The AdExpert

Terms & Conditions

 

This Agreement is between The AdExperts  which is a division of The AdExperts  and the Customer. These terms are subject to change without notice. The current terms are available on the The AdExperts  website at all times for viewing. Payment of invoice is considered customer agreement of the current terms and conditions of The AdExperts service.

 

 

1. QUOTATIONS

1.1 All quotes are valid for 30 days.

1.2 Quotes are based on a reasonable time schedule and may be revised to take into consideration the Customer’s priority scheduling requests.

1.3 All quotations exclude VAT.

 

2. PROJECT  PAYMENT

2.1 All work quoted under £1000.00 must be prepaid in full. No exceptions.

2.2 All work quoted over £1000 is split into 2 invoices. The 1st invoice is 50% and must be prepaid in full prior to work commencing on the project. The 2nd invoice is also 50% and must be paid in full upon concept design sign off. No exceptions.

2.3 All campaign's have a 30 days notice period attached, once the client has completed there trail month. The cancellation cost will be 100% of there previous months invoice.

2.4 The cost of additional services including but not limited to, fonts and stock images purchased at the Customer’s request, shall be added to the final invoice.

2.5 All invoices are payable on receipt.

2.6 Until invoices are paid in full, all work on the project will cease. The AdExperts reserves the right to charge interest on past due balances at the rate of 5% per month. 

2.7 A bank transfer is only Accepted in month 1

2.8 Website Development, Marketing, Hosting, domain registration, SSL, gateway and CMS user accounts are subscription services that must be paid in advance. In NO circumstances shall the customer be entitled to any refund once works have started.

2.9 All printing costs must be paid in advance.

2.10 Upon termination all outstanding charges will become immediately payable. The AdExpert is entitled to invoice the Customer for all Services not yet invoiced. In NO circumstances shall the Customer be entitled to any refund.

 

 

3. PRODUCTION SCHEDULE

3.1 Where production schedules are not adhered to by the customer or The AdExperts due to downtime {11.3}, final delivery dates will & can be adjusted accordingly and advised.

3.2 All website development will require a minimum of 4 - 6 weeks for first review to be ready for accessment, E-Commence website development will require a minumum of 8-10 weeks for first accessment.

3.3 The AdExperts will do our best to meet agreed production schedules. Schedules will be based around the Customer’s needs and agreed by both the Customer and The AdExperts prior to work commencing.

3.4 Occasionally projects become more complex and production timing can be delayed. If the Customer asks for work to be produced outside The AdExperts normal business hours, (i.e. outside 9am and 5pm week days) 

 

4. SUPPLIED CONTENT

4.1 The Customer must provide The AdExperts a detailed written brief for the project. It is the Customer’s responsibility to supply as much direction as possible to ensure project satisfaction.

4.2 Unless The AdExperts is supplying copywriting services, all content must be supplied prior to work commencing on the project.

4.3 Textual content must be supplied in its final edited form in a text/word document. Please do NOT supply draft versions of content. The AdExperts is not responsible for any spelling and grammatical errors.

4.4 All work includes 1 round of textual content revision (up to 2 hours in total) changes are included. Extra costs will be incurred for additional textual content changes.

4.5 Image content changes will incur extra costs.

4.6 Website content is set per page at a maximum of three hundred (300) words, six (6) in text links and two (5) images.

4.7 The quote specifies the number of pages / items that The AdExperts will add to the Customer’s website during development. Additional content to be added will incur extra costs.

 

5. SIGN OFF

5.1 The Customer must review and sign off (approve) in writing all work prior to the next stage of development, file exchange, print or website launch.

5.2 All work carries a maximum two (2) rounds of revisions prior to sign off. Revisions required after sign off are the responsibility of the Customer. 

5.3 Although The AdExperts will test the Customer’s website when launched, it is the responsibility of the Customer to check and approve all aspects of the website.

5.4 The AdExperts is not liable for errors or omissions. It is the Customer’s responsibility to check proofs/test websites carefully for accuracy in all respects including but not limited to spelling and functionality.

5.5 The AdExperts will endeavour to store files after project sign off for a period of 3 months.

5.6 Once payment has been recieved, you as the client will be agreeing & accepting the term of this agreement. 

 

6. PRINTING

6.1 The AdExperts accepts no liability for any printer errors. No reprints at The AdExperts expense will be printed.

6.2 Due to the nature of The AdExperts offset printing, products may have colour variations on various print runs. Print colour may vary from print run to print run and/or from job to job or from front to back.

6.3 Orders with manufacturing defects will be reprinted at the discretion of the printing company.

TERMS AND CONDITIONS OF The AdExperts WEBSITE SERVICE

 

7. EMAIL, WEB HOSTING & CMS USER ACCOUNT

7.1 The AdExperts will provide the Customer ongoing support during business hours ONLY (i.e. 9am to 5pm week days) via:

a) Upgrading the CMS as applicable.

b) CMS initial training for up to 2 hours duration.

c) Technical support for 1 staff member by phone or email for 1 hour duration per week within a 48 hour response time.

7.2 Out of business hours and additional support requirements will incur extra costs.

7.3 It is the sole responsibility of the Customer to maintain backup copies of any materials, files or data bases placed on email and/or hosting servers managed by The AdExperts. At no time shall The AdExperts assume any liability for lost customer content.

7.4 The AdExperts hosting partners endeavour to provide continuous uninterrupted service at all times; however the Service provided to the Customer is not fault free and relies on factors outside the control of The AdExperts. All hosting service is provided at such times and means as The AdExperts decides.

7.5 It is the sole responsibility of the Customer to check additional terms of Services including but not limited to, software and hosting supplied by The AdExperts.

 

8. INTELLECTUAL PROPERTY

8.1 Unless otherwise agreed in writing, copyright of all Services will remain the property of The AdExperts.

8.2 Upon final payment in full, copyright of the Customers final logo design and/or web design direction ONLY will pass from The AdExperts to the Customer. The Customer WILL NOT have any rights to design drafts, illustrations, software, music, code and/or script used in creating the project.

8.3 Upon final payment in full, the Customer is granted a non-exclusive, non-transferable license to use the CMS software supplied by The AdExperts. An annual CMS user account and/or software licence fee may be applicable. The AdExperts reserves the right to withdraw the Customer’s license to use the CMS Software.

8.4 The Customer warrants not to copy, replicate, distribute, loan, decode, disassemble or modify the CMS Software or any part of it.

8.5 The Customer must hold confidential all Services provided by The AdExperts and take all reasonable steps to protect the Intellectual Property of The AdExperts.

8.6 The Customer agrees to exercise due diligence in its direction to The AdExperts regarding preparation of materials. The Customer is responsible for all trademark, copyright and patent infringement clearances and is responsible for arranging any licenses or royalty payments.

8.7 The AdExperts reserves the right to distribute and publish all work created.

8.8 The AdExperts reserves the right to add or withdraw credits to all work created. Extra costs will be incurred if the Customer requests to hide credit.

 

9. CANCELLATION

9.1 The AdExperts reserves the right to suspend and/or cancel any Service, including but not limited to, CMS license, SSL, CMS User Account, email account, web hosting and/or domain registration, if:

a) the Customer has any outstanding invoices.

b) the Customer fails to comply with any provision in this agreement or those referenced in this agreement.

c) The AdExperts decides the hosting or CMS account has been inappropriately used, including but not limited

to, NO adult content, NO Spam, NO copyright infringement.

d) The AdExperts deems the Customer’s use of our services may jeopardize the operation of the Service, The AdExperts strategy or our suppliers.

9.2 Either party may terminate the project with 30 days written notice to accounts@theadexperts.co.uk.

9.3 The Customer cannot reassign its rights under any agreement with The AdExperts without the prior written consent of The AdExperts. The AdExperts may transfer the Customers rights to another party with 30 days written notice.

 

10. LIABILITY & INDEMNITY

10.1 The AdExperts is not liable to the Customer or any other person for any cost, loss, damage or liability (including loss of profit or other damage including consequential however caused whether by negligence or otherwise) arising from:

a) The AdExperts supply, failure or delay in supplying the Service.

b) content, context or confidentiality of communication using the Service.

c) any software hosted, licensed or designed by The AdExperts & Strategy partner.

d) accessing of defamatory and/or offensive material via The AdExperts Services.

e) incompatibility of the Service on web browsers or lack of plug-ins/helper programs if advanced technology is used on the Customer’s website.

10.2 The Customer will be liable for all expenses incurred by The AdExperts resulting from any security breach, attack and/or error that involves, but not limited to, Customer hosting, hardware, software, network configuration and IP addresses.

 

 

11. MISCELLANEOUS

11.1 This agreement shall be governed by the laws of United Kingdom and the parties hereby submit to the exclusive jurisdiction of the UK Courts.

11.2 If any provision of this agreement is agreed or held to be unenforceable, that will not affect the validity of the other provisions of this agreement.

11.3 If The AdExperts experience any downtime due to security or virus issues outside The AdExperts firewalll which affect the operations of The AdExperts we will advise on all platforms, via support updates. We as The AdExperts CAN NOT be held resposible for any downtime caused.  We will still provide the service first agreed.

11.4 Failure by The AdExperts to enforce any of these conditions shall not be construed as a waiver of that condition or any other condition.

 

 

12. TERMS AND CONDITIONS of The AdExperts, ADVERTISING, MARKETING AND OPTIMISATION SERVICE

12.1 We guarantee that the client will see improvements in their website performance over time if they adhere to our ongoing maintenance program.

12.2 All services are provided within the appropriate conduct of third party providers such as search engines and within the Internet laws current at the time of implementation.

12.3 Parts of our services offer links to third party websites. These linked sites are not under our control and we are not responsible for the conduct of companies that we may link your website to and nor are we responsible for the conduct of the businesses that our website links to. If you visit one of these linked sites, we recommend you refer to their privacy policy or statement.

12.4. This agreement does not include the cost of hosting, domain name registration, internet access or data other than that specified above.

12.5. Google Adwords Advertising expenditure is not included in any Google Adwords Campaigning proposal.

12.6. Any proposals presented regarding our products and services are intended for the specified client in the proposal ONLY and not to be used by any other individual, business or company.

12.7. This agreement contains trademarks, logos and expressions, which form part of the intellectual property of The AdExperts and its partners and associates.

12.8. We expressly disclaim any and all liability to any person or organisation, whether a purchaser of the materials offered or not, in respect of anything, and of the consequences of anything done or omitted to be done by any such person or organisation in reliance, whether in whole or partially, upon the whole or any part of the contents of this quotation and or the products and or services offered herein.

12.9. By accepting this agreement you agree to release and indemnify The AdExperts from and against any claims arising from reliance on the information on any products or services provided.