Legally binding agreement between Adept Marketing Services Ltd and the Client. Valid from the point that the Client’s signed the quotation, agreed to the terms and conditions and is accepted by Adept Marketing Services Ltd.
Terms and Conditions of Contract
Terms and Conditions of provision of goods and services by Adept Marketing Services Ltd.
© Copyright Adept Marketing Services Ltd 2021 all rights reserved. These conditions are subject to English Law and the exclusive jurisdiction of the English Courts.
Definitions
For the purpose of these Terms and Conditions:
The term ‘Adept Marketing Services Ltd’ or ‘us’ or ‘we’ refers to Adept Marketing Services Ltd whose contact details can be found on this websites contact page.
The term ‘Design’ means all aspects of design (graphic or otherwise), Web Site creation, construction and posting on the internet or made available for print.
The term ‘Name’ means the name assigned to the client in the relation to the provision of service including any mailbox, web address or social media page.
The term ‘Client’ means the person or company ordering the service or goods.
The term ‘Social Media’ means this relates to content marketing including all social media platforms (Twitter, Facebook, LinkedIn etc) and blogs.
The term ‘Services’ means as set out in the quotation.
Duration and Conditions of Service
Adept Marketing Services Ltd cannot guarantee to provide a fault-free Service due to the technically complex nature of the Service provided. However, all reasonable measures to ensure a fault free Service will be always taken.
Liabilities and General Powers
Neither Adept Marketing Services Ltd nor any of its servants or agents shall be liable for any loss, expense or damage however so sustained by any company, Client or person due to any act whatsoever taken by Adept Marketing Services Ltd or its servants or agents, save to the extent that any attempted exclusion or liability would be contrary to law.
Adept Marketing Services Ltd or suppliers may temporally suspend the Service in order to upgrade, repair or maintain the telecommunications link, hardware or software.
Adept Marketing Services Ltd or its suppliers may alter the technical specification of the Service for operational improvements or amendments.
Adept Marketing Services Ltd is not liable for any breach of Contract that is beyond reasonable control including Acts of God, Fire, lightning, explosion, war, disorder, acts of central or local government, acts of Terrorism, industrial disputes, floods or other extreme weather conditions.
The lack of a common browser on the internet means there may be a difference in appearance and performance depending on which browser is used. In addition the settings of individual computers will affect the appearance on screen. Adept Marketing Services Ltd will do everything in its power to maximise access and uniformity, but cannot be held responsible if some computers are unable to view the Website or the sites final appearance on screen.
Adept Marketing Services Ltd will carefully handle Client’s property, however we cannot accept liability for any loss or damage caused by any Services or products supplied by Adept Marketing Services Ltd. Clients are advised to take their own insurance cover for any risk that may be incurred by Adept Marketing Services Ltd’s Service.
Adept Marketing Services Ltd shall, under no circumstances whatsoever be liable for any indirect or consequential loss howsoever caused. Adept Marketing Services Ltd’s liability in respect of breach or non-performance of this agreement shall not, under any circumstances, exceed the total value of the Products and Services offered within this agreement.
Client Responsibility
The Service may be suspended and not restored if the Client or any third party:
Sends or receives materials or data that is offensive, abusive, indecent, obscene or menacing: or in breach of confidence, copyright, privacy, or any other rights; or sends material which may cause annoyance, inconvenience or needless anxiety.
Interferes with or disrupts network users, Services or equipment including unauthorised entry to any computers on the internet.
The Client agrees not to use any Name, Electronic Mail Address, Domain Name, Trademark or Patented name that is in breach of statue or common law or that infringes the rights of the individual or accepted Internet parameters.
Adept Marketing Services Ltd shall accept no liability whatsoever for the transmission or receipt of any information or data of whatever nature of format.
Adept Marketing Services Ltd is not liable in contract or otherwise for loss whether direct or indirect business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.
Confidentiality
Inevitably Adept Marketing Services Ltd and its employees will be exposed to information that is confidential to the Customer; Adept Marketing Services Ltd and its employees agree not to disclose such information to any third party unless used to fulfil the service, or to use it for any purpose other than to facilitate completion of work under the terms of this agreement.
Software and Intellectual Property Rights
The intellectual Property rights within all the software provided remain the exclusive right of Adept Marketing Services Ltd and its Software providers. The Client agrees to comply with all obligations pertaining to these rights. However, the ownership of the website upon satisfactory payment of all related invoices to the build and design of the website, shall revert to the Client fully and without compromise.
Copyright Responsibility
By placing an order with Adept Marketing Services Ltd the Client declares his right to reproduce all materials including all photographs, artwork, copyright text and pictures and any other reproducible materials supplied to Adept Marketing Services Ltd. Any resulting violation of copyright and action brought by a third party will be the liability of the Client alone. This includes all photographs, artwork, copyright text.
Rights to Design and Context
The programming source code, initial designs, source media created or designed by Adept Marketing Services Ltd, data base procedures and other technical processes (and intellectual property rights underlying or subsisting in any of the same) remain the property of Adept Marketing Services Ltd, until full payment for the design of the website is received in full at which point ownership of the website, its designs, text and slogans produced by Adept Marketing Services Ltd shall be retained by the Client, except where Adept Marketing Services Ltd have created logo’s or designs at the express request of the Client and which are not paid for as a separate design Service. The Client is granted license to reproduce such items solely for the purpose it was originally intended i.e. as an internet site hosted by Adept Marketing Services Ltd or its suppliers. Other to these expressly created items, every item used to create the website which has been supplied remains the property of the Client.
Quotes
All quotes are valid for 30 days from the day the quote is generated. Only written quotes can be seen as “valid offers”. Delivery charges may apply that are not originally quoted and these charges will be made known prior to delivery. It is also accepted by the Client that all quotes need amending during larger projects and it is their responsibility to obtain such updated quotes in writing as it commences. Any additions to the original quote agreed upon verbally or in writing between Adept Marketing Services Ltd and the Client will be seen a valid and accepted based on the initial acceptance of the quote.
All quotes are subject to our Invoice and Payment Terms as Indicated in our Terms and Conditions.
Adept Marketing Services Ltd reserves the right to amend quotes to meet any rises in costs.
All print orders will be subject to Client approval and a signed proof being return to Adept Marketing Services Ltd prior to being sent to print. Adept Marketing Services Ltd will not be liable for any errors not corrected by the Client in proofs submitted as approved and sent to print. Once an order had been sent to print cannot be cancelled or amended and therefore payment will be required as originally agreed.
Adept Marketing Services Ltd reserves the right to charge for additional proofs that are required as a result of alterations required by the Client.
Website transfers and FTP Details
Should the Client wish to transfer their website hosting at a later stage. Adept Marketing Services Ltd will not be liable for any issues that arise or lost content from the date of transfer starts to a new provider.
Adept Marketing Services Ltd is also not liable for issues that arise after FTP access has been given.
Emails
Adept Marketing Services Ltd will not be liable for any lost emails or contacts that have not been backed up by the Client prior to a switch in provider.
Charges and Payments
Charges for services will be those agreed in advance with the Client in the quotation and any additional charges detailed.
A quotation will only be deemed to be valid when Adept Marketing Services Ltd receives the signed acceptance agreeing to these Rules and Contract Terms.
On acceptance of a quote, Adept Marketing Services Ltd will invoice for monies due for a particular service or goods. Payment will be required 30 days from date of invoice unless otherwise speculated.
Payments for some services will require a deposit and this will be invoiced prior to commencement and payable on receipt with the remaining balance invoiced on phases.
Adept Marketing Services Ltd has the right to ask for payment upfront and this will be stated at the time of quote.
If you do not have a credit account then payment is due on collection or delivery of goods or before the release of any artwork/designs.
Alterations after completion of the Design other than items that can be changed by the Client are subject to charges, which will be stipulated at the standard hourly consultation rates. All messengers and carriage are charges extra.
Failure to pay on time in accordance with our terms and conditions may result in Adept Marketing Services Ltd unable to deliver the service, withholding supply or publication of exiting and future work and adding compound interest @8.5% above the Natwest base rate per month.
Should it be necessary to chase any outstanding debts through our solicitors all legal expenses will be payable by the Client.
Adept Marketing Services Ltd reserves the right to carry out an annual review of charges and shall endeavour to notify the Client of any resulting changes to the charges at least 30 days prior to implementation.
VAT
All orders are quoted excluding vat but are subject to VAT where applicable in the United Kingdom of Great Britain and Northern Ireland and the European Union at the current rate as decided by the Government of the United Kingdom.
Termination of Services
Adept Marketing Services Ltd can without prior notice fully or partly interrupt, suspend or terminate the service without loss or reduction of rights if the Client breaks any part of this agreement.
The Client will in any eventuality remain liable for all charges, fees, rates and costs during the period of suspension, any period where the client does not comply fully with these terms and conditions.
Failure by Adept Marketing Services Ltd to insist upon strict performance by the Client in accordance with these Terms and Conditions does not in any way lesson or affect the liability of the Client under this agreement.
The Client may terminate any hosting, email account or domain two months before any renewal date of the service by giving written notice to Adept Marketing Services Ltd.
Any termination of Social Media Marketing or Email Marketing must be made in writing giving two months notice to cancel.
The Client may cancel this contract giving notice no later than two months prior to delivery of service.
Cancellation of this contract by the Client within two months of the agreed dates will result in a cancellation fee. This will be on a sliding scale, based on a percentage of the quoted days as follows; 20 working days or less – 25%, 15 working days or less – 50%, 10 working days or less 100%.
Other Provisions
Adept Marketing Services Ltd will indicate the Website/page was created and supplied by Adept Marketing Services Ltd with a small line of text and graphics plus a link on the Clients Website/page. Adept Marketing Services Ltd reserves the right to use details of the Service and design in promotional material i.e. client case studies.
Adept Marketing Services Ltd reserves the right to suspend the Client’s use of the Service if it is having a detrimental effect upon the Service received by any of Adept Marketing Services Ltd’s other Clients.
Adept Marketing Services Ltd may when the sites are available promote the contents of a customer’s site in portal based sites it may produce.
All websites purchased with and built/designed by, Adept Marketing Services Ltd will be hosted with an external provider. All external providers are checked and are an approved supplier of Adept Marketing Services Ltd. Adept Marketing Services Ltd does not take any responsibility for any issues caused by the external provider to our customer in relation to the full service being provided.
While all websites are designed and coding is done by Adept Marketing Services Ltd in rare circumstances programming Services may be required from another company or independent contractor. In such cases Clients of Adept Marketing Services Ltd are not to hire, employ or enlist the Services of the company for a period of 3 years following the completion of the project.
Support when included and unless otherwise agreed explicitly defined otherwise, telephone or remote access support will be provided during “Normal hours of business” 9am – 5pm Monday to Friday excluding all bank holidays in England and at other periods when the business is closed. Unless otherwise specified, site visits or support outside the scope of this agreement will be charged at the “standard Hourly Rate” prevailing at the time. Support requests will only be accepted from nominated Personnel. Changes in the list of nominated Personnel must be notified to Adept Marketing Services Ltd in advance of change.
Indemnity
The Client will indemnify and keep indemnified Adept Marketing Services Ltd against all and any claims or losses, proceedings, lost profits, damages, awards, expenses, claims and costs suffered by Adept Marketing Services Ltd as a result of misuse or misrepresentation by the Client of any logos, approval or registration given to the client by Adept Marketing Services Ltd under these Rules of Registration Terms and Conditions.
Non-Disclosure
By signing this agreement you agree to never share any of Adept Marketing Services Ltd’s design, concepts or work with outside designers, businesses or agencies. This will include but not limited to, design concepts, electronic proofs and photography.
Entire Agreement
By signing this quote or approving an order verbally from Adept Marketing Services Ltd, you acknowledge that you have read, understood and fully agree to the terms and conditions. Any details not included in writing in this agreement are not binding upon either party.
For a copy of our terms & conditions, please contact Jon@adeptmarketingservices.org.
15 January 2021
Terms and Conditions of Website
Welcome to Adept Marketing Services Ltd website.
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern Adept Marketing Services Ltd’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘Adept Marketing Services Ltd’ or ‘us’ or ‘we’ refers to the owner of the website whose contact details can be found on this websites contact page. The term ‘you’ refers to the viewer, visitor or user of our website. The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only and is subject to change without notice.
- Neither we or any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- This website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the websites’ and have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
Disclaimer
The information contained in this website is for general information purposes only. The information is provided by Adept Marketing Services Ltd and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Adept Marketing Services Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Adept Marketing Services Ltd takes no responsibility for and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
07 June 2020
