You (the client) are deemed to have accepted our Terms of Business upon acceptance of either a pre-quoted piece of work, or any chargeable work for which Chris Wall Ltd (the supplier) has undertaken on your behalf. Our Terms of Business form the contract between us (the supplier) and you (the client).
Our commitment to you
We will use all reasonable care and skill to provide the services implied in the quotation, including any specification – in all material respects. We can make any changes to the specification required to ensure our services comply with current Law and you will be advised accordingly.
We will make all reasonable endeavours to complete the services in our agreement within the agreed timeframe (set out in our quotation). However, unplanned changes requested by you may impact on timing and final project cost – for which you will be advised.
Fees charged for our services are based on a time and materials basis.
In addition to our fees we can recover from you incidental costs including travel expenses; hotel costs, subsistence and any associated expenses incurred whilst providing the contracted service. VAT (where relevant) will be charged at the legally binding rate.
If due to circumstances beyond our control we are unable to deliver the contracted service to the agreed specification, we will inform you and offer up an alternative.
You must obtain all relevant permissions / licences required for the use of all materials we may need to use in delivering the contracted services on your behalf.
Quotations will cease to be valid beyond 30 days from the date of quotation, or if subsequently re-specified before commencement of the contract.
Either party may cancel the order for any reason prior to your acceptance of the quotation.
Where an official Purchase Order is not provided your instructions to proceed will be deemed as a binding contract.
Where a contract requires a regular, ongoing service and charge we work to a Service Level Agreement. This defines the length of the contract, the regular fee and what is provided in exchange of the fee.
Where we host websites on behalf of clients the website hosting will be in conjunction with a third party web hosting service which will be shared with the client. Although we vet our web hosting partners, we and our clients will be bound by the hosting partner’s terms of business.
Payment for Services:
Invoicing for payment of services will take place in stages or upon completion of the project agreed between you and us.
Payment must be received within 30 days of the invoice date, or within the terms specifically applied to the contract in question.
Failure to settle within the contractually agreed terms will invoke our right to charge interest on the outstanding amount at a rate of 2% above the Bank of England lending rate in force at the time of breach of contract.
We reserve the right to pursue debt recovery action in the event of failure to pay within the contractually agreed credit terms and to recover any additional costs incurred by us in the process of debt recovery.
All goods and services supplied will remain the property of Chris Wall Ltd until full payment has been received.
Termination of supply of services:
May occur if you are in breach of the agreed contract.
May occur if no payment is received for the invoiced services within the contractual terms.
May occur if you enter in to a Voluntary Agreement, or any other type of voluntary, or compulsory liquidation.
Intellectual Property Rights:
We reserve all copyright and intellectual property rights relating to all work supplied. We reserve the right to protect against any infringement of such intellectual property rights and to make use of content for our own promotional purposes.
Liability & Indemnity:
The total amount of our liability is limited to the total fees payable to us under the terms of the contract.
We are not liable for any failure to perform the contract where failure is caused by circumstances beyond our reasonable control.
We are not liable for any breach of contract caused by your failure to meet your obligations under the terms of the contract.
You must indemnify us against all damages, expenses, costs or claims suffered by us as a result of damage to any equipment (including that owned by third parties) you or your employees or agents.
Your payment for our services will be deemed as acceptance that our supply of goods, or services are as agreed and fit for purpose.