Terms & Conditions
The Client: The company or individual requesting the services of Eighty3 Creative Limited. Eighty3 Creative Limited: Primary designer/site owner & employees or affiliates. These Terms and Conditions apply to the provision of services and any goods detailed in our quotation for services by Eighty3 Creative Limited.
By accepting the Quotation or as a result of the commencement of the services you are deemed to have accepted these Terms and Conditions. Services are carried out on the business days from Monday to Friday excluding Bank Holidays.
Eighty3 Creative Limited will use reasonable care and skill in our performance of the services as described in the quotation. Eighty3 Creative Limited will notify the client, if needed, of changes to the services provided to comply with any relevant law or safety requirement. Time shall not be in the essence in the carrying out of the services provided.
We reserve the right to terminate our services. Eighty3 Creative Limited will not be liable for any delay or failure to provide the services should Eighty3 Creative Limited not receive, from you the client, access to information contained in any licenses and permissions obtained by you that we need to provide the services in the quotation or subsequently agreed services.
The fees for the services in the quotation are on a time and materials basis exclusive of VAT. If needed to carry out the services Eighty3 Creative Limited will charge, after obtaining agreement from the client, for incidental expenses. These may cover traveling expenses, hotel costs, subsistence and related expenses. If needed to carry out the services Eighty3 Creative Limited will charge for the cost of services provided by third parties and any additional services requested by the client but not included in the quotation at the agreed rate.
Cancellation & Amendment
If a quotation has not been accepted by the client, or if no services have started within a period of 30 days from the date of the quotation, Eighty3 Creative Limited reserve the right to withdraw, amend or cancel the quotation. If the client has accepted the quotation and given instructions, written or verbal to commence the services but want to amend the services the client must inform Eighty3 Creative Limited in writing as soon as possible.
Eighty3 Creative Limited will if possible amend the services and any resultant costs will be notified and invoiced to the client. If Eighty3 Creative Limited have to amend the services agreed as a result of circumstances beyond our control we will notify you and any effect upon costs thereon.
Sub Contracting & Arrangements
If Eighty3 Creative Limited deem it necessary to provide the services as agreed, we can assign, transfer, charge, subcontract or delegate to a third party all or any of our rights or obligations under these Terms and Conditions. Eighty3 Creative Limited require prior written notice before you consent, assign, transfer, charge, subcontract or deal in any other manner with any of you rights or obligations under these Terms and Conditions.
Eighty3 Creative Limited Google Certified Professional is a sub-contractor and hold all relevant insurances.
Eighty3 Creative Limited reserve the right to terminate the services immediately if the client:
– Commit a material breach of your obligations under these Terms and Conditions or
– Do not pay any amount due under the Contract on the due date or
– Become or are about to become the subject of a bankruptcy order or enter into a voluntary arrangement under part 1 of the Insolvency Act 1986 or any other scheme or arrangement is made with its creditors or,
– Convene any meeting of your creditors or enter into a voluntary or compulsory liquidation, which may result in Insolvency proceedings or Insolvency.
In connection with any goods which may be supplied in the services provided Eighty3 Creative Limited reserve all copyrights and any other intellectual property rights and Eighty3 Creative Limited reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability & Indemnity
Eighty3 Creative Limited liability under these Terms and Conditions In breach of statutory duty and in tort or misrepresentation or otherwise shall be limited as set out in this clause. The total amount of our liability under these Terms and Conditions for any breach of statutory duty, misrepresentation, tort or otherwise shall be limited to the total fees payable by you under this contract. Eighty3 Creative Limited are not liable (whether caused by employees agents or otherwise) in providing the quotation or the contracted services or any of our other obligations under these Terms and Conditions for:
– Any indirect, special or consequential loss, damage, costs or expenses, or
– Any loss of profits, or anticipated profits, loss of business, loss of data, loss of reputation or goodwill, business interruption or other third party loss or
– Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control, or
– Any losses caused directly or indirectly by any failure of your breach in relation to your obligations, or
– Any losses arising directly or indirectly from the choice of services and how they will meet your requirements or your use of the services or any goods supplied in connection with the services.
The client must indemnify Eighty3 Creative Limited against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to 3rd parties) caused by the client or the clientʼs agent or the clientʼs employee.
Circumstances Beyond A Partyʼs Control
Neither of Eighty3 Creative Limited or the client is liable, resulting from any cause beyond each party’s reasonable control, for any failure or delay in performing our obligations. Examples of causes include but are not limited to power failure, internet service provider failure, industrial action, civil war, fire, flood, storms, earthquakes, acts of terrorism, acts or war, government action, or any other event that is beyond the control of the party in question. Either party may cancel the services as a result of any delay which continues for 90 days.
All notices must be given in writing and sent to the business address or email and signed by a responsible official of the party giving the notice.
No delay, act or omission by a party in excising any right or remedy will be deemed a waiver of that or any other right or remedy or stop further excesses of any other right or remedy.
Law & Jurisdiction
English Law and the exclusive jurisdiction of that Law shall govern and provide the interpretation of these Terms and Conditions.
Payment of Accounts
Time for payment shall be of the essence to the contract. A prepayment is required from any new client before any work is carried out. It is the Eighty3 Creative Limited policy that any outstanding accounts for work carried out by Eighty3 Creative Limited or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Eighty3 Creative Limited.
Once a pre-payment is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Eighty3 Creative Limited have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non-payment can result in County Court Judgements (CCJ’s) being added to the clients credit rating. Following consistent non-payment of an invoice our solicitors will contact the client in question, with a view to taking the matter further and if needs be to seek payment through legal procedures, and if necessary court summons. Intellectual property of the goods remain the property of Eighty3 Creative Limited until all outstanding invoices are paid.
Eighty3 Creative Limited reserve the right to charge 4% per annum above the Bank of England lending rate until the outstanding fees are paid for none payment in accordance with agreed terms. Eighty3 Creative Limited reserve the right to suspend services due to none payment within the agreed terms. All payments must be made in full, in British Pounds, except as provided by law, without any deduction or withholding.