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TERM AND CONDITIONS OF GOODS AND SERVICES
Definitions:
You, the customer: a person or company purchasing Good and Services
Consumer: a private person purchasing Goods and Services
Whirlwind Media Ltd: (us, our, the company) the supplier of Goods and Services identified on your invoice and where relevant, service provider
Confirmation of Order: Acknowledgement of Goods and Services ordered by you
Price: Of Goods and Services ordered by you as stated on your quotation
Service Provider: Whirlwind Media Ltd or any authorized person providing Goods and services on behalf of Whirlwind Media Ltd
The Goods and Services of Whirlwind Media Ltd are supplied on the following terms:
- 1. The Customer/Consumer shall indemnify Whirlwind Media Ltd from and against all losses, costs, claims, expenses, damages, demands and/or any liabilities which the company may suffer by reason of the use by the Customer/Consumer or by any third party of the Customer/Consumer for the good and services supplied in respect of:
- Any defamatory matter; and/or
- Any infringement of intellectual property, copyright, performing right or other similar right.
- Breach of contract by the Customer/Consumer
- 2. Quotations for Goods and Services to be provided by Whirlwind Media Ltd, subject to paragraphs 3 & 4 below remain open for acceptance by the Customer/Consumer for the period of 90 days commencing from the date of the quotation.
- 3. Quotations maybe withdrawn, altered or amended in whole or in part by Whirlwind Media Ltd to the Customer/Consumer at any time before the receipt of an acceptance of the quotation by the Customer/Consumer.
- 4. All quotations will be inclusive of VAT where applicable, which the Customer/Consumer shall pay whichever the rate is applicable on the day of service.
- 5. The Customer/Consumer shall pay for any additional Goods and Services not quoted for, but agreed by mutual consent as additional goods and services.
- 6. The Customer/Consumer shall settle the invoice for Goods and Services within 30 days commencing on and from the date of the first Whirlwind Media Ltd invoice and within 30 days commencing on and from the date of all other invoices. Overdue invoices will be charged at an additional cost, based on the current reference rate on the late amount, (the current reference rate plus 5%) the Customer/Consumer will also become liable for any associated recovery costs after 90 days. These terms are within with current late payment legislation as laid out in the Late Payment of Commercial Debts Interest Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.
- 7. Loss, shortages, defects or non-delivery of Goods and Services must be notified to Whirlwind Media Ltd immediately and be confirmed in writing by the Customer/Consumer.
- 8. Notwithstanding paragraph 7 Whirlwind Media Ltd accepts no liability for any consequential expense, liability, loss, claim or proceeding, whatsoever caused by, or arising out of, the late delivery, non delivery, or unsuitability of the Goods and Services.
- 9. The Customer/Consumer shall be responsible for insuring all goods and services provided by Whirlwind Media Ltd.
- 10. The Customer/Consumer shall pay Whirlwind Media Ltd all costs incurred in restoring any Goods and Services returned damaged and charges will continue until such restoration is complete.
- 11. The Customer/Consumer shall be liable for cancellation fees as follows:
Within 48 hours of Commencement – 50% of full charge
Within 24 hours of Commencement – 100% of full charge
Same day – 100% of full charge (including transportation)
- 12. Should any term in this contract be held to be invalid such invalidation will not affect the validation of the remaining terms.
- 13. All Goods and Services provided by Whirlwind Media Ltd remain the intellectual property of Whirlwind Media Ltd unless specifically stated.
- 14. The Terms and Conditions of Goods and Services will be automatically accepted by the Customer/Consumer within 5 days of the confirmation of a order to proceed for the supply of Goods and Services by Whirlwind Media Ltd unless specifically stated otherwise by the Customer/Consumer
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