Terms and Conditions
Terms and Conditions
1. Scope of Services
1.1 The Company will provide marketing and promotional services, including but not limited to:
Planning and coordinating promotional events.
Generating leads through various marketing channels.
Managing and facilitating client bookings.
Creating and executing marketing campaigns through appropriate channels (e.g., social media, email marketing).
Providing additional support as mutually agreed.
1.2 The Client is responsible for:
Adhering to professional recommendations made by the Company concerning marketing strategies and event preparation.
Ensuring staff are prepared for the promotional event, including scheduling, material preparation, and facility organisation.
Implementing operational changes suggested by the Company, such as adjustments to pricing strategies or the provision of discounts.
Responding promptly to requests for information, materials, or data necessary for the Company to perform its services.
2. Fees and Payment Terms
2.1 Fees for services will be agreed upon prior to the commencement of work and are non-negotiable once confirmed. 2.2 Additional fees may apply for external costs incurred during marketing and promotional activities, which could include, but are not limited to:
Digital advertising spend (e.g., Facebook ads, Google AdWords).
Communication costs (e.g., SMS and call charges).
Printing or distribution costs for marketing materials. 2.3 All payments are non-refundable, and failure to make payments may result in delays or termination of services.
3. Term and Termination
3.1 The terms of services will begin on the agreed start date and continue until the services have been completed, unless terminated earlier. 3.2 Either party may terminate the agreement if the other party breaches any material provision and fails to remedy such breach within the specified notice period. 3.3 The Client may terminate the services for any reason with prior written notice, though no refunds will be issued for payments already made. 3.4 Upon termination, any outstanding payments shall remain due, and any unpaid amounts will become immediately payable.
4. Client Obligations
4.1 The Client agrees to comply with all reasonable requests and recommendations made by the Company to ensure the success of the promotional activities. 4.2 The Client must make staff and resources available as needed, ensuring all staff are briefed and trained in accordance with the Company's recommendations. 4.3 The Client grants the Company permission to use its name, logo, and branding for marketing materials related to the services, subject to the Client’s approval, which will not be unreasonably withheld.
5. Limitation of Liability
5.1 The Company does not guarantee specific results or the achievement of particular metrics, such as a specific number of client bookings or conversions. 5.2 The Company’s total liability is limited to the amount paid by the Client for the services provided. The Company shall not be held liable for any indirect, incidental, special, consequential, or punitive damages arising from this arrangement.
6. Confidentiality and Non-Disclosure
6.1 Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the relationship. 6.2 Confidential information does not include information that is publicly available, known prior to disclosure, or disclosed by a third party without a confidentiality obligation. 6.3 In the event that either party is required by law to disclose confidential information, they must promptly notify the other party. 6.4 Upon termination or completion of services, all confidential materials must be returned or destroyed as requested by the disclosing party. 6.5 The confidentiality obligations will remain in effect for five years after the termination or expiration of the services.
7. Intellectual Property
7.1 The Company retains ownership of all intellectual property rights in any marketing materials, branding assets, or proprietary strategies developed during the provision of services. 7.2 The Client is granted a limited, non-exclusive, non-transferable license to use the materials created specifically for them during the course of the services, solely for the intended purposes.
8. Force Majeure
Neither party will be liable for any failure to perform their obligations under these terms due to events beyond their reasonable control, including but not limited to acts of God, war, terrorism, government actions, natural disasters, or other events of force majeure. In the event of such delays, the affected party will promptly notify the other party and make reasonable efforts to resume performance as soon as possible.
9. Dispute Resolution
9.1 Both parties are committed to resolving any issues or disputes through mutual discussions in good faith. 9.2 If an issue cannot be resolved through discussions, the parties agree to first attempt mediation. If mediation does not resolve the dispute, it shall be referred to arbitration under the rules of the relevant arbitration body.
10. Miscellaneous
10.1 These Terms and Conditions represent the entire understanding between the parties and supersede any prior agreements or understandings, whether written or oral. 10.2 Any amendments to these Terms and Conditions must be made in writing and signed by both parties. 10.3 Neither party may assign their rights or obligations under these Terms and Conditions without the prior written consent of the other party. 10.4 Notices must be sent in writing via email or post to the respective addresses of the parties.
These Terms and Conditions apply to all services provided by the Company and are binding upon acceptance of services by the Client.