TERMS AND CONDITIONS
Application and entire agreement
1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by Seb
Zielinski trading as MPS Media of 34 Milverton Road, Coventry, West Midlands, CV2 1LZ (we or us or Service
Provider) to the person buying the services (you or Customer).
2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any
performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the
Contract) are the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our
behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate,
or which are implied by trade, custom, practice or course of dealing.
Interpretation
4. A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.
5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
6. Words imparting the singular number shall include the plural and vice-versa.
Services
7. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the
quotation, including any specification in all material respects. We can make any changes to the Services which are
necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
8. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set
out in the quotation; however, time shall not be of the essence in the performance of our obligations.
9. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
Your obligations
10. You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any
and all relevant information, materials, properties and any other matters which we need to provide the Services.
11. If you do not comply with clause 10, we can terminate the Services.
12. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the
provisions of this section (Your obligations).
Fees and Deposit
13. The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.
14. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to,
travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third
parties and required by us for the performance of the Services, and c) the cost of any materials required for the
provision of the Services.
15. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with
our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed
between us. The provisions of clause 14 also apply to these additional services.
a.
b.
16. The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any
competent authority.
17. You must pay a deposit ("Deposit") as detailed in the quotation at the time of accepting the quotation.
18. If you do not pay the Deposit to us according to the clause above, we can either withhold provision of the Services
until the Deposit is received or can terminate under the clause below (Termination).
19. The Deposit is non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure
is not our fault, no refund will be made).
Cancellation and amendment
20. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started,
within a period of 4 days from the date of the quotation, (unless the quotation has been withdrawn).
21. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
22. If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use
reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to
you.
23. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a
party's control), we have to make any change in the Services or how they are provided, we will notify you
immediately. We will use reasonable endeavours to keep any such changes to a minimum.
Payment
24. We will invoice you for payment of the Fees either:
when we have completed the Services; or
on the invoice dates set out in the quotation.
25. You must pay the Fees due within 7 days of the date of our invoice or otherwise in accordance with any credit terms
agreed between us.
26. Time for payment shall be of the essence of the Contract.
27. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out
above, we will charge you interest at the rate of 5% per annum above the base lending rate of the Bank of England
from time to time on the amount outstanding until payment is received in full.
28. All payments due under these Terms and Conditions must be made in full without any deduction or withholding
except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to
justify withholding payment of any such amount in whole or in part.