TERMS AND CONDITIONS
By ticking and or purchasing a product on our website you are agreeing to the following terms. Please read carefully before placing any orders. We Brand Formations T/S of Zenca Asset Management Ltd provide branding, formation, design, web development and marketing services. We are a limited company registered in England and Wales (registration number 08169264) and our registered offices are at Unit GO1, 12 Cambridge Heath Road, London, E1 5QH, United Kingdom. These Conditions (the “Conditions”) govern the terms of purchase or use of any of our packages. Your ownership of any purchased Brand Formation product is subject to completion of full payment for your chosen package. The following data, which may be personal data, is collected by us. This is necessary; full name, email address, phone number, address, company name and details if applicable. We may share your details with the following companies if you have opted for their service or they form a part of a chosen service. Amazon AWS, Paypal, Facebook, Instagram, Twitter, Planet Numbers, Post Office, Barclays, Lloyds Bank, Monster Insight, Companies Made Simple, Companies House, WooCommerce and Google.
ABOUT THESE CONDITIONS For the purpose of these Conditions, these terms refer collectively to all our packages. If you chose to purchase a pack and click agreement you are bound by theses terms. If you do not want to agree to these Conditions, please do not proceed with purchase. When you buy products or services from our Websites, the products or services included on our packs are subject to other terms and conditions, guidelines and policies; and you should carefully read through the terms and conditions of the services you opt in for before placing an order. Please note we will only proceed with services you have opted in for and if the service is included with your chosen pack.
We may change these Conditions at any time without giving you notice. Please check our Conditions from time to time.
OUR RESPONSIBILITIES Subject to these conditions, we shall endeavour to deliver in the package purchased in the agreed timelines and to mid market standard.
You cannot use our services for any unlawful purpose; to harm, threaten, abuse or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us or any other company within our group of companies; to create, check, confirm, update or amend your own or someone else’s databases, records directories, customer lists, mailing or prospecting lists to provide any kind of commercial information service as a source of material or contact data for any kind of marketing activity in a way that affects how it is run in a way that imposes an unreasonable or disproportionally large burden on our communications and technical systems as determined by us to tamper with, update or change any part of our services or product use any automated means to monitor or copy the Brand Formations site or their content, or to interfere with or attempt to interfere with how we work. If you do not keep to these Conditions or fail to pay the charges you owe us for any products or services you buy from us we suffer from any event or circumstance which is beyond our reasonable control or which we could not reasonably be expected to have taken into account at the date of commencing to provide our service and which results in or causes our failure to perform any or all of our obligations under these Conditions (including, without limitation, any act of God, lightning, fire, storm, flood, earthquake, act of the public enemy, war declared or undeclared, threat of war, terrorist act, blockade, revolution, riot, insurrection, civil commotion, industrial action, public demonstration, strike, sabotage, act of vandalism or explosion); or where you have an account with us, any bankruptcy or insolvency proceedings are brought against you, or a receiver, an administrative receiver or an administrator is appointed over any of your assets or, if you are a company, you go into voluntary liquidation (except for the purposes of amalgamation or reconstruction). To be clear, if we suspend or cancel any work you will still have to pay us for any products or services you have bought from us. Certain products or services can only be delivered if you have the minimum required hardware & or software. (i.e Unsuitable or slow existing hosts may need to be upgraded or replaced) Whilst we will not force you to change any existing setups, we may be unable to deliver your order if you decline our suggestions and reserve the right to cancel your order and return any payments you may have made to us.
PAYMENT TERMS A 15% deposit and registration required to initiate your chosen product (monthly packages do not require a deposit?. A 50% payment of balance is required upon completion of stage 1 (see schedule 1) 50% of remaining balance is payable upon completion and prior to publishing or providing product(s) (see schedule 2) If you delay our expected timelines by more than 21 working days full balance is payable regardless of completion Your brand formation package will be published only once full and final payment is received. Any tangible or non tangible creation from Brand Formations is subject to re-sale upon breach payment & or terms. The design, text, graphics, articles, blogs and other contents are only owned by you upon full payment being received. Once you have placed an order and work has commenced you cannot cancel this agreement.
ANNUAL CONTRACT TERMS Monthly paid packages are for a minimum period of 12 months. Please ensure you understand fully before agreeing and purchasing a monthly contract pack. By agreeing these terms you are required to complete the full 12 months. Where you cancel before the 12 month period you are required and liable for the remaining payment on your contract.
LIMITS OF LIABILITY You acknowledge and agree that computer and telecommunications systems are not uninterrupted or fault free and we do not make any representation or warranty in relation to such systems. You further acknowledge and agree that occasional periods of downtime for repair, maintenance and upgrading may be required and our nominated providers cannot therefore guarantee uninterrupted provision of the Websites. We cannot take steps to minimise any such periods of interruption or non-availability. You acknowledge and agree that we make no warranty and give no representation of any kind in relation to third party data and we accept no responsibility or liability for inaccuracy in or arising out of third party data. Nothing in these Conditions shall limit or exclude liability in respect of death or personal injury caused by negligence, or fraudulent misrepresentation. Under no circumstances will we or any other organisation involved in creating, producing, maintaining or distributing your packages will be liable for any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known or otherwise)
- loss of revenue
- loss of actual or anticipated profits
- loss of profits on contracts
- loss of anticipated savings;
- loss of business;
- loss of opportunity;
- loss of goodwill;
- loss of reputation;
- loss of damage to or corruption of data or software;
- loss of wasted expenditure
- loss of any indirect or consequential loss
If we do not keep to these Conditions, we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other loss whether they are because we have not kept to our obligations or contract, because of our negligence, due to defamatory statements or liability for a product or service or otherwise as result of:
- does not work properly due to incidents outside our control
- destruction of information
INDEMNITIES You will at all times and on demand fully indemnify us and keep us fully indemnified from and against any claims, threatened or made against us arising as a result of your non-compliance with any of your representations, warranties or obligations set out in these Conditions. GENERAL Failure of either party to assert its rights in relation to any breach of these conditions shall not constitute a waiver of such rights, nor will any such waiver be implied. Each provision of these conditions shall be construed separately and shall be severable from these Conditions. If any provision of these conditions (or portion thereof) is invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of these conditions will not be affected or impaired. A person who is not a party to these Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these Conditions. THE WHOLE AGREEMENT These Conditions constitute the entire agreement between you and us with respect to the subject matter hereof, and supersedes all prior discussions, agreement or understanding between you and us. The laws of England and Wales apply to you and Brand Formations. We control the services and products from within the United Kingdom. However, you can get access to the our products and services from other places around the world. Although these places may have different laws from the laws of England and Wales, by purchasing you agree that the laws of England and Wales will apply to everything relating to your products and you agree to keep to these laws. We have the right to take you to court in the country you live in.
Schedule 1: Completion of all required registrations: Company Formation, Domain Name, CRM, Online Invoicing, Web Hosting, Phone Number Activation, Google Business, Facebook, Instagram & or Twitter. Provided first concepts for logo and web.
Schedule 2: Completion of all designs or product BEFORE RELEASE OR PUBLICATION.
ARREARS AND MISSED PAYMENTS Monthly packs are required to be paid on time. If a Direct Debit or Standing order is refused or returned unpaid we reserve the right to charge £7 for the administration & for representing the payment to your bank. If your account is in arrears by 28 days or more we may disconnect the service till such a time you bring your account up to date. Disconnection will incur a reconnection charge of £50. If the account falls into arrears of 60 days or more we reserve the right to terminate our services to you and invoice you for the remaining term of the contract which needs to be paid within 7 working days to avoid debt collection or legal action.
DISCLAIMERS You use our website at your own risk. We advise you to make sure you are satisfied with product and delivery before finalising our services. We also are not an agent for third party service providers included in your package and do not give guarantees for these organisations or their goods and services. As far as the relevant laws allow, neither we nor any other members of our group of companies, shareholders, officers, shareholders, staff or other organisations connected to us give you any guarantees that there will be no problems with how you third party service providers such as Google, Facebook, Instagram or any other provider we may have used. We will endeavour to ensure all files sent to you and your host is free of viruses or other harmful programs.