CarlNixon.com is a trading name of Carl Nixon.
Please note, additional or alternative terms and conditions can be negotiated on a project by project basis. If additional or alternative terms and conditions are not agreed in writing prior to the project starting, the terms and conditions below will apply.
This is a reference copy of our standard terms and conditions and is provided as a guide only. The terms and conditions that will apply to your project will be attached to your invoice and should be reviewed independently of these terms and conditions.
Payment of the invoice, either in part or in full, indicates your full acceptance of the terms and conditions attached to that invoice.
In these Terms and Conditions, the following definitions apply;
- Project – Means the work to be carried out for the client by the supplier.
- Client – Means (the person, firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985) for whom the project will be carried out for.
- Supplier – Means Carl Nixon (T/A and CarlNixon.com ) of 83 Miskin Road, Tonypandy, Rhondda Cynon Taf, CF40 2QW.
- Quotation – Means a document outlining a proposed solution for the client’s requirements. This will include the terms and conditions of the project.
General Terms and Conditions
The client’s payment of an invoice (either in part or in full) indicates the client’s full acceptance of the invoices attached terms and conditions.
These terms and conditions will override any previously indicated terms and conditions in any quotations, estimates or in any other communications from the supplier.
Any variation to these terms and conditions are to be agreed in writing and signed by both the client and the supplier before they come in to affect.
Quotations by the supplier will not form a part of the applied terms and conditions unless expressly stated in this invoice.
Quotations will automatically expire 30 days after issuing. At which point the supplier can agree to either extend the period the quote is valid for or requote for the work.
Quotations and estimates are provided with a copy of our latest terms and conditions, but these may change between the quotation being issued and the invoice being issued. It is the client’s responsibility to check that they accept the terms and conditions attached to the invoice and not the quotation.
Any indicated turnaround times or completion times indicated in a quotation are indicative only. The final turnaround / delivery times are subject to delays caused by;
- Changes requested by the client.
- Delays caused by the client (see section on ‘Client Delays’).
- Delays in providing information and/or data from the clients.
The supplier can provide the following types of quotations;
Fixed Price Quotations.
This will be a fixed price quotation for the whole project. This type of quotation is based on the time the supplier estimates that the project needs to complete. This price will not vary if the project over runs due to technical issues. Any additional work carried out by the supplier as a result of requests from the client or as a result of an incomplete original specification, will be charged for under a separate quotation and invoice.
If a price is not agreed to prior to the additional work being completed, the work will be charged for at the supplier’s full hourly rate.
Hourly Rate Quotations.
For projects that are harder for the client to provide an initial specification for, we will provide an estimate based on the number of hours we predict the project will take. This will be based on the details provided up until that point.
This quotation is not fixed in anyway and the amount to be charged by the supplier may vary up or down.
Phased Estimate Quotations.
On larger scale projects or projects that are more complicated, we may provide a phased estimate or quotation. The supplier will carry out the project in phases and at the end of each phase, the client can decide if the project should continue to the next phase or not. Each phase will be treated as separate mini project with the same payment terms as a full project.
Due to the nature of development work, any completion times indicated in quotations, invoices and other communications are provided as indications of the expected completion time only unless expressly stated otherwise. Completion times will vary due to factors including;
- The client making changes to the original specification
- The client delaying responses to communications.
- The client failing to provide any additionally requested data or information.
- Unforeseen technical issues.
- Compatibility issues with client’s other software and/or systems.
If the client cancels the project, they agree to pay full amount of the project including any outstanding balances.
If the supplier is required to work at the client’s site, the following additional terms and conditions will apply.
On Site Work (In the United Kingdom).
If work is to be carried out at a client’s UK premises, the client will pay all of the supplier’s accommodation, transport and sustenance costs in full. These costs will be invoiced for independently of the main project.
The supplier will invoice the client for these costs as soon as possible after incurring the costs. The client will then have 7 days to pay the invoice in full.
On Site Work (Outside of the United Kingdom).
If work is to be carried out at a client’s premises outside of the UK, the client is to pay for all transport and accommodation costs in advance. This can be done in two ways.
- The supplier will research the cost of transport and accommodation before invoicing the client. The client will then need to pay this invoice in full and as soon as possible in order that the supplier can book the accommodation and transport.
- The client can book and provide the transport and accommodation directly.
The client is to also pay the suppliers sustenance costs in full. The supplier will invoice the client for sustenance costs as soon as possible after incurring the costs. The client will then have 7 days to pay the invoice in full.
When the supplier receives an order from the client, the supplier will issue an invoice for the full amount.
The client is required to pay a 50% deposit (minimum of £400) prior to any work starting on the project. For orders under £400 payment in full is required in advance.
The balance for the main project is to be paid immediately when the project is signed off (see section on project delivery).
Late payment of invoices for phases of a phased project or for invoices for transport, accommodation and sustenance costs will result in further work on the project being delayed until the payment is received. This will be treated as a delay caused by the client and can result in the supplier cancelling the project (see “Client Delays” section)
If any payment is late, we will charge the full late payment fees allowed to us. We reserve the right to pass any outstanding debts to a collection agency without any further notice.
The supplier reserves the right to use “locking” software that will automatically lock the client out of the project after a set period. Once locked the project can only be unlocked with a digital key from the supplier. The supplier reserves the right to withhold the digital key from the client until payment has been received in full.
We accept payments by BACS, electronic transfer or PayPal.
Payment by credit card can be made via PayPal. If the client makes payment via PayPal, the client is responsible for ensuring the amount withdrawable from PayPal by the supplier is the full invoiced amount. As a result, the client is to pay all the PayPal fees needed to ensure the amount withdrawable by the supplier is the full invoiced amount.
If payment is made from a bank account outside of the United Kingdom, the client is responsible for ensuring the amount received by the supplier is the full invoiced amount. As a result, the client is to pay all the banking and foreign exchange fees needed to ensure the amount received by the supplier is the full invoiced amount.
If the client introduces a delay of 14 days or more this may impact on any indicated completion times for the project, as the supplier may already have allocated time to another client.
If the client introduces a delay of 30 days or more, the supplier reserves the right to carry out the following actions without any further notice.
- Cancelling the project.
- Retain any payments made to that point.
- Charge for additional work if the amount of work already completed exceeds the amount of work paid for by the client up to that point.
A client is deemed to have introduced a 30-day delay if;
- The client takes longer than 30 days to pay any invoice. This includes invoices for phased stages, invoices for expenses for working on site, invoices for attending site meetings and invoices for other projects.
- The client fails to respond to communications or requests for information within 30 days.
- The client fails to provide feedback on any testing requested by the supplier (See section on Development and Testing) within 30 days of it being requested.
- The client fails to provide any additional information or data requested by the supplier within 30 days of it being requested.
If the client requires more than 30 days for any of these tasks the client will need to obtain the agreement of the supplier prior to the delay. An arrangement cannot be made after the delay has started.
If both the supplier and the client agree to reactivate a project after a cancellation a reactivation the following will apply;
- A reactivation fee of either 20% of the project total cost or £400 (which ever the greater) will be immediately payable by the client.
- The supplier is entitled to reschedule remaining payments. This may include an immediate payment of a percentage of any remaining outstanding amount or all of the outstanding amount.
Development and Testing
During the development of the project, the supplier will provide the client with beta copies of the project at various stages. The beta copy will contain some or all the features needed in the project.
Beta copies will be supplied to the client with details of the testing needed to be carried out by the client. On receipt of the beta copy the client will provide the following feedback;
- Details on if the project is performing as expected including details on any issues / bugs found.
- Details of any changes required to the new features.
- Details of any design changes required.
- Any additional details the client thinks the supplier needs.
If the client identifies any issues as a result of the original specification being incorrect, they are to notify the supplier as soon as possible.
The number of times a new beta copy is issued to the client for testing depend on the size and complexity of the project.
It is the client’s responsibility to fully test the beta copies and identify any issues.
The supplier accepts no responsibility for any financial or physical loss incurred by the client because of any issues or bugs missed by the client during the development and testing phase.
Beta copies are often incomplete products and untested, and as a result the client is not to use beta copies as the final product. It is the client’s responsibility to ensure beta copies do not end up in use in their business. The supplier will not fix any issues or bugs in beta versions that have been used as the final product.
All bug fixing is free for the first year if the bug is because of the suppliers programming. If a reported bug is because of the client using the tool incorrectly or inputting incorrect data, then the client will be charged for any investigation work.
If a bug is as a result of an incorrect original specification, any repair work will be charged for at an hourly rate.
The supplier accepts no responsibility for financial or physical loss because of any bugs or issues found with the programming.
When the final beta version is confirmed as being complete by the client, the client will be asked to confirm their acceptance of the project as being completed by email. When this confirmation is received the project will be classed as “signed off”.
Once the project is “signed off” the client’s final payment becomes due immediately and the “Free Tweaking” period starts.
Once the final payment has been received, the client will be provided with a fully unlocked version of the project. The client will be provided with any additional development files created during the development.
60 Days of Free Tweaking
After the client signs off the project, a free 60-day tweaking period starts. During this period, we will make the following kinds of changes for free;
- Minor changes to layout.
- Minor changes to validation.
- Minor changes that do not impact on the original specification of the project.
The free tweaking period does not cover anything that changes the original specification of the project.
Although the tweaking period will start on the day the project is signed off, no tweaking work will be carried out until the final payment has been received in full.
Data Security and Third-Party Software
As standard we use the following software for communicating and sharing data with our clients. If the client requires us to use alternative services, we are happy to do so. Before using any of these channels of communications it is the client’s responsibilities to study and agree to the individual company’s terms and conditions and privacy policies. If the client has any objections to their terms and conditions and/or privacy policies, they are to notify the supplier as soon as possible.
Further information on our use of these packages is available on request.
If either the supplier or the client wishes to use other software, they are to make the other party aware prior to using it on the project.
Non-Disclosure Agreements and Confidentiality Agreements
The supplier will sign any relevant non-disclosure or confidentiality agreements required by the client.