Tuesday 15 October 2013

Term and Conditions





                                                                                                                                                                                                                                                                     JM Design                                                                                          33 Willingdon Road, Childwall                                                                                                             Liverpool, L16 3NE                                                                                      JosephMarsh1995@gmail.com
                                                                                                  www.JMDesign.co.uk


 




THIS AGREEMENT is made on     ………./………./………. (insert date) between:
Joseph Marsh –free lance designer at 33 Willingdon Road, Childwall, Liverpool, L16 3NE, England (Joseph Marsh) and:
………………………………………………………………………………………………………………………………………………        
STANDARD TERMS AND CONDITIONS FOR COMISSIONED WORK
1.       1. INTERPRETATION

Deliverables: are drawings, designs, ideas, prototypes, information on processes, descriptive pieces of text, and design discussions that will ge given to the receipt by Joseph Marsh.
Joseph Marsh: means Joseph Marsh, freelance designer 33 willingdon road, Childwall, Liverpool, L16 3NE England 

2.       2. BASIS OF CONTRACT

An offer made by the client shall only be deemed to be accepted when the service estimate is signed by Joseph Marsh and the client at which point and date the contract will start.
Any drawings, products, written ideas or descriptive pieces issued by Joseph Marsh prior to the contract start date are not included in this contract. All intellectual property rights shall remain the property of Joseph Marsh unless the terms of specific rights are discussed and signed beforehand as a part of the service or the deliverables.
These conditions and the terms of the service estimate apply to the contract and all other requests of terms from the client do not apply unless consulted an agreed with both parties.

3.       3. SUPPLY OF SERVICE

Joseph Marsh shall use reasonable endeavours to supply the service to the client in accordance with the service estimate and these conditions in all respects.
Joseph Marsh shall meet any performance dates specified in the service estimate, but any such dates shall be estimates only and time shall be managed importantly for the performance of the services. Joseph Marsh will give nothing more than three days’ notice if such deadlines may not be met. 
Joseph Marsh will not be responsible for testing prototypes against safety standards and the client is responsible for ensuring that the selected design and prototypes are fit for purpose and comply with all relevant legislation before manufacturing the design.

4.       4. CLIENT OBLIGATIONS

The client will have to:
make sure any information provided to Joseph Marsh in terms of service estimates are complete and accurate.
co-operate Joseph Marsh in all matters relating to the services and provide information and materials to Joseph Marsh as he may require a reasonable supply to ensure that Joseph Marsh’s endeavours in terms of the service as met.
in writing inform Joseph Marsh in clear accurate terms if any payments or conditions to the service estimate and contract cannot be performed.

5.      5.  CHANGE CONTROL

If the client wishes to make changes to the service estimate these proposed changes must be sent to Joseph Marsh in writing.
Joseph Marsh will not be obliged to accept any change request, in the case that Joseph Marsh does accept these proposed changes Joseph Marsh will issue a revised service estimate.

6.        INTELLECTUAL PROPERTY RIGHTS

Unless otherwise discuss with both parties all Intellectual Property Rights in connection to the services shall remain property of Joseph Marsh.
If the client goes onto to market a part of the services provided by Joseph Marsh they will first revise the service estimate and in clear accurate terms both parties will have to agree or disagree on a settlement in writing.


7.      6.  THIRD PARTY SERVICES

In providing the services Joseph Marsh may arrange for elements of the service to be provided by third parties.
It is of the clients interest at that they form a separate agreement with the third party if it is outlined in the service estimate and any claims that are at the fault of the third party are to be dealt with them separately as Joseph Marsh holds no liability for these things.

8.      7.  CONFIDENTIALITY

The client shall keep all deliverables and all other designs and information which are provided to the client by Joseph Marsh to themselves and provide no information on inventions, processes or initiatives to other parties. In accordance with this contract the client is required to sign a non-disclosure agreement or a confidentiality agreement with Joseph Marsh whether before or after the contract is in existence.

The client shall restrict disclosure of such confidential information to its employees, agents or subcontractors and if these confidentialities are disclosed this information will have to be justified on a need to basis. Only if there is problems lying in the process of such contacts should the information to be disclosed.

9.       8. LIABILITY

Joseph Marsh excludes all liability for any loss, damages, claims, or liabilities which may arise as a result of the selection by the client in terms of materials or processes or safety requirements in any design.
Nothing in the contract excludes Joseph Marsh for me liable for death or personal injury cause by his carelessness or the negligence of his employees or subcontractors.

10.    9. TERMINATION

Without limiting any terms of the contract each party may terminate the contract immediately by giving written notice to the other party if:

the other party is  declared bankrupt.
the other party decides to suspend of cease their business.
the other party commits a breach of the contract and fails to come to terms with the breach within 30 days starting after one of the recipients has been notified another in writing.

11.    10. CONSEQUENCES OF TERMINATION

When the contract is terminated for any reason the client must pay Joseph Marsh from where the latest stage of payment falls. The client must return any Intellectual property rights that are not fully paid for to Joseph Marsh and any rights to claim against damages in respect to the contract will be terminated as of when the contract has been terminated or expired.

12.    11. GENERAL

Force majeure events means they are beyond the control of Joseph Marsh including acts of god, war, riots, malicious damage, regulations, accident, breakdown of machinery, fire, flood  or default of Joseph Marsh or subcontractors.
Joseph Marsh will not be held liable for any delays or failures to perform his obligations under this contract caused by a force majeure event.
If force majeure events stop Joseph Marsh from providing his service for more than two weeks, Joseph Marsh has the right without infringe any other terms of the contract terminate the contract itself.
All terms of this contract are in accordance with English law.

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