Terms and Conditions
Thank you for visiting our website(s) – https://blackgrapemarketing.co.uk – social media channels and apps.
Please read the Terms and Conditions contained in this document carefully, as any use of our website(s), social media channels and apps constitutes your acceptance of the Terms and Conditions set out herein. Our Terms and Conditions were last updated on 7th March 2022.
Overview & Definitions
In these Terms and Conditions, the following definitions apply:
- “Company” means Black Grape Marketing (“BGM”)
- “Content” means information, text, graphics, videos, or other material made available, including via our website(s), social media channels or apps
- “Customer” means the individual or corporate entity, that contacts the Company about / orders the Service(s) from the Company
- “Party / Parties” means the Customer and the Company
- “Service(s)” means the service(s) provided by the Company to the Customer
- “Session” means any meeting, consultation, training or collaborative work appointment which entails allocated time / resources. Included, but not limited to, payment for the hire of a meeting room or payment to book a trainer / public speaker / celebrity.
Entire Agreement & Jurisdiction
These Terms and Conditions constitutes the entire agreement between the Parties. It supersedes and excludes any prior, written or oral, representations or warranties made by the Company to the Customer.
The Service is intended for United Kingdom Customers only. These Terms and Conditions are governed by English Law. The Parties hereby submit to the exclusive jurisdiction of the courts of England should any dispute arise.
Where the Service(s) is ordered by a Customer that is a corporate entity (defined as either a sole trader, partnership, private limited company, public limited company or registered charity), the named Directors of the corporate entity hereby agree to be severally liable for the fees payable to the Company for the Service(s).
Where the Customer is an individual, the individual hereby agrees to be solely liable for the fees payable to the Company for the Service(s). The Service(s) is not available to those under the age of 18 years.
The Company reserves the right, with or without the Customer’s permission, to display and link to any work undertaken as part of its portfolio, and to promote and write about it online and offline.
Should the Company be sold to another company, these Terms and Conditions shall become null and void. All Customer details shall be passed to the new Company, who will make contact with the Customer to ensure they are happy with the new Company and the new agreement. If they are not, they can terminate the new agreement at that point.
Should a disagreement arise for any reason. In the first instance all details should be put in writing by the Customer to the Company who will endeavour to resolve the dispute. Should this not prove possible mediation shall be sought before litigation is actioned.
Any breach of these Terms and Conditions by the Customer may result in immediate termination of this agreement by the Company. Such termination will be at the entire discretion of the Company.
The Company reserves the right to refuse the Service(s) to anyone for any reason at any time. We also reserve the right to restrict, suspend or terminate without notice your access to our website(s), social media channels and apps.
Copyright & Intellectual Property
Our website(s), social media channels and apps are the property and Copyright © of Black Grape Marketing. All rights reserved. The design and all content have been exclusively commissioned for the Company and prevents it from being copied or duplicated elsewhere.
The Customer guarantees that all elements of text, images or other artwork provided to the Company, for use in delivering the Service(s), are either owned by the Customer, or that the Customer has all requisite licenses/permissions to use them.
Any text, images or other artwork created by the Company as part of the Service(s) on behalf of the Customer shall be licensed to the Customer, for use on their website(s), social media channels, apps or for any other purposes, such as their own printed material or advertising.
Warranties
Use of this website(s), social media channels and apps is at your own risk and is provided to you on an “As Is” and “As Available” basis. The Company gives no warranties of any kind, whether express, implied, statutory or otherwise, including the implied warranties of merchantability or satisfactory quality and fitness for a particular purpose or representations that material will be complete, accurate, reliable, timely, non–infringing to third-parties, that access will be un–interrupted or error–free or free from viruses, that it will be secure, that any advice or opinion obtained from the Company is accurate or to be relied upon and any representations or warranties thereto are accordingly expressly disclaimed.
Transmission
Any non–personal communication or material the Customer transmits to the Company by e-mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non–confidential and non–proprietary.
Anything the Customer transmits, or posts, becomes the property of the Company, and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Company is free to use for any purposes whatsoever, including but not limited to, the developing, manufacturing, advertising and marketing of any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication the Customer sends. Any such use is without compensation to the Customer. By submitting information, the Customer is warranting that they have the correct licences/permissions to the material/content submitted, that it is not defamatory and that the Company will not violate any third party’s rights or otherwise place us in breach of any applicable laws. The Company is under no obligation to use the information submitted by the Customer.
Third-Parties
At the Company’s discretion, from time to time, our Service(s) may contain advertisements or links to third-party websites, products or services.
The inclusion of any third-party links does not necessarily imply a recommendation or endorse the views expressed within them, the company, product or service. The Company has no responsibility or liability for the nature, content, activities, accuracy, function or availability of these linked sites.
These sites are not owned or controlled by the Company; however, we seek to protect the integrity of our site and welcome any feedback about these sites.
Third-party sites have separate legal and privacy policies that you should read.
Limitation of Liability
“Losses” in this agreement refers to the following types of losses: direct, indirect, incidental, consequential, special or punitive damages, loss of profits, loss of income/sales, loss of goodwill, loss of search engine rankings, loss of advertising costs, loss of use, loss of data or any other intangible losses.
The Customer orders the Service(s) from the Company at the Customers own risk, and the Company provides no warranty or guarantee of the Service(s).
The Company is only liable for the maximum amount of fees that has been paid to the Company.
Once the Customer has approved any design for printed material, responsibility is with the Customer for any typos or errors that are printed. Full payment will be required to be made by the Customer to the Company for any incorrect version and any replacement version required.
The failure of the Company to exercise or enforce any of the Terms and Conditions of this agreement shall not constitute any type of waiver of such right of provision.
Acceptable use of our Service(s)
Our Service(s) allows the Customer to contact the Company for further information using our Contact Us Form. Details provided during the contact process will be held securely in line with our Privacy Policy.
The Customer is responsible for any Content that is used as part of our Service(s) and where it is posted, linked, stored, shared, commented and otherwise made available, including to any third-parties.
Forbidden use of our Service(s)
The Customer is prohibited from doing any act that the Company may deem to be inappropriate and unlawful, including, but not limited to:
- Harassing or abusing of other users, including defamatory, racist, obscene, threatening, pornographic or otherwise unlawful content and comments
- Violating the rights of other users
- Committing copyright / intellectual property right infringement against the Company or any third party
- Hacking user accounts
- Committing fraudulent acts
- Posting material that may be deemed inappropriate or offensive, and/or
- Uploading files that contain viruses that may cause damage.
Price and delivery of the Service(s)
Our Service(s) is aimed at UK based Customers only. Where the Customer’s registered address is located within the UK, all costs include VAT at the prevailing rate of the United Kingdom, unless stated otherwise.
The price for work undertaken will be quoted and invoiced on an individual / bespoke project basis.
Prior to commencing work, where possible the nature of the work discussed, and estimated timescales and costs, including delivery costs, will be described to the Customer in a Scope of Work Document (“SOWD”). The SOWD is an estimate only, and sometimes the work will take shorter / longer than expected to complete or cost more / less than expected. The Company does not accept any liability for any losses caused as a result of the Service(s) not being performed in the estimated time and budget.
The SOWD will be valid for 30 days. Once the Customer has approved the SOWD, the work undertaken will be fully scoped out and a written quotation will be issued for approval prior to any work being undertaken.
Prices may periodically increase from time to time. The Company shall confirm any price increase to the Customer as soon as they become aware of it. If the Customer is not happy with the price increase, they may terminate the contract with the Company at that time.
Payment for the Service(s)
Once the work has been undertaken, payment for the Service(s) must be paid in full within 30 days of delivery of an invoice to the Customer by the Company.
Payments should be made by the Customer via bank transfer to the Company. The bank details to be used will be the ones printed on the invoice.
Where the Company has agreed to accept staged payments for work undertaken. A payment plan will be set out in writing in the SOWD or quotation. All stages must be paid in full within 30 days of delivery of an invoice to the Customer by the Company.
For on-going monthly billing items, for example website hosting, the Customer will be required to set up a standing order with their bank to pay the Company on the 1st of each month. A monthly invoice will not be issued in this case. This can be cancelled at any time by the Customer. However, if this is for website hosting it will then cease and the website will no longer be live on the internet.
Cancellation / Refunds
If the Service(s) includes a Session, the Session can be cancelled at any time up to 48 hours prior to the start of the Session without penalty. If the Session is cancelled within 24 hours, the Company reserves the right to request payment of 50% of the Session duration.
The Customer is permitted to cancel the provision of the Service(s) at any time in writing. If this occurs before the Company has commenced work, a full refund of monies paid by the Customer shall be issued by the Company within 30 days.
Where the Company has commenced work on the provision of the Service(s), the Customer will not be entitled to a refund of any monies paid to the Company, except where expressly authorised, in writing, by the Company. Where the Company has carried out work in value greater to any monies paid to the Company, the Customer shall be required to make additional payment up to the value of the work carried out until the point of cancellation. It is the Company’s sole discretion to indicate the value of the work carried out.
Where the Company has agreed to accept staged payments for the work undertaken, and in the event of cancellation by the Customer, the Company shall assess the amount of work completed and inform the Customer within 7 days of their notice to cancel whether any refund to the Customer is due or whether a further payment should be made by the Customer to complete payment for the work completed.
If a Customer receives damaged or faulty goods, in order to receive a full refund, all goods must be returned to the Company in the same condition that they were received. Organising the return, and the costs of returning the goods, will be borne by the Customer.
Where a refund is due to the Customer, it will be processed by the Company within 30 days.
Where a further payment is required from the Customer to the Company, the Customer shall make payment within 30 days.
Should an invoice issued by the Company not be paid by the Customer within 30 days, the Company shall attempt to make contact with the Customer to ascertain why. If there is a legitimate reason or oversight, a further 7 days grace may be permitted for full payment to be made. After that the invoice will be passed to our debt collection agency to action.
Changes
The Company reserves the right, at its sole discretion, to modify or replace these Terms and Conditions at any time. You should refer back to these Terms and Conditions periodically, to make sure you are still happy with any changes that have been made.
Contact Us
If you have any questions about these Terms and Conditions, please contact us by:
- Using our website Contact Us Form
- Email: hello@blackgrapemarketing.co.uk
- Call us on: 07803 708072
- Or write to us at: FAO Samantha Larcombe, Black Grape Marketing, Suite 70, Capital Business Centre, 22 Carlton Road, South Croydon, Surrey, CR2 0BS
- Office Opening Hours: Monday – Friday. 9am – 5pm. Closed Saturday and Sunday.