The Elementary Web Shop

THESE ARE THE STANDARD TERMS AND CONDITIONS REFERRED TO IN THE FOREGOING CONTRACT BETWEEN THE ELEMENTARY WEB SHOP AND THE CLIENT.

 1. DEFINITION OF TERMS

THE ELEMENTARY WEB SHOP – Judith Stafford, 6 York Road, Easton, Bristol trading as The Elementary Web Shop having its principal place of business at 6 York Road, Easton, Bristol, aforesaid
The Client - the entity which enters into a contract with THE ELEMENTARY WEB SHOP
The Work - the subject matter of the contract between the Client and THE ELEMENTARY WEB SHOP.

2. FEES

2.1 Fee Payable

A non refundable deposit of 40% of the total fee payable under the contract is due immediately upon the signing of the contract. The remaining 60% shall become due when the Work is completed to the reasonable satisfaction of the Client but subject to the terms of Clause 4.3 Approval of Work and Clause 4.4 Rejected Work hereof. THE ELEMENTARY WEB SHOP reserves the right not to begin the Work until the said deposit has been paid in full.
Upon completion of the work, THE ELEMENTARY WEB SHOP will invoice the Client for the 60% balancing payment, which, in the absence of agreement to the contrary, is to be paid by the Client within 7 days of the date that the invoice was issued.

2.3 Remedies for Overdue Payment

If payment has not been received by the due date, THE ELEMENTARY WEB SHOP has the right to suspend ongoing work for Client, until such time that full payment of the outstanding balance has been received. If full payment has still not been received 21 days after the due date, THE ELEMENTARY WEB SHOP has the right to revoke the Client's licence of the Work and begin legal proceedings to recover losses until full payment has been received. By revoking the Client's licence of the Work, THE ELEMENTARY WEB SHOP does not remove the Client's obligation to pay any outstanding monies owing.

3. DISCLAIMERS

3.1 Status and Duration of Offers

Proposals and offers are valid for a period of one month from the date issued. THE ELEMENTARY WEB SHOP is not bound to honour offers that have expired. Offers are not legally binding until an acceptable timetable for the work has been agreed by both parties. This timetable must be agreed within the month that the offer is valid. If an acceptable timetable has not been approved by both parties within one month of the offer being made, the offer is deemed to have expired.

4. COMPLETION OF WORK AND PAYMENT

4.1 Completion of Work

THE ELEMENTARY WEB SHOP warrants completing the Work in accordance with its Standard Terms and Conditions to the specifications previously agreed with the Client. THE ELEMENTARY WEB SHOP will not charge more than the amount previously agreed unless the Client has varied the specifications of the Work since the agreement. THE ELEMENTARY WEB SHOP will not undertake changes to the specifications of the Work which would increase the cost, without prior written authorisation from the Client.

4.2 Supply of Materials

The Client is to supply all materials and information required for THE ELEMENTARY WEB SHOP to complete the Work in accordance with the agreed specification. THE ELEMENTARY WEB SHOP has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount. Where the Client's failure to supply materials prevents progress on the Work for more than 21 days, THE ELEMENTARY WEB SHOP has the right to invoice the Client for any part or parts of the Work already completed.

4.3 Approval of Work

On completion of the Work, the Client will be notified and have the opportunity to review it. The Client should notify THE ELEMENTARY WEB SHOP, in writing, of any unsatisfactory points within 7 days of receipt of such notification. Any of the Work which has not been reported in writing to THE ELEMENTARY WEB SHOP as unsatisfactory within the 7 day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed and the 60% balancing payment under Clause 2.1 Fee Payable will become due. The Contract will remain in effect until all obligations have been completed in terms of this Clause.

4.4 Changes to Project

If you, the Client, significantly alter the nature of the project, instructions or input after work has begun, and if such a change requires additional time to be afforded to the project, proportionate compensation for that time is subject to being billed at the rate of £50 per hour.

4.5 Rejected Work

If the Client rejects the Work within the 7 day review period, or will not approve subsequent Work performed by THE ELEMENTARY WEB SHOP to remedy any points reported by the Client as unsatisfactory, and THE ELEMENTARY WEB SHOP considers that the Client is unreasonable in his repeated rejection of the Work, the contract will be deemed to have expired and THE ELEMENTARY WEB SHOP can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred in recovering payment. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition, editing or interpretation of the Client’s needs, amendments or circumstances.

5. INTELLECTUAL PROPERTY

(a) Unless agreed otherwise, the entire copyright of the words and/or phrases created is retained by THE ELEMENTARY WEB SHOP at all times throughout the world. No property or copyright in any words or phrases shall pass to the client whether on their submission or on THE ELEMENTARY WEB SHOP’s agreement of reproduction rights in respect thereof. Any reproduction rights granted to the Client are by way of license and no partial or other assignment of copyright shall be implied.

5.1 Promotional Use

THE ELEMENTARY WEB SHOP reserves the right to present to others, for promotional purposes only, any work have produced, in its finished format or layout including text and or graphics in either hard copy or any other form (unless specifically prohibited by a formal non-disclosure agreement). THE ELEMENTARY WEB SHOP will not, without your permission, present work that has not yet been published, distributed or become common knowledge, unless a reasonable time period has elapsed.
All information provided to me for the purpose of any project will be treated as confidential and will never be passed on or shared with any third party. I respect your privacy.

6. RIGHTS AND RESPONSIBILITIES

6.1 Right to Terminate

THE ELEMENTARY WEB SHOP reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable.

6.2 Events Beyond the Control of THE ELEMENTARY WEB SHOP

THE ELEMENTARY WEB SHOP will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of THE ELEMENTARY WEB SHOP.

7. INTERPRETATION

7.1 Jurisdiction

This Agreement shall be governed by the laws of the UK which shall claim venue and jurisdiction for any legal action or claim arising from the contract between THE ELEMENTARY WEB SHOP and the Client. The said contract is void where prohibited by law.

7.2 Survival of Contract

Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

7.3 Change of Terms and Conditions

These terms & conditions may change from time to time. The Client will be informed of revisions as and when they are issued.