Modern Marketing Spark Terms and Conditions
SERVICES PROVIDED
- The Client hereby agrees to engage the Contractor (Modern Marketing Spark) to provide the Client with the following services (the “Services”):
- Social Media Consultancy, Training or Mentoring.
- The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
TERM OF AGREEMENT
- The term of the Agreement (the “Term”) will be as specified on the agreement signed with the Client, and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the Parties.
- In the event that either Party wishes to terminate the Agreement, that Party will be required to provide 30 days’ written notice to the other Party.
PERFORMANCE
- The Parties agree to do everything necessary to ensure that the terms of the Agreement take effect.
PAYMENT
6. Payment is required in advance for all services unless agreed otherwise. Some programs offer a split payment option, by agreement.
- Invoices submitted by the Contractor to the Client are due within seven days of receipt.
8. In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Contractor may be entitled to pro rata payment of the Payment to the date of termination provided that there has been no breach of contract on the part of the Contractor.
9. The Contractor will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Payment and the Contractor will indemnify the Client in respect of any such payments required to be made by the Client.
10. The Contractor will be solely responsible for the payment of all remuneration and benefits due to the employees of the Contractor, including any National Insurance, income tax and any other form of taxation or social security costs.
11. The Contractor will not be reimbursed for any expenses incurred in connection with providing the Services of this Agreement.
PENALTIES FOR LATE PAYMENT
12. Any late payments will trigger a fee of 5.00% per month on the amount still owing.
CONFIDENTIALITY
13. Confidential information (the “Confidential Information”) refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
14. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
15. All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.
OWNERSHIP OF INTELLECTUAL PROPERTY
16. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trade mark, trade dress, industrial design and trade name (the “Intellectual Property”) that is developed or produced under this Agreement, will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
17. The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. The Contractor will be responsible for any and all damages resulting from the unauthorised use of the Intellectual Property.
RETURN OF PROPERTY
18. Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
CAPACITY/INDEPENDENT CONTRACTOR
20. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
RIGHT OF SUBSTITUTION
21. Except as otherwise provided in this Agreement, the Contractor may, at the Contractor’s absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
AUTONOMY
22. Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.
EQUIPMENT
23. Except as otherwise provided in this Agreement, the Contractor will provide at the Contractor’s own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to deliver the Services in accordance with the Agreement.
NO EXCLUSIVITY
24. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
NOTICE
25. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following address.
Modern Marketing Spark
c/o 11 Wensleydale, Hemel Hempstead, HP2 5TF
or to such other address as either Party may from time to time notify the other.
INDEMNIFICATION
- Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
MODIFICATION OF AGREEMENT
- Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.
TIME OF THE ESSENCE
- Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
ASSIGNMENT
- The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
ENTIRE AGREEMENT
- It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
ENUREMENT
- This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
TITLES/HEADINGS
- Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
GOVERNING LAW
- This Agreement will be governed by and construed in accordance with the laws of England.
SEVERABILITY
- In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
WAIVER
- The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
Social Media Workshops
Event Terms & Conditions
The Delegate: You, meaning the purchaser of The Event.
Payment Terms
All payments must be completed in full before the workshop. Acceptable payment is via Stripe or Paypal using funds available or credit cards accepted.
The Organiser also reserves the right to change the venue to a similar venue nearby and advise you of these changes without refund.
Refunds & Cancellations
No refund will be given if the Delegate cancels their booking.
The Delegate will be entitled to a refund for tickets if The Event is rescheduled, postponed or cancelled by the Organisers.·
We are not liable for cancellations of The Event resulting directly or indirectly from acts of God, civil or military authority, critical illness, death, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials, labour or transportation or any other cause beyond our reasonable control.
You may not resell your ticket for The Event or substitute another person without prior consent from The Organisers.
Disclaimers
Testimonials published by us are independent and genuine. However, they do not represent a guarantee or warranty of similar results. Your results will depend on your work.
Privacy & Confidentiality Policy
You agree that we will collect and manage your personal information supplied to us. We do not provide Personal Information to third parties except for suppliers such as the venue if required for fire regulations or similar.
You agree to keep the confidentiality of other delegates and agree not to contact or message other members seeking business, unless specifically invited to.
Intellectual Property
When you receive live, audio or video content from us before, during or after The Event, we grant you a licence (which is limited, revocable, nonexclusive, non-transferable) to listen to, download or stream such content to your computer and/or other device(s) solely for your personal, noncommercial use. You agree to not otherwise copy, reproduce, distribute or use the content other than as set out in this contract. You must not sell, transfer, lease, modify, distribute or publicly perform the content in any manner and you must not exploit it commercially. You agree to not tamper with the content or create any derivative works therefrom.
Photographs, audio and video content taken during the Retreat may be used on social media by The Organiser including blogs, Twitter feeds, and links to other social media, including Facebook, LinkedIn, Twitter, Pinterest and similar sites.
You grant us a perpetual, nonexclusive, royalty free, irrevocable, worldwide and transferable right and license to use that content in any way without limitation.
We are not liable to you or any person claiming through you for any loss or damage howsoever caused resulting from content provided to you during the The Event.
Under no circumstances (including but not limited to any act or omission on the part of us) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use of content provided during The Event.
We take care in creating the information and material provided during The Event but make no warranties or representations regarding the accuracy, completeness, quality or fitness for purpose of any material or content.
Prior to using any downloadable files provided to you before, during or after The Event you should carry out an appropriate virus check.
Health & Safety
You must comply with instructions and directions given by staff, stewards and agents of the Venue and The Organiser and any applicable policies and procedures.
Neither The Organiser nor the Venue will be responsible for any loss, theft or damage to Your personal belongings, other than caused as a result of Our negligence or that of the Venue or other breach of statutory duty. You will be responsible for paying for any damage which you cause to property at the Venue.
We reserve the right to refuse access to, or remove any Delegate from the workshop who, in our reasonable opinion has, or is likely to affect the enjoyment or safety of the other Delegates.
Jurisdiction
These Terms are governed by and to be construed in accordance with the laws of England.