Business Terms and Conditions
TMS Media is hereinafter referred to as “the Company”
and the company/individual named overleaf is hereinafter referred to as “the Client”
All work carried out by the Company on the instruction of the Client, howsoever received, whether experimental or otherwise, shall be charged for at the Company’s rates prevailing at the time such work is carried out and the Client shall be liable to pay to the Company the costs of such work on demand, as the Client hereby accepts.
Estimates based on the Company’s prevailing costs, are unless otherwise agreed by the Company, subject to adjustment on or at any time after acceptance of these Terms and Conditions at the Company’s absolute discretion, as may be required to meet any increase or decrease in the rate of such costs.
Unless previously agreed by the Company in writing, all prices quoted by the Company do not include VAT, which is payable at the current rate in addition to such price.
Any material or design or idea whatsoever shall remain the exclusive property of the Company until completion of the Contract and full payment thereof. On no account whatsoever shall any property, design or idea be shown to, discussed with or released to any other person, firm or company whatsoever without the prior written consent of the Company. (In the event of a breach of this condition the Company shall immediately be entitled to full payment of the whole of the Contract price, in this case as a penalty).
Proofs for all work may be submitted for the approval of the Client by the Company and the Company shall incur no liability for any errors not corrected by the Client in proofs so submitted. Clients alterations (author’s corrections) and additional proofs necessitated thereby shall be charged for at extra cost. When style, type or layout is left to the Company’s judgement, changes may be made by the Client upon giving the Company reasonable notice and upon payment of the Company’s extra charges in respect thereof.
The Company’s terms are that net payment should be made within 30 (Thirty) days of the invoice date. At the Company’s sole discretion, an advance payment on account may be required depending on the circumstances and type of work and the Client’s requirements with regard thereto. Should the work or any part thereof be suspended at the request of, or delayed through any default of, the Client for a period of 14 days the Company shall then be entitled to payment for the work or part thereof already carried out, materials specifically ordered and other additional costs incurred. The Company reserves the right under the Late Payment of Commercial Debts (Interest) Act 1998 to charge interest on any overdue accounts at the Bank of England base rate plus 8%.
The Company shall not be liable for any loss to the Client whatsoever arising from any delay nit caused by the Company.
Force Majeure: The Company shall not be under no liability if it shall be unable to carry out any provisions of the Contract for any reason beyond its control, including (without limiting the foregoing) act of god, legislation, war, fire, flood, drought, failure of power, lock-out, strike or other action taken by Employees in contemplation or furtherance of a dispute or owing to any inability to procure materials etc required for the performance of the Contract.
The Company shall not be under no liability if it shall be unable to carry out any provisions of the Contract for any reason beyond its control, including (without limiting the foregoing) act of god, legislation, war, fire, flood, drought, failure of power, lock-out, strike or other action taken by Employees in contemplation or furtherance of a dispute or owing to any inability to procure materials etc required for the performance of the Contract.
These terms and conditions and all other expressed terms of the Contract shall be governed and construed in accordance with the Laws of England.
These Terms and Conditions supersede all others.