Terms and Conditions Page 2
Design and Marketing Services
The payment schedule for these Services depends on the nature, duration and complexity of the Services being provided. We reserve the right to request a non-refundable deposit and staged payments, which if applicable will be detailed on the Order.
Unless otherwise stated all invoices are payable within thirty (30) days of the date on the valid invoice.
If the Order is for, or includes, website design and build services, We require payment for these Services in 2 equal instalments. The first by way of a non-refundable deposit payable when You place Your Order and the final payment on completion of the website (published live) to be paid on 14 days of the date on the invoice unless otherwise stated in the Order.
If Your Proposal is for repeat or ongoing Services on a retainer basis or otherwise We will require payment monthly upfront.
Upon receipt of all outstanding payments We will release final copies of and/or access keys to the relevant parts of the Services.
Our hosting agreements are annual and run from 1st January to 31st December of each year. For new hosting agreements that start within the year the calculation will be pro rata the full year cost as follows: (Number of full remain months in the year) / (12 months of the year) x (the full annual hosting fee). All hosting agreements are on a rolling contract to ensure website services remain uninterrupted so will automatically renew on the 1st January every year. The notice period on hosting agreements is 30 days which must be sent in writing to Crush.
Where We have submitted drafts and/or reports etc for Your comment/approval You are requested to respond within 30 days. After this time, if You have not contacted Us with Your requirements, We reserve the right to Terminate this Agreement in accordance with the provision of Clause 12 and invoice You for the value of the work done.
Any queries relating to an invoice must be received within 7 days from the date of the invoice. Until a query is resolved You remain liable to pay the undisputed part of an invoice within the original timescale detailed on it.
If payment is in arrears late payment charges will be levied on a daily basis at 3% above the then current Bank of England base-lending rate.
We reserve the right to suspend the provision of the Services where invoices are more than ninety (90) days overdue (where the provision of the Services is ongoing) until payment is received in full.
Payment can be made by cash, cheque or direct bank transfer. Where payment is made by cheque the cheque should be made payable to Crush Design and Creative marketing Ltd. Bank details for direct bank transfers can be made available on request.
Unless otherwise agreed and detailed on the Order, all intellectual property rights and proprietary rights, including, but not limited to, copyright, design rights and know-how and methodologies in or relating to any systems, reports, designs or other materials (“Information”), provided to You by Us, shall remain Our sole property or that of Our Licensors until final payment is received.
Once We have received final payment, the intellectual property rights and proprietary rights in any Information that is specific to Your business and that has been commissioned directly by You as part of the Order, for example designs or content for website or marketing materials, shall transfer to You, save for any items that have been sourced from a third party in which event the intellectual property rights and proprietary rights in such items shall remain with such third party unless otherwise confirmed. For the avoidance of doubt the intellectual property rights and proprietary rights in any initial designs or preparatory or development materials used in the development of the final published designs/artwork remains Our property after the completion of the Services.
Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and materials of the other party (“Confidential Information”). Each party, its agents and employers shall hold and maintain in strict confidence all Confidential Information, shall not disclose such Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under this Agreement or except as may be required by a court or governmental authority of competent jurisdiction which in the event of termination of this Agreement shall continue for a period as prescribed by ‘The Agreement’ thereafter. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received by a third party without obligation of confidentiality.
Nothing in this clause shall restrict either party, subject to obtaining the permission of the other, from discussing the existence of this Agreement, the nature of the Services to be delivered under it or the nature of the relationship between the parties.
We will comply with the relevant Data Protection laws in storing and processing any personal information You provide to Us. We will retain any business data You supply to Us under this Agreement for as long as We reasonably require.