Terms of business

Definitions

In these Terms of Business, the following definitions apply:

Company: Tom Buttle Ltd trading as Tom & Friends;

Contract: any specific terms for the sale of the Goods set out by the Company in the Estimate together with these Terms of Business;

Client: the person or firm who purchases the Goods from the Company;

Goods: the goods and the services (or any part of them) set out in the Contract.

Acceptance

It is not necessary for any Client to have signed an acceptance of these Terms of Business for them to apply. If a Client accepts an Estimate then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions to the full.

Payment and Pricing

• Tom Buttle Ltd will submit invoices for fees as estimated.

• Payment to be made no later than 30 days from date of invoice. Payment by BACS transfer is preferred.

• Without limiting any other right or remedy of the Company, if the Client fails to make any payment due to the Company under the Contract by the due date for payment (Due Date), the Company shall have the right under the Late Payment of Commercial Debts (Interest) Act 1988 to charge interest at the prescribed rate on the overdue amount from the Due Date until the date of actual payment of the overdue amount, whether before or after judgement, and compounding quarterly. The Company will not do any further work until the deposit is replaced.

• Tom Buttle Ltd is VAT registered with VAT number 317947375.

• In the event that any preliminary work is carried out prior to receipt of the payment and the order is then cancelled, Tom Buttle Ltd will invoice the Client for this work.

• Where the Proposal includes design work, the purchase price includes an allowance for two sets of changes to each deliverable, unless specified otherwise. Additional changes shall be charged at the prevailing hourly rate. Any such variation shall be advised by Tom Buttle Ltd in writing and confirmed by the Client in writing before either the work proceeds further or any charges are incurred.

Website Development

Tom Buttle Ltd makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Safari, Google Chrome, etc.). The Client agrees that Tom Buttle Ltd cannot guarantee correct functionality with all browser software across different operating systems.

Tom Buttle Ltd cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Tom Buttle Ltd reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

A link to Tom Buttle Ltd will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design.

If the Client’s website is to be installed on a third-party server, Tom Buttle Ltd must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Tom Buttle Ltd cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

Tom Buttle Ltd may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Tom Buttle Ltd. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

Insolvency

If the Client ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, Tom Buttle Ltd without prejudice to other remedies shall have the right not to proceed further with the contract or any other work for the Client and be entitled to charge for work already carried out (whether completed or not) and for any materials purchased for the Client.

Compliance and Intellectual Property Rights

It is the responsibility of the Client to ensure that the deliverables comply with all laws, regulations and codes in all countries where the deliverables are used. The Client agrees to indemnify Tom Buttle Ltd against any costs arising from the use or misuse of the deliverables. Tom Buttle Ltd retains the rights to all artwork created unless expressly outlined otherwise in writing. Artwork rights can be purchased at an additional cost.Tom Buttle Ltd will be deemed to have fulfilled our contract by delivery of a quantity within 5% plus or minus of the quantity of printed goods ordered and you will be charged at the contract rate for the quantity delivered.

Governing Law

This Agreement shall be governed by English Law.

Liability

Tom Buttle Ltd hereby excludes itself, its Employees and or Agents from all and any liability from:

• Loss or damage caused by any inaccuracy;
• Loss or damage caused by omission;
• Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of a website;
• Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Tom Buttle Ltd to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.