These Terms and Conditions apply to the provision of Blueprint services detailed in our Blueprint brochure (Services) by Plume LTD (Plume, us, we) a company registered in England and Wales under number 09324153 to the person or entity buying the services (you, You)).
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.
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.
Terms and conditions
1. Services and Payment. Plume agrees to undertake and complete the Blueprint Services (as defined in the Blueprint brochure) in accordance with and on the schedule agreed in previous correspondence. As the only consideration due Plume regarding the subject matter of this Agreement, You will pay Plume in advance of work undertaken.
2. Warranty. Plume warrants that: (i) the Services will be performed in a professional and workmanlike manner and that none of such Services or any part of this Agreement is or will be inconsistent with any obligation Plume may have to others; (ii) all work under this Agreement shall be Plume’s original work and none of the Services or Inventions or any development, use, production, distribution or exploitation thereof will infringe, misappropriate or violate any intellectual property or other right of any person or entity (including, without limitation, Plume); (iii) Plume has the full right to provide the You with the assignments and rights provided for herein; (iv) Plume shall comply with all applicable laws and safety rules in the course of performing the Services and (v) if Plume’s work requires a license, Plume has obtained that license and the license is in full force and effect.
3. Termination. If either party materially breaches a material provision of this Agreement, the other party may terminate this Agreement in writing via email with immediate effect. Either party may terminate this agreement no later than 24 hours after the conclusion of the second workshop and prior to the delivery of any materials, with or without cause. Sections 2 (subject to the limitations on Section 2 stated therein) through 7 of this Agreement and any remedies for breach of this Agreement shall survive any termination or expiration.
4. Assignment. This Agreement and the services contemplated hereunder are personal to Plume and Plume shall not have the right or ability to assign, transfer, or subcontract any obligations under this Agreement without the written consent of You. Any attempt to do so shall be void.
5. You, your business and any related parties must not directly or indirectly contact or deal with any individuals or organisations that we have involved in your project for the purpose of avoiding payments to us.
6. Refunds. Upon any termination, We shall refund You any prepaid fees up to the value of £3000. Prototype design and services provided outside of the deliverables outlined in the Brochure arew non-refundable. In no event shall any termination relieve You of the obligation to pay any fees payable to Us for the period prior to the effective date of termination or for additional services provided.
7. Miscellaneous. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. No changes or modifications or waivers to this Agreement will be effective unless in writing and signed by both parties. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement shall be governed by and construed in accordance with the laws of the state of the United Kingdom without regard to the conflicts of laws provisions thereof. Any legal action or proceeding relating to this Agreement shall be brought exclusively in the United Kingdom and each party consents to the jurisdiction thereof. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. Headings herein are for the convenience of reference only and shall in no way affect the interpretation of the Agreement. This Agreement constitutes the complete and exclusive agreement between the parties concerning its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter described herein.