Client Terms & Conditions.
These terms and conditions are in relation to business and work carried out by 48Four Contract Services. Together with any and all other documents referred to herein, set out the terms which you agree upon as a client. Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your acceptance for us to complete works.
1) Introduction
A contract is formed between a customer (referred to as the “Customer”) and 48Four Contract Services (referred to as the “Company”) when an Order is received from the Customer. An order may be in written, verbal or electronic form. The materials or Service shall mean any material or service that is provided by the Company to the Customer. These conditions do not affect your statutory rights.
2) Supply
The Company agrees to supply the material(s) or service(s) to the Customer as detailed in the Order and according to the terms and conditions of this contract. All material(s) supplied are charged at trade price plus 10-20% mark up unless stated otherwise. The price of material(s) is based on costs at the time the estimate is created, the final invoice will reflect current market purchase price.
3) Rights Reserved
Should the Company choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of the Company’s rights. By providing the Company with an Order, the Customer accepts these terms and conditions.
4) Payment
The Company shall issue an invoice to the Customer in respect of materials or services supplied, or to be supplied. Payment terms will be stipulated on any invoice issued by the Company. These may include non-standard or special clauses which the Company may reasonably request of the Customer. The Company reserves the right to charge interest on overdue amounts at an annual rate of 8% over the Bank of England base rate and compensation for debt recovery costs under the late payment legislation, ruling on the date payment is due. Title in the materials or services shall remain with the Company until full payment has been received, unless otherwise stipulated in the Order.
5) Health & Safety
The Company and Customer will act in accordance with all relevant health and safety requirements in order to provide the material(s) or service(s).
6) Work Description
Unless otherwise agreed, the Customer accepts the Company’s decision on any changes within the material(s) or service(s).
7) Deposits & Cancellation
If requested by the Company, monies paid by the Customer to reserve the material(s) or service(s) of the Company will be accepted as a Deposit. If the Customer cancels the request prior to the Company supplying the material(s) or service(s), the Customers deposit will be retained.
8) Liability
The Company accepts no liability for any loss or damage that may arise from the supply of the material(s) or service(s). In the unlikely event of the Company being unable to supply the material(s) or service(s) as specified in the Order, liability shall be limited to the total invoice value – or monies already paid by the Customer.
9) Copyright
Unless otherwise stated in the Order, the Company retains copyright in all their Original Material. Original Material includes products or creative productions of their service video recordings, graphics, soundtracks, printed material and any other design or artwork commissioned by the Customer in relation to the Order. The Customer must ensure that permission is sought for the inclusion of any copyright material they supply to the Company to enable them to deliver the material(s) or service(s). The Customer must also ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations. The Company retains the right to use this material in its original and edited form as they see fit, unless otherwise agreed in the Order. The Customer agrees to indemnify the Company in the event of any breach of copyright claims being brought against the Company in respect of material supplied by the Customer.
10) Data Protection
The Customer must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video or photo as a result of the Company supplying the product(s) or service(s) – and that such recordings are compliant with Data Protection. The Company has the right to record, store and distribute any video, photo and audio data on its premises and on the premises or private property of any customer they are currently providing a service to for security and marketing purposes, unless agreed otherwise.
11) Complaints Procedure
In the unlikely event of a dispute over the supply of material(s) or service(s), the Customer and Company will come to a mutual agreement to settle. Any disputes must be notified within 28-days of the Customer receiving the material(s) or service(s).
12) Care and Damage to client property
Whilst every care is taken in the handling of the Customer’s property, the Company accepts no responsibility whatsoever for any loss or damage, howsoever caused, or any other loss by unforeseen circumstances whilst services are being carried out at a Customer’s property. Liability for such loss or damage will be limited to the replacement or repair cost of the damaged property.
13) Right of Assignment
The Company retains the right to assign the supply of the material(s) or service(s) to the Customer to another suitable company should they be unable to complete these terms and conditions.
14) Expenses
The Company retains the right to charge out-of-pocket expenses incurred in providing the material(s) or service(s) e.g. parking charges or congestion – subject to being able to provide the Customer with proof of expenditure. All out-of-pocket expenses will be charged at cost.
15) Confidentiality
Unless otherwise agreed the Company will treat any information gained during the supply of the material(s) or service(s) as being private and confidential. Likewise, the Customer shall keep confidential any methodologies and technology used by the Company to supply of the material(s) or service(s).
16) Basis of law
These Terms and Conditions and any accompanying letter, invoice and/or contract are governed by the laws of the United Kingdom.
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For further information about these terms and conditions, please contact:
Joel Smith (Managing Director)
Unit 102, Unit D, 18 Imperial Way, Croydon, CR0 4RR
0203 488 5484
info@48fourservices.com