Standard Conditions of Business – SPP Digital Marketing
INTRODUCTION TO TERMS AND CONDITIONS
These terms and conditions apply between all Users of this Website (including but not limited to Members), and SPP Digital Marketing, the owner(s) of this Website. Additionally these terms and conditions apply to the use of and (where applicable) the purchase of SPP Digital Marketing Products and Services, including but not limited to Digital Membership subscriptions and the placing of advertising with SPP Digital Marketing Please read these terms and conditions carefully, as they affect your legal rights.
1. Acceptance of Terms
1.1 Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. By using the Website and agreeing to these terms and conditions Your access to and use of the SPP Digital Marketing Website or Services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the SPP Digital Marketing Website immediately.
1.2 f you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.
1.3 SPP Marketing reserves the right to change these terms and conditions without notice, and Users agree to be bound by such changes. It is the responsibility of Users to check these Terms and Conditions regularly for any changes.
2.1 Throughout this terms and conditions, the following words will have the following meanings set against them:
“Advertising” such individual media advertising campaign or programme of advertising that is purchased by the Client from SPP Digital Marketing
“Advertisement” including display, classified, inserts, directories, banners, websites and click button Advertisements and any other announcement designed to publicly promote activities including Campaigns and Programmes on SPP Digital Marketing Website and all Social Media Platforms using your website URL and products and service offering.
“Advertising Agency – Company instructed to act on behalf of the Client as an agent;
“SPP Digital Marketing of 2 Easterling Road, Preston, PR2 3DZ
“Client” any individual or company purchasing Advertising from SPP Digital Marketing;
“Content” any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of the SPP Digital Marketing Website;
“Copy Date” Agreed deadline to supply advertising materials by;
“Directories” shall mean the Members Directory Page and Suppliers Directory Page collectively;
“Free Membership” or any Membership Product that is offered by SPP Digital Marketing free of charge in consideration for registering via the Website and agreeing to these terms and conditions;
“GDPR” General Data Protection Regulation, EU law on data protection and privacy for all individuals within the European Union and the European Economic Area, under the act as of 25th May 2018
“Member(s)” Users who have an active subscription to a Membership Product;
“Membership Product(s)” Services and Content offered to Members in a subscription package upon registering as a Member depending on the specific Membership tier that they have purchased vai the SPP Digital Marketing website
“Directory Packages” our current price list for Advertisements as supplied by SPP Digital Marketing to business/consumer
“Services” collectively or individually as appropriate, any product or service provided by SPP Digital Marketing including but not limited to any services listed on the Website, Advertising & Products
“Start Date” agreed date from which the first advertisement will be placed;
“End Date” agreed date from which the first advertisement will end
“Subscriber” the individual or company that orders an annual subscription product; currently accessible at https://sppdigitalmarketing.co.uk/directory/
“User”, “Users”, “you” Any and all persons who access the Site and services provided by SPP Digital Marketing, including but not limited to Members;
“Website” the website owned by SPP Digital Marketing with the url: https://sppdigitalmarketing.co.uk/ and any sub-domains of this site, unless expressly excluded by their own terms and conditions.
3.1 Content is available via SPP Digital Marketing and this Website on a chargeable basis and in consideration for a specified payment, as part of a Membership subscription.
3.2 All Content included on the Website, unless uploaded by Users and Members of SPP Digital Marketing our affiliates, licensees or other relevant third parties. By continuing to use the Website Users acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission;
3.3 Without prejudice to any rights granted herein, SPP Digital Marketing reserves the right to amend, edit or abbreviate or take down any Content at our discretion.
3.4 Notwithstanding the above, were a User is paying for additional premium content (by way of example, part of a Membership subscription) (“Pre-Paid Content”) such Users acknowledge that their access to such Pre-Paid Content is conditional upon payment in accordance with the payment methods set out on the Website before access to such Pre-Paid Content is permitted,
4. Prohibited use of the Site by Users
4.1 Users are expressly forbidden to download, store, reproduce, transmit, display (including without limitation via an intranet or extranet site), copy, sell publish, distribute, provide access to Content for any purposes other than as set out herein or to sub-license, rent, lease, transfer or assign any rights in Content, to any other person, commercially exploit or use Content for any unlawful purpose.
4.2 With regard the uploading, or posting of User Generated Content, and use of the site more generally, Users may not use the Website for any of the following purposes:
4.2.1 in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
4.2.2 in any way which is harmful, unlawful, illegal, abusive, harassing, misleading, inaccurate, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order.
5. Availability of the Website and Disclaimers
5.1 Marketing uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, SPP Digital Marketing give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
5.3 SPP Digital Marketing accepts no liability for any disruption or non-availability of the Website.
5.4 SPP Digital Marketing reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
6. Limitation of Liability
6.1 Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
6.2 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
6.3 To the maximum extent permitted by law, SPP Digital Marketing accepts no liability for any of the following:
6.3.1 any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
6.3.2 loss or corruption of any data, database or software;
6.3.3 any special, indirect or consequential loss or damage.
7. Website Content and Services
7.1 Except as otherwise expressly agreed to by SPP Digital Marketing in writing, information regarding SPP Digital Marketing products and Services is subject to change without notice.
7.2 Information about SPP Digital Marketing Products and Services made available on and/or through this Website shall not constitute a representation, warranty or other commitment by SPP Digital Marketing with respect to any product or service unless otherwise expressly agreed to by SPP Digital Marketing in writing.
7.3 Without limiting the generality of the foregoing, SPP Digital Marketing hereby disclaims all warranties, expressed or implied, as to the accuracy, suitability for any purpose or completeness therefore.
8. Third Party Content
8.1 This Website makes available certain Content that has not been created by SPP Digital Marketing either via hyperlinks which may take Users to websites not controlled or maintained by SPP Digital Marketing, or as hosted via the Website whether or not such Content is available free of charge, to Members only or for a fee, for example Partner Downloads, Member profiles and other materials posted by other Users on the Website blogs and forums (“Third Party Content”) .
8.2 Any copying, distribution, reproduction, retransmission, or modification of any of the Third Party Content or any information or materials appearing in such Third Party Content, whether in electronic or hard copy form, is subject to the prior written permission of the author and publisher of such Third Party Content.
8.3 Third Party Content is not the responsibility of SPP Digital Marketing, and Users acknowledge and confirm that SPP Digital Marketing has no control over the opinions, information, legality of products, or accuracy of facts or statements contained in such Third Party Content and furthermore SPP Digital Marketing cannot guarantee and makes no representation or warranty as to the accuracy, veracity, or completeness of any such information provided. Nothing contained within Third Party Content necessarily represents the point of view of SPP Digital Marketing.
8.4 SPP Digital Marketing cannot and does not confirm each User’s identity, whether or not they are a Member. SPP Digital Marketing allows Members to give access to information about themselves to other Members but does not control the information provided by Users or Members.
8.5 In the event that you have a dispute or issue with one or more of the other Users, you agree to unconditionally release SPP Digital Marketing (and employees) from any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Subject to clause 9.2 below, either party may terminate this Agreement on 1 month’s written notice to the other.
9.1 Clause 9.1 shall only apply where you have not purchased Services or where you have purchased Services but the Minimum Term will have expired within 1 month of serving notice to terminate.
9.2 SPP Digital Services reserves the right to cease providing Services to you with immediate effect if it considers, in its sole discretion, that you are acting in violation of its policies or the products or services offered on your Company Website are not supported by SPP Digital Services. Either party may terminate this Agreement with immediate effect if: (i) the other party is in material breach of the Agreement; or (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days.
9.3 If the Services are cancelled by either party or this agreement is terminated then the rights and licences granted to you under this Agreement, including your licence to the Company Webpage and the Domain Name, will be terminated with immediate effect.
9.4 In the event that we are managing your Other Digital Accounts as part of any Services, on termination we may, at our discretion, either delete such accounts, transfer them to you, or leave them as is.
9.5 Directory Listing Your listing on our directory will be living with 5 working days from the day the payment was made, listings can take upto 28 days to reach all Social Media platforms – Social Media platforms used by SPP Digital Marketing include:
Facebook / Twitter / Instagram / Linkedin / Snapchat / Pinterest (these are also subject to change)
9.6 Cooling off Period – Under the Consumer Credit Act Regulations we offer a 28 day cooling off period, whether that being payment which has been processed via the Take payment Terminal, BACS or by Cheque – you have an unconditional right to cancel your contract with SPP Digital Marketing within the first 28 days of the payment being received however the company does reserve the right to deduct any reasonable expenses for any potential refunds made made within the first 28 days.
9.7 Chargebacks – any payments made via credit or debit “therefore” creating a chargeback with our merchant provider at the time of the “chargeback” and SPP Digital Marketing may be subject to an administration fee of £40.00. All chargebacks deemed to be ineligible or unfair. SPP Digital Marketing reserves the right to recover the full amount.
9.8 Accessibility – SPP Digital Marketing ensure that the website is accessible 24 hours a day, however we are not liable for any losses, costs that you occur if the website is unavailable or down due to maintenance, repair including system failure.
9.9 Any information that you transmit to this website either by telephone, fax, email or post will not be considered non-confidential and non-proprietary. By sending this information to ourselves we are free to copy, disclose, distribute, incorporate and use all non-personal for any commercial and non-commercial purposes.
10.0 All prices unless otherwise stated are quoted inclusive of VAT. Payments are processed via our Virtual Terminal / Paypal Checkout and all debit / credit card information is removed from our systems after the “purchase” has been processed under the Consumer Credit Act regulations.
10.1 Accuracy of information – SPP Digital Marketing endeavours to ensure that your content is correct and up-to-date but we cannot give a guarantee of its exact accuracy, completeness or adequacy.
10.2 These terms and conditions and your use of the Website https://sppdigitalmarketing.co.uk/ will be governed by and construed in accordance with English law.