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10-12-2018 : 3:34

4 Price and Payment.

4.1 The price of the Services shall be the price set out in the Company‚Äôs price list as published on the date the Order Form is accepted.  All prices are shown in GBP pounds sterling.  The Company reserves the right to alter any advertised prices at any time. 
4.2 All prices, fees, charges, disbursements, expenses and other sums payable hereunder are exclusive of and subject to any Value Added Tax or other sales tax which shall be paid by You in addition on payment for the Services.
4.3 Any additional charges that become payable during the Term will be notified to You in advance.  
4.4 Time for payment shall be of the essence. Unless otherwise agreed in writing all payments shall be payable in advance within 7 days of receipt of invoice.
4.5 No payment shall be deemed to have been received by the Company until the Company has received cleared funds.  All payments must be made in GBP pounds sterling.  
4.6 All payments payable to the Company under the Contract shall become due immediately on termination of the Contract.
4.7 You shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
4.8 If You fail to pay any sum due under the Contract on the due date, the Company shall be entitled, without limiting any other rights it may have to:

  • 4.8.1 suspend any of the Services without notice. The Company may at its discretion reinstate the Services for an additional charge.  Such charge to be notified to You in advance;
  • 4.8.2 Charge interest on any outstanding amount due at the rate of [4]% above the base lending rate from time to time of National Westminster Bank Plc accruing on a daily basis until payment is made whether before or after judgment. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

5 Intellectual Property Rights

5.1 The Company reserves all rights of ownership in the Company Material and You agree that You shall not alter, replicate, modify or infringe such rights or allow others to do so.
5.2 You acknowledge that You have no right, title or interest in the Company Material.
5.3 You warrant that any of Your Material provided to the Company for the purpose of providing the Services will not infringe the Intellectual Property Rights or other rights of any third party, and You shall indemnify the Company against any loss, damages, costs, expenses, or other claims howsoever arising from any such infringement.
5.4 Where possible the Company will use reasonable endeavours to obtain for itself and You all necessary consents, approvals and licences for the use of any third party Intellectual Property Rights in providing the Services.  However You agree and acknowledge that Your use of any third party Intellectual Property Rights may be subject to the terms of a licence provided by the relevant third party.  In such circumstances the Company does not warrant that the use of such Intellectual Property Rights does not infringe the rights of a third party and You must rely solely on any warranties or guarantees contained within any such licences.
5.5 Subject to paragraph 5.4 the Company warrants that any material provided by the Company for the purposes of the Services will not infringe the Intellectual Property Rights  or other rights of any third party, and the Company shall indemnify You against any loss, damages, costs, expenses or other claims arising from any such infringement provided that the Company shall not be liable for any such claims arising as a result of the editing, amendment or alteration of any of the Company Material by You following termination of the Services.
5.6 You undertake to co-operate with the Company in relation to any claim described in 5.4 and 5.5 above and that the Company will have the right to defend any such claims and make settlements thereof at its own discretion in order to settle or oppose any such claims.

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