TERMS & CONDITIONS

STANDARD TERMS AND CONDITIONS OF BUSINESS

All work undertaken by Toby P Darvill will be subject to the following terms and conditions.

The agreement between Toby P Darvill and the Client shall be construed in accordance with English Law and shall be deemed to have been made in England and both parties agree to submit to the exclusive jurisdiction of the English Courts.

Confirmation. The estimate is deemed to have been accepted on receipt of the clients written (or emailed) instruction or receipt of authorised Purchase Order from the Client.

Payment Terms. The due date for payment shall be on receipt of invoice (unless otherwise specified), cleared funds are to be in the nominated bank account of Toby P Darvill or or before this date.

Payment shall be made in GBP by cheque or BACS payable to “Toby P Darvill”. Outstanding invoices, exceeding the agreed terms will attract interest calculated on a daily basis, charged at 4% over and above the Bank of England base rate.

Administration time spent chasing outstanding invoices will also be charged at an hourly rate, including any debt recovery costs. We reserve the right to suspend services on projects where accounts are outstanding after this period. Toby P Darvill may submit invoices monthly being a proportion of the Fee which shall be based on Services completed up to the time of submission of the invoice. Or as per an agreed payment schedule with the Client.

If the Client requests variation to the Services, Toby P Darvill will submit a Revised Quotation incorporating such variations and clearly indicating the effect on the Fee.
Toby P Darvill shall not be obliged to carry out any requested variations to the Services until such time as the Revised Quotation is accepted by the Client. Upon acceptance by the Client the Revised Quotation shall replace (or, where it is stated, have effect in addition to) any previous Quotation or Revised Quotation.

Termination of Postponement. An Agreement between Toby P Darvill and a Client may be postponed or terminated by either party on 14 days written notice or as agreed (in writing) only in the event of specific circumstance. In the event of such circumstances, Toby P Darvill shall be entitled to remuneration in accordance to the agreement, for the services provided with due authority to the date of termination. In the event of cancellation with less than 14 days notice Toby P Darvill shall be entitled to the full agreed remuneration for the project.

Copyright. The Copyright of all visual designs, concepts, drawings, specifications and documents prepared by Toby P Darvill, and in the work executed from them, shall remain the property of Toby P Darvill unless otherwise agreed by both parties, and confirmation in writing has been given by Toby P Darvill. If the copyright/Intellectual rights are to be passed to the client, these rights shall be deemed to remain the property of Toby P Darvill until the final payment for the contract or work has been received as cleared funds into the bank account of Toby P Darvill.

Limit of Liability. Toby P Darvill holds £5million Public Liability Insurance. The liability shall be limited to ten times the Fee, save in respect of personal injury and death. Toby P Darvill shall not be liable for any consequential loss, howsoever caused.

Credits. All credits for work undertaken must be approved by publishing in any medium, including and not limited to: websites, programmes, brochures, press releases and publicity material. Toby P Darvill will supply relevant biographies and photographs as required for use by the Client.