The Mix Marketing Limited is a multimedia design, hosting, and computer consulting company. We have developed this agreement to clearly spell out the business relationship between The Mix Marketing Limited and our customers. The Mix Marketing Limited has established the following terms and conditions which shall govern this Agreement between the parties. These terms and conditions are intended for the purpose of establishing operating principles.
The following terms comprise the contractual terms between the Company and the Client for the supply of services by the Company. No other terms apply unless varied in writing by the Company and the Client.
1. TERM. This Agreement between the parties shall remain in effect between the parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein and in any Price schedule attached hereto and made a part hereof or making reference to this document.
2. TERMINATION. Either party may terminate this Agreement without cause upon written notice to the other party. Email shall be deemed adequate notice by either party. Termination shall take effect upon the next monthly billing date. No refunds of monthly or prepaid fees shall be allowed. Refunds shall be granted for the remaining portion of monies for paid in advance yearly fees. Customer is only responsible for months used. Customer agrees to forfeit free month if yearly term is cancelled.
3. DURATION. The contract agreed between The Mix Marketing Limited and the client for a single project shall be 6 months unless otherwise agreed. This excludes hosting and domain name registration. This begins on the date that the Agreement is signed by the client and ends upon approval of the project by the client according to the initial job specification. Additional work carried out beyond the original project specification is subject to its own contract and duration period. The Mix Marketing Limited reserves the right to charge a retainer fee for each month that the contract runs beyond the agreed period of 6 months. Unless otherwise agreed in advance, this shall be charged at £250 per month.
4. LIABILITY. The customer agrees that The Mix Marketing Limited shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.
The customer further agrees that The Mix Marketing Limited shall not be liable for any damages or losses sustained by the customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.
The customer agrees that it shall not hold The Mix Marketing Limited liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.
IN NO EVENT SHALL The Mix Marketing Limited LIABILITY EXCEED THE TOTAL VALUE PAID TO The Mix Marketing Limited BY THE CUSTOMER
5. REPRESENTATION AND/OR WARRANTIES. The Mix Marketing Limited make no representations and cannot guarantee that the customer's domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. The customer shall not hold The Mix Marketing Limited liable for any damages, injuries or losses incurred by the customer as a result of any action instituted by a third party.
6. SECURITY. The customer understands that the Internet and other various networking communications are not secure, unless explicitly specified as such. The Mix Marketing Limited MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL The Mix Marketing Limited BE LIABLE FOR ANY DAMAGES OR LOSSES, EITHER CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL INCURRED BY THE CUSTOMER. IN NO EVENT SHALL The Mix Marketing Limited LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN The Mix Marketing Limited AND THEIR CUSTOMER
7. APPLICABLE LAWS. The customer shall ensure that its use of the Internet and any service provided by The Mix Marketing Limited to it complies with all applicable national and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and pornography*. In the event that the customer violates this provision, The Mix Marketing Limited shall have the right to consider same a breach of this agreement by the customer, which shall entitle The Mix Marketing Limited to terminate the customer immediately without prior notice
* It shall be within the sole discretion of The Mix Marketing Limited to deem material as pornographic or inappropriate.
8. INTEGRITY OF INFORMATION. The customer is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.
9. DOMAIN NAME OWNERSHIP. The customer shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. The customer shall make payment directly to the issuer. Under no circumstances shall The Mix Marketing Limited be responsible for this cost and The Mix Marketing Limited reserve the right to restrict use of this domain name until full payment has been received
10. OWNERSHIP. All goods and services remain the property of The Mix Marketing Limited until full payment is received, if payment is not forthcoming within the agreed payment terms The Mix Marketing Limited reserve the right to recall, remove or delete any goods, services or designs. If products are recalled they must be returned to The Mix Marketing Limited within 7 days of notification of our intent to repossess the goods. Access must be given to remove or delete any files delivered to the customer or hosted by a third party.
All designs goods and services remain the intellectual or physical property of The Mix Marketing Limited unless otherwise agreed.
11. PERIODS OF INACTIVITY. The client is liable for periods of inactivity where The Mix Marketing Limited are unable to complete services for the client. If the client enters into a period of inactivity which lasts more than 3 months then The Mix Marketing Limited reserve the right to charge a retainer fee. Where a price has not been agreed in advance, then The Mix Marketing Limited shall charge £650 per month for every month following a 3-month period of inactivity by the client.
12. LEGAL ACTION. The customer agrees to indemnify and hold The Mix Marketing Limited harmless in any legal action which arises as a result of the customer's use of The Mix Marketing Limited services, without limitation or exception including, but not limited to any action brought against the customer by a third party.
13. FORCE MAJEURE. We regret that we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by reason or circumstances amounting to 'Force Majeure". In these Booking Conditions 'Force Majeure' means any event which we, even with due care could not prevent, foresee or avoid, such as war, threat of war, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control. In such circumstances, the Company shall be entitled to deduct from any refund any sums expended by them in the arrangement of the holiday or part thereof, plus a reasonable sum for overhead expenses.
14. JURISDICTION AND GOVERNING LAW. This Agreement shall be governed by the laws of England & the British Isles and jurisdiction shall lie within England & The British Isles. THE CUSTOMER HEREBY CONSENTS TO SUBMIT TO THE JURISDICTION OF ENGLAND & THE BRITISH ISLES.
15. HEADINGS. Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions.
16. MODIFICATION. The terms and conditions of this Agreement may be modified at the discretion of The Mix Marketing Limited with 30 days notice to the customer.
17. ENTIRE AGREEMENT. This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.
Failure to properly notify The Mix Marketing Limited via email, telephone or regular mail of your disagreement with the above terms and conditions shall constitute the customer's acceptance of same.
18. RENEWAL. If not cancelled by the customer, this Agreement shall automatically self-renew after a twelve (12) month period for an additional twelve (12) month period.
The customer's failure to properly notify The Mix Marketing Limited of its objections to any of the terms and conditions set forth herein shall constitute customer's acceptance of same.
This Agreement shall automatically renew itself for an additional twelve-month period unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein.
In the event this Agreement is automatically renewed, the customer agrees to be bound by the Terms and Conditions currently in effect.
Terms & Conditions
Certificate of Incorporation No. 4707910. Registered in England. VAT No. 797 1429 85
The Mix Marketing Ltd | 3a Cartwright Court | Bradley Business Park | Huddersfield | HD2 1GN
Tel: +44 (0)1484 411 881 | Email: firstname.lastname@example.org