TERMS & CONDITIONS
Last modified 16th November 2016
These Terms And Conditions (“Terms”) are agreed by Clay Brand Consultancy Ltd, registered company 4234867 in England and Wales (“We” or “Us”) and the entity agreeing to these Terms (“You”). If You are acting on behalf of another entity, You represent and warrant that You have the legal authority to commit that entity to these Terms.
1 Defined Terms
1.1 Where these Terms refer to a day that does not exist within a calendar month, the date shall be taken to mean the final day in that calendar month. For example, the date one calendar month after 31st January 2001 shall be taken to be 28th February 2001.
2.1 You agree to purchase a monthly social media management package from Us. You agree to supply us with text and images (“Initial Content”) for use in the design of your social media channels.
3 Price And Payment
3.1 Payment for your managed services must be made in advance on or before the 1st day of each month including any agreed advertising or design costs, by bacs payment. Monthly management payments can be made by Monthly Recurring Billing through by Direct Debit (if You have a bank account in the United Kingdom), or, at Our sole discretion, through another method.
4.1 In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 You have the right to cancel within a period of 14 days from placing Your order, provided (a) We have not commenced production of Your Social Channels, Design or Content Plan and (b) our Agents have not obtained or created material for use in the production of Your Social Channels. In either case (a) or (b) the right to cancel is no longer applicable, in accordance with regulation 13(1)(c) of The Consumer Protection (Distance Selling) Regulations 2000.
5.1 We will inform You once the design of your social channels have been completed. It is Your responsibility to inform us of any errors in the design of the channels. If the design of the channels is not in accordance with this agreement for any reason Your sole remedy is limited to Us making good any errors or omissions.
6 Improper Use
6.1 The services we provide to You (collectively “Services”) may only be used for lawful purposes. You agree to indemnify Us and hold Us harmless from any and all claims resulting from unlawful use of the Services.
7 Exclusions of Liability
7.1 We will incur no liability for any errors in Your instructions or the Initial Content not corrected by You. You take full responsibility for ensuring that Your instructions and the Initial Content are correct.
8 Force Majeure
8.1 We shall not be held liable for failure to perform Our obligations under this agreement due to act of God, war, civil war, sabotage, act of terrorism, government sanction, embargo, import regulation, export regulation, labour disputes (including strikes, lockouts, boycotts, or other industrial action), failure in the transportation of equipment, machinery or personnel, failure in the provision of any utility (including power, gas, water, or communication services), or any event or circumstance beyond Our reasonable control.
9 Intellectual Property
9.1 We may license content (“Stock Content”) from third parties (“Stock Suppliers”) for use on Your Channels. You understand that such licences prohibit the use of Stock Content outside of Your Channels, including but not limited to use in printed matter or on other websites that You may operate now or in the future.
10 Agents of Seller
10.1 Our agents may have assisted You in Your creation of your Social Channels . Our agents are not employed by Us and We take no responsibility for their presentations, written or verbal communication, or other actions. You take full responsibility for all material supplied in connection with Your Social Channels