1. GENERAL
The following Terms and Conditions are binding upon the Customer and MemVis Studio (“the Company”). Except to the extent if any required by Law no condition warranty guarantee undertaking representation or statement (whether oral or written) not contained in these Conditions shall be binding upon the Company. These Conditions shall prevail notwithstanding any terms or conditions of any order submitted by the Customer. These Conditions are to be interpreted and applied entirely subject to the provisions of the Unfair Contract Terms Act 1977.

2. ESTIMATES
The prices quoted are subject to change on or after the acceptance of an order if any modification or extra work is required by the Customer and is carried out by the Company. The prices quoted are exclusive of delivery, postage, packing, carriage and insurance charges and when deliveries are undertaken by the Company this will be charged as an extra, which the Customer will pay. All quotations are valid for thirty days only unless otherwise stated in writing.

3. COSTS
Prices may be subject to revision to take account of intervening changes including material costs, labour charges and rates of exchange which may arise after the date of the estimate. Although MemVis Studio will make every effort to inform the Customer of any changes, it reserves the right to make alterations without prior notice. All costs refer to services actually included in the estimate.

4. PRELIMINARY WORK
Work carried out whether experimentally or otherwise at the Customer’s request will be charged to the Customer.

5. COPY
A charge may be made to cover any additional work involved where copy supplied is not clear and legible.

6. PROOFS
Corrections including alterations in style and the cost of additional proofs necessitated by such corrections will be charged extra. Proofs of all work may be submitted for the Customer’s approval and in that event no responsibility will be accepted for any areas in them not corrected by the Customer.

7. PAYMENT
Payment is usually required within 30 days of the date of invoice, unless other written arrangements have been made. The Company will expect 50% of the total cost to be prepaid on all major projects as agreed with the Customer. The Company will, at its discretion, levy a charge per month on all amounts outstanding after 30 days from date
of invoice. Where work is suspended or delayed by the client for over 30 days, payment for work already carried out will become due. Should expedited delivery be agreed and necessitate overtime or other additonal cost an extra charge may be made by the Company.

8. DELIVERY
The date of delivery shall be the best possible estimate. The Company reserves the right to alter delivery dates without notice. Failure to meet delivery dates shall in no way give rise to any liability on the behalf of the Company

9. TESTING
Every endeavour will be made to ensure the reliability of your website / cdrom (“the application”). Upon completion of the project the customer has 28 days to test the application. Any problems encoutered after this period we may have to charge extra.

10. LIABILITY
The Company shall not be liable for indirect loss or third party claims occasioned by delay in completing the work, or for any loss to the Customer arising from delay in transit. Where work is defective for any reason, including negligence, the liability (if any) of the Company shall be limited solely to the rectification of such defect.

11. CUSTOMER’S PROPERTY
The Customer’s property and all property supplied to the Company by or on behalf of the Customer will be held worked on and carried at the Customer’s risk.

12. LIEN
Without prejudice to the Company’s other remedies the Company shall in respect of all unpaid debts due from the Customer have a general lien on all goods and property in
its possession (whether worked or not) and shall be entitled on the expiration of fourteen days written notice to dispose of such goods or property as we think fit and to apply any proceeds towards such debts.

13. LEGALITY
The Company reserves the right to refuse to work on any material it considers may be illegal for any reason. The Customer shall indemnify the Company from all claims, demands, damages, penalties, costs, expenses or liability which may arise in respect of the infringements of any letters patent, registered design, trademark, design copyright, copyright or any other industrial property right resulting from or arising in the performance of the contract.

14. COST VARIATION AND FORCE MAJEURE
Estimates and quotations are based on the current cost of production and unless otherwise agreed are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs. If estimates are given without sight or copy, artwork, originals or detailed brief the Company reserves the right to amend any estimate or quotation once the same are produced. Every effort will be made to carry out the contract but its due performance is subject to cancellation by the Company or to such variation as it may find necessary as a
result of inability to secure labour materials or supplies or as a result of any act of God, war, strike, lockout, or other labour dispute, fire, flood, drought, legislation or other cause whether or not of the foregoing class and which is beyond the Company’s control.

15. APPLICABLE LAW
These conditions and all other expressed terms of the contract shall be governed and construed in accordance with the Laws of England.

16. COPYRIGHT
MemVis Studio has the copyright to all webpages, databases, visuals, artwork and photographs completed by them. This copyright passes to the client on successful completion of and payment for the product. Should the client cancel or postpone work after visuals are produced, they remain the property of MemVis Studio. They may be purchased from MemVis Studio.