Bartley Marketing Ltd
Standard Terms & Conditions
Bartley Marketing Ltd will supply and the Customer will take and pay for Marketing Services and/or Lymington.com Membership Services as applicable. Unless otherwise specified in writing, the following terms and conditions apply.
Bartley Marketing Ltd shall use all reasonable care and skill in performing its obligations under the arrangements agreed. Bartley Marketing Ltd warrants that it has, and will consistently apply at all times, the experience, resources and competence to execute its obligations efficiently and expeditiously and shall provide the Services as defined and agreed.
The Customer agrees to honour the agreement as specified and pay invoices within the specified time period.
Invoices and Payments:
Lymington.com annual membership renewals and Bartley Marketing website hosting and domain renewals are invoiced at the beginning of the due month and are normally due for payment within 7 days.
Bartley Marketing monthly fees and Lymington.com monthly memberships are invoiced at the beginning of the month during which the work will take place and are due for payment by 25th of month, preferably by direct debit or standing order.
New annual business memberships of Lymington.com are invoiced on sign up and are due for payment within 7 days.
Ad hoc promotional boost campaigns via Lymington.com media channels are invoiced prior to promotion and are due for payment within 7 days.
For one-off work such as website design and development and marketing plans, standard terms with new clients are 50% deposit, balance on completion and invoices are due for payment within 7 days of receipt.
VAT will be charged at the current rate.
Bartley Marketing Ltd reserves the right to charge for reasonable expenses, whether travel or subsistence, incurred by Bartley Marketing Ltd or any of its representatives where incurred for the purpose of providing relevant Services where requested.
Bartley Marketing Ltd reserves the right to apply interest to overdue amounts at 4% above base rate until paid. A handling charge of £10 may be applied to each overdue invoice amount monthly.
Bartley Marketing Ltd reserves the right to either suspend or terminate services provided, if invoices remain unpaid for longer than 14 days beyond the due date.
Period of Agreement and Cancellation
The minimum period for monthly, twice monthly or weekly promotion membership of Lymington.com is 12 months unless specifically agreed otherwise. This allows for planning and set up costs incurred by Bartley Marketing Ltd. After 12 months, one month’s notice is required in writing.
In the event that a monthly agreement is cancelled by Bartley Marketing Ltd, Bartley Marketing Ltd shall provide one month’s notice of cancellation of the agreement.
The Customer or Bartley Marketing Ltd may suggest variations to the agreement by giving notice in writing as appropriate.
The Customer has the option to add to the agreement any other service offered by Bartley Marketing Ltd by giving notice in writing to Bartley Marketing Ltd.
Bartley Marketing Ltd will provide the Customer with a quotation referring to the extra fees and any additional terms which will apply to such variations and additional services.
The Customer may accept the quotation referred to by giving notice in writing to Bartley Marketing Ltd, where upon the details of the agreement shall be amended accordingly.
Confidentiality and Intellectual Property
Each party acknowledges that it may receive information of a confidential nature relating to the other party, its business and customers. Each party undertakes to the other that it will use such confidential information solely for the purposes envisaged by the Agreement and will not disclose the same.
All Intellectual Property created or developed by Bartley Marketing Ltd and provided to the customer under contract, will unless expressly stated within that contract, remain the property of Bartley Marketing Ltd at all times.
Bartley Marketing Ltd shall provide the services using all reasonable care and skill.
The Customer accepts that Bartley Marketing Ltd shall not be liable for any business impact caused by delivery of services during the contracted period.
The Customer accepts that the entire liability of Bartley Marketing Ltd in respect of any and all claims made against it by the Customer in connection with the agreement shall not exceed the fees due from the Customer.
Bartley Marketing Ltd may assign and/or subcontract any of its rights and obligations under the agreement on written agreement with the Customer.
The Customer shall not have these rights to assign and/or subcontract any of the rights and obligations under the agreement.
The agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter.
Nothing in the agreement shall operate to limit or exclude any liability for fraud.