1. Acceptance
- A copy of these terms and conditions is submitted along with quotations and estimates. This must be agreed prior to work commencing. Alternatively, payment of an advance fee is an acceptance of our terms and conditions. These terms and conditions are always available on our website for review.
2. Charges
- Charges for services to be provided by Aidan Brown IT (trading name for ABIT Services Limited) are defined in the estimate or quotation that the Client receives via email / post.
- Estimates / Quotations are valid for a period of 30 days unless alternate timescales have been agreed beforehand with the Client. Aidan Brown IT reserves the right to alter or decline to provide the services / products included in any quotation after expiry of the valid timescale.
- Fixed price work (development, website) costing £750+ will require an advance payment of forty (40) percent of the total price, prior to work commencing. The remaining balance of the project quotation total will be due upon completion of the work at the time of delivery.
- Estimated and On-going work (consultancy, development, website, support) will be billed weekly, unless otherwise agreed in writing (by the hour / day) as and when services are provided.
- A purchase order or signed Quotation / Estimate is required for all work where advance payment is not required.
3. Client review
- Aidan Brown IT will provide the Client with an opportunity to review any work carried out, which will be deemed to be accepted and approved unless the Client notifies Aidan Brown IT otherwise within ten (10) days.
4. Schedule / Timetable
- Timescales will be discussed and agreed with the client on a job or task basis, but these will be affected by late advance payments. The client will be notified of any changes to this as and when they occur, for whatever reason.
5. Ownership
- Ownership of physical products/goods supplied is retained by Aidan Brown IT until FULL payment has been made (including those detailed in section 7).
- Intellectual rights, copyright and ownership, services, consultancy, website and/or software changes, are retained in full by Aidan Brown IT, unless agreed in writing. Only ‘rights of use’ by the purchaser are granted upon FULL payment.
- If your account falls into ‘default’ (see Section 7) then reasonable costs may be incurred to reclaim Goods and Services at the clients expense, this may also include removal of any ‘rights of use’ (for example, any software changes made, including websites) that have been supplied.
- Once fully paid, there is no restriction on the client to amending any services, software and/or websites supplied specifically and solely to the client.
6. Payment
- Invoices will be provided by Aidan Brown IT and are normally sent via email; however, the Client may elect to receive hard copy invoices.
- Invoices are due within thirty (30) days of receipt after which a reminder will be sent to the Client.
- If the invoice has not been settled after forty-five (45) days then Aidan Brown IT will consider the account to be in default.
- Payment for services and goods can be made by cheque / bank transfer.
- Cheques should be made payable to ‘ABIT Services Limited’ and sent to 62 Alma Road, Eccles, Aylesford, Kent, ME20 7HN
7. Default
- If the Client is in default, any further work or delivery cannot continue until said amount has been settled in full.
- Cheques returned for insufficient funds will incur an administration return charge of £30 and the Client’s account will immediately be considered to be in default until full payment is received.
- Clients with accounts in default agree to pay Aidan Brown IT reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Aidan Brown IT in enforcing these Terms and Conditions.
8. Termination
- Termination of any agreement by the Client must be confirmed in writing and will be effective on receipt of such notice. The Client will be invoiced for any unbilled work undertaken and any costs incurred to the date of first acknowledged notice of cancellation
9. Copyright
- The Client retains the copyright to the data they have supplied and to any graphic images specifically and solely produced for the Client, and grants Aidan Brown IT the rights to publish and use non-sensitive material for marketing and testimonial purposes.
- Intellectual rights, copyright, rights of use, access to and/or ownership TO services, consultancy and/or website/software changes, that have not been previously transferred to the client (see section 5), cannot be sold, transferred or passed on to any third party without the express written permission from Aidan Brown IT.
10. General
- These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment is an acceptance of our terms and conditions.
11. Warranty
- All goods and services are supplied on an ‘as seen’ basis.
- It is the clients responsibility to check and test, that anything supplied / done, is fit for the purpose(s) they intend to use it for. No warranty is given neither expressly nor implied.
- Services are supplied on a time and materials basis.
12. Governing Law
- This Agreement shall be governed by English Law.