Terms and conditions
These terms and conditions apply to all assignments carried out on behalf of you, the client, by us, SLR Marketing or by SLR Marketing affiliates, agents and sub-contractors. References to SLR Marketing throughout include our affiliates, agents and sub-contractors where appropriate. You will be deemed to accept these terms and conditions in full unless you notify us and we agree to any variation in writing. These terms and conditions apply across our business including our specialist services.
Initial consultation – our first meeting with you is free of charge and is without obligation. Subsequent time spent on the assignment, including attendance at meetings and other expenses, forms part of the billable assignment.
Price – generally, at SLR Marketing we charge for our time in half-hour increments at an hourly rate quoted to you at the outset. Where appropriate we will agree a fixed package price or a monthly retainer either with a specific deliverable or a set number of hours committed.
Once sufficient information has been provided to SLR Marketing we will provide you with a written estimate. You will be deemed to have accepted this upon the earlier of written confirmation or payment of the first instalment. If the specifications and/or schedules change during the assignment we will discuss with you any impact on the price and will agree a revised estimate with you in writing.
Billing and payment terms – at SLR Marketing we generally split the settlement of our bill into .
two or three payments to ensure both your and our cash flow is maintained. For example, one third of the bill is payable upon acceptance of the written estimate; the second third is due upon approval of the first creative submission; and the final third must be paid within 14 days of completion of the assignment. These due dates will be specified in the estimate. If none is specified payment is due within 14 days of invoice date. SLR Marketing reserves the right not to commence work on the assignment until the first payment has been received
If any phase of the assignment is delayed for longer than 30 days for reasons outside our control we reserve the right to invoice for work completed to date. “Cash flow is king”: we aim to pay our suppliers on time; we respect clients who pay us likewise. In order not to penalise those who do, we reserve the right to charge interest on overdue payments at the rate of 8% per annum accruing daily from the due date.
Duration of contract – unless we agree a fixed term contract with you our contractual relationship shall be indefinite unless terminated by either party with one month’s notice. The duration and notice period for a fixed term contract will be specified in our written proposal to you.
Ownership – the ownership of designs, inventions, concepts, layout, scripts, films, tapes, artwork and display materials or other material delivered by SLR Marketing to the Client does not pass to the Client when the Client has paid all amounts due to SLR Marketing in respect of that work, paper, or other materials.
The Client shall have the right to use such designs, images and artwork royalty free for the purposes for which they were commissioned once payment has been made, but any unauthorised use shall result in further charges becoming payable by the Client to SLR Marketing. Copyright does not pass to the client on payment of invoice. Where SLR Marketing has commissioned photography, illustration or other items originated by an outside Creator, the ownership of these items may belong to the Creator and not to SLR Marketing.
Therefore copyright will remain with the Creator. SLR Marketing shall be indemnified by the Client in respect of any claims, costs and expenses arising out of any extension to the use of any music, copy, photographs, illustrations, film or video material supplied by SLR Marketing which contains elements for which only limited use has been agreed by SLR Marketing, the Client and the owners of suppliers of such property.
Your sign-off – while we make every effort to ensure the accuracy of the output material, we cannot be responsible for the correctness of the final copy and will require your written sign-off prior to completion of the assignment. If we do not receive your sign-off in writing you will be deemed to have accepted the copy within 24 hours of us submitting to you the copy for final review. We will assume that any of your employees or agents who purports to sign off material in writing has your actual authority to do so unless you notify us otherwise in advance.
Limitation of our liability – here’s the small print:
the liability of SLR Marketing to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances exceed the price of the services or goods supplied. In particular, SLR Marketing shall not be liable for any costs, claims or damage arising out of any act of tort or omission or breach of contract or statutory duty calculated by reference to profits, income production or accruals or loss of such profits, income production or accruals or by reference to accrual or such, claim, damages or expenses on a time basis.
However, nothing in these terms and conditions excludes or restricts our liability to you in the unlikely event of death or personal injury resulting from the negligence of SLR Marketing.
Conflict of interest – as SLR Marketing is involved in advertising and marketing we will not accept new instructions from a prospect that, in our opinion, is your direct competitor. However, we reserve the right to work for businesses in the same sector as your business where we feel we have developed a specialist niche.
In such cases if there appears to be an indirect conflict of interest we will ask the first client permission before accepting the assignment of the second client.
Complaints and resignation – SLR Marketing is responsible for providing you with material which we believe best reflects your creative brief. The team at SLR Marketing wants you to be happy with our work. We realise you may occasionally take a different view; if so, please notify us immediately to give us an opportunity to rectify or clarify the matter.
Amendments – SLR Marketing reserves the right to make reasonable amendments to these terms and conditions, such changes shall be deemed to come into effect within 30 days of us notifying you of the changes by email.
Governing law – these terms and conditions are governed by English law, and you and SLR Marketing submit to the exclusive jurisdiction of the courts of England and Wales
Sub-contracting and third party costs – there may be aspects of the assignment which are supplied by a third party, for example, printing. Prior to engaging the third party we will notify you in writing whether SLR Marketing is: (1) sub-contracting the services and providing you with an umbrella service in which case we will invoice you for the services; or (2) merely introducing you to the third party, in which case you willbe contracting directly with the provider
If we cannot satisfy your needs SLR Marketing will resign from the assignment and make all reasonable efforts to find an alternative solution, whether in-house or externally. If we resign from an assignment or you choose not to use any material we have completed following your instructions, we will only invoice for the amount of time spent on it.
Ecommerce and merchant account – SLR Marketing is not responsible for the provision, operation or security of your merchant account.
Direct marketing including by telephone, mail and email – SLR Marketing will use all reasonable endeavours
within the budget you allocate us to maximise the effectiveness of your campaign in whatever manner we feel is appropriate and in our absolute discretion. We make no warranty as to results.
Delivery – SLR Marketing assumes no risk for losses or damage to products once they have left our or our agents’ office, workshop, print works, warehouse or similar. Please consider insuring any goods in transit or making arrangements for personal collection for valuable items.
Amendments – SLR Marketing reserves the right to make reasonable amendments to these terms and conditions, such changes shall be deemed to come into effect within 30 days of us notifying you of the changes by email.
Governing law – these terms and conditions are governed by English law, and you and SLR Marketing submit to the exclusive jurisdiction of the courts of England and Wales
Sub-contracting and third party costs – there may be aspects of the assignment which are supplied by a third party, for example, printing. Prior to engaging the third party we will notify you in writing whether SLR Marketing is: (1) sub-contracting the services and providing you with an
umbrella service in which case we will invoice you for the services; or (2) merely introducing you to the third party, in which case you willbe contracting directly with the provider and responsible to them directly for payment. Under option (1) unless referred to below we will notify you on a case-by-case basis of any additional terms and conditions which will apply. Where we incur external costs on your behalf we may require advance payment and reserve the right not to proceed with the assignment if prompt payment is not received.