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Terms & Conditions

TERMS AND CONDITIONS

 

Our mission is to give every small business across the UK the opportunity to access professional, consistent and affordable marketing support.

 

The following ‘Terms and Conditions’ refer to XCLUU. Limited and its relationship with its clients.

 

 

1 General Terms & Conditions of Business

 

> The term ‘Service Packages’ relate to the service that you have purchased (The Marketing Mentor, The Social Guru, The Marketing Manager).

 

> Our packages are designed so that it is easily understood what The Client should receive each month. It is our commitment to provide you with the elements of the chosen Service Package.

 

> The Client shouldn’t receive any more or any less than what is stated for each Service Package.

 

> We reserve the right to review the Service Packages from time to time and change what the Service Package includes based on what we believe is the best for The Client.

 

> Should we feel it necessary to change any element of a Service Package, we will notify The Client prior to the change taking place.

 

> There is a 14day cooling off period for both parties should it be required.

 

 

2 Monthly Output

 

> ‘Monthly Output’ relates to the work we do each month to action the elements of the Service Package.

 

> We will conduct a monthly marketing phone call with The Client to help us to output the agreed elements of the chosen Service Package.

 

> We do not conduct face to face marketing meetings. We are able to offer affordable and professional marketing support based on the model we have created.

 

> We will agree with The Client each month, what our output will be for the month following. We will not commence with producing any work until we have your agreement.

 

> We will not send any piece of work ‘live’ (for example, social posts), until we have your approval.

 

 

 

3 Operational Methods

 

> XCLUU. Limited reserves the right to sub-contract the fulfilment of a service or any part thereof to highly skilled and reliable freelancers.  However, the responsibility of all areas of the work remains with XCLUU. Limited.

 

> XCLUU. Limited shall be indemnified by The Client in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent design or any other proprietary or personal rights contained in any material supplied by the Client. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.

 

> XCLUU. Limited shall not be required to use, print, upload or hold any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of a third party.

 

> XCLUU. Limited shall not use data which it understands to not be compliant accordingly to GDPR.

 

 

4 Payments

 

> A ‘monthly’ Service Package is a package which you pay for on a monthly basis and can be terminated with a 30 day notice period (see ‘Termination’).

 

> Payment will be made for your first month immediately, upon choosing and purchasing your Service Package

 

> All payments are taken 1 month in advance of the work being output.

 

> Upon choosing and purchasing your package and paying the initial month via Shopify, XCLUU. Limited will contact you to set up your future monthly payments via GoCardless. XCLUU. Limited are within their rights to put a hold on any future contact until the GoCardless account has been authorised by The Client.

 

> We understand and will exercise our statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998 amended by European Directive 2000/35/EC if we are not paid according to these terms.

 

> All work remains copyrighted to XCLUU. Limited until settlement of relevant fee account.

 

> All invoices are subject to UK VAT at the current rate, unless a valid exemption certificate is provided.

 

> All payments must be in UK Pounds Sterling.

 

> If payment is overdue, XCLUU. Limited will suspend work, service and/or delivery without notice and without prejudice to any other legal remedy until due payment has been made. Furthermore, any work started but incomplete may be suspended and payment therefore becomes immediately due and payable, notwithstanding anything expressed herein, and any monies in respect of.

 

5 Termination

 

MONTHLY CLIENTS

 

> With our Monthly Service Package, you’re free to stop using our services at any time with a 30 day notice period which includes any fees scheduled to be paid.

 

IN GENERAL

 

> We reserve the right to suspend or terminate your access to the services with notice to you if:

 

(a) you’re in breach of these Terms,

(b) your use of our services is deemed unreasonable

 

> Notice of termination given shall be made in writing either by email (to admin@xcluu.co.uk) or

by post. It is understood that the Termination Notice isn’t accepted until we have notified you of our receipt of notice.

 

> XCLUU. Limited reserves the right to revise, alter, modify or amend these terms and conditions, and any of our other policies and agreements at any time and in any manner without prior notification. Notice of any revision, amendment, or modification will be communicated via email.

 

> This Agreement takes effect on the date on which you purchase one of our Service Packages. Acceptance of these terms is an absolute condition of the Client working with XCLUU. Limited. A purchase constitutes acceptance of all our Terms and Conditions

 

 

6 Force Majeure

 

> XCLUU. Limited shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.

 

 

7 Information Provided by You

 

> You warrant that the name, address and payment information provided when you choose your Service Package with XCLUU. Limited will be correct and you agree to notify us of any changes in the name, address and/or payment details.

 

> You warrant that you possess the legal right and ability to enter into this agreement and to use XCLUU. Limited’s services in accordance with this agreement.

 

 

8 Indemnity

 

> You shall indemnify us and keep us indemnified and hold us harmless from all liabilities, actions, claims, proceedings, losses, expenses (including reasonable legal costs and expenses), costs and damages, howsoever suffered or incurred by us in consequences of your breach or non observance of this agreement, or arising out of claims based upon or relating to our work for you or any claim brought against us by a third party resulting from the provision of any Services to you and your use of them.

 

>XCLUU. Limited will notify you promptly of any claim for which we seek specific indemnification at the currently supplied address.  XCLUU. Limited will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to our interests, as reasonably determined by us /or our legal representatives.

 

 

9 Limitation of Liability

 

> XCLUU. Limited warrants that its services will be provided using reasonable care and skill. Where XCLUU. Limited supplies any service or goods supplied by a third party, XCLUU. Limited does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign the benefit of any warranty, guarantee or indemnity given by the supplier of the goods to us.

 

10 Approval of Work

 

 

> XCLUU. Limited will do its very best to proof read and acknowledge all amends required for all work created before finalising. 

 

> The Client is responsible and liable for final sign off of all work.

 

 

11 General Terms

 

> These conditions and all other express terms of the contract shall be governed and constructed in accordance with the laws of England and you hereby submit to the non-exclusive jurisdiction of the English courts.

 

> XCLUU. Limited shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control.

 

> All quotes/estimates, briefs, drafts of work on your behalf and other Client/XCLUU. Limited documents are commercially confidential and may not be disclosed to third parties without prior written agreement.

 

> XCLUU. Limited reserves the right to revise, alter, modify or amend these terms and conditions, and any of our other policies and agreements at any time and in any manner without prior notification. Notice of any revision, amendment, or modification will be communicated via email.

 

> This Agreement takes effect on the date on which you purchase one of our Service Packages. Acceptance of these terms is an absolute condition of the Client working with XCLUU. Limited. A purchase constitutes acceptance of all our Terms and Conditions.