950 PAYG Terms and Conditions

1. Definitions

In this Agreement unless otherwise stated:

1. "the service" shall mean the service(s) identified and all related Materials where applicable;
2. "Materials" shall mean resources obtained for the delivery of the site (and shall include any themes, images, music or text);
3. Your "contract period" will be a minimum of two years unless otherwise stated.

4. Singular words shall include the plural and vice versa.
5. Headings are included for convenience only and shall not affect the construction or interpretation of this Agreement.


2. Payments
1. We agree to sell and you agree to buy the Studio 950 PAYG package for the Total Cost/Cash Price and on the terms set out on our website and in the agreement we send you.
2. Under no circumstances shall we be deemed to have received payment until payment has actually been received by us in full and cleared.
3. All content remains the property of Studio 950 until the final payment has been received by us and cleared.


3. Warranties and Limitation of Liability
1. We warrant that the site will be of satisfactory quality but do not warrant that the content will be error free.
2. We warrant that we will perform any services provided hereunder with reasonable skill and care.
3. We intend to rely on the written terms set out in this agreement. If you require any changes, please ensure you ask for these to be put in writing. In that way, we can avoid any problems surrounding what we, and you, are expected to do.
4. Other than in respect of liability for death or personal injury arising from our negligence, we shall not be liable for:
• losses that were not foreseeable to both parties when this Agreement was made;
• losses that were not caused by any breach on our part; or
• business losses and/or losses to non-consumers.
5. Our liability for direct losses arising out of our negligence (other than in respect of liability for death or personal injury), breach of contract or any other cause of action arising out of or in connection with this Agreement shall be limited to the total price paid for the service as quoted overleaf.

6. Other than in respect of liability for death or personal injury arising from our negligence, we shall not be liable for any indirect or consequential loss or damage whatsoever (including without limitation any loss of profits, loss of revenue, loss of opportunity or your liabilities to third parties) which you may suffer arising out of or in connection with this Agreement.


4. Other Terms
1. No relaxation or indulgence which we may extend to you shall affect our rights under this Agreement.

2. If any part of this Agreement is held to be unenforceable the remaining terms and conditions shall continue in force.

3. All liabilities or obligations arising under this Agreement shall be enforceable against you after termination of this Agreement.s
4. You will notify us immediately in writing of any change in your address and other contact details. Any notices required to be served under this Agreement, or in accordance with the Act will be deemed properly served if sent by way of prepaid first class post to your last known address.

5. This Agreement shall be governed and construed in accordance with the laws of England and you hereby agree to submit to the non-exclusive jurisdiction of the English Courts.


5. Instalment Payments
1. You will pay the initial payment or set-up fee shown on agreement and the outstanding balance of the total cash price by the instalments and on the dates specified.
2. It is a fundamental term of the agreement that all payments should be made promptly and on time, you will be deemed to be in default if your payments are more than 30 days overdue
3. If you fail to comply with any terms of this Agreement, we shall be entitled to recover from you the reasonable costs and losses incurred by us as a result of locating you, communicating with you and collecting any unpaid sums. Such sums are payable on demand. In the event of legal action for breach of payment, you will be responsible for all costs allowable by the court if an award is made in our favour.


6. Payment
1. Invoices will be provided by Studio 950 upon completion but before publishing the live website. Invoices are normally sent via email. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.


7. Termination
1. If:
   • (a) you fail to pay any amount due under this Agreement;
   • (b) you breach any of the other terms and conditions, express or implied, of the Agreement;
   • (c) any information provided by you in the making of this Agreement proves to be incomplete or inaccurate,
   we shall be entitled, after the expiry of a Default Notice served on you, to terminate this Agreement.

2. If this Agreement is terminated you will pay us the unpaid balance of the Balance Payable, less any applicable rebate, plus all expenses, charges and costs.

Please note: by ordering any of our services or products you agree to all Studio 950 terms and conditions.