General
All orders are accepted by The Dec Marketing Company (herein after referred to as ‘the Company’) in accordance with these terms and conditions. Placing an order confirms your acceptance with these terms and conditions. Variations to these terms and conditions must be made in writing and agreed by both parties prior to the placing of any order.
Prices
Prices are charged at the rate in force at the time of contract unless otherwise set out in a written quotation for the work to be undertaken. Prices will be deemed valid for 30 days from date of quotation unless otherwise specified in writing.
Additional charges will be levied for carriage, packing and value added tax as may be required.
Payment Terms
Unless the Contract otherwise provides the Contract price for the services shall be payable within thirty days of the date of the company’s invoice.
The time stipulated for payment shall be of the essence of the Contract and failure to pay within the period specified shall entitle the Company upon the expiration of ten days notice in writing to the Client to suspend further performance of the Contract pending payment and in addition the Company shall be entitled without liability wholly or partially to cancel the Contract or any other contract between the Company and the Client without prejudice to any other remedy available to the Company.
The Company shall be entitled to interest as well after as before judgement on any part of the Contract price not paid by its due date from that date until actual payment at the rate of three per cent (3%) per annum above the Base Lending Rate of Lloyds Bank Plc prevailing from time to time during such period.
Copyright
All work that the Company undertakes for the customer is accepted on condition and understanding that the customer has legal title to any copyright, patent, design or other proprietary or personal rights involved and that the customer indemnifies the Company for any loss, costs or expenses, howsoever caused from any breach of this undertaking.
Illegal Matters
The Company shall not be required to carry out any task which in our opinion is or may be of an illegal, libellous or slanderous nature or may infringe the proprietary rights of a third party. The Company shall be indemnified by the customer for any claims, costs or expenses arising out of any such incidences and/or infringement of statutes or proprietary rights. This indemnity will extend to any amounts paid on a solicitor’s advice in settlement of any claim.
Confidential Information
Whilst the Company shall use its reasonable endeavours to prevent disclosure of confidential information relating to the customer other than information in the public domain, otherwise than by a breach of these conditions and information already in the possession of the receiving party thereof and information obtained from a third party who is free to divulge same, the Company shall not be liable in any way whatsoever for such disclosure or the consequences thereof whether direct or indirect. The Company will consider, on a case by case basis, entering a separate confidentiality agreement (see attached) with any customer.
Force Majeure
If the Company is in any way prevented or delayed in performing any of its obligations under these terms and conditions by reason of any cause beyond the Company’s control then the Company shall be in no way liable for such failure to perform its obligations under these terms and conditions or for any such delay.
Sub-contracting
The Company shall at its sole discretion be entitled to sub-contract the whole or any part of a customer’s order.
Liability
The liability of the Company for any claim or claims for direct injury, loss or damage made by the Client against the Company whether in contract or in tort (including negligence on the part of its staff or agents) arising out of or in connection with any defect in the Services or any act, omission, neglect or default (whether or not the same constitutes a fundamental breach of the Contract or the breach of a fundamental term thereof) of its staff or agents in the performance of the Contract (including, without limiting the generality of the foregoing, breach of any condition or warranty whether express or implied by statute, common law or otherwise howsoever) shall be limited to the Contract price.
No employee, representative, agent or officer of the Company shall be authorised to commit the Company to any admission of liability whatsoever and the Company shall not be bound by any such admission unless it is explicitly stated in writing and executed on behalf of the Company.
Notwithstanding anything else contained in the contract, the Company shall not be liable to the Client or any third party for loss of profits or contracts or any indirect or consequential loss arising from negligence, breach of contract or howsoever.
Hire of Equipment and Other Facilities
All equipment, facilities and other property used in connection with an Event shall be the sole responsibility of the Client who shall be liable for the full cost of replacement or repair in the event of theft damage or any other loss being suffered The Client shall be solely responsible for the health and safety of all third parties attending an Event and shall ensure that all such persons conduct themselves in an appropriate manner at all times.
Heath and Safety
The Company operates a comprehensive health and safety policy encompassing current legislation. If the representative of the Company responsible for Health and Safety believes that there is an unacceptable level of risk to participants or the Company’s staff in commencing or continuing an activity then the activity will be cancelled or curtailed.
Law
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England and any claims heard in a Hertfordshire County Court.