Terms and Conditions
- ‘The Company’ means Military Lives LLP, Registered in England. Company number OC404052, Registered Office of Forum House, Stirling Road, Chichester PO19 7DN.
- ‘The Customer’ means the person who purchases goods or services from The Company.
- ‘The Proposal’ means an outline of works to be provided to The Customer by The Company, including a quotation of costs.
- ‘Services’ means any services outlined in The Proposal.
- ‘Terms and Conditions’ means the terms and conditions set out within this document, or any special terms agreed in writing between The Company and The Customer.
- ‘The Project’ means the Services and goods outlined within the Proposal.
- These Terms and Conditions shall apply to all contracts for the supply of goods and services by the Company to the Customer, and shall prevail over any previous or other documentation or communications.
- Any amendment to these Terms and Conditions shall not be applicable unless agreed in writing by The Company.
- Nothing in these Terms and Conditions shall affect the Customer’s statutory consumer rights.
- Nothing in these Terms and Conditions shall prejudice any warranty or condition, whether expressed or implied, or any legal remedy to which the Company may be entitled, in relation to the Services, by virtue to any statute, law or regulation.
- The Proposal
- Any proposal requested by the Customer shall be valid for a period of thirty (30) days from the date of the proposal.
- By placing an order with the Company, the Customer shall be deemed to have accepted all the terms of the Proposal, which cannot then be changed.
- The price for the services provided by the Company is as specified within the Proposal and shall be paid for in the manner designated within said Proposal.
- If the Customer fails to make a designated payment within 14 days of its due date, the Company shall reserve the right to charge interest at the rate of eight (8) per cent per month.
- If the Customer fails to make a designated payment within 14 days of its due date, the Company reserves the right to cease work on the Project until the outstanding amount(s) is paid.
The final date of delivery of the Project will be estimated within the Proposal. The Company shall not be liable for any loss, costs or damages, charges or expenses incurred by the Customer as a result of any delay in delivery of the Project.
- The Customer’s Obligations
- The Customer will provide the Company with any information reasonably required under the terms of the Proposal, on the dates requested.
- The Customer will ensure that the Project contains nothing blasphemous, libellous or otherwise unlawful and will not request that the Company infringe the copyright or any other rights of any third party.
- The Customer will keep the Company fully indemnified against all losses and all actions, claims, proceedings, costs and damages (including any damages or compensation paid by the Company on the advice of its legal advisers and after consultation with the Customer to compromise or settle any claim) and all legal costs or other expenses arising out of any breach of the above warranties, or out of any claim by a third party based on any facts, which if substantiated, would constitute such a breach.
- The Customer will obtain all necessary permissions, licenses and consents that may be required before the commencement of the Project. Any costs for this will be born by the Customer entirely.
- All warranties and indemnities herein contained shall survive the termination of the contract between the Customer and the Company.
- The Company’s Obligations
- The Company warrants that the Project will be finished to an agreed standard, according to the description within the Proposal.
- The Company shall perform the Services outlined within the Proposal in accordance with recognised standards and codes of practice.
- The Company shall take due care of all materials belonging to The Customer while they are in their possession, but they shall not be responsible for any loss or damage to any part of the Project, while it is in their possession, or in the course of production, or in transit, or otherwise.
- Cancellation and Refunds
- The Customer may cancel a Project by notifying the Company in writing, within fourteen days or placing their order. A full refund will be made, but if work has already begun on the project, a percentage of the initial payment will be retained to cover the cost of the work undertaken.
- If a Project is cancelled after the time specified in Clause 8.i above, no refund of any monies paid shall be made, and additional payment may be due to cover work that has been carried out, as specified in the Proposal, up to the date of cancellation.
- The Company reserves the right to cancel the Project at any time. The Customer will be refunded for payment(s) made, less any amounts for work that has already been carried out under the terms of the Proposal.
- Royalty Payments
- Royalties shall be paid by the Company on sales of books, less all costs of production of said book, including but not limited to printing, distribution and postage, at the rate shown in the Proposal.
- Royalties shall be calculated once per year. The accounting period is 1st January to 31st December. Royalties are calculated and notified one month after the accounting period ends, and payments made 30 days after notification.
- Royalties shall not be payable on samples, promotional, review or advertising copies of the Project used for marketing purposes or on any stock disposal to a third party retailer. Nor will any royalties be paid on copies of the Project sold directly by the Customer.
- Limitation of Liability
- Nothing in these Terms and Conditions shall exclude or limit the liability of the Company for death or personal injury, however, the Company shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Project.
- The Company shall not under any circumstances be liable to the Customer, or any third party, for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer however caused, as result of any negligence, breach of contract, misrepresentation, or otherwise.
- For the avoidance of doubt, time shall not be of the essence and the Customer shall incur no liability to the Customer in respect of any failure to complete the Project by any agreed completion date.
- Force Majeure
- If either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control (including but not by of limitation war national emergency flood earthquake strike or lockout (other than a strike or lockout induced by the party so incapacitated) the party unable to fulfill its obligations shall immediately give notice of this to the other party and shall do everything in its power to resume full performance.
- If the period of incapacity exceeds six months then this Agreement shall automatically terminate unless the parties first agree otherwise in writing.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
- Proper Law and Jurisdiction
These Terms and Conditions shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
The headings in these Terms and Conditions are for convenience only and shall not affect its interpretation.
Copyright: ©2016 Military Lives LLP. Last updated: 14th June 2016.