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The nervenet Terms & Conditions – also see Hosting Terms & Conditions
These terms and conditions shall subsist unless agreed to the contrary.
Where any right exists under the law these terms shall exist in addition to such implied.
1. Scope of Content
nervenet (“the company”) advise the contracting party (“the client”) in connection with design, consultancy, hosting and technical advice of any nature (“the service”) or the services that are deemed deliverable that is agreed final by both company and client (“final delivery”).
The client shall be solely responsible for providing the company with all the necessary information in connection with its goods the service the market and generally. The company shall not be responsible for any short comings in such information. The company accepts that the client’s knowledge and experience in its goods and its market are vital in this regard.
The delivery times of the service stated by the company are reasonable estimates and the company shall not be responsible for any delay that is not directly attributable to the fault of the company
(i) Estimates. A deposit is requested prior to work commencement, this is usually for new customers or large projects. Furthermore, all estimates sent will require a written agreement (project commencement authorisation included with all estimates). Any replies about the project after an estimate has been sent will automatically be used a approval of the estimate and grants permission to start the project.
(ii)The contract price shall include the fees and bought in costs as charged or quoted by the company (plus extra fees for modifications) plus its reasonable expenses, travelling and accommodation expenses, courier costs and all other out-of-pocket expenses.
(iii) The contract price is exclusive of local or other chargeable taxes.
(iv) Any estimates of contract price shall remain extant for 1 month.
(v) Payment of the contract price shall be made in pounds Sterling within Thirty days from date of invoice and the company shall be entitled to charge interest on overdue sums (see below for payment terms)
(vi) For the time being of the company’s bank or the court rate whichever is the higher.
‘License’ to the final delivery shall only pass to the client when and only when the full contract price for the service has been paid together with interest and costs if applicable.
6. Intellectual Property
In all works produced pursuant to the contract shall remain the property of the company under the Intellectual Property Act 2014 [Click for more info]. Furthermore the company shall endeavor to obtain the relevant intellectual property right of its sub-contractors. The company will on demand and at the cost of the client execute such deeds and documents as are necessary to give effect to this clause.
The client shall be entitled to cancel the contract [before completion of work] and thereupon shall immediately reimburse the company either
(i) 33% of the contract price or
(ii) The full cost of performance of the contract up to cancellation (including fees, costs, disbursements and reasonable profit – minimum 2%) whichever is the greater.
Where the contract is quoted in stages then each stage shall be an individual contract under these conditions and the company shall be entitled to be paid 50% of the contract price for each stage in advance and each stage shall be a separate cost commitment.
The company shall be under no liability to the purchaser for any actions costs claims or demands suffered in respect of any infringement of any patent trademark trade name registered design device for the protection of intellectual property passing off save in so far as such infringement is due at the fault or bad faith of the company.
Company will use its best endeavors to preserve the confidential information of the client.
11. Technical and artistic concepts
The company reserves exclusive right to use any designs art concepts design concepts software ideas copyright design right moral right (“intellectual property”) or other intellectual property developed in the course of this contract in any field or industry unless the company agrees in writing to grant exclusivity to the client.
(i) Proposals for implementation of the service are based upon the information provided by the client and no warranty or representation is given concerning performance of the service.
(ii) The company is responsible for the design of the final delivery, but is not responsible for the implementation of the final delivery, full responsibility for which remains with the client.
13. Limitation of liability
(i) The company and its servants and directors shall only be liable for contractual damages arising from any breach of the contract or general law up to the contract price and shall only be liable for damages in tort up to such sum as shall be received in respect of the insurance’s effected by the company from time to time.
(ii) The company will not be responsible for any default of any third party or sub-contractor manufacturer or supplier.
14. Publicity and examples
The company shall have reasonable right to publicise its involvement in the contract.
This contract shall be subject to English Law and under the non-exclusive jurisdiction of the English courts and the appropriate County Court jurisdiction shall be the mayors and the city of London County Court.
16. Payment Terms
Payment is due 30 days from date of invoice. Payments not received within 30 days will be subject to an interest rate of 8% per year or a fraction thereof from the date of invoice. The client is subject to reasonable collection fees. Payment not received within Six months from the date of invoice can at the company’s discretion be subject to the use of factoring companies.