Terms of business between BJ Creative and Clients
1. DEFINITIONS
1.1. In these Terms of Business the following definitions apply:
means the person known as Benjamin Alan Jennings, of 32 Arran Road, Stamford, Lincolnshire who is registered as a sole trader under the business name BJ Creative;
means the person; firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which BJ Creative is introduced;
means the engagement, employment or use of BJ Creative by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; directly or through a limited company of which BJ Creative is an officer or employee
includes base salary or fees, receivable by BJ Creative for services rendered to or on behalf of the Client.
1.2. Unless the context requires otherwise, references to the singular include the plural.
1.3. The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1. These Terms constitute the contract between BJ Creative and the Client and are deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of BJ Creative.
2.2. These terms contain the entire agreement between the parties and unless otherwise agreed in writing by BJ Creative, these Terms of Business prevail over any other terms of business or purchase conditions put forward by the Client.
2.3. No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between BJ Creative and the Client and are
set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
3. NOTIFICATION AND FEES
3.1. The Client agrees:
- a) To notify BJ Creative immediately when it wishes to cease to continue services;
- b) To pay BJ Creative’s fee(s) within 30 days of the date of invoice, or other such terms specified in the Clients invoice.
3.2. BJ Creative reserves the right to charge interest on invoiced amounts unpaid for more than 60 days at the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.
3.3 In exceptional circumstances, the removal of services provided by BJ Creative will be pro-actively taken following the Client's notification. This includes but is not limited to the cease of HTML email deliverability, the removal of hosting services on BJ Creative's personal server, the formal request to remove artwork by BJ Creative from the public domain or the removal of a website pending overdue fees.
4. REFUNDS
4.1. There will be no refunds offered to the Client for work carried out by BJ Creative, unless the work carried out can be proven to have damaged the reputation of the Client. The reputation damage is not to be judged when outstanding invoices are due, see 3.1 above.
4.2 Reputation damage could include but is not exhaustive to : incorrect contact details, mis-colouring of company logo, adverse wording, derrogatory copy on materials produced etc..
5. CANCELLATION FEE
5.1. If, after an offer of Engagement has been made to BJ Creative, the Client decides for any reason to withdraw it, the Client shall be liable to pay BJ Creative a minimum fee of £40 or the equivalent of one hours work. BJ Creative alone has the right to waive this fee.
6. LIABILITY
6.1 BJ Creative shall not be liable for outstanding debt that arises from the Client not confirming the ceasing of their agreement with BJ Creative. Any outstanding fees due to BJ Creative owing from the lack of updated information from the Client must be paid in full by the Client in accordance (2.2 and 3.1) above. For the avoidance of doubt, BJ Creative does not exclude liability for death or personal injury arising from its own negligence.
7. LAW
7.1 These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.