Terms And Conditions

BACKGROUND

These Terms and Conditions explain the basis under which the Service Provider will provide the Services to the Client.

The Client should read these Terms and Conditions carefully to make sure that they understand what is agreed.

DEFINITIONS

In these Terms and Conditions, the following words and phrases have the following meanings:

‘Acceptance of Design’the point at which the design provided by the Service Provider to the Client is agreed as the full and precise expectation of the works to be completed
‘Acceptance of Implementation’the point at which the Implementation works carried out by the Service Provider are agreed to be complete as per the agreed design
‘Client’the person or company buying the Implementation and/or Design Services
‘Confirmation of Acceptance’the return of a Quotation Agreement signed by the Client, whereupon receipt by the Service Provider is deemed as acceptance and a binding agreement has been formed for the supply of the Implementation and/or Design Services detailed on the Quotation Agreement
‘Parties’the Client and the Service Provider
‘Party’either one of the Client or the Service Provider
‘Service Provider’Appetising Development Ltd. Company number 12744503, registered in England and Wales
‘Services’the Implementation and/or Design services that the Client is purchasing
‘Terms and Conditions’this document detailing the rights and responsibilities of the Parties


Terms And Conditions

1. Services

  • 1.1 The Service Provider is under a legal duty to supply the Services using reasonable care and skill.
  • 1.2 The Services will be performed so far as reasonably practicable, at such time or times as the Service Provider shall decide. Any times, dates or periods given by the Service Provider for provision of the Services are estimates only. The Service Provider will make reasonable efforts to comply with any such time estimates and will perform the Services within a reasonable time.

2. ORDERING

  • 2.1 Upon initial non-obligatory consultation between both Parties, the Service Provider will produce a Quotation Agreement for the Client’s consideration. The Quotation Agreement will outline the Services to be provided, any clarifications and limitations of the scope, and associated costings. The Confirmation of Acceptance is the Client signing and returning the Quotation Agreement to the Service Provider, whereupon a binding contract between the Parties is made at the time of receipt, in accordance with these Terms and Conditions and any additional Terms and Conditions outlined within the Quotation Agreement.
  • 2.2 The binding contract will only be for the Services that are included in the Confirmation of Acceptance.

3. PRICE AND PAYMENT

  • 3.1 The Client must make payments in accordance with the schedule provided in these Terms and Conditions.
  • 3.2 A payment of 25% of the total cost of Services becomes due at the point of Confirmation of Acceptance, prior to the Service Provider commencing Design and/or Implementation work.
  • 3.3 Where Design Services are provided, a further 25% of the total cost of Services becomes due at the point of Acceptance of Design, prior to the Service Provider commencing Implementation work.
  • 3.4 Upon completion of the Services by the Service provider, any outstanding sum or sums will be invoiced and become due within seven days of the date of the invoice.
  • 3.4 Upon completion of the Services by the Service provider, any outstanding sum or sums will be invoiced and become due within seven days of the date of the invoice.
  • 3.5 Where a quote for the total price has been provided by the Service Provider, the final price for the Services may be higher or lower than the quote. Circumstances where the price may be different from a quote include, but are not limited to:
  • 3.5.1 the Services taking longer to complete than could have reasonably been anticipated;
  • 3.5.2 the Client making any changes to the Services after the price is agreed;
  • 3.5.3 the Client requesting and accepting additional Services to be added to the Services within the current contract; or
  • 3.5.4 changes to the prices charged by any of the Service Provider’s suppliers.
  • 3.6 Without prejudice to any other legal right or remedy:
  • 3.6.1 if the amounts are not paid to the Service Provider when due, the Service Provider is entitled to suspend the performance of any remaining Services until the outstanding payments are made;
  • 3.6.2 if the final payment due upon completion of works is not received by the Service Provider by the due date on the final invoice, they can charge interest on the outstanding sum or sums. Interest will be charged at 4% per annum above the Bank of England base rate, accruing daily from the due date until payment is made; and
  • 3.6.3the Client will not refuse to pay any amount which is owed to the Service Provider where there is only a minor or inconsequential defect or error in the performance of the Services.

4. COMPLETION OF SERVICES

  • 4.1 Upon Confirmation of Acceptance and any payment(s) due made by the Client to the Service Provider, the Service Provider will commence detailed consultation with the Client to enable thorough provision of Design or Implementation Services within the scope of the works outlined within the Quotation Agreement.
  • 4.2 Upon completion of Design Services, the Service Provider will make all designs available to the Client to review. The Client will have seven days to inform the Service Provider, using the contact details provided below, of any changes they would like to be made to the design.
  • 4.3 Any design changes must be within the scope of the Services outlined within the Quotation Agreement.
  • 4.4 The Service Provider will carry out reasonable changes to the design as requested by the Client in writing, after which the amended design will be made available to the Client. The Client will have a further three days to accept or reject the design.
  • 4.5 If a design is rejected in writing by the Client, then the Client may either:
  • 3.5 Where a quote for the total price has been provided by the Service Provider, the final price for the Services may be higher or lower than the quote. Circumstances where the price may be different from a quote include, but are not limited to:
  • 4.5.1 terminate the contract subject to Clause 8 of these Terms and Conditions; or
  • 4.5.2 request an additional chargeable consultation to be agreed upon by both Parties. For the purposes of these Terms and Conditions, any Design Services resulting from an additional chargeable consultation will be treated as new Design Services and subject to a new seven-day review period.
  • 4.6 Acceptance of Design will take place when:
  • 4.6.1 the Client accepts the design, in writing using the contact details provided below, within the seven-day review period, or subsequent three-day review period if applicable; or
  • 4.6.2 the Client makes no written request for changes to be made within the seven-day review period, or subsequent three-day review period if applicable.
  • 4.7 Any requested changes to the design, made by the Client, after the point of Acceptance of Design, may be subject to an additional charge as agreed upon by both parties.
  • 4.8 Upon completion of Implementation Services, the Service Provider will make the work available to the Client to review. The Client will have seven days to inform the Service Provider, using the contact details provided below, of any reason why they do not accept completion of the Services.
  • 4.9 If the work does not meet the design as agreed at the point of Acceptance of Design, or any amendment to the design as agreed upon by both Parties whether chargeable or non-chargeable, then the Service Provider shall engage in further Implementation Services at no additional charge to the agreed price for the Services
  • 4.10 If the work does meet the design as agreed at the point of Acceptance of Design, or any amendment to the design as agreed upon by both Parties whether chargeable or non-chargeable, then the Service Provider will be under no obligation to engage in any further Implementation Services, at which point the Client may either:
  • 4.10.1 terminate the contract, subject to Clause 8 of these Terms and Conditions; or
  • 4.10.2 request additional chargeable Implementation Service to be agreed upon by both Parties. For the purpose of these Terms and Conditions, any additional chargeable Implementation Services will be treated as new Implementation Services and subject to a new seven-day review period.
  • 4.11 Acceptance of Implementation will take place when:
  • 4.11.1 the Client accepts the implementation work, in writing using the contact details provided below, within the seven-day review period; or
  • 4.11.2 the Client makes no written confirmation of non-acceptance within the seven-day review period.
  • 4.12 Upon Acceptance of Implementation, the Service Provider will complete any remaining Services, as agreed upon and outlined within the Quotation Agreement.
  • 4.13 Upon completion of all Services as agreed upon and outlined within the Quotation Agreement, the Service Provider will provide the Client with an invoice for any outstanding sum or sums for the Services. Any subsequent work carried out by the Service Provider, past the point of invoice, will be subject to a new quote and contract to be agreed upon by both Parties.
  • 4.14 The Service Provider reserves the right to extend review periods at their absolute discretion.

Useful Resource here to explain the need for terms and conditions