Terms & conditions
We have tried to keep this short and sweet. They are here to ensure that we both have the same understanding of how the Agency works to bring you results. Please do take the time to read them.
In these Conditions: “Agreement” means any agreement made subject to these Conditions, which shall incorporate these Conditions. “Agency” means Snowball Creations. “Client” means any person or organisation with whom the Agency enters into an Agreement subject to these Conditions. “Service” means the services described in the Agency’s literature together with such Value Added Services to be provided by the Agency to the Client.
1.1. Unless specifically varied in the Pricing section of our Proposal or otherwise in writing by the Agency, the following payment terms shall apply:
1.2. All fees quoted are exclusive of VAT and to the extent that VAT is chargeable in respect of any goods, work or services supplied by the Agency, VAT at the rate in force at the time of supply should be added to payments otherwise due.
1.3. For ongoing fees such as Facebook monthly management services
1.3.1. Payment will be taken automatically via Moonclerk monthly.
1.3.2. Where payment is 3 days or more late, it is still applicable, but the Agency is not obliged to provide services for the period that the payment was late.
1.4. All fees quoted are subject to review and adjustment by the Agency at any time.
1.5. Payment is non-refundable.
2. Non Payment
2.1. In the event that full payment is made later than required by the conditions set under the section ‘Payment’ or if only partial payment is made, the Agency may at its absolute discretion charge for administration costs and interest on any monies owed at either the rate of 2% interest per month or at the annual rate of 7% above the base rate published from time to time by HSBC plc, whichever is the greater rate, calculated weekly and compounded monthly.
2.2. Failure to apply such charges does not constitute a waiver of the option so to charge.
2.3. In the event that payment is not received within a maximum of 60 days, arrears will be passed to our Debt Collection Agency. Once this has taken place, the Agency is not in a position to accept payment from the Client. Additional fees are applied by the Debt Collection Agency. The Agency has no authority to revert these fees once a debt is passed over to the Debt Collection Agency.
3.1. Notice of cancellation should be made in writing via email.
3.2. Notice of cancellation should be given a month in advance, with the successive month’s payment still due before the termination of service.
3.3. Notice is deemed to have been received by ‘a read receipt on email’.
3.4. Information and files retained by the Agency will be returned to the Client upon final payment for any outstanding invoices.
4. Withdrawal of Services
4.1. The Agency reserves unto itself the right to withdraw its services at its entire discretion, particularly in the event of any failure to pay. Upon such withdrawal of its services, the Agency shall be under no liability whatsoever to compensate the Client for any costs, losses or damages, howsoever arising, that the Client may incur or may have incurred.
4.2. It is hereby agreed between the Agency and the Client that where the Agency withdraws its services, the Agency may remove any material stored upon any computer or server and shall retain, and shall not be under any obligation to return or provide access to, any and all documents, papers, etc. belonging to the Client until payment is made in full of all the Agency’s invoices.
5.1 The Agency and Client undertake not to use the Confidential Information disclosed by the other party for any purpose except for the Service outlined in this document, without first obtaining the written agreement of the other party.
5.2 The Agency and Client undertake to keep the Confidential Information disclosed by the other party secure and not to disclose it to any third party [except to its employees [and professional advisers] who need to know the same for the Service, who know they owe a duty of confidence to the other party and who are bound by obligations equivalent to those in clause 5.1 above and this clause 5.2.
5.3 The undertakings in clauses 5.1 and 5.2 above apply to all of the information disclosed by each of the parties to the other, regardless of the way or form in which it is disclosed or recorded but they do not apply to:
5.3.1 any information which is or in future comes into the public domain (unless as a result of the breach of this Agreement); or
5.3.2 any information which is already known to the Agency or Client and which was not subject to any obligation of confidence before it was disclosed to the recipient by the other party.
5.4 Nothing in this Agreement will prevent the Agency or Client from making any disclosure of the Confidential Information required by law or by any competent authority.
These Terms and Conditions are governed by and subject to English law.
Copyright 2020 Snowball Creations Any recording, redistribution or reproduction of part or all of the contents in any form is prohibited.