General Terms and Conditions
Please also refer to the website development terms and conditions.
In this document Neptune Media can be referred to as: Neptune Media, Neptune Media ltd, Us, We, I, Our, Our Employees, Agents.
THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 4 BELOW.
- The Foundation
- You, The Customer are hiring us, Neptune Media, for our services.
- We charge £45 per hour
- Our daily rate is £360 per day.
- We work Monday to Friday.
- We observe National Holidays and Bank Holidays in the UK.
- We occasionally take leave during the year, we will advise you accordingly or our arrangements and how it might affect your project if at all.
- Good Faith
- As our Customer, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to any payment schedule agreed.
- We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. We shall use all reasonable endeavours to meet any performance dates specified by You, but any such dates shall be estimates only and time shall not be of the essence for performance of the Contract.
- We may delay our work for unexpected events such as loss of power, loss of data, travel delays, illness, compassionate leave and family emergencies. We cannot be held responsible for delays caused by this. Know that we do our very best to catch up on any work caused delayed through unexpected events
- As a small company we work on multiple projects in parallel to reduce the cost of our services to you. If we have to urgently divert our time temporarily to another project that is running in parallel to yours we will do everything possible to keep your project on track but we cannot be held responsible for any slippage in time caused by this. Should you require our services exclusively then our daily rate will become effective and you will retain our services through the duration of the project.
- The Customer shall pay each invoice submitted by us within 30 days of the date of the invoice by default, or as per the invoice terms.
- If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then the Customer shall pay:
- a late payment surcharge of £100 per each 30 days overdue; and
- interest on the overdue amount at the rate of 5% per cent per annum above HSBC’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount
- You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting our other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
- LIMITATION OF LIABILITY: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
- a) Nothing in the Contract shall limit or exclude Neptune Media’s liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
- fraud or fraudulent misrepresentation; or
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
- b) Subject to clause 4.a, Neptune Media shall not be liable to You, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of use or corruption of software, data or information;
- loss of damage to goodwill; and
- any indirect or consequential loss.
- c) Neptune Media’s total liability to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to 100% of the total Charges paid under the Contract.
- d) The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
- e) This clause 4 shall survive termination of the Contract.
- Without limiting its other rights or remedies, Neptune Media may terminate the Contract with immediate effect by giving written notice to the Customer if:
- the Customer fails to pay any amount due under the Contract on the due date for payment and;
- remains in default not less than14 days after being notified to make such payment; or
- Entire agreement
- This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in this agreement.
No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives)
- A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
- waive that or any other right or remedy; or
- prevent or restrict the further exercise of that or any other right or remedy.
- Third Party
No one other than a party to the Contract shall have any right to enforce any of its terms.
You agree to indemnify and hold us, our employees or agents harmless from any claims resulting from your use of our service that damages you or any other party.
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
- Governing law.
The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.