Unless otherwise agreed in writing, the following terms and conditions will be binding on all dealings between Sawat Marketing Ltd trading as Creative Marketing Services (hereinafter referred to as the agency) and its clients. The registered office of the agency is at 421 Great Horton Road, BD7 3EU. Bradford
Basis of charging
The basis of charging operated by the agency is that all creative work such as copywriting, design, artwork, digital and web production, social network marketing and PR production is charged at a commercial hourly rate. All subcontracted services such as printing, photography, media, video production etc is uplifted to give the agency a reasonable commercial profit for the capital risk employed.
The agency’s remuneration for media bookings is wholly or partly by way of a commission paid by media owners to recognised advertising agencies such as ourselves. In many cases this is 15%, but where this is less it will be uplifted by the agency.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We reserve the right to refuse service to anyone for any reason at any time.
1 ACCURACY COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
2 Terms of payment
Unless otherwise shown on the invoice, all invoices are due 30 days from date of invoice.
3 Modifications to the Services and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
4 Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
5 Third Party Links
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
3 Late fee
As the conditions of the media owners are very strict and media bookings involve a low profit margin, we must regretfully charge a late payment fee if our payment terms are not met. This fee of 5% is shown on invoices and must be paid if the invoice is not settled within 30 days. It may be deducted from payments made within 30 days.
4 Late payment of Commercial Debts (Interest) Act 1998
Irrespective of whether a late fee is shown on invoices, the agency gives notice that it will alternatively or additionally invoke its powers under the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 to charge statutory interest at 8% above Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid. Such fees will apply on a daily basis beginning on the first day that an invoice becomes overdue. An additional compensations charge of £40 on invoices below £1000 and £70 on invoices over £1000 may be levied.
5 Commissioning of design work
Where the agency is requested to carry out design work the basis of charging will be a commercial hourly rate or an agreed fee. In the case of projects which extend beyond one month, the agency will charge 25% of the agreed fee after 30 days and a further 25% after 60 days with the balance charged on completion.
6 Rejection or cancellation
The client shall have no right to terminate a contract, allege breach of contract, or seek any cancellation, reduction or repayment of costs on the basis of style or composition. Once the agency has been commissioned to deliver a project or series of projects, the full agreed fee shall become liable. Where no initial fee had been agreed, a sum equivalent to the hourly costs of starting and completing the project will be liable.
The copyright belonging to any work produced by the agency shall remain the property of the agency. Copyright may be assigned at the conclusion of the contract upon payment of all outstanding invoices. The agency retains the right to mention or feature any work commissioned or undertaken on its websites, brochures or any publicity.
As advertising, social media marketing or production of publicity material plays only a part in the marketing mix, no liability in law can be accepted for the effectiveness or otherwise of any advertisement, series of advertisements, social media activity, paid search activity or promotional material.
Whilst every effort will be made to ensure that advertising and promotional material appears correctly, the agency’s liability is limited to the cost of the advertising space or social media posts only if booked by the agency and/or the cost of the creative work.
Written text for advertising digital and promotional material and/or designs and/or proofs will be submitted for client approval. From this point on, no liability can be accepted for any inaccuracies.
9 Invoice queries
Any query or dispute arising from any invoice submitted must be raised in writing by email to email@example.com or recorded delivery letter not later than fourteen days from the invoice date.
13 – Disclaimer of warranties; limitation of liability
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Sawat Marketing, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Voucher copies are expressly excluded from our terms of payment stipulations. The agency may provide a copy of the artwork or the advertisement involved, or tear sheet, or certificate of insertion or transmission but the provision of such information may not vary the payment terms outlined above.
11 Asbof and Adfast
In conjunction with the media publishing associations described above, we are obliged to charge a levy – shown on invoices as ASBOF – on all media invoices issued. This small levy of 0.1% is paid to the Advertising Standards Board of Finance to operate the Advertising Standards Authority. We are also obliged to pay a transmission charge, most commonly referred to as Adfast. The agency charges a £5 fee to cover such transmission charges and combines this with the 0.1% Asbof charge when shown on invoices.
12 Legal and voluntary controls
The agency shall not be responsible for executing any advertising or promotional material which contravenes the Advertising Standards Code of Advertising Practice, the Trades Descriptions Acts, Sale of Goods Act, Race Relations Act, Sex Discrimination Act or any other statute. Furthermore, the client indemnifies the agency against any legal action, civil or criminal, arising as a result of carrying out the client’s instructions. The client warrants that any mailing list provided to the agency for marketing purposes complies with the General Data Protection Regulations and other applicable laws, rules and codes regarding the acceptance of electronic communication.
13 Conditions of acceptance by media
The client further guarantees that advertising meets the limitations laid down by the media associations such as the Newspaper Publishers Association, Newspaper Society, Periodical Publishing Associations and their Scottish, broadcasting and online equivalents.
14 Law of confidentiality
Reports and recommendations prepared by the agency and associated creative designs are produced in commercial confidence and Copyright.
Although the agency uses every endeavour to maintain agreed time schedules and delivery of creative work to the customer, media or producer of marketing materials, time is not of the essence of the contract and the agency cannot be held responsible for any losses actual or consequential which arise from such delays.
The agency has the right to retain any creative work produced for the client, or any of the clients’ documents or materials, or access to websites or social media platforms until the agency’s accounts to the client are discharged in full.
The placing of an order for the insertion of an advertisement, marketing project, creative work or production work, whether written or verbal, shall be deemed to be acceptance of the above conditions and agreement to abide by them.