TERMS AND CONDITIONS

Please ensure you have read and understood all the terms and conditions.

Application

1. These Terms and Conditions will apply to the purchase of the services and goods by you (You or Customer). We are Marvellous Marketer Ltd (Us or We or Marvellous Marketer) whose trading name is Marvellous Marketer a company registered in England and Wales under number 14318878 whose registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ with email address contact@marvellousmarketer.com;

2. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services from the Website if you are eligible to enter into a contract and are at least 18 years old.

Acceptance

3. It is not necessary for any Customer to have signed an acceptance of these terms and conditions for them to apply. If a Customer places an order the Customer will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Fees

4. Fees for services to be provided by Marvellous Marketer are defined by our online shop, or by invoice / project quotation that the Customer receives via e-mail. (Quotations are valid for a period of 30 days. Marvellous Marketer reserves the right to alter or decline to provide a quotation after expiry of the 30 days.)

5. We only provide our services to UK based Consumers.

6. Website design services require an advance payment of a minimum of 50% of the total fee before the work commences. The remaining 50% of the total fee is due upon completion of the website framework, prior to public release. Please note, by completion of work we deem to be the website pages. If a 3rd party (e.g. a booking system, storefront or the like) is due to be added to the website we require this 3rd party to be fully available for integration by the time the web pages are complete. Should there be delay in completing the website due to a 3rd party not being available, we require full payment of the remaining 50%.  We will then complete the integration when it becomes available.

Payment

7. Payment for services is via the online store or by bank transfer where a bespoke quote has been raised, bank details will be made available on invoices.

9. Payment online or via bank transfer is an acceptance of our terms and conditions.

Customer Review

10. We will provide you with an opportunity to review the appearance and content of the website during the design phase and again once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Consumer notifies Marvellous Marketer otherwise within ten (10) days of the date the materials are made available to the Consumer.

Contract Timings

11. Marvellous Marketer will supply the Customers website by the date specified in the project proposal, or at date agreed upon receiving initial payment, unless a delay is specifically requested by the Customer and agreed by Marvellous Marketer.
In return, the Customer agrees to delegate a single individual as a primary contact to aid Marvellous Marketer with progressing the commission in a satisfactory and expedient manner.
At the commencement of the project, Marvellous Marketer will require the Customer to provide website content; text & images

12. Once a website has gone ‘live’ on it’s domain, the Customer may request minor tweaks and amendments for a duration of 14 days after the live date. After this period any amendments or changes required by the Customer (that they are not able to carry out themselves) is chargeable at our standard hourly rate of £60 per hour.  This 14 days gives the Customer opportunity to look over their site and check for anything they may have missed before the site went live.

Failure to provide required website content

13. We ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.

14. If you agree to provide us with the required information and subsequently fail to do within one month of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.

Additional Expenses

15. The Customer agrees to reimburse Marvellous Marketer for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, paid for plugins etc.

Copyright

16. The Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants Marvellous Marketer the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party.

17. The Customer is further responsible for granting Marvellous Marketer permission and rights for use of the same and agrees to indemnify and hold harmless Marvellous Marketer from any and all claims resulting from the Customers negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Customer to Marvellous Marketer that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Content and Media Delivery for Website

18. Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Customer in electronic format and that all photographs are high quality .gif, .jpeg, or .png format.

Design Credit on Website

19. A link to Marvellous Marketer will appear in either wording or by a small graphic at the bottom of the Customers website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied.

20. You also agree that the website developed for the Customer may be presented in Marvellous Marketer portfolio.

Domain Names and Hosting for Website

21. Marvellous Marketer may purchase domain names and hosting on behalf of the Customers. Payment and renewal of those domain names and hosting is the responsibility of the Customer. The loss, cancellation or otherwise of the domain or hosting brought about by non or late payment is not the responsibility of Marvellous Marketer. The Customer should keep a record of the due dates for payment to ensure that payment is received by Marvellous Marketer in good time. (Click for details of annual renewal plan pricing)

Indemnity

22. All Marvellous Marketer services may be used for lawful purposes only. You agree to indemnify and hold Marvellous Marketer harmless from any claims resulting from your use of our service that damages you or any other party.

23. The Customer will indemnify and hold harmless Marvellous Marketer and its customers, suppliers, directors, officers, agents and employees from and against any and all losses, costs, damages, liabilities and expenses (including, without limitation, reasonable solicitors fees) arising out of or relating to any breach by the Customer of any of the terms of this Agreement.

Liability

24. Marvellous Marketer hereby excludes itself, its Employees and or Agents from all and any liability from:
– Loss or damage caused by any inaccuracy;
– Loss or damage caused by omission;
– Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
– Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

25. The entire liability of Marvellous Marketer to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

Customer responsibilities

26. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).

29. In the case of Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

30. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal information and Registration

31. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

Basis of Sale

32. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

33. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

34. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email.

Service Delivery

35. We will deliver the Services within a reasonable time agreed by both parties. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to:

(a)make a repeat performance;
(b)request a price reduction.

Right to repeat performance

36. You have right to require repeat performance, effectively asking Marvellous Marketer to perform the service again, to the extent necessary to complete its performance in conformity with the contract.

37. We must provide a repeat performance within a reasonable time and without significant inconvenience to you. Marvellous Marketer will bear any necessary costs incurred in doing so.

38. The Customer cannot require repeat performance if completing performance of the service in conformity with the contract is impossible.

Right to price reduction

39. You have the right to a price reduction, this mean the right to require Marvellous Marketer to reduce the price by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction may, where appropriate, be the full amount of the price.

42. The Customer is only entitled to a price reduction in one if the Customer has required repeat performance, but it isn’t possible within a reasonable time and without significant inconvenience to the Customer.

Right to cancel

43. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

44. The cancellation period will expire after 14 days from the day the Contract was entered into.

45. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision via email. We will communicate to you an acknowledgement of receipt of such a cancellation in a by email without delay.

46. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract.

47. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

48. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.

Severability

49. In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone.

Privacy

50. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation (GDPR) with regard to your personal information.

51. These Terms and Conditions should be read alongside our privacy policy.

Complaints

52. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

Governing Law

52. This Agreement shall be governed by English Law.

Back to Home >>

Legal agreement by Rocket Lawyer.