Terms & Conditions
In using this website and/or working with Bath Marketing Consultancy, you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than associates of Bath Marketing Consultancy if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Cash or Personal Cheque with Bankers Card, Bankers Draft or BACS Transfer are all acceptable methods of payment. Our Terms are payment in full within 14 days. All goods remain the property of the Company until paid for in full.”Projects” will be invoiced in stages at the end of each calendar month and invoices raised in line with an agreed proposal.
In the case of website projects, all outstanding monies must be paid in line with the terms and conditions before the site is handed over and training is conducted.
Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of England’s base rate on the outstanding balance until such time as the balance is paid in full and final settlement has been made.
Defaults made on monthly payments or unpaid balances will be recovered to the value of the full amount for the project. We reserve the right to seek recovery of any monies remaining unpaid from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed £3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Returned cheques will incur a £25 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Once a proposal has been approved and work has commenced, a minimum of 24 hours notice of cancellation is required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing.
We have a 30 day termination policy and, if an ongoing agreement is terminated by either the client or the agency after the start of each month, the agreement will terminate at the end of the following month. We reserve the right to levy a £30 charge to cover any subsequent administrative expenses. All outstanding monies must be paid and are subject to the “Payment” regulations outlined above.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered and, where a Service is deemed to have begun and is, for all intents and purposes, underway – web space hosting, email hosting, domain name registration, SEM Rush subscription or modules, must be paid in full. Any monies that have been paid to us which constitute payment in respect of the provision of unused services, shall be refunded wherever possible.
All design and website work will remain the intellectual property of Bath Marketing Consultancy. Design and website work delivered by Bath Marketing Consultancy is open to copyright law in that it is an offence to perform any of the following acts without the consent of the owner:
- Copy the work.
- Rent, lend or issue copies of the work to the public.
- Perform, broadcast or show the work in public.
- Adapt the work.
- The author of a work, or a director of a film may also have certain moral rights:
- The right to be identified as the author.
- Right to object to derogatory treatment.
As author of our work, Bath Marketing Consultancy is under no obligation to supply in design or PSD files once a relationship has been terminated. BMC is the designer and owns the source files of design work and will deliver a finished version for you to use, example a PDF for print.
Limitation of Liability
In no event will bath marketing consultancy, its suppliers, or other third parties mentioned at this site be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the work conducted.
All work signed off by a client is deemed to be approved. Any alterations made after the sign off will be open to charges at the rates quoted in this site. Bath marketing consultancy will not be held accountable for errors or misrepresentations following approval by the aforesaid.
Unless otherwise stated, the services featured on this website are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer websites, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
By submitting your approval response to Bath Marketing Consultancy, you agree to the following:
• You are FULLY RESPONSIBLE for final proof and layout approval prior to the printing process.
• Bath Marketing Consultancy is NOT LIABLE for errors in a final product caused by any of the following reasons:
Omitted, Mistyped or Misspelled Words, Grammar, and Punctuation.
• You understand that any errors existing on the approved proof will be printed and that any additional costs incurred to fix these errors are your responsibility and not eligible to be re-run free of charge
“NEEDS CHANGES” – This job may be printed with the attached changes. You understand that errors will be fixed at no additional charge but changes to the original design will be charged at the quoted hourly rate.
INDEMNITY: By submitting your approval to Bath Marketing Consultancy, you agree to the following terms:
• You have verified that spelling and content are correct and assume all responsibility for typographical errors.
• You are satisfied with the document layout.
• You understand that your document will print EXACTLY* as it appears on the proof and that you cannot make any changes once the order is approved.
• You certify that you are legally authorized to utilize any design / art / photograph(s) being supplied to BMC for the purposes of fulfilling this order. Further, you indemnify, hold harmless and agree to defend BMC, its vendors and affiliates from any suit, claim or demand arising from your reproduction or use of this material.
*Please note the colour on your monitor may not be representative of the printed piece. The monitor uses a resolution of 72 dpi and is RGB based, while printing uses 300 dpi and is CMYK based. The colours on the monitor are brighter than they will appear when they print.
Colour Proofing & Matching
BMC is not liable for colour matching or ink density on screen proofs approved by the customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not colour or density. Bath Marketing Consultancy will try it’s best to match the gradient density of each colour; Bath Marketing Consultancy is not liable for the final appearance of a colour.
Website projects require a 10% deposit of the project fee and will be subject to a strict 14 day payment term on receipt of an invoice. Projects may well be paused if funds are outstanding.
If a project is operating under staged payments, a final handover will not be conducted if monies are outstanding and Bath Marketing Consultancy reserves the right to withhold a website launch.
On delivery of a website project Bath Marketing Consultancy will offer technical support relating to the website for a period of 8 weeks. This support will cover CMS training, functionality bugs, very minor style sheet changes and general hand holding. The support will not cover additional design or functionality requirements made by the client that fall outside the initial signed off site map. In addition Bath Marketing Consultancy does not accept liability for email accounts or hosting issues hosted externally from Bath Marketing Consultancy.
Once the 8 week period has expired, additional work pertaining to the website will be charged at the hourly rate or at a pre quoted project fee by Bath Marketing Consultancy. If website hosting is supplied it will be renewed annually and invoiced unless specified not to by the site owner.
If website access is given to a third party i.e a client, it is the responsibility of the third party to rectify any errors made. Bath Marketing Consultancy is under no obligation to correct mistakes made by the third party and any fixes will be charged at the hourly rate.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a protected part of this Company in the United Kingdom and other countries. The brand names and specific services of this Company featured on this web site are owned by Bath Marketing Consultancy.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or
mobile telephone numbers.
This company is registered in England and Wales, Number 6915768, registered office 14 Alfords Ridge, Coleford, Nr Bath. BA3 5YJ.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of England and Wales govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal
These terms and conditions form part of the Agreement between the Client and ourselves. You’re accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
© Bath Marketing Consultancy Ltd 2009. All Rights Reserved