SMMart Media Terms and Conditions
SMMart Media is a trading name of Search Engine Zero Ltd, Company Number: 10078233
Our terms and conditions is fairly large as it covers all the various digital marketing and web development services we provide. We have aimed to keep this as jargon-free as possible but if you have any questions please give us a call. These terms and conditions was last updated 16th June 2018.
We recommend you read all terms and conditions but here are some short cuts to our main products / services:
Please note that the following terms are across all our services, if you are not sure and would like to discuss which terms apply to you and your purchased services then please contact us at: info@SMMart.co.uk or telephone: 0203 861 3282DEFINITIONS
In this document the following words shall have the following meanings:
“Agreement” means these Terms and Conditions together with any additional agreed terms;
“Client” means the organisation or person who purchases services from SMMart Media;
“Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable.
“Service Specification” means a statement of work, quotation or other similar document describing the services to be provided by SMMart Media;
“SMMart Media” or “SMMart Media” means supplier; Search Engine Zero Ltd, Universal Square, Devonshire Street North, Manchester, M12 6JH
A person who is not a party to a Contract has no rights under the Contract (Rights of Third Parties Act 1999) to enforce any Term of these Terms and Conditions.
GENERALThese Terms and Conditions shall apply to all contracts for the supply of services by SMMart Media to the Client. It is the responsibility of the client to check these terms and conditions periodically for any updates, although where possible and where applicable SMMart Media will strive to inform clients of any changes that will affect them. Before the commencement of the services SMMart Media shall submit to the Client a Service Specification which shall specify the services to be performed and the fees payable which needs to be signed and returned to SMMart Media. The Client shall notify SMMart Media immediately if the Client does not agree with the contents of the Application form. All Service Specification shall be subject to these Terms and Conditions. SMMart Media shall use all reasonable endeavours to complete the services within estimated time frames. Clients must ensure that they have provided SMMart Media with a valid email address for correspondence and notify SMMart Media of any change in the status of this email address, and if this email address is no longer accepting email it is the responsibility of the client to inform SMMart Media immediately.
FEES AND PAYMENTInvoiced amounts shall be due and payable within 5 working days of receipt of invoice. SMMart Media shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 5% per annum above the base rate of the Bank of England. In the event that the Client’s procedures require that an invoice be submitted against a purchase order to payment, the Client shall be responsible for issuing such purchase order before the services are rendered. Direct Debit: Payment for ongoing services is collected in advance by direct debit on the 1st and 15th of each month, if you are unable to pay by Direct Debit then there will be an admin charge of 10%. Card Payment: Payments are collected in advance via credit or debit card in advance on the date of signup and will reoccur monthly on the same date of signup unless agreed otherwise. CLIENT’S OBLIGATIONS To enable SMMart Media to perform its obligations under this Agreement the Client shall: Co-operate with SMMart Media; Provide SMMart Media with any information reasonably required by SMMart Media; Obtain all necessary permissions and consents which may be required before the commencement of the services; and Comply with such other requirements as may be set out in the Service Specification or otherwise agreed between the parties. Deal with SMMart Media staff in reasonable, professional and non-abusive manner. The Client shall be liable to compensate SMMart Media for any expenses incurred by SMMart Media as a result of the Client’s failure to comply with Clause 4.1. Without prejudice to any other rights to which SMMart Media may be entitled, in the event that the Client unlawfully terminates or cancels the services agreed to in the Service Specification, the Client shall be required to pay to SMMart Media as agreed damages, not as a penalty, the full amount of any third party costs to which SMMart Media has committed; and in respect of cancellations on less than five working days’ written notice the full amount of the services contracted for as set out in the Service Specification, and the Client agrees this is a genuine pre-estimate of the SMMart Media’s losses in such a case. For the avoidance of doubt, the Client’s failure to comply with any obligations under Clause 4.1 shall be deemed to be a cancellation of the services and subject to the payment of the damages set out in this Clause. In the event that the Client or any third party, not being a sub-contractor of SMMart Media, shall omit or commit anything which prevents or delays SMMart Media from undertaking or complying with any of its obligations under this Agreement, then the SMMart Media shall notify the Client as soon as possible and: SMMart Media shall have no liability in respect of any delay to the completion of any project; If applicable, the timetable for the project will be modified accordingly; SMMart Media shall notify the Client at the same time if it intends to make any claim for additional costs.
ALTERATIONS TO THE SERVICE SPECIFICATIONThe parties may at any time mutually agree upon and execute new Service Specifications. Any alterations in the scope of services to be provided under this Agreement shall be set out in the Service Specification, which shall reflect the changed services and fees and any other terms agreed between the parties. The Client may at any time request alterations to the Service Specification by notice in writing to SMMart Media. On receipt of the request for alterations SMMart Media shall, within 5 working days or such other period as may be agreed between the parties, advise the Client by notice in writing of the effect of such alterations, if any, on the fees and any other terms already agreed between the parties. Where SMMart Media gives written notice to the Client agreeing to perform any alterations on terms different to those already agreed between the parties, the Client shall, within 5 working days of receipt of such notice or such other period as may be agreed between the parties, advise SMMart Media by notice in writing whether or not it wishes the alterations to proceed. Where SMMart Media gives written notice to the Client agreeing to perform alterations on terms different to those already agreed between the parties, and the Client confirms in writing that it wishes the alterations to proceed on those terms, the Service Specification shall be amended to reflect such alterations and thereafter SMMart Media shall perform this Agreement upon the basis of such amended terms.
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Universal Square, Devonshire Street North, M12 6JH
0208 090 0620