OnBrand Group Standard Terms Of Business

Last updated: 1st Jan 2021

TERMS OF BUSINESS

We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to

have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this Agreement you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

So, in short:

You, are hiring OnBrand Group Ltd, located at 12-14 Victoria Street, St Albans, Herts AL1 3JB

To provide marketing services (“Services”) to you, including as below but not limited to:

  1.  including but not limited to web design, updates and development
  2.  social media, community management, content creation, delivery and execution
  3.  management of paid advertising campaigns across social media and websites
  4.  marketing strategy & consultancy
  5.  creative design, concepting, creation, delivery and execution of images, video and text.
  6.  audio marketing services, provision of audio services, voice files, recordings and in store music and messaging
  7.  event management, event organising and coordination, venue booking and supplier management

as outlined in any previous correspondence and submitted proposals.

Fees

To deliver the Services, we have a team of people in different roles with different skills.

They are categorised as below, according to rates based on time working with you. From time to time we may specify a specific project or piece of work based on its projected time, but in absence of this the following rates will apply:

Service Delivered by Day Rate
Paid Advertising & Social Media Paid Account Director £500.00
Website Front End Developer £500.00
Website Back End Developer (PHP) £650.00
Copywriting Copywriter £400.00
Social Media Content Manager Content Manager £500.00
Social Media Content Strategist Content Director £750.00
Account Executive £300.00
Account Manager £500.00
Account Director £750.00

All prices subject to VAT

What do both parties agree to do?

You: You have the authority to enter this contract on behalf of yourself, your company or

your organisation. You will give us everything we need to complete the project as and when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner too.

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.

Payment

You also agree to pay us promptly for the Services we provide at the price quoted or stated in correspondence at a maximum of 30 days from presentation of invoice. If you don’t pay us under these terms, then we reserve the right to suspend or cancel Services and also to charge you interest on late payments of invoices as per the Late Payment pf Commercial Debts (Interest) Act 1998.

Liability

We, OnBrand Group Ltd, shall have no liability to you for any loss or damage whatsoever arising from or in connection with the provision of the Services or for any claim made against you by any third party. We shall have no liability for any losses or damages which may be suffered by the you whether the same are suffered directly or indirectly or are immediate or consequential which fall into the following categories:

  • Any indirect or consequential loss arising under or in relation to this agreement even though we were aware of the circumstances in which such loss could arise:
  • Loss of profits; loss of anticipated savings; loss of business opportunity or goodwill:
  • Loss of data; and
  • Fraudulent clicks on any of your accounts managed by us.

To the extent such liability, our total liability (whether in contract, tort (including negligence or otherwise)) under or in connection with this agreement or based on any claim for indemnity or contribution (including for damage to tangible property) or otherwise will not in any event exceed the total sum invoiced for the Services.

We shall not be liable for downtimes, interference in the form of hacking, virus, disruptions, interruptions, faulty third-party software, search engines or websites on which a service is dependent or other deliveries from a third party.

We shall use our reasonable efforts to assist in remedial efforts if so requested by you.

Any work connected with remedial efforts as described above shall be charged to you separately in accordance with these Terms or (at our discretion) our price list applicable from time to time.

We shall not be liable for any changes made without notice by you or a third party employed by you to domain names, websites, links, technical setup etc. and affecting the Services delivered by us. Preceding or subsequent work connected with any adjustments required as a result of such changes shall be charged to the you in accordance with these Terms or on the basis of our price list applicable from time to time at our discretion.

We shall use all reasonable endeavours to deliver Services relating to search engine optimisation, links, advertisements, banners, pay per click and google analytics in accordance with the guidelines applicable to the relevant search engines. However, we shall not be liable for delayed or non-conforming performance due to changes made to standard terms, assessment algorithms, search criteria, viewing policy, prices and campaign offers or other matters beyond our control and reserve the right to make changes to Services as a result of the same. In addition, we shall not be liable for other changes or discontinuation of search engines.

The Company shall not be liable for Services relating to search engine optimisation, link building, advertisements, banners or sponsorships leading to a minimum number of views, position or frequency in searches on relevant words or otherwise. In addition, we shall not be liable for ensuring that such Services lead to a certain volume of traffic, number of clicks, registrations, purchases or the like.

We shall not be responsible for URLs dropped or excluded by a search engine for any reason.

You agree that if, at any time, Facebook disapproves your adverts or, if at any time, for any reason, Facebook suspends or terminates your Ads Account, we will not be held responsible. You also agree that such refusal of service to you by Facebook may also be grounds for termination of this Agreement by us.

If you do not implement some or all of our recommendations, we shall not bear any liability for any lack of success experienced by you relating to the Services.

Content

You will provide us with such text, artwork, information, logos and designs (“Material”), and will do so in such formats and at such time or times, as we may reasonably need to perform the Services in accordance with this Agreement. You are responsible for ensuring that such material and answers are accurate and complete.

If you fail to produce the Material or supplies only material which we considers to be offensive, unlawful or inappropriate or which appear to infringe the intellectual property rights of any third party, we cannot be held in breach of its obligations.

You will obtain all necessary licences or consents that may be needed in connection with the content or display of logo’s and the use of the Material supplied by it and it shall indemnify us in full against any costs, claims, demands or expenses which we may incur as a result of breach by you of this clause.

You warrant that the Material, including any copy, logo, specification, design, instruction or other material supplied by it to us, will not infringe any intellectual property or other rights of any third party, nor will it be defamatory or otherwise unlawful, nor infringe the Trade Descriptions Acts, and you will indemnify us in respect of any claim relating to such infringement.

You warrant that all the facts, claims and offers given by you about your products or services are accurate and in no way misleading and that the terms of any offers contained therein will be honoured.

Disputes

 Occasionally things don’t always go to plan. To avoid unnecessary costs and disputes, we both agree that we shall use our best efforts to negotiate in good faith and settle amicably any dispute concerning this Agreement. Before referring a dispute, any dispute arising out of or in connection with this Agreement shall, in the first instance, be referred to one of our Directors and likewise one of your Directors for discussion and resolution. Neither Party may commence any court proceedings in relation to any dispute arising out of the Agreement until the Parties have attempted to settle it by mediation and that mediation has terminated.

Law

 This Agreement shall be governed by and construed in accordance with English law and the parties hereto irrevocably submit to the exclusive jurisdiction of the English Courts.

If any of the provisions of this Agreement are determined invalid, unlawful or unenforceable to any extent, those provisions will be severed from the Agreement which will continue to the fullest extent permitted by law provided that, if the severance of those provisions would alter the object or effect of this Agreement to any material extent, either Party will have the right to terminate this Agreement immediately.

Contact Us

This website is owned and operated by OnBrand.

We are registered in England and Wales under registration number 07010602, and our registered office is 201 Haverstock Hill, London, NW3 4QG.

Our principal place of business is OnBrand Group,12-14 Victoria Street, St Albans, Herts, AL1 3JB .

You can contact us by writing to the business address given above, by using our website contact form, by email to [email protected] or by telephone on 03333 220022.