Terms & Conditions
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Estimates are based on Wabbey Designs current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs and are valid for 30 days from date of estimate.
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Wabbey Design is not VAT registered.
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All work carried out, whether experimentally or otherwise, at client's request shall be charged at the quoted hourly rate. Minimum charges of one hour apply. Double time is charged if work is required out of office hours.
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A charge may be made to cover any additional work involved where copy supplied is not clear and legible or supplied as paper original requiring keyboard input. A) Initial consultation is free unless costs are incurred. If costs are incurred they will be recharged back to the client. B) Subsequent meetings will be billed as per the usual hourly rate along with any relevant travel costs. Mileage is charged at 60p per mile.
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Proofs of all work may be submitted for client's approval and Wabbey Design shall incur no liability for any errors not corrected by the client on the proofs. Any changes necessitated thereby shall be charged extra. When style, type or layout is left to the Wabbey Designs judgment, changes therefore made by the client shall be charged extra. It is the client's prerogative to ensure all work carried out is approved for correct content including grammar, spelling and technical content.
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A) A charge may be made to cover any extra costs involved for delivery. B) Delivery will be agreed and extra may be charged to cover any overtime or any other additional costs involved. C) Should work be suspended at the request of or delayed through any default of the client for a period of 30 days Wabbey Design shall be then entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
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If payment is not made within the specified terms of the invoice Wabbey Design will exercise their right to claim a daily (or part there of) charge to cover the overdraft usage fee and all other costs incurred at present set at £5 per day (as of October 2011), minimum £25 charge, until either payment is completed and/or invoiced for the said charge. Wabbey Design may also claim any costs incurred in recovering monies owing.
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Wabbey Design shall not be liable for any loss to the client arising from delay in transit not caused by Wabbey Design. Internet designs are completed and published at the risk of the client and the proprietor cannot be held responsible for third party costs incurred by the content of such designs. It is the clients responsibility to ensure the content is in keeping with English laws including copyright, criminal law, patents, trademarks and any other authority legislation affected by the content of the website. The proprietor reserves the right to terminate at any time a contract to design, print, publish any material felt to be in contradiction of any of these laws.
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Client's property A) except in the case of a client who is not contracting in the course of a business nor holding himself out as doing so, client's property and all property supplied to Wabbey Design by or on behalf of the client shall while it is in possession of Wabbey Design or in transit to or from the client be deemed to be at client's risk unless otherwise agreed and the client should insure accordingly. B) Wabbey Design shall be entitled to make a reasonable charge for the storage of any client's property left with Wabbey Design before receipt of the order or after notification to the client of completion of the work. A charge may be payable for data transfer to the client or an appointed agent outside of the original cost of design, ie: for - archive retrieval, CD burn, and transfer of scripted elements to another company’s server.
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Insolvency. If the client ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, Wabbey Design without prejudice to other remedies shall: A) have the right not to proceed further with the contract or any other work for the client and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the client, such charge to be an immediate debt due to him, and; B) in respect of all unpaid debts due from the client have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days notice to dispose of such goods or property in such manner and at such price as he thinks fit and to apply the proceeds towards such debts.
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Illegal matter: A) Wabbey Design shall not be required to publish any matter which is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party. B) Wabbey Design shall be indemnified by the client in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, and design or of any other proprietary or personal rights contained in any material published for the client. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim. It is the responsibility of the client supplying images, text and any other elements forming the final design to ensure they are copyright approved and/or permissions have been granted for their usage if not owned/copy written by the client.
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Force majeure. Wabbey Design shall be under no liability if they shall be unable to carry out any provision of the contract for any reason beyond their control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may by written notice to Wabbey Design elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
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Law. These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
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Copyright©: all imagery and/or scripting used on Wabbey Designs website or servers contracted by Wabbey Design remains the intellectual property of Wabbey Design, therefore it is prohibited and unlawful to; copy, adapt, distribute, communicate to the public by electronic transmission (including by broadcasting and in an on demand service), rent or lend copies to the public or any other 3rd party within England and the UK without prior written permission of the designer. If material is discovered in use without permission the designer will inform the police or the relevant local trading standards department.
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Wabbey Design has the right to display any works carried out within our Portfolio, whether it be on social media, www.wabbey.com or to existing/prospective clients. If any work developed is private & confidential, please ensure you tell Wabbey Design so that we do not breach any confidentiality.
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Payment Terms: 7 days from date of invoice. We understand and will exercise our statutory right under the Late Payment of Commercial Debts (interest) Act 1998 if we are not paid according to agreed credit terms. Interest shall be charged at Bank of Engand Base Rate +8%.