4.1 The Client will pay the Project fees set out in the Project Specification (the “Fees”) to the Developer.
4.2 Notwithstanding any specific payment milestones set out in the Project Specification, the Fees shall be payable by the Client in the following instalments:
Where the Project is defined as a Brochure website or an E-Commerce site –
(a) non-refundable deposit fees to be paid no later than 5 days before commencement of the Project by the Developer; and
(b) the first monthly or annual fees to be paid on the no later than 10 days after the expiry of the Acceptance Test Period; and
(c) thereafter the monthly or annual fees to be paid as per schedule defined in the contract.
Wher the project is not defined as a Brochure website or an E-Commerce site –
(a) 40% of the Fees to be paid no later than 5 days before commencement of the Project by the Developer;
(b) 30% of the Fees to be paid before the commencement of the ‘Build’ phase of the project (Phase 4); and
(c) the outstanding balance of the Fees to be paid no later than 10 days after the expiry of the Acceptance Test Period.
4.4 All Fees payable are exclusive of VAT and, where appropriate, VAT will be added at the rate for the time being applicable.
4.5 The Client shall make all payments due in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
4.6 Without prejudice to any other right or remedy that the Developer may have, if the Client fails to pay the Fees on the due date, the Developer may, at its option:
(a) claim interest at its discretion on any unpaid amounts under the Late Payment of Commercial Debts (Interest) Act 1998;
(b) suspend the Project until payment has been made in full;
(c) where the Developer is providing Hosting Services, disable the Website until payment has been made in full; or
(d) terminate this Agreement immediately upon notice.
4.7 All invoices are sent to the Client via email to the Client’s specified email address. The Client will notify the Developer of any changes to the invoicing address.
4.8 The Developer will return the Deposit to the Client, if the project does not go ahead on account of the Developer.