All services provided by XL-ian to the Client are subject to the following terms and conditions:-
1. Acceptance. A copy of these terms and conditions must be signed by all new Clients at the time of submission of work to XL-ian, indicating agreement to and acceptance of these Terms and Conditions
Charges for services to be provided by XL-ian are defined in the project
quotation that the Client receives via post or e-mail. The total of the
project quotation will be due upon completion of the work.
Payment for services is due by cheque payable to ‘Mr I Mason’ and sent to XL-ian, 5-7 Tongue Lane, BUXTON, Derbyshire SK177LD or by online payment the details of which will be on the Quotation and/or Invoice.
3. Client Review.
XL-ian will provide the Client with an opportunity to review the appearance
and content of the project during the design and once they are completed. At the
completion of the project, such materials will be deemed to be accepted and
approved unless the Client notifies XL-ian otherwise within seven (7) days of
the date the materials are made available to the Client.
4. Turnaround Time.
XL-ian will install the project by the date specified in the project proposal,
or if no such date is specified, within 30 days of the date initial acceptance
is received from the Client, unless a delay is specifically requested by the
Invoices will be provided by XL-ian upon completion of the work for the project
and any associated services. Invoices are normally sent via post/email; however,
the Client may elect to receive hard copy invoices. Invoices are due upon
receipt. Accounts that remain unpaid fourteen (14) days after the date of the
invoice will be assessed a service charge in the amount of the higher of eight
percent (8%) above the current Bank of England base rate or a compensation
entitlement of £40 per month of the total amount due. Note that the amount will
be compounded and will be at the discretion of XL-ian.
Accounts unpaid thirty (30) days after the date of invoice will be considered in
the use of any project built by XL-ian will be withdrawn.
authorisation to use the project does not relieve the Client of the obligation
to pay any outstanding charges assessed to the Client's account. Cheques
returned for insufficient funds will be assessed a return charge of £50 and the
Client's account will immediately be considered to be in default until full
payment is received. Clients with accounts in default agree to pay XL-ian
reasonable expenses, including legal fees and costs for collection by
third-party agencies, incurred by XL-ian in enforcing these Terms and
Termination of services by the Client must be requested in a written notice
and will be effective on receipt of such notice. E-mail or telephone requests
for termination of services will not be honoured until and unless confirmed in
writing. The Client will be invoiced for design work completed to the date of
first notice of cancellation for payment in full within thirty (30) days.
Client retains the copyright to data, files and graphic logos provided by the
Client, and grants XL-ian the rights to use such material.
The Client must obtain
permission and rights to use any information or files that are copyrighted by a
third party. The Client is further responsible for granting XL-ian permission
and rights for use of the same and agrees to indemnify and hold harmless XL-ian
from any and all claims resulting from the Client's negligence or inability to
obtain proper copyright permissions. A signature below shall be regarded as a
guarantee by the Client to XL-ian that all such permissions and authorities
have been obtained. Evidence of permissions and authorities may be requested.
The intellectual copyright of all projects built by XL-ian remains the property
of XL-ian, unless prior written agreement is reached. The Client is licensed
to use the project without time limit.
XL-ian cannot accept responsibility for any alterations caused by a third party
occurring to the project once installed. Such alterations include, but are not
limited to additions, modifications or deletions.
These Terms and Conditions supersede all previous representations,
understandings or agreements. The Client's signature below constitutes
agreement to and acceptance of these Terms and Conditions.
11. Governing Law. This Agreement shall be governed by English Law.
Client’s Signature: _________________________ Company: ___________________________________
Please print off and return
a copy of this signed and dated page to XL-ian, 5-7 Tongue Lane, BUXTON,
Note that these Terms and Conditions are valid from 01/04/07.