TERMS & CONDITIONS
Application and entire agreement
1.
These Terms and Conditions apply to the provision of any products or services detailed in our proposal (verbal or via email) by LA Marketing and Automation Limited, a company registered in England and Wales under number 8949506 whose registered office is at Unit 3b, Edison Court, Wrexham Technology Park, LL13 7YT (We) to the person buying the products or services (You).
2.
You are deemed to have accepted these Terms and Conditions when you make your first payment or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions (the Contract) are the entire agreement between us.
Explanation of Services:
3.
Our services include: Marketing Strategies, Copywriting, Design, Technical support, email marketing, marketing automation, funnel building, web design, and web hosting and maintenance.
4.
We warrant that we will use reasonable care and skill in our performance of the Services, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
5.
We will use reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation, however, time shall not be of the essence in the performance of our obligations.
Explanation of Products
6.
We create and supply training and software products, supporting you in your marketing strategies.
a)
Training products include access to our library of video training materials and documentation (Market Aim Launch).
b)
Software products are subscription based, giving you access to software that manages your entire marketing funnel, contacts, email marketing and calendar. (LA Suite).
Scope of Work (Services)
7.
We shall perform for the Client those services and deliver to the Client those items listed in the Scope of Work which is included in the project. Anything that is not listed therein is not included and is not implied to be included.
Days We Are Open
Office hours are 9:00 AM GMT – 5:30 PM GMT, Monday-Thursday (no weekends)
Office closed on UK observed bank holidays.
How-To Communicate
Office number: 01747 850403
Email: team@lamarketing.co.uk
Emails, conference and phone calls are handled during office hours.
8.
Although we often respond evenings and weekends, it is not guaranteed and should not be expected. We do not text and all employees are instructed not to respond to text messages.
Fees & Payment
9.
The fees for the Services are agreed at point of purchase, and are on a time and materials basis.
10.
Payment Terms for:
a)
Services carried out are initial deposit, followed by further monthly payments which will be due 7 days from the date of invoice.
b)
SaaS (software) we set up on your behalf, are monthly in advance, via Stripe automation.
c)
Our Products are either
- Full payment in advance.
- Monthly in advance.
d)
All forms of payment should be made out to LA Marketing via BACS, Online Payments or via Stripe.
11.
Additional services requested will be quoted for and invoiced separately.
12.
Managed domain names carry an admin fee of £25 on registration.
13.
All Fees are subject to VAT and other taxes or levies which are imposed or charged by the UK Government.
14.
Payments will be in pounds sterling.
15.
Fees can be subject to incremental increases from time to time, however should this be the case we will provide a minimum of 30 days notice to you in advance of the increase.
16.
Overdue Fees: In the unfortunate circumstance of a balance being outstanding and owed to LA Marketing, there will be a monthly interest fee charged to the outstanding balance in the amount of 3% per month.
Cancellation and Termination
17.
If payment is not received within the period set out above, we can suspend any further provision of the services and cancel any future services which have been ordered by you.
18.
Either we or you can cancel an order for any reason prior to your acceptance or initial payment.
19.
If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
Refunds
20.
All sales for services provided are final and non-refundable.
21.
Sales for software products are non-refundable. Non-payment results in cancellation of the software subscription.
22.
Refunds for products are non-refundable, however, we do offer a 14 day grace period allowing you to change your mind within 14 days. A full refund will be given if you contact us within the 14 day period from the date of purchase.
Disclaimer
23.
We will not guarantee any revenue results, as a result of the project we carry out for you. All our work is guaranteed, however revenue results are based on you doing the work (which we cannot guarantee).
24.
We give you no warranty or guarantee or assurance of any kind. We declare and you acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law.
25.
Our policy is to conduct our business at all times in a professional manner and to best practice standards. We use our best endeavours to maintain our content and keep the know-how and materials up to date and to develop our Services to meet your needs.
Limited Warranty
26.
Limited Warranty for Project Work: Our services are guaranteed for 30 days from the date of project completion.
27.
Limited warranty is voided if you make changes or alterations to the work we have completed.
28.
Warranty does not cover technological factors including, but not limited to software compatibility, SAAS updates, API integrations or features that are no longer supported by the owner of technology (such as plug-ins or features in software and/services).
Non-Disclosure Agreement
29.
Each party agrees that it will not reproduce, disclose to others or use for any purpose other than performing its obligations under this Agreement any of the Confidential Information of the other party for the term of this Agreement and for a period of two (2) years after the expiration or earlier termination of this Agreement. Each party agrees that it will not reproduce, disclose to others or use for any purpose other than to perform its obligations under the Agreement any of the Trade Secrets of the other party at any time during or after the term of this Agreement or until such Trade Secrets lose their status as such by becoming generally available to the public by independent discovery, development, or publication.
GDPR Compliance
30.
We are committed to protecting your data and to complying fully with the terms of GDPR 2023. We will not sell, share, or rent your data to any third party.
Intellectual Property
31.
We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
32.
Any intellectual property created in furtherance of relationship between the parties, whether as the result of the work of one party or the joint efforts of the parties, shall be the sole intellectual property of LA Marketing, who shall have the sole right to maintain or obtain copyright, patent or trade secret protection for such developments. For any and all intellectual property that LA Marketing recommends that you publish under your own name, Client shall be deemed to have been granted a fully-paid licence to use, publish and create derivative works based on that property.
Right to Showcase Work
33.
We request the right to showcase any work we carry out for promotional and advertising purposes only. We will always request permission prior to any work being showcased.
Liability and Indemnity
34.
Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise shall be limited as set out in this clause.
35.
The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
36.
We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or performance of any of our other obligations under these Terms and Conditions or the quotation for:
a)
An indirect, special or consequential loss, damage, costs or expenses, or;
b)
Any loss of profits, loss of anticipated profits, loss of business, loss of data, loss of reputation or goodwill, business interruption or, other third party claims, or
c)
Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d)
Any losses caused directly or indirectly by any failure or your breach in relation to your obligations, or
e)
Any losses caused directly or indirectly by any failure or your breach in relation to your obligations, or
37.
You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
38.
Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Circumstances beyond a party’s control
39.
Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
No Waiver
40.
No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy not stop further exercise of any other right or remedy.
Severance
41.
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and Jurisdiction
42.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Freedom To Grow (Funnel and Website Services)
Expectations
43.
Happy Work-Life Balance Means Fresh Creative and Awesome Work
My team and I love working on your projects, we have a family like you so please respect the office hours and refrain from calling personal mobile phones or expecting work to be completed over the weekend unless this has already been discussed and agreed upon.
44.
No Elephants in the Room (our offices are too small for them)
I, Alison Boyle and my team are trained to speak our minds with respect to you and to acknowledge your concerns and situations when we do so. It will never be the intent of myself or my team to offend you but we don’t sugar coat situations. Expect open, honest real conversations between us adults and if there’s an issue or missed expectation then let’s address it, find the solution and move on. No flowery language or dancing around the topic!
45.
Planning Ahead with Goals Makes You Happy and Stress Free
It is important that we work together based on a strategy for the results you wish to achieve. This includes planning ahead for special requests. Last minute requests or requests with unexpected, 48hr or less turn-around times may not always be honoured based on current workloads and may be subject to a rush charge. My team and I want you to succeed; planning ahead will ensure we get your needs and priorities handled when you want them done.
Your Obligations
46.
All projects take teams of people to complete. The teams consist of our expertise, and your personal needs, working in partnership to complete the project. Projects cannot be completed by us alone.
47.
You must obtain any permissions, consents, licences or otherwise that we need and must give us access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
48.
With all clients, projects are successful when both parties carry out their obligations. We will give you work that you must carry out in order for your project to succeed. Any work we ask you to carry out, we will give you full training on. We cannot be liable for any work you do not complete.
Your failure to complete the work requested, will result in delays and failure of any project.
49.
We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
Sub-Contracting and Assignment
50.
We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
51.
You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
52.
Any work we subcontract will be within the UK Government’s 2023 GDPR regulations. All our contractors are GDPR compliant.
Delays
53.
Client Delays: If you delay a project timeline, the timeline for payments due will NOT be affected as this is a Client delay.
54.
LA Marketing Delays: If we delay the project timeline, the payment timeline will be adjusted based on when the above milestones are achieved and you will not have to pay until then.
Limited Revisions
55.
Copy
If Scope of Work includes Copy: The Client is provided with one (1) hour of unlimited copy revisions. After the one hour of free time has been used, Client will be billed at £100/hour.
Services are billed in 30-minute time blocks.
56.
Graphic Design
If Scope of Work includes Design Services: The Client is provided with one (1) hour of unlimited design revisions. After the one hour of free time has been used, Client will be billed at £100/hour. Services are billed in 30-minute time blocks.
57.
Expiration
Expiration: All revisions, used or unused, expire within 10 calendar days from date of project completion.
Market Aim Launch (Group Coaching & Training Product)
Definition:
58.
Market Aim Launch is a 12 month group coaching and training programme,
59.
The programme consists of access to a library of training videos and documentation and weekly 1hr coaching sessions.
Authority & Licence
60.
We authorise you to have access to our content and materials in accordance with our payment terms.
61.
Payment to the programme allows access to one person in your organisation only. Should you wish a 2nd person to have access, we can offer a discounted price of 50% per person within the same organisation, plus any further staff members.
62.
You may search, view, copy and print out material from our community membership area for your own business purposes only. You may not re-package or re-sell the content or information in any format without prior written agreement from us.
63.
At the end of the 12 month programme, should you wish to continue to have access to our training and materials, a subscription fee of £47 per month, or £500 per year is payable. If you no longer wish to have access to the materials, no payment is due, and your community access will be removed.
64.
Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials
Your Obligations
65.
You are responsible for configuring your software app platform in order to use it to build out your funnels, You will also have access to video training to help you.
66.
To maximise the benefits of the group coaching programme, we highly recommend you show up to the live calls each week. If you’re unable to attend, there will be a replay available for you to catch up with. We are not responsible if you are unable to make the live call for any reason.
67.
In the event we provide links to 3rd party websites, we claim no responsibility or liability for the content of such 3rd party websites.
68.
You are fully responsible for making and allocating time to go through the training in the order set out in our guidelines.
Our Obligations
69.
We commit to showing up each week to the live coaching sessions. If there is a week where we are unable to make it, due to holiday or sickness, we will notify the community in advance, and reschedule the next call.
70.
We commit to continuously improve the programme, by adding new training materials and documentation as new strategies and techniques come along.
71.
We commit to showing up in the community and answering any questions you may have around your business and the programme.
Guarantees
72.
We do not promise or guarantee that you will receive any personal professional or financial results from the MAL programme.
