These terms and conditions of business represent the agreement between the parties for non-exclusive engagement of the services offered by Ryan Carter (CRTR LTD). No variation of these terms shall apply without the mutual consent and agreement of both parties, and confirmed in writing.
‘The Company’ shall mean Ryan Carter (CRTR LTD).
‘The Client’ shall mean the individual person or corporate entity that engages The Company to provide services on his/her behalf, or on behalf of the corporate entity, or an identified third party; subject to these terms and conditions of business.
‘Brief’ means the written brief describing the design and development needs from the client, their intended use and any pre-set timings for supply.
‘The Contract’ shall mean the contract between The Company and The Client and shall be deemed to incorporate these terms. The Project Specification, Proposal, Quotation, as presented by The Company and agreed by The Client, shall form the contract.
‘The Project Specification, Proposal, or Quotation’ shall mean the offer of work to be carried out in accordance with The Client’s Brief. The technical and functional specification for the site produced by The Company and the timetable for the development and delivery of the site. Any changes to the Project Specification, Proposal or Quotation will be made by written amendment to it, and agreed by both parties prior to implementation of the changes.
‘Services’ shall mean the services agreed to in The Contract to be supplied by The Company, to The Client. The design and development services to be provided and any other service requested by The Client as detailed in the proposal and specification.
‘Fees’ shall mean the professional charges of The Company as detailed below, or otherwise directly amended, at any time for any Service provided therein.
The Company will use its reasonable care and skill in the production and supply to the Client of the Services as per the Brief and any other requirements identified in the Brief.
Fees: The Fees will be as set out in the Contract for large jobs or by estimate for intermediate jobs, for smaller ad-hoc support an hourly rate will apply. An initial invoice will be raised with a value of 50% of the Quotation and should be paid as a non refundable deposit, before work begins. A final invoice will be raised upon completion of The Contract for the remaining amount and must be paid no later then 30 days from the date of the invoice or 30 days after the final invoice showing the deposit payment is sent out.
No payment shall be deemed to have been received until The Company has received cleared all funds.
All payments payable to The Company under the Contract shall become due immediately upon termination of this Contract despite any other provision.
The Client shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Client has a valid court order requiring an amount equal to such deduction to be paid by The Company to the Client.
If the Client fails to pay The Company any sum due pursuant to the Contract the Client will be liable to pay interest to The Company on such sum from the due date for payment at the annual rate of 4% above the base lending rate of HSBC, accruing on a daily basis until payment is made, whether before or after any judgment. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
Initial meetings are free and and further meetings (Once a contract has been signed) are charged at an hourly rate of £30 per hour. Any meetings requested will have an agenda making sure the time is used effectively.
Where expenses are likely to be significant, The Company reserves the right to require the Client to pay the full amount of the expected expense in advance.
General out of pocket expenses incurred in supplying the Services, such as courier charges, traveling and hotel expenses, will be charged by The Company at cost and the Client shall pay the relevant invoices within 30 days of the date of the invoice.
Where extra expenses are incurred, either as a result of alterations to the original Brief or otherwise at the Client’s request, the Client shall pay such expenses by way of settlement of the relevant invoices within 30 days of the date of the relevant invoice.
The Client warrants that the Brief is accurate in all respects. As the Charges and any pre-set dates for supply of the Services will be agreed on the basis of the Brief, any changes to it after acceptance of the Brief by The Company will only be by written consent of both parties. Prior to accepting any such change The Company reserves the right to review the quotation and provide the Client with a revised quote due to the change.
Project deadlines will be discussed once the project and estimate have been agreed.
Discussed deliverables will be outlined on a Project basis and approved by both parties, Copy supplied will not be proofed, nor edited in anyway – It is used on an ‘as supplied’ basis, any changes incurred due to typos will be charged as extra work.
The Company will use its reasonable endeavours to effect any changes so notified but The Company reserves the right to charge extra if any of these alterations go beyond the original Brief.
Accordingly the Client agrees to indemnify and hold harmless The Company and The Companies contractors from any liability, cost, loss, damages award, sum payable by way of settlement or other expense of any kind (including reasonable legal fees) arising from any claim, demand or action alleging that the Services or use of them are contrary to any law, code or regulation in any country.
Unless otherwise stated The Company shall have a continuing right to use the Services for the purposes of advertising or otherwise promoting The Companies work.
Unless otherwise stated the Client agrees that The Company may mark all design / development work supplied as part of the Services with the phrase ‘Freelance Design by Ryan Carter’ or appropriate variants as agreed) in a suitable place.
Neither party shall divulge any confidential information which is supplied to it about the other party in the course of this Contract or any pre-Contract discussions, other than information forming part of the public domain otherwise than through a breach of this clause or any other obligation of confidence.
If after project commencement client communication (face-to-face, telephone, or email) stops for a period of 90 days, the project can be cancelled, in writing by the designer, and ownership of all copyrights shall be retained by the designer. A cancellation fee for work completed shall be paid by the client, with the fee based on the stage of project completion. The fee will not exceed 100 percent of the total project cost.
The laws of England and Wales govern these terms and conditions. Any action related to this Contract will be governed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the Courts of England & Wales.