Terms and Conditions

TERMS OF SERVICE AGREEMENT

The term of this agreement shall remain in effect and be binding upon the parties commencing upon acceptance of the quote. Floodlight New Marketing and the client have the right to mutually amend this contract and scope of work at any time.

 

1. Timeline

Project Commencement

1.1 The project will not begin until Floodlight New Marketing receives proof of payment for the first phase of the project from the client (The Discovery Phase). An estimated start and delivery date will be specified by Floodlight New Marketing.

1.2 Floodlight New Marketing is not responsible for delays resulting from the client’s action or inaction.

1.3 Commencement of and payment for the Retainer Phase of work will begin no later than three months after the completion of the initial 1 'Discovery Phase' of work - unless by mutual written agreement.

2. Change of Project Scope

Should the project scope change, an additional quote can be provided to accommodate the additional deliverable desired. Floodlight New Marketing only commits to provide the deliverable listed in accepted quote.

3. Payment terms - Projects & Retainers

3.1 The CLIENT shall pay Floodlight New Marketing per PROJECT:

3.1.1 50% of all project costs for the first phase of the project upfront prior to project start date which will start once proof of payment has been received;

3.1.2 50% of the remaining project costs to be paid upon completion and is payable 7 days from presentation of Invoice.

3.1.2 For additional services rendered by Floodlight New Marketing, the Client shall pay Floodlight New Marketing the amount agreed to by the Parties in accordance with the signed contractual agreement.

3.2 The client shall pay Floodlight New Marketing per RETAINER:

3.2.1 The monthly or quarterly retainer cost is invoiced in advance and is payable 30 days from invoice date, unless otherwise stated in the signed contract.

3.2.2 Floodlight New Marketing will grant a total of 30 days grace to the first months invoice and by the end of the second month both of the invoices for month one and two is payable.

3.2.3 Any invoice not paid for after the 30 day period of grace will be passed over to an external agency for collection. This may result in additional collection fees and potentially court action.

3.2.4 Work carried out on retainer is determined at the start of each quarterly work sprint.

3.2.5 Failure to agree a schedule of work for a particular work sprint within 30 days of the invoice payment due date will result in the loss of that work for that month. However payment will still be due as work credit is not carried forward to the next month or quarter.

3.2.6 Failure to pay an invoice by the end of the grace period will result in that month's work being lost and no credits will be carried forward to the next month. Payment will still be due.

3.3 Interest, Compensation & Costs

3.3.1 We reserve the right to claim interest, compensation and reasonable costs under the Late Payment of Commercial Debts (Interest) Act 1998 and it is agreed that the term implied by that Act shall apply after any judgement as well as before. Any reference to the Late Payment of Commercial Debts (Interest) Act 1998 is also a reference to any amendment, modification or re-enactment of it. If for any reason the Late Payment of Commercial Debts (Interest) Act 1998 does not apply interest shall be payable on overdue amounts at 8% over the Bank of England Base Rate from time to time.

3.3.2 Without prejudice to our right to claim costs under the Late Payment of Commercial Debts (Interest) Act 1998, if for any reason any payment is not made when due we reserve the right to be paid on an indemnity basis any costs we incur in recovering any money due under this contract (and the costs of recovering such costs) including our administrative costs and any costs incurred with lawyers or debt collection agencies. Our administrative costs may include the cost of employing the staff concerned and the overheads attributable to them for the time spent. In calculating our administrative costs credit will be given for any compensation due under the Late Payment of Commercial Debts (Interest) Act 1998.

3.3.3 If proceedings are issued a minimum contribution of £500 (in addition to the fixed costs of issue) will be claimed towards any costs incurred with lawyers.

4. General

5.1 Two reverts are allowed for each piece of content produced, thereafter a revised cost estimate to be provided for additional changes/work.

5.2 The Client owns all content produced, HTML/CSS/Javascript code, visual design, pictures and or images and Source Code.

5.3 All requested images used in blog posts will be sourced using Google Images or the use of free stock image services specified by the client, unless photography is supplied by the client or the client has purchased custom designed imagery or the custom designed imagery has been included in the retainer.

5. Subcontracting

Floodlight New Marketing shall be entitled to enter into any sub-contract with any person or entity for the performance of any part of this Agreement, without the consent of the Client, it being agreed that, notwithstanding such sub-contracting, Floodlight New Marketing shall remain responsible for all its obligations as provided for in the Agreement, including confidentiality obligations with subcontractor(s).

6. Exclusions

The following are not covered under any quote and will be priced separately:

  1. Subscription to any platform or software.
  2. Website updates that cannot be done through a common CMS.
  3. Media spend

8. Termination of contract

8.1. Projects may be terminated by either party with 30 days notice.

8.2. An agile retainer runs for a minimum period of 3 months (or longer if specified in the signed agreement) and may be terminated by either party with 30 days notice. If termination is requested while the contract has time left to run, it will have to run it's course with payment due, and at the end of the sprint all work will stop.

9. Revert Policy

9.1. Interpretation:

9.1.1. "Revert": After a project has been handed over to the client for review and feedback, a revert allows a client to ‘reply’ with changes on the work we have delivered in accordance with the initial project scope, without incurring additional costs.

9.1.2. "Project sign-off":

9.1.2.1. All changes in both revert one and two has been resolved and the client has accepted these changes.

9.1.2.2. Should Floodlight New Marketing not receive any feedback from the client within 7 days of submitting the final written confirmation to the client, regarding the completion of the project, Floodlight New Marketing will deem that project as accepted by the client and will invoice the remaining balance of the project

9.2.Policy:

9.2.1. Two reverts are allowed for each project item/deliverable produced, thereafter a revised cost estimate will be raised for any additional changes. The first revert needs to be as detailed as possible as to cover all bases as the second revert can only be on the changes requested in the first round.

9.2.1.1. What does this mean for the client:

  • It is the client’s responsibility to go through all delivered items carefully and make a concise list of any changes/reverts that you would like implemented and communicate this to Floodlight New Marketing.
  • Avoid sending changes one-by-one as this can be extremely hard to keep track of and some requested changes could be missed. Each list of documented changes will be treated as a revert.
  • When you’re on list number three, additional costs to implement these changes could be incurred.
  • Number of days between delivering something for review and receiving the feedback/changes

9.2.1.2. What does this mean for Floodlight New Marketing:

  • It is up to Floodlight New Marketing to ensure that the client understands this revert policy
  • Floodlight New Marketing may query reverts and ask for extra clarification on the changes requested before changes get implemented.

 

USE OF INFORMATION FROM THIS WEBSITE

Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website.

By accessing the contents of this website, you agree to this condition of access and you acknowledge that any unauthorised use is unlawful and may subject you to civil or criminal penalties.

Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason or for any use whatsoever.

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE

The website and its contents are owned or licensed by the website’s owner. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.

DISCLAIMER FOR CONTENTS OF SITE

https://www.floodlightnewmarketing.co.uk disclaims any responsibility for the accuracy of the content appearing at, linked to on, or mentioned on https://www.floodlightnewmarketing.co.uk . Visitors assume all risk relating to viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with us, you have no right to rely on any information contained herein as accurate. We make no such warranty.

DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.

We assume no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

LIMITATION OF LIABILITY

By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or commercial in nature. For any jurisdictions that may now allow for these exclusions our maximum liability will not exceed the amount paid by you, if any, for using our website or service.

Additionally, you agree not to hold us liable for any damages related to issues beyond our control, including but not limited to, acts of God, war, terrorism, insurrection, riots, criminal activity, natural disasters, disruption of communications or infrastructure, labour shortages or disruptions (including unlawful strikes), shortages of materials, and any other events which are not within our control.

INDEMNIFICATION

Visitor agrees that in the event he causes damage to us or a third party as a result of or relating to the use of  www.floodlightnewmarketing.co.uk Visitor will indemnify us for, and, if applicable, defend us against, any claims for damages.

SUBMISSIONS

Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.

NOTICE

No additional notice of any kind for any reason is required to be given to Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.

DISPUTES

As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

JURISDICTION AND VENUE

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the country and city declared in the contact information of the web owner unless otherwise here specified.

APPLICABLE LAW

Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the owner of https://www.floodlightnewmarketing.co.uk

Call Recording Policy

Both incoming and outgoing calls may be recorded.

Call recordings will be used for the following purposes:

  1. To quality manage the performance of staff and to to assure the quality of service information provided for customers.
  2. to measure and improve the quality of the customer experience

Call recordings may also be used for the following purposes:

  • to provide evidence in the resolution of complaints or investigations
  • to clarify the content of a particular conversation

Storage of call recordings

Calls will be recorded and stored within the companies call recording system with restricted access and can only be accessed via an authorised staff.

Request to delete call(s)

Anyone who wants have these calls deleted from the system should make this request following the Subject Access Request process.

You can submit your request by:

email to: info@floodlightnewmarketing.co.uk

post to: 7a, Robert House , 19 Station Road, Chinnor, England, OX39 4PU

CONTACT INFORMATION

Mailing address:
 7a, Robert House , 19 Station Road, Chinnor, England, OX39 4PU

Contact Email: admin@floodlightnewmarketing.co.uk, All Rights Reserved.

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