At Bold Online Marketing, we are committed to protecting the privacy and rights of all customers who trade with us.
The following Terms & Conditions apply to all services and products provided by our company.
You, the Customer – a person or company buying Products or Services from us.
Bold Online Marketing (us, our) – the Product or Service vendor as identified on your invoice and, where relevant, Service Provider.
Proposal Document – the agreement for work to be carried out by both Bold Online
Marketing and the Customer, including Terms and Conditions and costs.
Price – the cost of work or goods supplied, agreed and signed for in the contract.
Service Provider – Bold Online Marketing or its authorised experts.
Supplier – an external supplier of goods, engaged by Bold Online Marketing on a commercial basis.
Service – means general service and support carried out by Bold Online Marketing or Service Provider.
2. Terms of Sale
2.1 All sales and services are accepted herein and other Proposal Documents provided by the Company are made on the following terms and conditions and shall supersede all other terms and conditions of purchase or sale used by the Customer. No agent or representative of the Company has authority to vary these terms and conditions or make any representations as to the effect of these terms and conditions or as to the subject of the Proposal Documents generally and no such variation or representation shall be binding on the Company unless accepted in writing by a Director of the Company.
3. Service Performance
3.1 All Services provided to the Customer by Bold Online Marketing are subject to the schedules, timescales, and specific arrangements laid out in the Proposal Document.
3.2 Subject always to clauses 5, 6, and 11.2, Bold Online Marketing shall provide Service, Support and Delivery to the Customer within the response timescale specified in the Proposal Document.
3.3 Bold Online Marketing warrants to the Customer that services provided will be performed by qualified and trained personnel with due care and diligence.
3.4 Bold Online Marketing shall inform the Customer in a timely manner of any changes in cost or schedule which may arise and be deemed out of the control of Bold Online Marketing and the Customer, whether perceived or actual, once the work is underway. The Customer shall confirm in writing their acceptance of the revised costing.
4. Customer Responsibilities
4.1 To ensure that security of all data and personal information together with suitably trained staff is provided at all times of the support, the Customer is required to:
4.1.1 Provide all reasonable assistance and access to Bold Online Marketing that is required to perform any services or supply a product.
4.1.2 Ensure that relevant information and material is provided in a timely manner in response to requests from Bold Online Marketing and to support the completion of project activity in line with contracted obligations.
5. Cancellation of Service
5.1 We may (without prejudice to any of our other rights under this Agreement) terminate this Agreement by giving you written notice if any of the following events shall occur (each event being a Default):
5.1.1 You fail to pay any of the Payments or any other sum due under this Agreement or any other agreement with us on time.
5.1.2 You have provided any false information to us in connection with this Agreement.
5.1.3 You breach this Agreement or any other agreement with us and fail to remedy that breach within 10 (ten) business days of its occurrence.
5.1.4 You cease or threaten to cease carrying on your business.
5.1.5 You are unable to pay your debts as they fall due; you convene a meeting of or make or propose to make any arrangement or composition with your creditors; if a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar entity/officer is appointed over any of your assets.
5.1.6 Where you are not publicly traded, there is a change in the majority of shareholder voting rights without our prior written approval.
5.1.7 Any of the events specified in paragraphs 5.4, 5.6 or 5.8 occurs in relation to your guarantor or holding company.
5.1.8 We have reasonable commercial grounds to believe that you will not make payments or observe any of your other obligations under this Agreement.
5.2 At the point of termination, you will be liable to pay immediately all sums of monies relating expenses outstanding to Bold Online Marketing as of the date of cancellation. This will include any payments commitments on behalf of the Customer which are payable beyond the date of the cancellation.
5.3 In the event that the customer wishes to terminate the contract at the end of the contractual period, then 90 days’ notice should be provided to Bold Online Marketing prior to the end date of the contract. If this is not received then the contract will be automatically renewed in line with the original contractual terms.
6. Terms of Payment
6.1 As default, all invoices for Service, Design and Support work shall be payable within 14 days from the day of Bold Online Marketing invoice date, unless otherwise stated in the Proposal Document or agreed in writing by a Director of Bold Online Marketing.
6.2 In accordance with The Late Payment of commercial Debts (Interest) Act 1998 (as amended), If the Customer shall fail to make payment in full accordance with clauses 5.1.1 and 5.1.2 above then (without prejudice to any other rights Bold Online Marketing may have) the Customer shall, without any need for Bold Online Marketing to give notice, become liable to pay interest on the amount for the time being unpaid at the rate which is 5 (five) per cent above the average base rate of the clearing banks, calculated from the due date of payment until the date of actual payment.
6.3 In the event that Bold Online Marketing passes the non-payment of an invoice to solicitors or a registered debt-collection agency for recovery of any overdue amount, and as such incurs additional costs, the Customer shall become liable to pay a sum equal to such costs as incurred by Bold Online Marketing.
7.1 In case any dispute or question shall arise between the parties in relation to any of the provisions of this Agreement then (in the absence of any express provision to the contrary in this Agreement) either party may forthwith give to the other notice of such dispute or question and it is thereby referred to the arbitration and final decision of an arbitrator (to be appointed by the President of The Law Society). This shall be deemed to be a submission to arbitration within the meaning of the Arbitration Acts 1950 and 1979 or any Act amending or replacing the same.
7.2 In the event of any dispute, Bold Online Marketing shall not remove, alter, change or interfere with any services that have been provided to the Customer, for the purposes of preventing the Customer using them, and the Customer retains full right to access services until the dispute is resolved.
8.1 Any Notice required or authorised to be given under this Agreement may be served by email, fax or prepaid registered letter, addressed to the registered office for the time being of the party to which it was given.
8.2 Any notice so given by letter shall be deemed to have been served 72 (seventy two) hours after it shall have been posted; any Notice so given by facsimile shall be deemed to have been served 1 (one) hour after it shall have been dispatched; any Notice so given by email shall be deemed to have been served 1 (one) hour after it shall have been dispatched.
9.1 Neither party shall assign this agreement without the written consent of the other party, such consent not to be unreasonably withheld or delayed.
10. Governing Law
10.1 The law of England shall govern the validity construction and performance of this agreement.
11.1 Force Majeure – Bold Online Marketing shall not be liable to the Customer for any loss or damage which may be suffered by the Customer as a direct or indirect result of the supply of goods or services by Bold Online Marketing being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond our reasonable control. Such events include but are not limited to, Acts of God, war, riot, strike, lock-out, trade dispute or labour dispute, accident, breakdown of plant machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen or transport or other circumstances affecting the supply of the goods or of raw materials therefore from the Company’s normal source of supply or the manufacture or the delivery of the goods by the Company’s normal means.
11.2 Credit check – Bold Online Marketing may register information about the Customer with a licensed credit reference agency. This information may be used to make credit decisions by Bold Online Marketing and third parties. The information may also be used to prevent fraud and trace debtors.
12.1 Unless stated in Proposal Document, work outside local working hours, at weekends or on public holidays are excluded from our Service.
13.1 Bold Online Marketing does not accept liability for indirect or consequential loss, loss of business profits, salary, revenue, savings, damage remedied by Bold Online Marketing within reasonable time, loss avoidable by you through reasonable conduct, including backing up all data and following Bold Online Marketing’s reasonable advice generally, or by section 11.1.
14. Data Protection
14.1 Your data will be held and/or transferred in strict accordance with the applicable data protection laws and Bold Online Marketing’s data protection registration. You consent to your personal data being transferred to an Bold Online Marketing company outside of the EEA. We do not share, sell, rent or trade your Personal Information with any third parties.