Written on 16 June 2014
Terms & Conditions
Standard Terms and Conditions
1. DEFINITIONS 'The Company ' means Denaploy Limited t/a TheDevTeam. 'The Customer means the person, firm or company to whom a quotation is addressed or whose order is accepted by the company.
2. GENERAL Unless otherwise expressly agreed in writing by the company, these conditions shall apply to all quotations or tender given, orders received and accepted and contracts undertaken by the company. In the event of conflict these terms and conditions shall prevail. Acceptance of any quotation or tender and the placing of any order with the Company included acceptance of these conditions. If the customers order contains special printed conditions are only binding in so far as they are not variance with these conditions and have been accepted in writing by the Company. No addition to of variation of these conditions shall bind the Company unless expressly accepted in writing by a director of the Company. No person has authority to agree to such variations or additions in any other manner. Previous dealings between the Company and the Customer shall not vary, add to or replace these terms of any of them. All previous correspondence or oral communications are to be regarded as superseded and not forming part of the contract. A design credit will link to TheDevTeam from any site developed.
3. QUOTATION/TENDER No quotation or tender issued by the Company is to be treated as an offer by the Company, but as a basis to treat open for a period not exceeding 30 days from the date of the quotation or tender. If an order is placed on the basis of such quotation or tender, such order will be treated as an offer subject to these conditions and shall not be binding upon the Company, unless and until accepted and confirmed by them in writing. Errors and/or omissions are subject to revision at any time.
4. PRICE Unless otherwise specified by the Company in writing, all prices quoted are net and exclusive of Value Added Tax. Any such tax together with any other taxes or duties payable in any relevant jurisdiction shall be payable by the Customer. The Company reserves the right by giving one month's notice to the Customer to increase the price of goods or services supplied pursuant to these conditions to reflect any increase in cost to the Company. Chargers for miscellaneous costs are: Travelling-28p per mile, Faxes-15p per page, mailing include postage and packaging-65p per envelope
5. PAYMENT TERMS Payment shall be due 30 days from invoice unless otherwise agreed in writing. Interest will become payable at the rate of 8% above bank rate on any and all late payments.
6. OWNERSHIP Ownership of the work shall be transferred to the client after final payment of all outstanding invoices. All intellectual property rights relating to the method by which facilities on the website are delivered, remain the property of TheDevTeam.
7. ALTERATIONS TO CONTRACT AND CANCELLATION If the Customer requests alterations or change or changes to the contract, these will not be valid unless and until confirmed in writing by the Company singed by its duly authorised officer and will result in the original quoted prices being adjusted accordingly. Suspension or Cancellation of the contract by the Customer will only be accepted upon terms which will indemnify the Company against all losses (including loss of profits), costs (including, where applicable, the cost of all labour and material's used), damages, charges and expenses incurred. No warranty or guarantee can be given to the success of any project or assignment undertaken even though, if contractually agreed, payment may be a condition of certain criteria being met.
8. CARRIAGE AND DELIVERY The Company will use its reasonable endeavours to fulfil completion of delivery dates quoted, promised or requested, but shall not be liable for any damages or loss howsoever arising (whether directly or indirectly) out of any delay and such delay shall not entitle the Customer to cancel the contract. In the event that the Customer fails to supply sufficient information, materials or goods or services by the Company pursuant to the contract the Customer shall indemnify the Company against all costs, charges and expenses incurred by the Company by reasons of such delay and against all claims or proceedings (including all cost and expenses) brought against the Company by third parties.
9. STAFF During the Term of this Agreement, and for a period of three years thereafter, The customer will not hire, attempt to hire, or in any way induce (or attempt to induce) to terminate their relationship with The Company or its affiliates any known or reasonably ascertainable employee, supplier, partner, consultant of The Company or any of it's subsidiaries or affiliates.
10. LEGAL The Customer agrees to indemnify The Company, directors, shareholders and agents and hold each and all of them harmless from all claims, actions, damages, complaints, penalties, fines and expenses (including reasonable legal fees) arising out of or in connection with this Agreement. The customer's programs, messages, customer contracts, promotions and advertising. Notwithstanding the termination of this Agreement, the indemnity obligations of The Customer will survive the termination thereof. If The Customer is a corporation, this indemnity clause will bind any individual in his individual capacity who signs this Agreement or directed the act which requires indemnity.
11. CONFIDENTIALITY Any information of any description whatsoever relating to the affairs of a client and disclosed to any staff under the control of TheDevTeam shall be kept strictly confidential.
Related to Terms & Conditions
We are specialist software developers.
We work as a team and have a range of skills that enable us to deliver useful results very quickly
For well-defined projects we are happy to provide a fixed price quote for meeting objectives, with stage payments at agreed milestones.
If the project is more open ended we will work on an hourly rate and provide access to a collaboration tool that enables the client to track costs in detail and request work
In providing an hourly rate we recognise that it begs the question "how much can you get done in an hour?"
If you are a design agency, looking for a development company to handle the back-end of any particular project you may have, we can help you.
If you have a website with TheDevTeam, we will not just abandon you and let you get on with it.
If you have any problems or need a bit of guidance about how to properly use your website we are always here to help.
TheDevTeam has been working alongside Unique Magazines for several years as part of their core development team, to build and strengthen their online magazine distribution business.