TERMS OF SERVICE

STATEMENT OF WORK & CONTRACT
Updated 11th May 2020 

Any services rendered will be outlined with a specific scope of work, and will have a detailed terms of services. For general purposes, below are our terms of service. All services will be provided under the Space Mark Lab Ltd, a registered company in England and Wales, company number 08599778. For the purpose of below, “Us” refers to Tez Patel, Space Mark Lab Ltd, and “you” refers to the Client requesting the the project.

1.0 SERVICES RENDERED


A project scope will set for each project. You’ll have two or more opportunities to review our work and provide feedback. If, at any stage, you’re not happy with the direction our work is taking, you will pay us in full for everything we’ve produced up to that that point and then cancel this contract.


1.1 Errors

We can’t guarantee that our work will be error-free (we’re human!) so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. 

2.0 MUTUAL COOPERATION
We agree to use our best efforts to fulfill and exceed your expectation on the deliverables listed above. You agree to aid us in doing so by making available to us needed information pertaining to your website and to cooperate with us in expediting the work.
 

3.0 CHARGES FOR SERVICES PERFORMED
 

3.1 Requests above and beyond those listed in the budget may be considered out-of-scope and an amendment to the budget will be recommended. Projects that go dormant for longer than 45 days will require payment in full for everything we have produced up to that point, and may incur a fee to re-initiate the project at the discretion of Space Mark Lab Ltd.

4.0 TERMS OF PAYMENT 

4.1 Billing Schedule 

Space Mark Lab are a small boutique agency and as such as have created a manageable billing schedule that reflects both our business sizes as well as the COVID 19 situation. We would like to maintain a positive working relationship and keep the project moving forward as per the milestones and payment schedule. 

Space Mark Lab Ltd will invoice the client for a retainer of the initial fees at point of this signed contract agreement which will act as the deposit. The remaining bill schedule will be billed as per milestones outlined in this document. Clients will supply Space Mark Lab Ltd with all necessary purchase order numbers and other internal information required for invoice processing before the close of the month of work (if applicable).


4.2 Client Agreement to Pay 

You agree to pay our initial (1st) invoice upon receipt which will act as a deposit for the project. Every invoice after that will have 7 day payment terms. In the event payment is not made within 7 days, Clients will charge a late payment fee of 1% per month on any overdue and unpaid balance not in dispute, to cover the manpower, interest, and other costs Space Mark Lab Ltd pays for carrying overdue invoices from the Client. In addition, Space Mark Lab reserves the right to stop work until payment is received. 

4.3 Collection Costs 

In the event that we incur legal fees, costs and disbursements in an effort to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.

5.0 CANCELLATION OF PLANS 

You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimize such costs and expenses. 

6.0 RESPONSIBILITIES OF SPACE MARK LAB LTD 

6.1 Space Mark Lab’s Responsibility for Releases 

We shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted materials, photographs, art work or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable). 

6.2 Client Responsibility for Releases 

You guarantee that all elements of text, images, or other artwork you provide are either owned by your good selves, or that you have permission to use them. 

Then when your final payment has cleared, copyright will be automatically assigned as follows: 

You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them. 

7.0 CONFIDENTIALITY 

Space Mark Lab acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by Space Mark Lab on behalf of clients or disclosed by clients to Space Mark Lab.

8.0 TERM AND TERMINATION 

8.1 Period of Agreement and Notice of Termination 

This Agreement shall become effective as of Not yet accepted and shall continue until terminated by either party upon not less than 30 days’ notice in writing given by either party to the other. 

8.2 Payment for Non-Cancelable Materials 

Any non-cancelable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, photography and/or external services) shall be paid for by you, in accordance with the provisions of this Agreement. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. We will provide written proof, upon request of the client, that any such materials and services, are non cancelable. 

8.3 Materials Unpaid For 

If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services. 

9.0 GENERAL PROVISIONS


9.1 Governing Law 

This Agreement shall be governed by, and construed in accordance with the law of England and Wales.