Consumer Terms for Supply of Services
In these Terms, the following definitions apply:
“Charges” means the charges for the Services specified on the Specification Sheet;
“Contract” means the contract for the provision of the Services;
“Customer” means the person named as such on the Specification Sheet;
“Services” means the services specified on the Specification Sheet;
“Specification Sheet” means the sheet to which these Terms are attached;
“Supplier” means Alice Designs of 206 Waverley Road Reading Berkshire RG30 2QG;
“these Terms” means the terms and conditions for the supply of services set out in this document.
2 Formation of the contract
2.1 These Terms, together with the details on the Specification Sheet, apply to the supply of the Services by the Supplier. Any changes or additions to these Terms or those details must be agreed in writing between the Customer and the Supplier.
2.2 No contract exists between the Customer and the Supplier for the supply of the Services until the Supplier has received and accepted the Customer’s signed copy of the Specification Sheet and sends the Customer confirmation in writing to the address, fax number or email address the Customer has given. Once the Supplier does so, there is a binding legal contract between the Supplier and the Customer.
2.3 Once the Contract exists the Customer will immediately pay 50% of the Contact Charges in respect of any artwork.
2.4 The Supplier may change these Terms without notice to the Customer in relation to the provision of future services.
3 Provision of the services
3.1 Details of the Services are set out on the Specification Sheet.
3.2 It is the Customer’s responsibility to provide the Supplier, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable the Supplier to provide the Services in accordance with the Contract.
3.3 If the Customer fails to do so, or provides the Supplier with incomplete, incorrect or inaccurate information or instructions, the Supplier reserves the right to cancel the Contract by giving written notice to the Customer, or to make an additional charge of a reasonable sum to cover any extra work that is required.
3.4 If the Services requested by the Customer are not available for any reason beyond the Supplier’s reasonable control, the Supplier will promptly notify the Customer in writing or by email and endeavour to provide an alternative service which is reasonably acceptable to the Customer, but if it is not able to do so the Supplier shall be entitled to cancel the order or (if the order has been accepted by the Supplier) cancel the Contract, in which case the Supplier will promptly notify the Customer in writing or by email and refund any sum that has been paid by the Customer for the Services.
4.1 The Charges for the Services are as shown on the Specification Sheet and are inclusive of any applicable Value Added Tax (if chargeable).
4.2 A deposit is payable by the Customer on confirmation of the Customer’s order, and further instalments of the Charges are payable, as stated in the Specification Sheet. If the deposit is not made within the required time, the Supplier reserves the right to cancel the order. If the balance of the Charges is not paid, or the Customer cancels the Contract otherwise than as permitted under paragraph 5, the Supplier shall be entitled to retain the Customer’s deposit.
4.3 The Supplier will invoice the Customer for the balance of the Charges on completion and delivery of the Services, which shall be immediately payable, unless otherwise agreed in writing.
4.4 Payment of the Charges can be made by cash or cheque, payable to Alice Elliott (unless stated otherwise).
4.5 If payment is not made on the due date, the Supplier will be entitled to charge interest on the unpaid balance of the Charges at 17% per annum.
5.1 The Contract will commence on the date specified on the Specification Sheet, and will run initially for the minimum period specified on the Specification Sheet, at the end of which the Customer may renew the Contract for a further period as specified on the Specification Sheet, subject to payment of the Supplier’s standard charges at the time, as notified in writing to the Customer.
5.2 The Customer shall have the right to terminate the Contract after the end of the initial period but before the end of any further period for which the Contract may have been renewed, by giving the Supplier not less than 7 days written notice.
5.3 Either party may, without limiting any other right, terminate the Contract by giving written notice to the other party if (i) the other party breaches any provision of this Agreement and fails to remedy the breach within 7 days after receipt of a notice giving details of the breach and requiring it to be remedied; or (ii) the other party becomes bankrupt, goes into liquidation or administration, makes any arrangement or composition with his or its creditors, or a receiver or administrative receiver is appointed over any of the assets of the other party.
5.4 If the Customer properly terminates the Contract before the end of any further period following the initial minimum period, the Supplier will refund a due proportion of any Charges paid in advance for the period then current.
5.5 A delay by either party in acting on a breach of this Agreement will not be regarded as a waiver of the breach. If either party waives a breach of the Contract by the other, the waiver is limited to the particular breach.
5.6 Termination of the Contract will not affect either party’s outstanding rights or duties, including the Supplier’s right to recover any money owing to it under these Terms.
6 Warranty and liability
6.1 The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill and, unless the Supplier is prevented by circumstances beyond its reasonable control, in accordance with the Specification Sheet.
6.2 The Supplier shall have no liability to the Customer for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions supplied by the Customer which is or are incomplete, incorrect or inaccurate.
6.3 The Supplier shall not be liable to the Customer for any unforeseeable loss or damages arising from the provision (or non-provision) of the Services, including loss of profit or consequential loss or damage.
6.4 The Supplier shall not be liable to the Customer by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Services, if the delay or failure was due to an act of God, war, riot, civil disturbance, terrorism, power failure, or any other cause beyond the Supplier’s reasonable control.
6.5 To enable the Supplier to deal with any complaint that may arise relating to the Services, the Customer must provide full details of any complaint within 5 days of the supply of the relevant Services.
6.6 Nothing in these Terms affects any liability for death or personal injury caused by the Supplier’s negligence or for fraudulent misrepresentation, or the Customer’s statutory rights as a consumer.
7 Data protection
7.1 The Supplier will only use any personal information provided by the Customer for the purpose of providing the Services, or for informing the Customer of the availability of similar services, unless the Customer agrees otherwise.
7.2 The Customer can correct any information, or ask for information about the Customer to be deleted, by giving written notice to the Supplier at the address or email address shown on the Specification Sheet.
8 Copyright etc.
8.1 The copyright, design right and all other intellectual property rights in any materials and other documents or items prepared or produced for the Customer by or on behalf of the Supplier in connection with the Contract shall belong to the Supplier absolutely and any such materials, documents or items shall be or remain the sole property of the Supplier until such time as the Charges has been paid in full.
8.2 After payment of the Charges, the Customer shall be entitled to use any such materials, documents or other items as are referred to in paragraph 8.1 in connection with the Services including but not limited to copying, reproducing in any medium for any commercial or other purpose.
9.1 The Company may assign or sub-contract the Contract or any part of it if this is necessary for operational reasons or in connection with a business transfer or reorganisation. Otherwise, the Contract is not transferable by either party.
9.2 Nothing in the Contract gives any right to any third party to enforce any provision under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
9.3 These Terms and the Contract will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the Contract.
Supplier: __________ (Name/address/fax/email address)
Customer: __________ (Name/address/email address)
• Deposit: __________
• Recurring charges __________
Commencement Date: __________
Minimum Period: __________
Renewal Period: __________