STANDARD TERMS OF BUSINESS
FOR WEB ANALYTICS, PROGRAMMING, AND SEARCH ENGINE OPTIMISATION SERVICES
The following details expand on those specific terms included in our formal proposals for any assignment where they exist, or may be referred to in full:
1. Unless otherwise agreed with the client, fees are charged for the actual time spent by the individuals working on the assignment at agreed hourly, daily or weekly rates. Weekly fee rates for consulting staff are based on a working week of five eight hour days. Fees are charged for all time spent on client affairs, whether on the client’s premises or elsewhere. No charge is made for time worked in excess or outside of normal business hours, unless previously agreed with the client, or for absence due to sickness or holidays.
2. The fee rates quoted are subject to periodic review. Our fee rates are normally reviewed with effect from 1st July each year. However, we will give at least one month’s notice of any increase in fee rates. Fees, rates, and charges may vary between clients.
3. Unless specified to the contrary, the fees quoted do not cover the cost of travelling, accommodation and other out-of-pocket expenses incurred in connection with the client’s business, or the costs of preparing reports or specifications, including printing and software licensing costs. The actual costs incurred are therefore charged in addition to our fees.
4. If, during the course of our work, a need for ancillary services not specified in the proposal is identified, agreement to their use will be obtained before any expenditure is incurred. This includes fees related to the use of specific software pieces.
5. Fees and expenses are normally invoiced monthly and are payable within two days of the invoice date. In cases where a fixed sum covering both fees and expenses is agreed with the client, a payments schedule, which provides for interim payments during the provision of service, will also be agreed.
6. Payment is due 30 days from date of invoice (in accordance with the Late Payment Act, Stage Three, 2002) and we reserve the right to charge interest on outstanding invoices at the rate of 8% per annum from the due date.
7. Any enquiries relating to an invoice should be referred to the standard points of contact for JM Spate Web Analytics.
8. We undertake to treat confidentially any information we may obtain regarding the present or future business activities of the client.
9. All surveys, forecasts and recommendations in any report or letter are made in good faith and on the basis of the information before us at the time and our experience in relevant situations. The achievement of any goals must depend, among other things, on the effective co-operation of our clients’ staff. No statement in any report or letter is to be deemed to be in any circumstances a representation, undertaking, warranty or contractual condition. The ultimate responsibility for any changes made to a client’s website lies solely with the client.
10. Assignments are undertaken on the mutual understanding that clients will not offer employment to our staff and that we, on our part, will not induce the clients’ staff to seek employment with us. If in such an instance a consultant is enticed to take up employment with the client, contrary to the mutual understanding, then the client will pay JM Spate Web Analytics a fee of 6 months salary. This does not apply to our external contractors.
11. Intellectual property rights are reserved to JM Spate Web Analytics and strictly enforced without exception. Therefore, use of any documentation (or part thereof) for any purpose other than that for which it is distributed is by arrangement only in each and every case. Unauthorised copying and duplication is forbidden.
12. In the event of your cancellation of an arranged training workshop or other event, the following terms will apply:
a. Cancellations made up to seven days before the event – no charge will be made
b. Cancellations made after that date, the full amount is payable
c. All cancellations must be received in writing.
13. We reserve the right to replace members of the proposed project team if necessary. If, during the contract period, it becomes necessary to change specific personnel, then we guarantee that the replacement personnel assigned shall be no less competent and experienced than those whom they shall replace.