Balance Creative Terms & Conditions

1. Definitions


'Client'

the recipient of the services under and named in the Contract

'Charge(s)'

Balance Creative Limited standard charges set out

'Contract'

the contract between Balance Creative Limited and the client incorporating these terms and conditions

'Document(s)'

any documents, papers, plans, drawings, photographs, tables, charts, tapes, cassettes, disks, formulae or other devices capable of storing data

'Material(s)'

any Documents supplied by one party to another relating to the Service

'Service(s)'

the service(s) to be provided to the Client by Balance Creative Limited referred to in the Contract

'Supplier'

Balance Creative Limited

'Terms'

these general terms and conditions

Note: in these definitions and throughout the Terms the singular includes the plural and vice versa.

2. Supply
2.1. The Service is provided in accordance with the details set out in the Contract and subject to these Terms.
2.2. The Client shall promptly provide Balance Creative Limited with Materials necessary for Balance Creative Limited to properly perform the Service.
2.3. The Client shall retain duplicate copies of all Materials and insure against their accidental loss or damage. All Materials shall be at the sole risk of the Client from the time of delivery to the Client.
2.4. Balance Creative Limited may alter the Contract and these Terms at any time if necessary to comply with any relevant safety or other statutory requirements, or which do not materially affect the nature or quality of the Service.

3. Payment
3.1. Subject to any special terms agreed in the Contract, the Client shall pay the Charges.
3.2. The Charges may be varied by Balance Creative Limited from time to time on reasonable notice to the Client.
3.3. Balance Creative Limited will invoice the Client monthly following the end of each calendar month in which the Service is provided or on completion of the Agreed Service
3.4. Balance Creative Limited shall be paid by the Client without any set off deduction or counter-claim within 28 days of the date on Balance Creative Limited’s invoice.
3.5. Balance Creative Limited may charge interest on any outstanding amount at the rate of 8 % above the Bank of Englands base rate from the due date until the outstanding amount is paid in full.
3.6 Cheques returned unpaid due to insufficient funds will be assessed a service charge of £30. If an account remains unpaid after forty business days of the date of invoice Balance Creative Limited will commence legal proceedings to recover the debt. The Client will be held liable for all costs incurred by Balance Creative Limited in recovering the debt.

4. Ownership
Balance Creative Limited makes no representations that design of any media for the client infringes upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. The Client shall not hold Balance Creative Limited liable for any damages, injuries or losses incurred by the Client as a result of any action instituted by a third party.
4.2 The Client must obtain permission for Balance Creative Limited to use any material that is the copyright of a third party. Furthermore, the Client represents to Balance Creative Limited and unconditionally guarantees:
4.2.1 that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Balance Creative Limited for inclusion in the design project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements;
4.2.2 that icons, company names, and other information, which the Client prescribes to be used for the design project, will not:
4.2.2.1 violate any international, national or local law or regulations;
4.2.2.2 in any way violate or infringe upon any party’s privacy right, right of publicity, or any other right of any person or entity;
4.2.2.3 contain any material, which is unlawful, harmful, abusive, hateful, obscene, racist, threatening, libellous or defamatory.
4.3 Copyright to the finished design project is owned by Balance Creative Limited. Upon final payment of this Contract, the client is assigned rights to use the design, graphics, and text contained in the project (which is defined in the Design Agreement) . Rights to photos, graphics, source code, work-up files and computer programs are specifically not transferred to the Client and remain the property of their respective owners. Balance Creative Limited retains the right to display graphics/ Web design elements as examples of work in Balance Creative Limited’s respective portfolios.

5.Warranties and Liability
5.1. Balance Creative Limited warrants that the Service will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the Contract.
5.2. Subject as expressly provided in these Terms all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law and Balance Creative Limited shall not be liable to the Client for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Balance Creative Limited, its employees or agents or otherwise) whether arising out of or in connection with the supply of the Service.
5.3. Not withstanding clause [5.2], the entire liability of Balance Creative Limited under or in connection with any contract shall not exceed the total charges payable, provided that nothing in the Terms shall exclude or limit Balance Creative Limited liability for death or personal injury caused due to its negligence.
5.4. Balance Creative Limited shall not be liable to the Client or in breach of contract if Balance Creative Limited delays in performing, or fails to perform, any of its obligations to the Client, if that delay or failure was beyond Balance Creative Limited’s reasonable control.

6.Termination
6.1 This Agreement may be terminated at any time by either party effective immediately upon notice, or the mutual agreement of the parties, or if any party:
(a) becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or
(b) breaches any of its material responsibilities or obligations under this Agreement, which breach is not remedied within ten (10) days from receipt of written notice of such breach.
6.2 In the event of termination, Balance Creative Limited shall be compensated for the Services performed through the date of termination in the amount of (a) any advance payment, (b) a prorated portion of the fees due, or (c) hourly fees for work performed by Balance Creative Limited as of the date of termination, whichever is greater; and The Client shall pay all Expenses, fees, out of pockets together with any Additional Costs incurred through and up to, the date of cancellation.

7. Consequences of Termination
7.1 Upon expiration or termination of this Agreement: (a) each party shall return or, at the disclosing party's request, destroy the Confidential Information of the other party, and (b) other than as provided herein, all rights and obligations of each party under this Agreement, exclusive of the Services, shall survive.

8. Other
8.1. The Contract and Terms constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
8.2. Any notice required or permitted to be given by either party to the other underthe Terms or the Contractshall be in writing addressed to the other party at its registered office or principal place of business or such other address in England or Wales as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
8.3. No failure or delay by either party in exercising any of its rights under the Terms or the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Terms or the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
8.4. If any provision of these Terms or the Contract is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Terms or the Contractand the remainder of the provision in question shall not be affected.
8.5. Any dispute or difference arising out of or in connection with this Agreement shall be determined in accordance with the Chartered Institute of Arbitrators Rules (2000 edition) by a single arbitrator to be agreed between the parties, or failing agreement within 14 days after either party has given to the other a written request to concur in the appointment of an arbitrator, to be appointed by the President or a Vice President of the Chartered Institute of Arbitrators
8.6. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Contract and no person who is not a party to this Contract (other that a successor in title to one of the original parties) shall be entitled in that person's own right to enforce any provisions of this Contract pursuant to the provisions of the said Act.
8.7. English law applies to the Contract and the Terms, and the parties hereby submit to the non exclusive jurisdiction of the English courts.  

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