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Terms and Conditions
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Here are our terms and conditions for the supply of graphic design and web services by The Learning Journey (Resettlement) CIC
- The Company will provide the Client with graphic design and web services according to the terms and conditions laid out below.
- FREE CONSULTATION
We give you a completely free consultation, by phone and email. You will be asked for no payment commitment of any kind for that consultation. - FREE CONCEPT PROPOSAL AND ESTIMATE
We will, after that consultation, visit you, if required and mutually agreeable, at your business premises for a meeting of a half day dedicated to discussing requirements, and then deliver to you a Concept Proposal. - Our Concept Proposal will include a proposal to develop the concept, including a cost estimate. We provide both free of charge and you are under no obligation to pay money or proceed further.
- ORDER FOR DEVELOPMENT OF THE CONCEPT
If you wish to proceed further, we will ask you to place an order for development of the concept, accompanied by advance payment of one third of the estimated price (the first stage payment). - COMPLETION OF SIMPLE GRAPHIC DESIGN REQUIREMENTS
For straightforward graphic design work we will complete the task and offer you proof copies on paper or low resolution PDF file. On acceptance by you of our work we will release high resolution files for printing on receipt of your final payment for the work. Note that sections 26 onwards presented below apply. - FOR MORE COMPLEX WORK, SUCH AS THE DELIVERY OF A WEBSITE, POWER POINT PRESENTATION OR DATABASE, THE FOLLOWING ARRANGEMENTS WILL HOLD
If the project is agreed to be of this type a three stage process applies. In this case the order for development of the concept contains no commitment by you to proceed further than the development stage. - PROJECT TEAM
We will, on receipt of the order, set up a project development team including members of your own staff, and a private project development web forum. - The project team will co-ordinate working documents, presentations, a content library and work together towards agreement of the design of the requirements in a Functional Specification.
- FUNCTIONAL SPECIFICATION
The Functional Specification is an important document defining precisely what you will receive from us and at what cost. - This is not a document dictated by us. Our mission is to supply exactly what will completely satisfy your requirements. Therefore, if you are in any doubt as to whether the Functional Specification first produced will achieve that complete satisfaction, please feel free to ask us for modifications or adjustments and we will advise whether any such changes are necessary or advisable. The Functional Specification finally produced will be a document agreed between us.
- The Functional Specification will incorporate a written quotation of the total price for the requirements and an order to proceed to build and deliver the requirements. The order includes request for payment (the second stage payment) of one third of that quoted price, after due credit for the first stage payment.
- ADDITIONS
You may at any time after agreement of the Functional Specification ask for additions. We will advise whether these are practicable and, if so, the best method and cost of achieving the desired result and, if accepted by you, this advice will be written into a revised update of the Functional Specification. - IMPLEMENTATION AND DELIVERY
We will complete the design and delivery of the requirements in exact accordance with the Functional Specification. - TRAINING
Where necessary we will train the members of your staff you have designated to operate the delivered requirements. - ACCEPTANCE TEST
The acceptance test which the requirements must pass will have been agreed beforehand by the project team and defined in the Functional Specification. - Passing of the acceptance test confirms delivery of the requirements.
- MAINTENANCE
Maintenance is available for all requirements that we deliver on a time and materials basis. The range of anticipated charges you might averagely expect for maintenance will be included in both our estimate and the Functional Specification. - COMMITMENT TO PAYMENT
Our scheme for payment and committing to payment for the requirements is in three stages: - The first stage payment is made when you accept our Concept Proposal and order development of the concept.
- The second stage payment is made when you agree the Functional Specification and order design and delivery of the requirements.
- The third stage payment is made on passing of the acceptance test.
- We budget each of these as closely as possible to one third of the total cost of delivery of the whole.
- We thereby give you the option of both second and third thought in the buying process. You are under no commitment whatever in approaching us. If you ask us, after receiving our Concept Proposal, to go to the development phase, you are not committed to go beyond that stage. If we cannot agree the Functional Specification, you will receive no further request for payment from us.
- The rights referred to in 29 below are granted to the Client on payment of the second stage payment.
- Proprietary items agreed by the client as necessary for the project are charged for at the time of purchase plus a 5% administration charge where appropriate.
- PAYMENT TERMS
All payments are to be made within 14 days of delivery of our invoice for that payment. - In case of payment of any invoice being late, we reserve the right to charge interest at 2% per annum above the minimum lending rate of Barclays Bank plc for the time being in force and, at our option, to withhold further work, whether on design, supply, installation, hosting or maintenance, as we see fit until payment has been made in full.
- INTELLECTUAL PROPERTY RIGHTS
Any content or computer code created specifically for you is your intellectual property. Predominantly we use open source, share-ware software. We grant you non-exclusive licence to use our software installed to operate your requirements. - If it is agreed with the Client that systems are subsequently to be sold by the Company to third parties which incorporate computer code or other content which is the copyright of the Client then the Client may be due a percentage royalty on the revenue net of sales tax directly resulting from the sale of the systems on terms to be agreed at the time.
- LIMITED WARRANTY
The Company warrants that the our offering will perform substantially in accordance with the relevant documentation for a period of 90 days after successful acceptance testing. - LIABILITY LIMITATION
Apart from statutory limitation the Company and its suppliers shall not be liable for any other damages whatsoever arising from the use of its products and services including but not limited to loss of profits, business information or monetary loss, or other business loss. In any case the Company’s liability is limited to the amount paid for the products and services. - NON-DISCLOSURE AND PROTECTION OF COPYRIGHT
Both parties mutually agree to keep any information not in the public domain at the time concerning our clients and business confidential to us except where there has been written permission to release such information to a third party. Both parties must protect the copyright of the other party and may be held liable for its infringement. - RECRUITMENT OF STAFF
Should either party employ a member of staff of the other party during the execution of this project or for a period of 3 months thereafter a finders fee will be paid by the party recruiting the staff member to the other party. The fee will not be less than 15% of annual salary to be paid for the new job. - This agreement is governed by the laws of England and Wales.
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