A project may consist of work by Wicked Kippers in one or more stages. Client proposals will normally be provided for each and all these stages. The terms contained within the proposal, together with these conditions become part of the contract for the project as a whole when accepted by the client. Such acceptance will be signified either by the client signing and returning a copy of the proposal or by a letter of confirmation supplied to the client by Wicked Kippers.
Fees specified to the client are required to be paid 25% upon commissioning and 75% upon completion. Completion will normally be indicated by receipt of a final report and/or presentation of product to the client. All reasonable out-of-pocket expenses relating to the project, to include such items as travel, purchase of samples etc. as required by the client, will be charged monthly for immediate payment, unless otherwise stated.
The client may give Wicked Kippers written notice to cancel the contract, in which circumstances the client shall be liable to pay the Wicked Kippers fee's and costs for all completed stages plus any fees and costs related to work that has been committed on the client's behalf. Wicked Kippers may terminate the contract in the event of the client failing to meet any of the terms and conditions set out; in the event of insolvency on the part of the client; or in the event of a client failing to provide data, information or other communications necessary for the completion of the project. In such circumstances the client shall be liable to pay for all work completed or committed by Wicked Kippers.
Wicked Kippers will use its best endeavours to meet all completion dates specified. However, the client recognises that these dates are estimates only and Wicked Kippers shall not be responsible for any loss or damage as a result of a failure to meet such dates.
Wicked Kippers reserves the right to postpone/cancel travel itineraries due to traffic warnings.
Where the specification of a project changes from that laid our in the proposal, Wicked Kippers will notify the client and submit revised costing. If changes are made by the client requiring action by Wicked Kippers before notification of revised costing can be reasonably supplied, Wicked Kippers reserves the right to increase fees and costs to reflect the change in workload in line with Wicked Kippers normal rate.
Wicked Kippers shall undertake not to disclose to any third party any confidential data, information or trade secrets supplied by the client during or after the completion of this contract.
Intellectual Property Rights
Any Intellectual Property Rights or copyrights contained in any of the documents or work undertaken as part of this project shall be vested in Wicked Kippers unless otherwise agreed with the client.
Limitation of Liability
Wicked Kippers will undertake to use its best endeavours, within the boundaries of the project, to provide advice and guidance to the benefit of the clients business. However, Wicked Kippers shall not be liable in any circumstances for any consequential loss whatsoever, however caused, including (but without limitation) business interruption and/or loss of profits arising from the contract.
The client is responsible for any errors, or omissions in artwork, illustrations, photographs, proofs etc which has been accepted by the client. The client will sign approval at completion of each stage.
This contract shall be construed according to, and governed by English Law; the parties moreover agree to submit the exclusive jurisdiction of the English courts in any dispute or difference of any kind, which may arise concerning the contract.