LS MKTN LTD. Registered in England and Wales No. 16277776. Registered office: Suite 17, Radley House, Richardshaw Industrial Estate, Pudsey, LS28 6LE.
These Terms of Business may not be varied unless agreed upon in writing and signed by LS MKTN LTD. Please read these terms in conjunction with the accompanying Letter of Engagement, which provides the specifics of the services to be rendered.
Unless otherwise agreed in writing by LS MKTN LTD, these Terms of Business shall take precedence over any terms stipulated by the client. LS MKTN LTD reserves the right to amend these terms at any time without prior notice.
Details of fees, charges, the agreed frequency of billing, and payment terms are contained in the accompanying Letter of Engagement. LS MKTN LTD reserves the right to cease providing services if the payment terms are breached due to delayed or non-payment. In the event of termination of this agreement, all outstanding fees, expenses, and charges shall remain payable by the client.
You can expect to receive from me:
The Client agrees to:
Failure to comply with these duties may result in delays or interruptions in the service delivery, for which LS MKTN LTD shall not be held liable.
Continuation and Termination of Agreement
The terms of this agreement shall continue to apply based on these Terms of Business until LS MKTN LTD ceases to act for the Client.
As instructions change and different projects and briefs are undertaken, LS MKTN LTD will provide additional client engagement letters detailing the specific instructions. These engagement letters shall always be read in conjunction with these Terms of Business.
LS MKTN LTD reserves the right to terminate this agreement at any time by providing the Client with seven (7) days’ written notice.
Upon termination of this agreement and once all fees and charges are paid in full, all records held by LS MKTN LTD, except those required for her own financial and business records, will be returned to the Client or destroyed at the Client’s request.
Where LS MKTN LTD processes the Client’s data as a data processor, it is assumed that the Client holds the necessary licensing from the Information Commissioner. LS MKTN LTD is registered with the Information Commissioner’s Office, Registration Number: ZB723448.
From time to time, it will be necessary for me to incur expenses on your behalf in order to fulfil my instructions from you. I will invoice you for these expenses periodically and when it is incurred, and expect you to discharge these invoices within 14 days of receipt.
If required, the standard hourly rate will be charged for all work, from the time I depart my office in Leeds to the time I arrive at your site, and for the return journey back to my office in Leeds.
If required, a standard charge of £0.45 per mile will be applied to each mile travelled. This will be calculated on a per-mile basis and rounded up to the next full mile. Charges will be applied from departing my office in Leeds to your site and for the return journey back to my office.
The accompanying letter of engagement makes it clear as to the nature of the work I am required to undertake on your behalf. In certain situations, I will be acting as a supplier on your behalf. I will not be an employee, nor will I become a subcontractor under the terms of this agreement.
All notices under this agreement shall be sent by recorded delivery mail via Royal Mail to my Registered Office. Where I serve any notice upon you, I will do so, and it will be considered effective for the purposes of this agreement for me to send this to the last
address I hold on my records for you.
I will always use my best endeavours to provide an excellent quality service to my clients, including wherever possible to comply with time limits and requested delivery dates asked of me by you. However, for the avoidance of doubt, time shall not be of the essence in respect of our agreement unless agreed in writing by me.
I cannot – and will not – be held liable for any delay, loss or action arising out of your failure to respond promptly to requests for approvals, information or instructions.
I will accept all material supplied by you on the basis that you own the copyright or have the necessary permissions of the copyright holder. All material prepared by me for you, copyright of such produced material will pass you upon payment of our invoices in respect of such work. Where I produce material and you do not settle all invoices in respect of all our work for you, copyright in such material will remain with LS MKTN LTD.
The Client shall indemnify and hold harmless LS MKTN LTD from and against any and all actions, claims, demands, damages, liabilities, costs, and expenses, including legal fees, arising out of or resulting from:
LS MKTN LTD holds professional indemnity insurance with Hiscox to cover claims arising from professional negligence.
To the fullest extent permitted by law, LS MKTN LTD’s total liability to the Client for any claim arising out of or in connection with this agreement, whether in contract, tort (including negligence), or otherwise, shall be limited to the total fees paid by the Client to LS MKTN LTD under this agreement.
In no event shall LS MKTN LTD be liable to the Client for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, or business opportunities, even if advised of the possibility of such damages.
LS MKTN LTD shall not be liable for any failure or delay in performing her obligations under this agreement if such failure or delay is due to causes beyond her reasonable control, including but not limited to acts of God, war, terrorism, strikes, or governmental actions.
These Terms of Business, and the accompanying letter of engagement, together with any further and subsequent letters of engagement shall form the entire agreement between us.
No verbal promises or representations by either party, unless confirmed in writing in accordance with these terms of business will serve to amend our agreement.
If any provision of this agreement is held to be invalid or unenforceable, then this agreement shall be construed as if such clause were removed, and no unenforceability of a single clause shall cause this entire agreement to fail.
These Terms of Business and our Engagement letter shall be governed by and interpreted in accordance with English law. Any disputes or claims under this agreement shall be dealt with only by the courts of England and Wales.