Terms and Conditions Business

Melville Marketing Ltd.

TERMS & CONDITIONS

1. Acceptance and Binding Nature

By engaging with Maurice Watts T/As Melville Marketing, or Melville Marketing Ltd. in any way, you (hereafter referred to as ‘The Client’) agree to be bound by these terms and conditions in their entirety. It is acknowledged that both parties intend to create a legally binding agreement.

2. Offer and Acceptance

Any engagement will be defined by a ‘Terms of Engagement’ document or formally accepted written quotation. The Client's acceptance of the quotation or the Terms of Engagement document constitutes acceptance of these terms and conditions.

3. Consideration

Both parties agree to provide consideration for the contract, with the Client paying the fees as outlined and Melville Marketing Ltd. providing the services specified.

4. Capacity and Consent

Both parties confirm they have the legal capacity to enter into this contract and are not under duress or undue influence.

5. Identification of Parties

The parties to this agreement are:

• Maurice Watts T/As Melville Marketing or Melville Marketing Ltd.
• The Client, whose details are as specified in the Terms of Engagement document or quotation.

6. Fees and Payment Terms

• Our rates are as stated in “Fees” on the https://apps.fliplet.com/melville-marketing/home-1c9p6 Progressive Web Application.
• Payment is expected within seven days of invoice. Interest may be charged at the rates charged to us by our bank, including any penalties and surcharges approved by law, if payment is not received within thirty days. We reserve the right to refuse further services until any outstanding invoice is paid.

7. Booking and Cancellation

• Bookings may be made by an order in writing or by email with a valid purchase order number and or by returning a signed ‘Terms of Engagement Document.’
• Cancellations must be made in writing at least 48 hours (not including weekends and bank holidays) prior to commencement to avoid charges. Cancellations between two and seven working days prior will attract 50% fee charges.
• 8. Scope of Work

• The work scope, including nature of the work, deliverables, deadlines, and other pertinent information, is thoroughly described in the Terms of Engagement document or quotation attached.

9. Intellectual Property

• The Client acknowledges that Melville Marketing Ltd.'s rights to the Intellectual Property used in connection with the Services and the goodwill connected with that (Melville Marketing Ltd.'s Intellectual Property) are Melville Marketing Ltd.'s property.
• The Client is permitted to use Melville Marketing Ltd.'s Intellectual Property only for the purposes of and during the term of this agreement and only as authorised by Melville Marketing Ltd. in this agreement or otherwise in writing.

10. Data Protection

• The parties agree to comply with all applicable data protection and privacy legislation in force from time to time in the UK, including the UK GDPR, the Data Protection Act 2018, and other relevant regulations.
• Each party shall ensure that it has all necessary notices and consents and lawful bases in place to enable lawful transfer of the Shared Personal Data to the Permitted Recipients for the Agreed Purposes.

11. Confidentiality

• Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, assets, affairs, customers, clients, or suppliers of the other party, except as permitted by this clause.
• Confidential information may be disclosed to employees, officers, representatives, contractors, subcontractors, or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with this agreement.

12. Force Majeure

• Neither party shall be liable for any delay or failure in the performance of its obligations for so long as and to the extent that such delay or failure results from events, circumstances or causes beyond its reasonable control. If the period of delay or non-performance continues for 60 days, the party not affected may terminate this agreement by giving not less than 60 days' written notice to the affected party.

13. Commencement, Initial Term, and Notice to Terminate

• This agreement shall become effective on the Commencement Date. Unless terminated earlier in accordance with law, it shall continue for an initial term of 1 Year and after that, until one party gives the other party written notice to terminate to expire on or after the expiry date of the initial term.

14. Termination for Cause

• Melville Marketing Ltd. may terminate this agreement with immediate effect by giving written notice to the Client if the Client commits a material breach of any term of this agreement, or if the Client's financial position deteriorates, or in other specified circumstances.

15. Accrued Rights

• Termination of this agreement shall not affect any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages for any breach of the agreement which existed at or before the date of termination.

16. Governing Law and Jurisdiction

• This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
• The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation.

17. Entire Agreement

• This agreement constitutes the entire agreement between the parties.
• Each party acknowledges that in entering into this agreement it does not rely on any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in this agreement.

18. Variation

• No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

19. Waiver

• A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay or failure to exercise, or the single or partial exercise of, any right or remedy does not waive that or any other right or remedy.

20. Severance

• If any provision or part-provision of this agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. The parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

21. Notices

• Any notice given to a party under or in connection with this agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its place of business (in any other case) or sent by email to the specified addresses.

22. Third Party Rights

• This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. The rights of the parties to rescind or vary this agreement are not subject to the consent of any other person.

23. Announcements

• No party shall make, or permit any person to make, any public announcement concerning the existence, subject matter or terms of this agreement, the wider transactions contemplated by it, or the relationship between the parties, without the prior written consent of the other parties, except as required by law.

Details of Business:

Maurice T Watts, sole trader, T/As Melville Marketing, and

Melville Marketing Ltd. (No.14177308), VAT Number: 970 9867 61

Melville House, 2 the Glade, Staines, Middlesex, TW18 1EW.

Tel: +441784 451066 Mobile: +44 7712 828653

E-Mail: [email protected]

Website: - www.melvillemarketing.com