1. DEFINITIONS

“Client” means any person to whom Company has agreed to supply Goods or Services

 “Contract” means the contract for the supply of goods and/or services by the company to the Client which Contract shall be governed by these terms and conditions of business

“Goods” means any Goods which the company supplies to the Client under the Contract

“Intellectual Property Rights” means patents, trade marks, service marks, registered designs, applications for any of the foregoing, copyright, database, sui generis rights, moral rights, know-how, confidential information, trade or business names and any other similar protected rights in any country

“Company” means Captive Broadcast limited trading as Captive Internet

“Services” means any Services provided by the Company in accordance with a Contract “Conditions” means these terms and conditions including any amendments and variations made in accordance with the terms herein

“Deposit” means the sum (if any) specified by the  Company as payable by the Client to the Company prior to the delivery of Goods or prior to the provision for any Services.

2. QUOTATIONS

Any quotation provided by Company shall not constitute an offer and is to be considered as an invitation by the Company to supply Goods and/or undertake Services subject to certain terms and conditions including without limitation these Conditions. Any acceptance of a quotation (whether by submission of a purchase order or otherwise) shall constitute an offer and no binding Contract shall arise unless or until such offer is accepted by the Company and where it is a condition to do so that the Deposit is paid. The Contract so created shall be governed by these Conditions.

3. CONDITIONS

These conditions shall be incorporated into and form part of any Contract between Company and Client to the exclusion of all other terms and conditions including any terms or conditions which the Client may purport or stipulate to apply by any other document or otherwise. No variation to these Conditions shall be binding unless agreed by the Company in writing.

4. CANCELLATION

The Contact may only be cancelled or suspended if agreed by the Company and on terms that the Client indemnifies the Company in full against all losses costs and expenses incurred by the Company as a result of such cancellation or suspension such sums to be an immediate debt due from the Client. If the Contract is cancelled any Deposit will be forfeited

5. CHARGES AND DEPOSIT

The charge for the Goods and Services shall be that stated on any quotation or where no charge is quoted or where a quoted charge is no longer valid the charge communicated by the Company to the Client from time to time.

5.1 The Company may increase the charges at any time without prior notification to the Client as a result of any error inadequacy permission or infringement in any specifications instructions or design provided by the

Client or a third party on its behalf or any modifications carried out by the Company

5.2 The charges are exclusive of value added tax and all other expenses incurred in connection with the provision of the Services and the delivery of the Goods for which the Client shall be additionally liable

5.3 The Company may by giving notice to the Client at any time up to 7 days before delivery of any Goods or prior to the performance of any Services increase the charges to reflect any increase in the cost to the Company which are due to factors occurring after the making of the Contract which are beyond the reasonable control of the Company. The Client may cancel the Contract within 3 days of any such notice.

5.4 The Company shall return any Deposit paid where the Client has cancelled the Contract under sub clause 5.3 but shall not be liable for any other loss or damage arising from such cancellation

6. PAYMENT

The Company shall be entitled to invoice the Client at any time after the Contract has been made and in the case of Goods either before or after delivery of the Goods or in the case of the supply of Services on or at any time after the commencement of the Services.  Unless otherwise agreed, all payments shall be made in pounds sterling.

6.1 The Client shall pay the charges in full together with any value added tax and other expenses (without set-off or counterclaim) within [14] days of the date of the invoice unless otherwise agreed in writing. Time of payment shall be of the essence.

6.2 If a Deposit is required and is not paid when the acceptance of this quotation has been made by the Company under clause 2 the Company may request the payment of a deposit by a specific date pending delivery of the Goods and/or the completion of the Services

6.3 If the Client fails to make any payment by the due date without prejudice to any other rights or remedies the Company shall be entitled to(a) The Company shall have the right to cancel the Contract or suspend or continue rendering the Services at the Company's option without prejudice to the Company's rights to recover damages for any loss sustained by the Company (b) Company shall pay interest on the outstanding sum from the date on which payment was due to that on which it is made (whether before or after the cancelling) calculated on a daily basis at a rate of 3% above bank base rate, in accordance with the Non Payment of Commercial Debts (Interest) Act 1998, and shall reimburse to the Company all costs and expenses (including legal costs) in connection with any overdue amount.(c) The whole or the balance of the price of the invoice in respect of all or any other contracts between the Company and the Client already invoiced shall immediately become due and payable.

6.4 The Company shall not entertain queries in respect of the invoice unless the Client has notified the Company of the same in writing within seven days of the invoice date.

6.5 The Client has no right of deduction or set off.

6.6 The Client will fully indemnify the Company against any loss expense or claim it may incur in the Company ordering Goods or Services on the Clients behalf and the Client warrants that he will satisfy the cost of such Goods or Services order in accordance with the suppliers terms of payment.