Please note these T&Cs:
All services supplied by TMWSecretarial Services (thereafter referred to as the Company) are subject to the following conditions which shall prevail over all conditions specified by the Client to the extent that the latter conflict or are inconsistent with them.
DEFINITIONS
(a) 'Conditions' means conditions of services
(b) 'Services' means the services hereby accepted by the Company
(c) 'Work' means the work as subject by the services obtained
(d) 'Client' means the party placing requesting the services
PRICES
The costs for the services to the Client are subject to any increase by the Company without notice, the cost of such Services becoming effective before commencement of the Work which will be invoiced at prices ruling at the date of collection. Costs are subject to VAT at prevailing rate at date of issue. Registration No. 835 1498 15.
DELIVERY/COLLECTION
There will be no collection by the Company, unless agreed previously with Client at outset and within reasonable distance. Delivery of Work will be expected to be delivered and collected by the client at all times, unless requested to be returned via means of e-mail, postal / courier method (cost to be included in final invoice).
RESERVATION OF TITLE
(a) The acceptance by the Company of any Services for Work shall constitute an agreement to carry out the Work.
(b) The Company has the right to cease temporarily, Work, where payment for Services has not arisen, until such time as payment is received, unless previously agreed otherwise with Client at outset.
(c) The Company has the right to decline handover of completed Work until such time payment has been received, unless previously agreed otherwise with Client at outset.
(d) The company has the full ownership right to all backed up documents.
(e) The client does not have the right to copies of backed up work, nor access to files, unless agreed
otherwise with Client at outset.
(f) Services can be terminated by the Company without explanation, unless in circumstances of a severance notice period agreement being completed.
INTELLECTUAL PROPERTY RIGHTS
Intellectual Property Rights – A Primer
Intellectual Property Rights (IPR), very broadly, are rights granted to creators and owners of works that are results of human intellectual creativity. These works can be in the industrial, scientific, literary and artistic domain. It can be in the form of an invention, a manuscript, a suite of software, or a business name.
In general, the objective of IPR is to protect the right of a copyright author in his work and at the same time allow the general public to access his creativity. IPR maintains this balance by putting in place time-limits on the author’s means of controlling a particular work. The law that regulates the creation, use and control of the protected work is popularly known as Intellectual Property Law (IP).
COPYRIGHT
A work will qualify for copyright protection if:
- It is of a type protected by copyright under the Act (See below).
- It is recorded in some form – e.g. in writing, by a sound recording, on a computer disk, or in a printed form.
- The creator is a British citizen or that the work was first published in the UK.
- The work meets the requisite degree of originality. A work is original if adequate skill, labour and judgment is expended on creating it.
The types of copyright works are broadly categorised into:
- original literary, dramatic, artistic or musical works,
- sound recordings, films or broadcasts and
- the typographical arrangement of published editions.
Literary work also includes
(a) a table or compilation other than a database,
(b) a computer program,
(c) preparatory design material for a computer program and
(d) a database.
Copyright Ownership - Who owns what in a Copyright work?
Copyright ownership can arise automatically or by means of transfer of ownership through an assignment, assignation or licence.
Copyright owner: The first owner of copyright in a work is the person who created the work. Joint ownership may arise where more than one author is involved in creating a work.
Copyright ownership in computer generated works: In the case of computer generated works, the creator is the person by whom the arrangement necessary for the creation of the work is undertaken.
Copyright ownership within FE and HE: The beneficiaries of copyright ownership in FE and HE can be its staff (lecturing, research, general), outside contractors or students. Copyright maybe owned by the staff on lecture notes or teaching materials either as a sole author or jointly with outside contractors and the students may own copyright in data collected for writing papers.
Copyright ownership in collaborative research: In the case of collaborative research partnership between FE and HE institutes and an outside partner copyright ownership can be held jointly. It is often the case that an agreement regulates this partnership and so ownership rights are distinguishable.
Infringement of Copyright
When is a work infringed? Copyright is said to be infringed when one of the exclusive rights of an author is performed by a party without the consent or authorisation of the author. This infringement is called primary infringement. Providing accessories for infringing the exclusive rights or assisting in the making or distribution of infringing copies is also treated as an infringement and is referred to as secondary infringement.
PAYMENT
(a) Payment will be by invoice [14 day payment terms] unless a retainer account is in operation or payment is made by CASH.
(b) To qualify for a retainer account, the Client must have a turnover of £2,500.00/pa with the Company.
(c) Where payment is made by CASH, payment is expected upon collection of work or weekly, whichever is the earliest.
(c) Account payments are STRICTLY 14 days nett, 7 to qualify for a discount (at our discretion).
(d) Any account outstanding beyond our credit terms of reference will be passed out of hand to a debt recovery agency of our choice and will be subject to a surcharge not exceeding fifty pounds to cover the cost incurred; such accounts will also be subject to any other cost incurred in obtaining settlement, unless agreed otherwise with Client at outset.
(e) Interest at 6% per month may, at the discretion of the Company, be added to all overdue accounts.
(f) All Work carried out will remain the property of the Company until the fees due are paid in full and the Client shall remain a bailee only until payment has been made.
(g) Any complaint relating to an invoice or items contained on the invoice must be notified by the Client to the Company in writing within 7 days of the date of the invoice.
(h) The Company reserves the right to remove all discounts, however given, on overdue accounts.
LIABILITY
The Company shall not be liable for any consequential or special loss arising out of any breach of condition, warranty or contract on the part of the Company in respect of the Services. The Company's liability for any such breach shall be limited to their nett invoice value or (at the Company’s discretion) to replacement of the Work. The Company shall not be liable in any way, shape or form in the conduct of carrying out such services as bookkeeping/accounting in respect of fraudulent claims of VAT and Tax through their request of data entry and it is the client who is responsible at all times.
LAW
The contract formed by the Services carried out and this acceptance shall be governed by and construed in accordance with English Law. Any disputes arising out of these Conditions shall be submitted exclusively to the jurisdiction of the English Courts.
Tesla House, Hartland Road, Reading, Berkshire, RG2 8AB
National Business Register Registration Number: 2264263
TMW secretarial services offer a wide range and services ranging from virtual assistant services, email fax outsourcing and bulk mailing outsourced to us. This cover the whole of the UK and beyond. We also provide web research and web researching on behalf of our clients, proofing, proofing services for proof reading, database management in the UK. We are also an email bureau and fax bureau. If there is something here that is not mentioned then please do not hesitate to call us on 0845 201 1635
