Tuesday 12 November 2013

terms and conditions


this a copy of a terms and conditions contract i have wrote this would also have to be signed by myself and the client when designing something for them



THIS AGREEMENT is made on ______________ (insert date) between:
Surtur designs  – Freelance Designer company and


(ii) ______________________________________________
Standard Terms and Conditions for Commissioned work and Project Management

1.            Interpretation

1.1          Definitions, In these Conditions, the following definitions apply:

Charges: the charges payable by the Client for the supply of the Services in accordance with clause 6.
Conditions: these terms and conditions as amended from time to time in accordance with clause 13.8.
Contract: the contract between surtur designs and the Client for the supply of Services in accordance with these Conditions.
Client: the person or firm who purchases Services from surtur designs.
Deliverables: the deliverables set out in the Service Estimate.
Surtur designs IPR: any Intellectual Property Rights which are owned, developed or created by surtur designs and do not relate exclusively to the Services and/or the Deliverables.
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Services: the design services, including the Deliverables, to be supplied by surtur designs to the Client as set out in the Service Estimate.
Service Estimate: the description or specification of the Services and Deliverables and estimate of charges provided in writing by surtur designsto the Client and attached to these Conditions.
Surtur designs : means surtur designs c/o 15 Fernleigh Road, Old Swan, Liverpool, L13 5SN England UK

2.            Basis of contract

2.1          Acceptance and signature of the Service Estimate constitutes an offer by the Client to purchase Services in accordance with these Conditions.

2.2          An offer made by the Client under clause 2.1 shall only be deemed to be accepted when the Service Estimate is signed by surtur designs and the Client at which point and on which date the Contract shall come into existence.

2.3          The Contract constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of surtur designs which is not set out in the Contract or the Service Estimate.

2.4          Any drawings, research, written ideas, descriptive matter or advertising issued by surtur designs  prior to the date of this Contract are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force and any Intellectual Property Rights in them shall remain the property of surtur designs  except to the extent they are specifically licensed or assigned to the Client under this Contract as part of the Services or the Deliverables.

2.5          These Conditions and the terms of the Service Estimate apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

3.            Supply of Services

3.1          Surtur designs shall use reasonable endeavours to supply the Services to the Client in accordance with the Service Estimate and these Conditions in all material respects.

3.2          Surtur designs  shall use all reasonable endeavours to meet any performance dates specified in the Service Estimate, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services surtur designs shall, where reasonably practicable, give to the Client not less than three days' notice of any expected delay.

3.3          Surtur designs  warrants to the Client that the Services will be provided using reasonable care and skill.

3.4          Sutur designs  assumes no responsibility for testing prototypes against any safety standard (including without limitation any safety standard promulgated by the British Standards Institute or the European Union) and the Client is responsible for ensuring that the selected design and prototype/s is/are fit for purpose and comply with all relevant legislation before producing or manufacturing the design in quantity for procurement.

4.            Client's obligations

4.1          The Client shall:

4.1.1        ensure that any information it provides to surtur designs for the purpose of producing the Service Estimate or otherwise is complete and accurate;

4.1.2        co-operate with surtur designs in all matters relating to the Services;

 

 

 

Signed by



Date:
Signed by the client



Date:



 

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