TERMS AND CONDITIONS OF USE
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and e-SimpleMarketing.co.uk, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In there terms and conditions, User or Users means any third party that accesses the Website and it is not either (i) employed by e-SimpleMarketing.co.uk and acting in the course of their employment or (ii) engaged as consultant or otherwise providing services to e-SimpleMarketing and accessing the Website in connection with the provision of such services, You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
- All content included on Website, unless downloaded from third party’s Website or uploaded by Users, is the property of e-SimpleMarketing, our affiliates or other relevant third parties. In these terms and conditions, content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be constructed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
- You may, for your own personal, non-commercial use only, do the following:
- retrieve, display and view the content on a computer screen; or
- share on social media as direct link to e-SimpleMarketing.co.uk.
- You must otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of e-SimpleMarketing.
- You may not use the Website for any of the following purposes:
- In any way which causes, or may cause, damage to the Website ir interferes with any other person’s use or enjoyment of the Website;
- In any way that which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law regulation, governmental order;
- Making, transmitting or storing electronic copies of content protected by copyright without permission of the owner.
- You must ensure that the provided by you on registration or at any time are correct and complete.
- You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
- We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
- You may cancel your registration at any time by informing us on writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using Website. Cancellation or suspension of your registration does not affect any statutory rights.
Links to other websites
- This Website may contain links to other sites. Unless expressly stated, these sites are not under the control od e-SimpleMarketing.co.uk or that of our affiliates.
- We assume no responsibility for the content of such Websites and disclaim liability for any and forms of loss or damage arising out of the use of them.
- The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the Website and disclaimers
- Any online facilities, tools, services or information that e-SimpleMArketing.co.uk makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. E-SimpleMarketing.co.uk is under obligation to update information on the Website.
- Whilst e-SimpleMarketing.co.uk uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
- E-SimpleMarketing.co.uk accepts no liability for any disruption or non-availability of the Website.
- E-SimpleMarketing.co.uk reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. There terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
- Nothing in these terms and conditions will: (a) limit or exclude our liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or yours liabilities in any wy that is not permitted under applicable law.
- To the extent that the Website and content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
- We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
- To the maximum extent permitted by law, E-SimpleMarketing.co.uk accepts no liability for any of the following:
- Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- Loss or corruption of data, database or software;
- Any special, indirect or consequential loss or damage.
- You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
- These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with then current version.
- The Contracts (Right of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
- If any court or competent authority finds that or any provision of these terms and conditions (or part of any provision) in invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- This Agreement ll be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of English and Welsh courts.
Trading as e-SimpleMarketing details
- E-SimpleMarketing.co.uk operates the Website e-simplemarketing.co.uk. You can contact E-SimpleMarketing.co.uk by email on email@example.com
Terms and conditions of Services and Products
Application and entire agreement
- These Terms and Conditions apply to the provision of the services and products detailed in quotation, offer or bundle (Services and, or Products) by Iwona Repetowska trading as e-SimpleMarketing (we or us or Service Provider) to the person or company buying the services (you or Customer).
- You are deemed to have accepted these Terms and Conditions when you accept our quotation or offer or bundle or any from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
- You acknowledge that you have not relied on any statement, promise or representation made or given by on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practise or course of dealing.
- A “business day” or “working day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
- The headings in these Terms and Conditions are for convenience only and not affect their interpretation.
- Words imparting the singular number shall include the plural and vice-versa.
- We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
- We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as out in quotation; however, time shall not be of the essence in the performance of our obligations.
- All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
- You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
- If you do not comply with clause 10, we can terminate the Services and charge you for contractual penalty.
- We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with provisions of this section (Your obligations).
Fees, Deposit and Contractual Penalty
- The fees (Fees) for the Services are set out in the quotation or pricelist or offer or bundle and are on time and materials basis.
- In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, traveling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
- You must pay us for any additional services or products provided by us that are not specified in the quotation or offer or bundle description in accordance with our current, applicable rate in effect at the time of performance or such other rate as may be agreed between us. The provision of clause 14 also apply to these additional services.
- The Fees are of any applicable VAT and others taxes or levels which are imposed or charged by any competent authority.
- You must pay a deposit (Deposit) as detailed in the quotation at the time of accepting the quotation.
- If you do not pay the Deposit to us according to the clause above, we can either withhold provision of the Services until the Deposit is received or can terminate under the clause below (Termination) and chare you for contractual penalty.
- The Deposit in non-refundable unless we fail to provide the Services and are at fault for such a failure (where the failure is not our fault, no refund will be made).
- The contractual penalty in the event of Cancellation of the contract after the deadline set out in point 20 or its Termination due to your fault (unless the contract between us provides otherwise) shall be total of 30% of the initial amount (quotation, valuation or price of selected offer or bundle) and all costs incurred by us.
Cancellation and amendment
- We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 3 working days from the date of confirmation message accepts the quotation or order or contract based on the quote (unless the quotation has been withdrawn).
- Either we or you can cancel an order for any reason prior to acceptance (or rejection) of the quotation.
- If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced you.
- If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a part’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
- We will invoice you for (or after) payment of the Fees either:
- when we have completed the Services; or
- on the invoice dates set out in the quotation
- after online payment clear on bank account but not later than 7 working days.
- You must pay the Fees due within 14 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
- Time for payment shall be the essence of the Contract.
- Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 4 % per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
- All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or part.
- If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
- Receipts for payment will be issued by us only at your request.
- All payments must be made in 14 days unless otherwise agreed in writing between us.
Sub-Contracting and assignment
- We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
- You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
- We can terminate the provision od the Services immediately if you:
- commit a material breach of your obligations under these Terms and Conditions; or
- fail to make pay any amount due under the Contract on the due date for payment; or
- are or become or, in our reasonable opinion, are about to become, the subject of bankruptcy order or to take advantage of any other statutory provision for the relief of insolvent debtor; or
- enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
- convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you , notice of intention to appoint an administrator is given by you or any of your directors or by qualifying floating charge holder (as defined in para.14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
- We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights unless otherwise agreed in writing between us.
Liability and indemnity
- Our liability and indemnity under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
- The total amount of our liability is limited to the total amount od Fees payable by you under the Contract.
- We are not liable (whether caused by employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
- any indirect, special or consequential loss, damage, costs, or expenses or;
- any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or other party claims; or
- any failure to perform any our obligations if such delay or failure is due to any cause beyond our reasonable control; or
- any losses caused directly or indirectly by any failure your breach in relation to your obligations; or
- any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with Services.
- You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
- Nothing in these Terms and Condition shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
- When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
- The parties agree that where such processing of personal data takes place, the Customer shall be the ‘data controller’ and Service Provider shall be the ‘data processor’ as defined in the General Data Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
- For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
- The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these Terms and Conditions or as request by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.
- The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict ‘need-to-know-‘ basis and only under the same (or more extensive) conditions as set out in these terms and conditions or the extent required by applicable legislation and/or regulations.
- The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.
Circumstances beyond a party’s control
- Neither of us is liable for failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, act of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for period of 90 days, either of us may terminate or cancel the Services to be carried under these Terms and Conditions.
- All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
- Notices shall be deemed to have been duly given:
- when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
- when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
- on the fifth business day following mailing, if mailed by national ordinary mail; or
- on the tenth business day following mailing, id mailed by airmail.
- All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
- No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
- If one or more of these Terms and Conditions if found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
- This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.