Force 5 Marketing Force 5 Marketing

Terms & Conditions

  1. Contract

1.1 The Contract between The Supplier, Force 5 Marketing, 1 Millbank Cottages, Millbank, Hoath, Canterbury, Kent, CT3 4LP, & you (The Client named at the beginning of this document) is effective from the time we accept your letter or email giving instructions to proceed with the project. This may be dependent on receipt of a bank reference or some alternative form of credit approval procedure. The receipt of this letter or email is a contractual obligation. If you fail to authorise agreement to proceed with the project we are entitled to suspend any ongoing work until the said documentation has been received.

 

  1. Clients responsibilities

2.1 Payment for the services supplied will be on the following basis: Payment to conform to the schedule laid out in the fee summary section of this document. Payment to be made on the completion of each stage of the contract prior to release of work and commencement of the next stage of the contract. If a payment is not made within 14 days, The Supplier may charge interest on all sums outstanding at the rate of 3% above the prevailing base rate of HSBC Bank, such interest to accrue on a daily basis. VAT will be added to all invoices at the relevant rate where applicable.

 

2.2 The Supplier shall invoice The Client based on the following payment terms: 30% of the Contract Value upon commencement of the project. The remaining 70% of the Contract Value is to be paid immediately on acceptance of the project.

 

2.3 For Contracts requiring The Supplier to incur third party costs on behalf of The Client or where the Contract Value may warrant a change in the payment terms stated in clause 2.2, The Supplier reserves the right to amend these terms with the agreement of the Client.

 

2.4 The Supplier may vary their charges at any time. The Supplier will give The Client such prior notice as is practicable.

 

2.5 The Client is liable for all charges whether or not accrued by them & for any extraordinary costs incurred in administrating this Contract including collecting any payments.

 

  1. Liability

3.1 The Supplier will not be liable to The Client in the event that they are unable to perform an obligation or services to The Client because of any factor outside of their control, including but not limited to Acts of God, Industrial action, default or failure of a third party, war or government action.

 

3.2 The Supplier does not provide any guarantee or agree to be held liable for any consequential loss or cost incurred by The Client in any alleged breach of this Contract or service provided.

 

3.3 The Supplier does not acknowledge any liability for any errors, which The Client has failed to correct in submitted proofs or agree to be held liable for any consequential loss or cost incurred by the Client.

 

3.4 The Supplier does not acknowledge any liability for any data loss or error in data transmission between The Client and The Supplier or agree to be held liable for any consequential loss or cost incurred by the Client

 

  1. General

4.1 This Contract is the complete & exclusive statement of the Contract between The Client and the Supplier. It supersedes all understandings or prior Contracts, whether oral or written, and all representations or other communication between the two parties. This Contract shall not be amended unless agreed in writing by either party.

 

4.2 Any waiver, concession or extra time The Supplier may allow The Client is limited to the specific circumstances in which it was given. It does not affect the Suppliers’ rights under the Contract in any other way.

 

4.3 Standard reservation of title exists to ensure that all goods, services & products provided by The Supplier will remain their property until final settlement of all invoices relating to said products has been received & cashed. Transfer of title will only take place upon final payment.

 

4.4 The Supplier reserves title and ownership of all copyright and intellectual property applied to The Client’s service.

 

4.5 The Client shall provide such reasonable access to the premises and facilities therein as The Supplier may reasonably require for the provision of the service. Named employees of The Supplier may only work on the premises with the authorisation of The Client.

 

4.6 The Client shall supply all relevant information to the best of its ability for the Supplier’s service.

 

4.7 The Client shall be liable for all costs and losses incurred from inaccurate or incomplete information provided to The Supplier for the proper completion of the service.

 

4.8 Unless otherwise agreed in advance between both parties, The Supplier shall provide only limited indemnification for personal injury, damage or loss to any property or person which arises out of the act, default or negligence of the Supplier, its agents or sub-contractors. For the appropriate level of indemnity, please apply to the Managing Director, 1 Millbank Cottages, Millbank, Hoath, Canterbury, Kent, CT3 4LP.  Unless requested, The Supplier will assume no cover is required by The Client.

 

4.9 Unless otherwise agreed in advance between both parties, The Supplier reserves the right to advertise or publicly announce that it provides a service to The Client.

 

  1. Confidentiality

5.1 Each party shall treat as confidential all information supplied to or obtained by it for the purposes of the Contract. Both parties shall ensure that this information is not disclosed to any third party without their express written prior approval.

 

5.2 Both parties undertake to ensure that all staff, contractors and consultants are made aware of the confidential nature prior to such disclosure and that such individuals have a duty of confidence to the disclosing party.

 

5.3 The foregoing obligations shall remain in full force and effect not withstanding any termination of the Contract, however occasioned.

 

  1. Assignment

6.1 The Supplier shall not assign or otherwise transfer the Contract or any of its rights and/or obligations hereunder whether in whole or in part without the prior written consent of The Client.

 

  1. Termination – This Contract may be terminated:

7.1 Within 30 days of a receipt of notice in writing to the registered offices of either party where there is a fundamental breach of these terms (in the case of a breach capable of being remedied, an additional 14 days is provided to facilitate the remedy). Breach of contract will include the late or non-payment of agreed remuneration.

 

7.2 Forthwith by one party if the other party shall become bankrupt or make an arrangement with its creditors to go into liquidation or an administrator or receiver or trustee or other similar officer shall be appointed over all or a substantial part of the assets.

 

  1. Notices

8.1 Any notice required or permitted under the terms of the Contract or required by statute law or regulation shall be in writing and will be delivered in person or sent by special delivery post. Any such notice shall be considered to have been given at the time when actually delivered, if delivered in person, when sent, if by post two days after it was mailed in the manner herein before provided.

 

  1. Waiver

9.1 No forbearance, delay or indulgence by either party in enforcing the provisions of the Contract shall operate as a waiver of any subsequent breach. To be effective any waiver must be in writing signed on behalf of the party granting the waiver.

 

  1. Law

10.1 These conditions and all other express terms of this Contract shall be governed and construed in accordance with the Laws of England