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. Any materials or information necessary to perform Our services shall be provided immediately upon acceptance or within any period stated in the Proposal.
5. In the case of a fixed-term campaign, payment shall be made in advance for our services and shall be subject to the termination fees set out below.
6. In the case of a rolling marketing contract, invoices shall be issued for our services monthly in arrears and shall be payable immediately, unless a period of credit is expressly granted on the invoice. Any queries regarding an invoice must be raised within any period of credit and any non-disputed amount paid within that period.
7. The date of payment shall be the date the funds are credited to our bank account.
8. 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.
9. 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.
10. In the event that any payment is not made in a timely manner, we may suspend performance of our services without notice, withdraw credit and render any amounts owed immediately due and payable as a debt.
11. 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.
12. 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.
13. In the case of a rolling marketing contract, you must provide 1 month’s written notice in order to terminate our agreement otherwise the contract shall continue for a further term until so terminated.
14. In the case of a fixed-term campaign, cancellation will be subject to the following charges in light of our allocation of resources to fulfil our commitment to You, unless otherwise agreed by the parties in writing:
Cancellation prior to first working day of the month scheduled for the contractual services.
Written cancellation 7 days or more in advance.
Written cancellation 2-6 days in advance.
Up to 48 hours in advance.
Charge upon termination
50% of agreed monthly fees
100% of agreed monthly fees
16. 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.
17. Nothing in these Terms and Proposal shall be deemed to make Us a servant, agent, employee or partner of Yours.
18. 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.
19. 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.
20. 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 processor and shall not be held responsible for any mismanagement of data that does not belong to Us.
21. 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.