I need to hand over a database of customer information, including names and addresses, to the web developer. How does the agreement treat this kind of personal data transfer?
The standard and premium T&Cs include a data processor clause. Under English law, where a data controller transfers personal data to a data processor, certain criteria must be fulfilled for the transfer to be lawful. The purposes of the data processor clause is to help fulfil those criteria - although the clause will not be sufficient in every case, and you should take legal advice if you are unsure of your obligations in respect of a data transfer.
What does the charges and payment clause in these terms and conditions cover?
The clause is fairly standard. It defines the conditions under which the developer may issue invoices, and specifies that the customer will have an obligation to pay such invoices within a specified period (eg 14 or 30 days). The dates or timetable for the issuing of invoices should be set out in the schedule.
The clause also includes a provision clarifying that all statements of the charges are assumed to be exclusive of VAT, unless the context suggests otherwise.
The method or methods by which payment should be made made are defined. For instance, you could specify that payments must be made by debit or credit card, bank transfer or cheque.
Where a payment is not received by the due date, the customer will usually be in breach of contract. In addition to a right to sue for the charges, the template includes a clause allowing the developer to claim interest on overdue charges. Interest may be at a defined rate or at the rate set out in the Late Payment of Commercial Debts (Interest) Act 1998.
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