Terms of Service

1.0 General Terms of Service

1.1. James Hutton, Binfield, Berkshire RG2 4EH trading as ‘James Hutton’ (‘the Supplier”).

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1.2. Your acceptance of these terms are an absolute condition of utilising `James Hutton’ services.

1.3. These terms and conditions constitute the trading agreement between James Hutton (“we”or “our” or “us”) and the Client (“you”).

2.0 Charges

2.1. No VAT is chargeable. 

2.2. Work will be charged in accordance with the fees agreed by both parties in writing, email or in relation to a website proposal.

2.3. Our hourly rate is currently set at £80.00 per hour.

2.4. All services are charged in advance unless otherwise agreed.

3.0 Payments

3.1. Invoices will be paid by you (without deduction, set-off, counterclaim or otherwise) upon receipt.

4.0 Overdue Accounts

4.1. If invoices are not settled by payment when due, we will charge interest on overdue amounts. Interest will be calculated at the rate of 3% per day above the base lending rate as set out by the Bank of England. Interest will accrue from the due date until payment is made.

4.2. Our debtors escalation process is as follows:

– 3 days after due date – email reminder

– 7 days after due date – email reminder

– 14 days after due date – email reminder

– 21 days after due date – 1st reminder by recorded delivery

– 28 days after due date – 2nd reminder by recorded delivery with further invoice raised for interest due on the original invoice

– 35 days after due date – 3rd reminder by recorded delivery, the further interest charged as required

– 42 days after due date – Money claim submitted to court & enforcement officers

4.3. We reserve the right to retain all work, materials and any other items in our possession relating to any matter until all invoices are paid in full. This includes digital work and information.

4.4. Any queries in respect of an invoice must be raised within 7 days of the date of the invoice. Thereafter, it will be understood in no uncertain terms that the invoice has been accepted by you (except in the case of manifest error).

5.0 Change AND/OR Cancellation of Work/Contract

5.1. In the event of change or cancellation of work, we reserve the right to charge you for all costs of complying with your request. This may include expenses, productions costs, cancellation fees and our fees and commission in respect to the plans, schedules and work in progress for the project at hand.

5.2. If the project has been worked on or finished, the hourly rate will apply and you will be charged accordingly.

5.3. If you are under contract and the contractual period is coming to an end, then you must still serve 30 days notice. In the event, notice is not served, James Hutton may continue to operate on a rolling contract basis.

5.4. When final payment has cleared full admin rights will be transferred to the client. 

5.5. Our website packages are contracts for 3 years and are paid on a monthly bases. Should you cancel before the term ends the remaining balance is still due depending on months left on the contact. 

6.0 Termination

6.1. Without affecting any other right or remedy available to it, we may terminate our agreement with immediate effect by giving seven days written notice to you if you fail to pay any amount due under an agreement on the due date for such payment and remains in default not less than 7 days after being notified in writing to make such payment.

7.0 Intellectual Property

7.1. You guarantee and take full responsibility that all elements of text, images or other artwork you provide are either owned by you, or that you have written permission to use them. You will indemnify us against all damages, losses, expenses as a result of any action or claim that any website or material infringes any Intellectual Property Rights of a third party.

7.2. When your final payment has cleared, copyright will be automatically assigned as follows:-

(A) You own all elements of text, images and data you provide, unless someone else owns them.

(B) We will own the unique combination of these elements that constitutes a complete design and we will license its use to you exclusively and in perpetuity for this project only, unless we agree otherwise.

(C) We reserve the right, to display and link to your project as part of our portfolio and to write about it on our website, in magazines and social media sites. We reserve the right to state on your website that your website design was created and designed by James Hutton.

8.0 Force Majeure

8.1. Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances, the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed OR the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of the delay continues for 6 months the party not affected may terminate this Agreement by giving one month’s notice to the affected party.

9.0 Warranties

9.1. Each of the parties warrants to the other that it has full power and authority to enter into and perform this Agreement.

9.2. The Supplier shall perform the Services with reasonable care and skill.

9.3. The Supplier warrants that the Site will perform substantially in accordance with the site specification for a period of three months from Acceptance. If the Site does not perform, the Supplier shall, for no additional charge, carry out any work necessary in order that the Site substantially complies with the Site specification.

9.4. The warranty set out in Clause 9. 3 shall not apply to the extent that any failure of the Site to perform substantially in accordance with the Site Specification is caused by any materials provided by the Client.

9.5. This warranty sets out the full extent of the Supplier’s obligations and liabilities in respect of the supply of services. All conditions, warranties or other terms concerning the Services which might otherwise be implied into this Agreement or any collateral contract (whether by statute or otherwise) are hereby excluded.

10.0 Data Protection

10.1. The Supplier warrants that to the extent it processes any personal data on behalf of the Client:

(a) it shall act only on instructions from the Client;and James Hutton

(b) it has in place appropriate technical and organisational security measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of or damage to Personal Data.

10.2. In this Clause 12 Personal Data has the meaning given to it in the Data Protection Act 1998.

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