Terms & Conditions
We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In these terms and conditions, you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into agreeing with something that you might later regret. What we do want is what’s best for both parties, now and in the future.
So in short;
You (individual, company or organisation) –
are hiring us (PinkSquare Media) (“We or Us”) to:
Carry out digital marketing services which have been agreed upon via lines of communication between yourselves and our team.
Of course, it’s a little more complicated, but we’ll get to that.
What do both parties agree to?
You: You have the authority to enter into a contract on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, and provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together.
You also agree to stick to the payment schedule set out between us and, when stated, you agree to a 12-month contract term. After the 12 months, the contract turns into a monthly rolling contract.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that, we’ll maintain the confidentiality of everything you give us.
On receipt of your agreement, we will allocate your project to an account manager who will be provide further discussion or direction about your project.
You’ll have plenty of opportunities to review our work and provide feedback. We’ll communicate regularly with you by email and, when appropriate, we will also contact you by either phone, Skype, or Messaging service.
We are confident you will love our direction with your project, however, we do allow up to TWO revisions if you feel we are not going in the direction you requested.
Cancellation after starting work
If — after the TWO revisions — you change your mind about what you want to be delivered or aren’t happy with the direction our work is taking, you’ll pay us in full for the time we’ve spent working until that point, a new contract will be drawn or you may terminate the contract.
Changes and revisions
We don’t want to limit your ability to change your mind. The price at the beginning of a contract is based on the number of weeks that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem. We’ll provide a separate estimate for those additional hours/weeks of work.
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
Your liability to us will also be limited to the number of fees payable under our terms and conditions and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
Finally, if any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from your contract and shall not affect the validity and enforceability of any remaining provisions.
Intellectual property rights
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves or that you have permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that your contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
On completion of the project or contract, and where full payment has been received, you will own the work we designed for you plus the visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You will own all intellectual property rights of text, images, site specification and data you provided unless someone else owns them.
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete project and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio, social media, articles on websites, in magazine articles and in books.
Firstly, your best option to get a response is by email. For general enquiries please email firstname.lastname@example.org. This allows us to direct the email to the correct person within the team and can manage your request more promptly.
However, if you want to speak to a person then call 01229 826626, state which service or issue you have so you can be directed to the correct person.
If you book a phone call consultation then please allow up to half an hour before and after the time stated for us to contact you. This allows us a bit of flexibility due to the high volume of calls and meetings we have arranged.
Facebook Messenger can be used to book a phone call consultation, arrange a meeting or for out of hour emergencies.
Compliments, comments and complaints
All compliments, comments and complaints should be passed to our general manager. They can be contacted at email@example.com or on 01229 826626. All compliments, comments and complaints are reviewed regularly to identify issues and trends and where appropriate, the action is taken to improve policies, processes or services.
All compliments will be passed on to the staff involved within PinkSquare Media. We may also use your compliment for promotional purposes.
We appreciate your comments however, Customers may not receive a response when they make a comment.
All Complaints will initially be dealt with via our account manager.
They will work with you to rectify the complaint as soon as possible.
If the customer still wishes to make a further complaint then this will be escalated to the General Manager who will provide you with further guidance on our complaints procedure.
If the customer supplies an email address, we will reply by email unless they specify another format (for example a telephone response).
When we have replied by telephone we will send out a confirmation email or letter closing the complaint.
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly.
Payment can be paid via BACS, Card or GoCardless within 7 days of receiving your invoice.
We issue invoices electronically. All proposals are quoted in pound sterling and payments will be made at the equivalent conversion rate at the date the transfer is made.
You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice.
At any time while not in default under a contract, the customer may pay the outstanding balance then owing under this contract to us without further bonus or penalty.
Depending on your project you may be expected to pay a deposit for our services. Our deposits can vary from the payment of the first month of the contract to varying amounts between 0 and 100% of the expected price of the work. This is variable depending on the size of the project and will be discussed with you on sale. The deposit is non-refundable unless no work or services have already been utilised or carried out. For example: if we buy a domain name for you and add it to our server and you wish to cancel then this will be deemed as work or services carried out and no refund will be given. All work carried out, before and after the deposit is made, will remain the property of PinkSquare Media until full payment is received for the service.
LATE OR REFUSAL OF PAYMENTS
We understand that sometimes things go wrong and payments may be missed or delayed which is why we have a payment resolution pathway.
Payment Resolution Pathway
- We will contact you to resolve the issue. If the dispute is deemed not a fault on our part then we expect you to pay immediately by BACS (details found on your invoice). We will allow up to two weeks for you to contact us with your difficulties to complete payment. We are understanding and will help as best we can to resolve the issue with you.
- If we are unable to contact you or you fail to contact us before 14 days and where no resolution has been agreed then the project or any other provided services will be stopped until the remainder is paid or a resolution is agreed upon. Full payment will be required before any project is recommenced or any completed projects are released to you.
- If, after 56 days after the refusal of payment, you make no contact or we are unable to contact you and where no resolution has been agreed then we will have no other solution but to move forward and ask our debt recovery agency for assistance. If payment collection is successful then any completed projects will be released to you. Any contractual agreements will be terminated.
- If, after this, we are still unable to recover the full amount and/or it exceeds 90 days from the date on the invoice without payment, your account will be terminated and any files, goods, products or services will remain with our company. Any other products, services, etc purchased or utilised for the project will also remain with our company (e.g. domain name).
We shall not divulge any information about your company, its customers, or finances to any third party.
Any sensitive figures, data, sales projections, budgets amounts, sales reports, etc relating to your business, obtained by us will remain confidential and will not be shared with anyone outside the company. Each Party (the “Receiving Party”) agrees that it will not disclose to any third party or use any Confidential Information of the other Party (the “Disclosing Party”), except as expressly permitted in these terms and conditions, and that it shall take all reasonable measures to maintain the confidentiality of all such Confidential Information in its possession or control, which shall in no events be less than the measures used to maintain the confidentiality of its own information of similar importance. Notwithstanding the foregoing, the obligation of confidentiality shall not apply to any disclosure (i) of information that is in or enters the public domain other than by reason of breach by the Person receiving such information, (ii) of information that was in possession of the receiving Person prior to its disclosure to such Person, or (iii) required by law, regulation, legal process, or order of any court or governmental body having jurisdiction provided, however, that prior to such disclosure, the Party who is required to disclose the information shall inform the other Party and consult with that Party as to the information which will be disclosed and, provided, further, that the information so disclosed shall be limited to that legally required to be disclosed pursuant to such law, regulation, legal process, or order of any court or regulatory / government authority.
We may from time to time publish case studies or client feedback for which we will ordinarily liaise with you, although not necessarily seek full editorial approval. In the case of producing a case study, we may divulge statistics such as CTR or conversion rates, and improvements in traffic, customers and return. We will not disclose any information about revenue or turnover amounts without agreement from you.
But where’s all the horrible small print?
Just like a parking ticket, neither of us can transfer a contract to anyone else without the other’s permission. However, we reserve the right to terminate a contract at any time.
We both agree that we will adhere to all relevant laws and regulations in relation to our activities under a contract and not cause the other to breach any relevant laws or regulations.
If a contract has been agreed then this contract stays in place for a minimum term agreed. After the minimum term then the payments highlighted in the contract will continue and the remaining parts of the contract will remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English and Welsh courts.