Web Magik (hereinafter referred to as "the Designer") agrees
to provide services as detailed in the Designer's quotation,
budget price or Confirmation of Appointment to the individual,
organisation or public body referred to therein (hereinafter
referred to as "the Client").
Unless specifically varied in the Designer’s Confirmation of
Appointment or otherwise in writing by the Designer, the
following payment terms shall apply: all fees quoted are
exclusive of VAT and to the extent that VAT is chargeable in
respect of any goods, work or services supplied by the Designer,
VAT at the rate in force at the time of supply should be added
to payments otherwise due. Fee accounts will be rendered
calendar monthly and/or on completion of the services provided
and will be due for payment strictly within 7 days of
The Designer will require some monies to be paid prior to
commencement of work on account of fees likely to be incurred
which shall, in general, amount to 50% of the estimated cost.
All fees quoted are subject to review and adjustment by the
In the event that full payment is made later than required by
Condition 2. hereof or if only partial payment is made, the
Designer may at its absolute discretion charge for
administration costs and interest on any monies owed at either
the rate of 2% interest per month or at the annual rate of 5%
above the base rate published from time to time by Barclays Bank
plc, whichever is the greater rate, calculated weekly and
compounded monthly. Failure to apply such charges does not
constitute a waiver of the option so to charge.
The Designer reserves unto itself the right to withdraw its
services at its entire discretion, particularly in the event of
any failure to pay its pro-forma accounts and invoices or, where
the Client makes its own arrangements for provision of storage
space with an Internet Service Provider, if the Client does not
make available or continue to make available server storage
space to the Designer. Upon such withdrawal of its services, the
Designer shall be under no liability whatsoever to the Client
for any costs, losses and damages, howsoever arising, that the
Client may incur of may have incurred.
It is hereby agreed between the Designer and the Client that
where the Designer withdraws its services pursuant to Condition
6. hereof, the Designer may remove any material stored upon any
computer or server and shall retain, and shall not be under any
obligation to return or provide access to, any and all
documents, papers, etc. belonging to the Client until payment is
made in full of all the Designer’s pro-forma accounts and
invoices. It is further agreed between the Designer and the
Client that the Client will pay the time costs of reinstating
any web site removed under these Conditions.
Copyright in all designs, graphics, logos, pages, documents,
papers, etc. prepared or caused to be prepared by the Designer
is expressly reserved by the Designer.
The Client shall indemnify and save harmless the Designer
against any claims that may arise out of the content or nature
of the material stored upon any computer or server or which may
be prohibited or protected by laws of any country or state
relating to copyright, confidentiality or intellectual property.
These Terms of Appointment are governed by and subject to