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Page 1 of 4 Twisted Tree Publishing LimitedGeneral Terms and Conditions of Trading 1.Denitions and Interpretation
1.1 The following words and phrases shall have the following meanings (except where the context otherwise requires):
- “Client” means the company which engages Twisted Tree Publishing Ltd to perform the Services;
- “Charges” means any sums payable by the Client pursuant to the performance of the Services;
- “Commencement Date” means the date on which the Client engages Twisted Tree Publishing Ltd to perform the Services;
- “Conditions” means these terms and conditions and any appendices or amendments thereto;
- “Contract” means any agreement for the performance of Services resulting from an Order by the Client;
- “Client Material” means all material provided by the Client to Twisted Tree Publishing Ltd for the performance of the Services which is protected by Rights;
- “Commissioned Material” means all material the creation of which is commissioned by Twisted Tree Publishing Ltd on behalf of the Client in provision of the Services pursuant to these Conditions;
- “Existing Material” means any material protected by Rights, whether created by a third party or by Twisted Tree Publishing Ltd (but not by the Client) and in existence at the time it is desired to make use of it for the performance of the Services;
- “Order” means a purchase order or other formal notication produced by the Client (in whatever form, including e-mail(s) and/or any attachments) which conrms acceptance of Twisted Tree Publishing Ltd’s Quote and outlines the Services to be performed;
- “Quotation” or “Quote” means a quotation produced by Twisted Tree Publishing Ltd, detailing the Services and which constitutes an offer to the Client and which is accepted on these Conditions unless expressly agreed otherwise by the parties and conrmed in writing;
- “Records” means such accounts and records maintained by Twisted Tree Publishing Ltd of all expenditure which is reimbursable by the Client under these Conditions and as are reasonably necessary for the purpose of enabling the Client to conduct an audit of that expenditure;
- “Rights” means any copyright, extended or revived copyright, design right, registered and unregistered design right, patent, performer’s property right, trade mark, database right or any similar right exercisable in any part of the world, including any application for registration of any patent, trade mark, registered design or similar registerable rights in any part of the world;
- “Twisted Tree Publishing Ltd” means any personnel in the direct employ of Twisted Tree Publishing Ltd for the performance of the Services but shall not be extended to include any sub-contractors, partners or agents;
- “Twisted Tree Publishing Ltd Material” means all material created by Twisted Tree Publishing Ltd for the Services, provided that it is approved by the Client and incorporated into its products;
- “Services” means those services performed by Twisted Tree Publishing Ltd for the Client pursuant to an Order or an accepted Quote and which may be specied further as agreed between the parties from time to time as may be the case;
- “Term” means the period of time for which Twisted Tree Publishing Ltd is engaged to perform the Services;
1.2 In these Conditions (except where the context otherwise requires) the clause headings are included for convenience only and shall not affect the interpretation of these Conditions, use of the singular includes the plural and vice versa and the use of any gender includes the other genders.
1.3 References to any statute or statutory provision include a reference to that statue or statutory provision as from time to time amended extended or re-enacted and to any subordinate legislation made from time to time under that provision.
1.4 Unless specically expressed otherwise, “includes” and “including” shall be without limitation to the examples following.
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