These terms and conditions are intended to clarify the relationship Themediapractice Limited (TMP Ltd) will have with you. Please read them carefully and sign in the appropriate place at the bottom to confirm that you agree to them and instruct us to proceed with your project.
To commission TMP Ltd we will need you to sign the bottom of these terms and conditions and post them back to us. Signing our terms and conditions confirms that you have read and agree to them and instruct us on your project.
If you are instructing us on behalf of any other organisation, company or individual you confirm that you are authorised to hire us on their behalf. At any time prior to or after commission we may perform credit checks against the client business. A negative report may result in TMP Ltd declining to accept instruction, pressing for more rigorous invoice processing, requesting payment in advance, termination of any production agreement or a combination of those actions.
Our fees will be disclosed and should be agreed at the outset of the project. Additional costs due to over-run, additional work or changed specification will be notified in writing (via email or letter) as soon as they become apparent. Please note that we are VAT registered so all fees will be subject to an additional VAT charge at the prevailing rate.
First time clients may be asked for a fee in advance of beginning work in the event of poor credit check results. This pro-forma fee would not be less than 40% and no more than 60% of the budgeted cost. Other payment terms would be re-organised to suit the development timetable.
Depending on the type of project requirements we may either charge a fixed fee based on a known specification or on the basis of time and effort at an agreed hourly or daily rate.
Fixed fee quotes
Where a fixed fee is quoted an anticipated delivery schedule will be proposed. It is important that you the client realise that your involvement and timely response is integral to the delivery of the project. Where a fixed price runs on significantly beyond the anticipated delivery date (judged at 25% time overrun) due to an inability to provide the required information or feedback we reserve the right to invoice up to 80% of the agreed cost at that time. We also reserve the right to demand full or additional payment as required to complete the project.
Hourly or daily rate quotes
Where an hourly or daily rate is quoted for a project an anticipated overall cost will also be submitted. We will always attempt to keep costs as near as possible to the original expectation. Should an exceptional overrun be necessary due to changing project specification or other changes beyond our control we will advise clients of the case.
Unless otherwise agreed in writing, our standard terms are that we will invoice you for 40% of the agreed fees on the date we commence your work, with the remaining fees invoiced for at the end of the project along with any additional charges authorised along the way. Payment due dates will be clearly marked on our invoices.
Payment is to be made by cheque or electronic funds transfer to the payee shown on the invoice.
Where payment is not received within 7 working days of the due date shown on the invoice, we reserve the right to charge interest. This will be in line with the DTi 'Better Payment Practice' guidelines of 8% plus the Bank of England reference rate.
Unpaid debts may be passed to specialist recovery agencies.
In the event of premature termination of the project by you for any reason, you will be invoiced for the time that has been spent on your project thus far. A reduction in fees may be due where the amount of work is well below that which was anticipated to deliver the original project. On cancellation the maximum fee reduction will be down to the level of the deposit (40%) which is non-refundable. Please acknowledge our right to pursue payment in full should you elect to withhold all or part of our fees for any reason
We would be happy to discuss the signing of any confidentiality agreements that you deem necessary to protect your business, however you must agree to indemnify us against any action whatsoever by you or a third party, associated with the accidental disclosure or loss of this information that is reasonably beyond our control.
The copyright of all materials created for you in the course of this project will be retained by TMP Ltd until all fees and charges due to us have been fully paid. At which point copyright will be fully assigned to you.
We reserve the right to use examples of this work for promotion of our business unless this conflicts with any confidentiality agreement that we have signed with you.
Any text, photography or other creative material that is sent to us as part of your brief at any point in the project will need to be clearly marked as your own work or that of someone else whose copyright will need to be respected. You confirm that you are authorized to send this material to us for research or to form part of the project work, and you indemnify us against any action arising directly or indirectly as a result of use of this content.
We will do our utmost to ensure that all project work supplied to you is completed without technical errors or issues likely to contravene specific laws relating to accessibility and data use. It is your responsibility to submit all text and URL links that we produce for review by any industry bodies whose codes you adhere to, to ensure that it complies with all general and industry specific laws.
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales. A fuller copy of our terms of trading will be given to prosective clients