Terms & Conditions
Marketshed Ltd is committed to fully support you and to provide the highest possible level of service, care, and quality.
In doing so there are a number of key considerations that both Marketshed and you the Client must fully understand and embrace.
One such key consideration is that when you engage Marketshed to undertake work on your behalf, there will be certain Terms and Conditions that will apply. This document outlines those Terms and Conditions.
By placing an order/engaging/contracting with Marketshed Ltd, you confirm that you understand that such Terms and Conditions are in force, that you have read them, that you understand them and are bound by them as set out below, and in agreement with and bound by the terms and conditions below.
Definitions:
The Client:
The company or individual requesting the services of Marketshed Ltd
Consultant: Marketshed Ltd
Party: Marketshed Ltd and/or the Client
Payment of Accounts
For all work undertaken by Marketshed, it is the Marketshed policy that any outstanding accounts for work carried out by Marketshed or its affiliates are required to be paid in full no later than 30 days from the date of the invoice unless by prior arrangement with Marketshed.
Marketshed will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Marketshed have not been contacted regarding the delay, we will then pass such cases to the Small Claims Court to pursue payment. Non-payment can result in county court judgments (CCJ's) being added to the client’s credit rating.
Following consistent non-payment of an invoice, our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Privacy
We will not disclose any information about you or your business to any other organisation unless we are required to do so by law.
We have in place and operate a strict Privacy Policy and a copy is provided on the website.
General
Whilst every endeavour will be made to ensure that all the work completed is free of errors, Marketshed cannot accept responsibility for any losses incurred however caused.
Marketshed, accepts no responsibility for any losses or debts that may be incurred by your business, directly or indirectly as a result of the support provided.
Any material prepared on behalf of the client remain the property of
Marketshed until all outstanding accounts are paid in full.
Marketshed will carry out work only where an agreement is provided either by email, telephone, in person or by mail.
An 'order' is deemed to be a written or verbal contract between Marketshed and the client; this includes telephone and email agreements.
No client should receive less favourable treatment on the grounds of race, ethnicity, gender, sexual orientation, age, marital status, disability or religion, and belief.
Marketshed cannot take responsibility for any copyright infringements caused by materials submitted by the client. All material submitted by the client will be deemed to be copyright free.
Once payment is received the client will retain the copyright for all materials related to the work undertaken and reserves the right to reproduce the work, in part or in its entirety, after publication. The client reserves the right to draw conclusions from the work itself independently or materials obtained or produced. The client recognises the consultant if the material is published.
The client agrees to make available as soon as is reasonably possible to Marketshed all materials required to complete whatever work is carried out on behalf of the client and within the set deadline agreed.
All content must be made available to us within 14 days. If this is not received we will invoice you for the full amount due upon completion of the work which is then payable within 30 days.
Content will then be added once received.
Disclaimers
Marketshed will not be liable for costs incurred, compensation, or loss of earnings due to the failure to meet agreed deadlines.
Marketshed will not be liable for any costs incurred, compensation, or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Status of Consultant
Marketshed is not an employee of the Client, but an independent consultant.
The termination of a contract under these Terms and Conditions will not constitute unfair dismissal; nor will the Consultant be entitled to any compensation payments, redundancy payments or similar payments upon the termination of a contract under these Terms and Conditions.
Subcontracting
Marketshed must not subcontract any of its obligations under a contract under these Terms and Conditions without the prior written consent of the Client, providing that the Client must not unreasonably withhold or delay the giving of such consent.
The Consultant shall remain responsible to the Client for the performance of any subcontracted obligations.
Termination
Either party may terminate a contract under these Terms and Conditions by giving to the other party at least 30 days written notice of termination.
Either party may terminate a contract under these Terms and Conditions immediately by giving written notice of termination to the other party if the other party commits a material breach of these Terms and Conditions.
Either party may terminate a contract under these Terms and Conditions immediately by giving written notice of termination to the other party if:
(a) the other party:
(i) is dissolved;
(ii) ceases to conduct all (or substantially all) of its business;
(iii) is or becomes unable to pay its debts as they fall due;
(iv) is or becomes insolvent or is declared insolvent; or
(v) convenes a meeting or makes or proposes to make any arrangement
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under that contract);
(d) if that other party is an individual:
(i) that other party dies;
(ii) as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or
(iii) that other party is the subject of a bankruptcy petition or order].
or composition with its creditors;
Upon the termination of a contract under these Terms and Conditions, all of the provisions of these Terms and Conditions shall cease to have effect.
If any provision of a contract under these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of that contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
Neither party may without the prior written consent of the other party assign, transfer, charge license or otherwise deal in or dispose of any contractual rights or obligations under Terms of condition.
A contract under these Terms and Conditions is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to a contract under these Terms and Conditions are not subject to the consent of any third party.
A contract under these Terms and Conditions shall be governed by and construed in accordance with English & Welsh law.
The courts of England & Wales shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with a contract under these Terms and Conditions.