1. Meanings of terms. "Provider" means 81A c/o David Lloyd-Jones,
sole proprietor, with office at 16 Maple Avenue, Birch Hill Park Onchan, Isle
of Man, IM3 3HN. "Services" means the writing, web & photograhy
services and any other services that Provider may provide to the Customer.
"Customer" means the person for whom Provider has agreed to provide
the Services in accordance with these Terms.
2. Completion of Services. Provider shall make every effort to complete Service(s) by the date agreed but shall not be responsible for delays in completion caused by events beyond Provider's control.
3. Fee for Services.
Payment is due as follows:
The due dates for payment of fees and costs under these terms shall be the
date of Provider's billing for the fees or costs. Any payments for fees or
costs not received by Provider within 30 days of the due date will be deemed
late and shall be subject to a 10 % per month late charge. Customer agrees
to be responsible for Provider's costs in collecting late payments due from
Customer, including reasonable attorneys' fees.
4. Cancellation or withdrawal by Customer. If Customer cancels or withdraws any portion of the item(s) described in paragraph 1 above prior to Provider's completion of the Service(s), then, in consideration of Provider's scheduling and/or performing said Service(s) Customer shall pay Provider the portion of the above fee represented by the percentage of total Service(s) performed.
5. Additional fees. Additional fees will be payable, to be calculated as provided below, in the event the following additional Services are required: (a) investigation, inquiry, or research beyond that normal to a routine because of ambiguities in the item(s) to be translated; (b) additional Services are required because Customer makes changes in the item(s) to the agreed work after the signing of this Agreement; and (c) Provider is requested to make changes in the agreed work after delivery, because of Customer's preferences as to style or vocabulary, and such changes are not required for accuracy. Such additional fees will be charged at £ 25.00 per hour.
6. Additional costs. Customer shall reimburse Provider for necessary out-of-pocket expenses incurred by Provider that are not a normal part of routine procedure, such as overnight document delivery Service requested by Customer, long distance telephone and telefax expenses to clarify document ambiguity, etc.
7. Customer's review of agreed work. Upon receipt of the agreed work from Provider, Customer shall promptly review it, and within 30 days after receipt shall notify Provider of any requested corrections or changes. Provider shall correct, at no cost to Customer, any errors made by Provider.
8. Confidentiality. All knowledge and information expressly identified by Customer in writing as confidential which Provider acquires during the term of this Agreement regarding the business and products of Customer shall be maintained in confidentiality by Provider and, except as expressly authorized by Customer in writing, shall not be divulged or published by Provider and shall not be authorized by Provider to be divulged or published by others
9. All agreed work is property of Customer, copyright. Upon Customer's completion of all payments provided herein, the translation of the item(s) described in paragraph 1 above shall be the property of Customer. Provider has no obligation to take any steps to protect any copyright, trademark or other right of Customer with respect to the agreed work, except as may be expressly otherwise provided in this Agreement. Notwithstanding the foregoing, Provider shall have the right to retain file copies of the completed agreed work, subject to the provisions of paragraph 7 above.
10. Indemnification and hold-harmless by Customer. Customer agrees to indemnify and hold Provider harmless from any and all losses, claims, damages, expenses or liabilities (including reasonable attorneys' fees) which Provider may incur in consequence of any claim that may be made against Provider in consequence of the content of any document, Internet web page or photograph, prepared or approved by the Company under this Agreement.
11. Changes by others. Provider shall have no responsibility whatever as to any changes in the agreed work made by persons other than Provider.
12. Jurisdiction. This Agreement shall be governed by the laws of Isle of Man
13. Complete agreement. This is the complete agreement of the parties as to the subject matter hereof. Any changes in this Agreement must be in writing signed by both parties. This Agreement becomes a binding contract only upon signature by both parties and the delivery of fully signed copies to each party.
