Thank you for choosing Cash Cow Marketing Ltd. Below are our standard terms and conditions of business, which will apply to our business relations and we ask you to read them thoroughly. No signature is required under the terms and conditions in order for them to apply.
1. These terms will apply between Us, Cash Cow Marketing Limited (company number 07421959) and You, the individual, sole-trader and/or company specified in the Proposal or who has requested the Proposal and any subsidiary or parent of such company.
2. The terms of our agreement are set out in Our Proposal and in these standard terms and conditions of business (the “Terms”). In the event of any discrepancy, the terms of Our Proposal shall prevail.
3. Your acceptance of Our Proposal may be expressed verbally, in writing or by means of a purchaser order, provided that these Terms and the terms of the Proposal shall prevail over any terms You propose, unless they are accepted by Us in writing.
4. Our work is charged on the basis of an on-going commitment for a number of days/hours set out in the Proposal or otherwise agreed in writing.
5. Any materials or information necessary to perform Our services shall be provided immediately upon acceptance or within any period stated in the Proposal.
6. Invoices shall be payable within 30 days of the invoice date, unless agreed otherwise or unless credit is withdrawn hereunder. Any queries regarding an invoice must be raised within the 30 day payment term and any non-disputed amount paid within that period.
7. The Late Payment of Commercial Debts (Interest) Act 1998 as amended shall apply to any amounts due that have not been paid on time. Additional Late Payment Compensation in accordance with the above Act amounting to 10% of invoice value shall be payable in the event that any debt recovery or legal action is necessary to recover any overdue amounts. You also indemnify us in full against any legal and court costs we incur including in the small claims track if litigation is necessary to recovery any amounts due to Us.
8. You may not set-off or deduct any amounts you believe to be due to You against any amount due to Us for our services.
9. In the event that any payment due is not made in a timely manner, we may withdraw credit and render any amounts owed immediately due and payable.
10. The arrangements set out in these Terms and Proposal are personal to You and You may not assign, transfer, sell or give the benefit of them to anybody else.
11. We reserve the right to terminate the agreement with You set out in these Terms and the Proposal immediately if you cease to carry on business, are wound up, declared bankrupt or are dissolved or if you fail to make any payments due in a timely manner.
12. In the case of ongoing campaigns, You must provide 1 month’s written notice in order to terminate our agreement. You may terminate other services without charge up to 7 days before the first working-day booked. Termination within 7 days of the first working-day will be subject to a 50% charge of the total order amount, termination made within 48 hours will be subject to 100% charge of the total order amount, unless otherwise agreed by both parties in writing.
13. Any information, data and materials obtained or generated during performance of the agreement will remain Our property until full payment has been received.
14. Any relevant data or database given to us by you will remain your property at all times and will not be disclosed or transferred to any third party unless you direct us otherwise.
15. Nothing in these Terms and Proposal shall be deemed to make Us a servant, agent, employee or partner of Yours.
16. We shall not be liable for any liability, loss (including consequential loss), damage, delay or expense of any nature that You or any third party incurs in connection with the performance or non-performance of our agreement. Your sole remedy for any proven breach of our Agreement by us shall be repeat performance of the project.
17. You and any end-user agree not to directly or indirectly, either alone or jointly with any person, approach or solicit any of our staff for employment or clients or potential clients in respect of the provision of any service A client is defined as any individual, partnership or company that You or the end-user has dealt with within the last 12 months prior to the termination date, whether or not they entered into a contract. This restriction applies for the duration of this agreement and for a period of 12 months following termination.
18. You shall not provide any personal data which may be subject to regulation under the GDPR or other data protection legislation. We act under instruction as a 3rd party and as a data controller or processor and shall not be held responsible for any mismanagement of data that does not belong to Us.
19. The laws of England and Wales shall apply to the agreement and the English courts will have exclusive jurisdiction to determine any dispute arising therefrom or in connection therewith.