Standard Terms and Conditions

• 1. Contract: The client's approval for work to commence shall be deemed a contractual agreement between the client and Smoosch. Important: Approval for the work to commence and payment of the advance fee indicates that the client accepts these terms and conditions.

• 2. Intellectual Copyright: Smoosch will hold intellectual copyright of any material, including any source code, created for the client until payment of the final invoice. At this time it will become the property of the client.

• 3. Registration Charges: All third party costs arising from the project shall be met by the Client.

• 4. Cancellation: Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.

• 5. IMPORTANT! Failure to Provide Required Content: We are a small business. To remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject other work and enquiries to ensure that your work is completed at the time arranged.
  
  This is why we ask that you provide all the required information in advance. On any occasion where we cannot progress your project because you have not provided the required information when you have agreed to do so, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If you agree to provide us with the required information and subsequently fail to do within four weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start if you are not ready to do so.

• 6. Travel Time and Expenses: Travelling time to and from customer premises is not generally included in our estimate. Smoosch reserve the right to make a charge for travelling time at our normal consultancy rates. Likewise Smoosch reserve the right to charge for travelling expenses based on 45p per mile. (NOTE: There will be no charges for travelling time or expenses incurred before you give your approval for work to commence.)

• 7. Quotations: The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required after work on the project commences, then we will accept these changes with the provision that additional charges may have to be negotiated.

• 8. Advance Payment: An advance of 30% is required before work can commence. After work commences this is non-refundable.

• 9. Payment terms: Payment is currently accepted by cheque or bankers draft in UK Pounds Sterling, unless otherwise agreed. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.

• 10. Credit Card Payments: Credit card payments can also be accepted via our Paypal electronic invoice system. These are subject to a 4% surcharge. (Full payment is required in advance if paying by credit card).

• 11. Payment: Payment of any balance will be due immediately upon presentation of invoice. Full publication of the project may take place only after full payment has been received. Any material previously published may be removed if payment is not received. When this occurs a minimum charge of £50 will be required to have the project restored.

• 12. Late Payment: Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.

• 13. Future Support: The project is provided to and accepted by the client as a fully functioning, completed work. Smoosch is not responsible for future support. This can normally be provided upon request and for an agreed fee. No guarantee of future support is given unless an ongoing support package is negotiated.

• 14.1 You acknowledge that Smoosch has no control over the information transmitted via the Service and that Smoosch does not examine the use to which you put the Service or the nature of the information you are sending or receiving. Smoosch hereby excludes all liability of any kind for the transmission or reception of information of whatever nature.

• 14.2 Smoosch undertakes no liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus.

• 14.3 Smoosch is not in any way liable in contract or otherwise for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.

• 14.4 Smoosch makes no warranty as regards to its Services or equipment and will not be responsible for any damage allegedly suffered or claimed by you for any reason including but not limited to loss of data, wrong or non deliveries and Service interruptions.

• 14.5 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to subclause 14.6.

• 14.6 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

• 14.7 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.

• 14.8 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.

• 15. Disclaimer of liability for content: Smoosch undertakes no liability whatsoever for the content of client's projects. Smoosch hereby excludes all liability of any kind for the publication of information of whatever nature on client's projects.

Notes

Should Smoosch waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Smoosch to waive the same clause on any other occasion. By agreeing to these terms and conditions your statutory rights are not affected. Smoosch reserves the right to change or modify any of these terms or conditions at any time.