1.1 The Client shall notify Marmalade Designs immediately if the Client changes or alters the brief. All production of services shall be subject to these Terms and Conditions. No cancellation or cooling off period is provided in the event where the Client has received a visit from a Marmalade Designs representative. Cooling off periods of 7 working days are provided only for services purchased over the telephone, internet or fax and no visit from Marmalade Designs has been necessary.
1.2 Marmalade Designs shall use all reasonable endeavours to complete the services within estimated time frames but time shall not be of the essence in the performance of any services
2. Fee and Payments
2.1 The fees for the performance of the services are as set out in either a verbal or written quote. Marmalade Designs shall invoice the Client for the services based on the verbal or written figures. If these fees remain unpaid for a period of 28 days or more from the date of the invoice, Marmalade Designs reserve the right to take down any web pages relating to the client until the outstanding amount is settled. This includes up front payments, deposit payments, monthly ongoings and annual hosting fees
2.2 Invoiced amounts shall be due and payable within 7 - 14 days of receipt of invoice. Marmalade Designs shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 1.5% per month after 30 days from the due date of payment (unless the law prevents us from charging interest). We can charge you any reasonable administration and legal costs for recovering the amounts you owe. If you owe us any sum of money, we may deduct that amount from any sum which we may owe you at any time under this Agreement or any other agreement we have with you.
If you do not make any payment or instalment due, we can keep all sums you have already paid and you will immediately have to pay us all outstanding amounts. We may also (without prejudice to other rights) immediately terminate this Order or any other Order from you.
2.3 Should the Client purchase services where subscription fees are payable by direct debit or standing order, the completed direct debit or standing order form must be returned to Marmalade Designs within 7 days. In the event of the Client failing to return a completed direct debit standing order mandate, Marmalade Designs reserves the right to withdraw offer of monthly payment and invoice for the terms of the agreement immediately. This invoice will be payable within 7 days.
3. Client's Obligations
3.1 To enable Marmalade Designs to perform its obligations under this Agreement the Client shal
3.1.a co-operate with Marmalade Designs;
3.1.b provide Marmalade Designs with any information required and requested by Marmalade Designs;
3.1.c adhere to all timeframes and procedures set by Marmalade Designs in these terms and conditions and in any correspondence from Marmalade Designs;
3.1.d obtain all necessary permissions and consents which may be required before the commencement of the services; and
3.1.e comply with such other requirements as may be set out in the brief or otherwise agreed between the parties.
3.2 The Client shall be liable to compensate Marmalade Designs for any expenses incurred by Marmalade Designs as a result of the Client's failure to comply with Clause 4.1.
3.3 Without prejudice to any other rights to which Marmalade Designs may be entitled, in the event that the Client unlawfully terminates or cancels the services agreed, the Client shall be required to pay to Marmalade Designs as agreed damages and not as a penalty the full amount of any third party costs to which Marmalade Designs has committed and in respect of cancellations on less than five working days' written notice the full amount of the services contracted for as set out in the Service Specification, and the Client agrees this is a genuine pre-estimate of the Marmalade Designs's losses in such a case. For the avoidance of doubt, the Client's failure to comply with any obligations under Clause 4.1 shall be deemed to be a cancellation of the services and subject to the payment of the damages set out in this Clause.
3.4 In the event that the Client or any third party, not being a sub-contractor of Marmalade Designs, shall omit or commit anything which prevents or delays Marmalade Designs from undertaking or complying with any of its obligations under this Agreement, then Marmalade Designs shall notify the Client as soon as possible and:
3.4.a Marmalade Designs shall have no liability in respect of any delay to the completion of any project;
3.4.b if applicable, the timetable for the project will be modified accordingly;
3.4.c Marmalade Designs shall notify the Client at the same time if it intends to make any claim for additional costs.
4. Domain Names
4.1 The client agrees that all domain names carry a minimum of twenty-four months contractual bond on payment of fees, agreed by both parties.
4.2 The Client agrees that all domain names are registered under the property of Marmalade Designs Domains of a generic nature ie. a domain name that says what you do where, rather than who you are, are owned by Marmalade Designs Payments for the use of these domains by the client are made that they may use the domain within a marketing strategy produced by Marmalade Designs As experts in web marketing we link to these domains from our own client base and buy them in accordance with our own marketing knowledge.
4.3 The Client agrees that neglect to pay any outstanding fees will defer the registration/renewal of any domain names. This action will not yield any refunds.
4.4 The Client understands that s(he) will be informed about the renewal.
4.5 The Client agrees that they are to provide 30 days notice before the cancellation of any domain names. Neglect to provide this will result in the continuous renewal `process of the domain registration and consequent payment.
4.6 The Client understands that Marmalade Designs is not responsible for any materials lost due to clients neglect to pay renewal domain registration