The Client will provide text for the website in electronic format, by email or disc or in printed format in existing marketing literature.

The Client will supply relevant photos and graphics. Where necessary and agreed between the Company and the Client we will purchase royalty free photos, video and graphics and any costs incurred for these will be charged on top of any agreed quotation.

The Client agrees that the Company organise the website hosting to ensure the correct server functionality and agrees to pay any transfer and administration costs incurred when setting this up.

The Client unconditionally guarantees that any element of text, graphics, photos, designs, trademarks and other artwork furnished to NTH for inclusion in any product are owned by the Client, or that the Client has permission from the rightful owner to use these graphics, and will hold harmless, protect, indemnify and defend NTH from any liability (including solicitors fees and court costs) including any claim, threatened or actual, arising from the use of such elements furnished by the Client.

The Company will own the copyright to the design and all intellectual property rights of the finished website(s) until full payment of all outstanding monies has been met. If multiple websites are being developed simultaneously for an individual client then copyright and all intellectual property rights remains with the company until the full and final payment has been made. Only after full payment has been made will the copyright and website ownership will be assigned to the Client. 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. Domain names, which may be registered in the actual name of a third party, remain the property of NTH until full and final payment has been made to NTH. NTH reserves the right to display any aspect of their work in their portfolio. All website productions will contain a link to the NTH website.

The Client agrees that the Client is solely responsible for complying with any laws, taxes and tariffs applicable to this project, and will hold harmless, protect, indemnify and defend NTH from any claim, penalty, tax, fine, or tariff arising from the Client’s failure to comply with any such laws taxes and tariffs.

Under no circumstances will the storage and transmission of pornographic materials in any form what so ever be allowed through or on NTH's servers and data transmission cables. The term "pornographic materials" is purely at the discretion of NTH and our decision in such matters is full and final.

The purpose of the services provided to you the customer by NTH are for the storage and transmission of standard web sites, this means that the space provided on NTH's internet network must not be used as an FTP area for the transmission of demo software and other high bandwidth applications,without prior permission from NTH. These applications are at the discretion of NTH and our decision in such matters is full and final. If such applications are required on a web site then it may be suggested that these are posted on dedicated FTP sites which can be reached by appropriate links on the web sites stored on NTH's internet network.

NTH does not warrant that the operation of the web pages will be un-interrupted or error free. Although the Company only uses staff and services of the highest quality, generally producing up time that is over 99% there are circumstances that are beyond our control. Therefore, the entire risk of the performance of the website is with the Client. In no event will NTH be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the web pages.

NTH does not warrant the backup of any databases, website files and documents. It is the customer’s responsibility to backup any databases, website files and documents even if NTH have stated they are taking backups of databases, website files and documents. NTH cannot guarantee the reliability of any backups taken or the frequency of backups.

When Proofs of work are submitted for the customer's approval, once approved we shall not be liable for any errors not corrected by the customer. Customers' alterations and additional proofs necessitated thereby shall be charged extra. Work incurred, when the customer makes changes after style or layout have been left to the discretion of us, will also be charged. When the customer passes responsibility for proofing to us, we shall not be liable for any errors or omissions. You will indemnify us from any costs / liability incurred by us while acting for you whether or not the errors are due to our work.

All of our sites comply with the UK regulations, which you can see at Trading Standards Ecommerce advice and Trading Standards Selling on the net advice. If you are trading outside of the UK it is your responsibility to ensure you are trading within the laws of the countries that you are trading in.

All work carried out at the customer's request whether experimental or not may be charged.

The following words or expressions shall have the meanings stated:

“the Photographer” means Nick Hartery or staff appointed by Nick Hartery.
“the Customer” means the person identified as the customer.
“Booking” means the instruction by which the Customer instructs the Photographer to create Material.
“Material” means all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material, and which has been created by the Photographer.
“Order” means any request, order, commission or instruction by or on behalf of the Customer for creation of Material by the Photographer.
“Price” means the price for an Order as set out in the Booking Agreement.

2. Any work of any description undertaken by the Photographer pursuant to an Order shall be subject to these Terms and Conditions.

3. Copyright in all Material is retained worldwide by the Photographer at all times and nothing shall be deemed as a release, transfer, assignment or other disposal of the Photographer’s rights in the Material, save as:
3.1 specifically set out in these Terms and Condition or

3.2 may otherwise be agreed by the Photographer in writing.

4.1 In consideration of the Price the Photographer will undertake such work as is necessary to fulfil the requirements of an Order.

4.2 In consideration of the Photographer’s agreement in paragraph 4.1 above the Customer will pay the Price in accordance with the provisions set out in paragraph 5 below.

5. An Order shall be subject to the following provisions:

5.1 The Photographer shall be entitled to require a deposit payment on account of the Price in such sum as may be agreed between the Photographer and the Customer prior to the taking of any steps to create any Material.

5.2 A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement. In the event of a cancellation of an Order by the Customer, in addition to any entitlement to claim damages for losses arising from such cancellation the Photographer shall, in any event, be entitled to retain the deposit paid and/or agreed.

5.3 The Photographer shall be entitled to agree to regard any Order that is not evidenced in writing as invalid.

5.4 The Photographer licences the Customer to utilise the Material produced as a result of the Customer’s Order to the extent set out in writing between the Customer and the Photographer. Any breach of such licence shall automatically revoke such licence without further notification from the Photographer.

5.5 Unless specifically otherwise agreed in writing between the Photographer and the Customer, the Photographer is entitled to utilise Material ordered by the Customer for the advertising, marketing and promotion of the Photographer’s business.

5.6 The Photographer shall be entitled to sub-contract his obligations under an Order at his discretion.

5.7 Save as otherwise agreed between the Customer and the Photographer, the Photographer shall be entitled to use his judgement regarding the style and artistic input in the production of Material.

5.8 Unless a rejection fee has been agreed in advance, the Customer has no right to reject the Order on the basis of style, composition or artistic direction. All Material is developed in full discussion and agreement with the Customer at the time of the production of the Material and all reasonable Customer requests are complied with during production and the Material cannot therefore be rejected after production and full payment must be made immediately after production as agreed.

5.9 The Photographer shall not be liable to the Customer for any failure, in whole or in part, to fulfil his obligations under an Order where failure arises as a result of an event or circumstances beyond his control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.

5.10 On completion of the Photographer’s obligations under an Order, the Customer shall pay the Price (or any balance of it) to the Photographer. Any sum outstanding shall have the following consequences:

5.10.1 Interest at a rate of 4% per annum above the base rate of HSBC Bank shall accrue in respect of any outstanding sum.

5.10.2 Any licence granted by the provisions of paragraph 5.4 above shall be automatically revoked and shall only be capable of reinstatement upon payment of any outstanding sum plus interest and any other costs incurred by the Photographer.

6. The contractual relationship between the Photographer and the Customer shall be governed by the laws of England.

7. An Order, as evidenced by information on the Booking and as governed by and together with these Terms and Conditions shall form the entire agreement between the Photographer and the Customer, save as otherwise agreed in writing.

NTH requires a 50% deposit with the purchase order with final payment due upon satisfactory completion of the instructed works. All further website development beyond the original instruction will not commence until all outstanding monies are paid. Payment of the deposit is deemed as acceptance of the Terms and Conditions displayed here.

On any occasion where we cannot progress a client website because the client has not provided the required information when the client has agreed to do so, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If after a reasonable time the required information is still not forthcoming NTH will produce the final invoice for the works done.

In the event that a client accepts a quotation/estimate, and within 7 days decides not to proceed with the website design, then a cancellation/consultation charge of £200 will be incurred, provided that work has not yet commenced on the website design. This charge covers consultation time/fees and web hosting setup costs.

In the event that a client cancels after 7 days, or if work has commenced on the website design, the full cost of the quotation is payable.

Invoicing and terms of payment:

In this agreement the following meanings shall apply: "We" and "us" means NTH Internet Services; "You" means the client. We make the Contract with and include any person who we reasonably believe is acting with the client's authority or knowledge; The singular includes the plural and vice versa "Accounts" means your Main Account and/or your Sub Accounts; "Content" means information, software, photos, video, graphics, music, sound and other material appearing on or available through the Service including the Users' Material; "Contract" means the agreement between us and you for the provision of the Services incorporating the Terms; "Main Account" means the facility extended under this Contract allowing you an individual right of access to the Service; "Service" means any service/material provided by us, including the on-line information, transaction service, communication, design; "Terms" means these terms and conditions; and "Users' Material" means any material appearing on the Service which has originated from you.

Agreements

These Terms or the agreed quotation or specification (either verbally or in writing) set out the entire agreement between you and us for the provision of the Service. To the extent there is any conflict or inconsistency between them these Terms shall prevail.

All sums invoiced become payable within 10 days net of the invoice date unless otherwise stated. We reserve the right to suspend service immediately upon payment being withheld.

Failure to pay on the due date:

If you fail to pay by the due date a monthly interest charge equal to UK current base rate plus 4% may be added, up to and including the date of settlement in full. You will be informed of this on invoices as they arrive.

We understand and will exercise our statutory right to interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.

We reserve the right to increase our charging rates without prior notice.

Proofs:

(a) When Proofs of work are submitted for the customer's approval, once approved we shall not be liable for any errors not corrected by the customer. Customers' alterations and additional proofs necessitated thereby shall be charged extra. Work incurred, when the customer makes changes after style or layout have been left to the discretion of us, will also be charged. (b) When the customer passes responsibility for proofing to us, we shall not be liable for any errors or omissions.
(c) You will indemnify us from any costs / liability incurred by us while acting for you whether or not the errors are due to our work.

Preliminary Work:

All work carried out at the customer's request whether experimental or not may be charged.

Tax:

When the work is liable for VAT we reserve the right to charge VAT whether VAT was included in the estimate or not.

Time Limit for Raising Disputes

Disputes regarding Invoicing must be dealt with within 7 Days from date of Invoice for all services so as not to delay payment by the due date.

Late Payment of Commercial Debts (Interest) Act 1998.

As amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.

This entitles the Seller to exercise the statutory right to claim interest at 8% over and above the current Bank of England Base Rate if invoice payment is not received by the due date shown on the invoice and Statement of Account according to the agreed Credit Terms. It also gives the statutory right to claim compensation for debt recovery costs. If the delay is caused by a problem of the Sellers own making please contact us as soon as possible, to resolve the situation.