Terms & Conditions

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Effemey Cosby Advertising Ltd (ECA) is a registered company in England and Wales. Reg No: 4145385.  Our registered address is, 31/33 Commercial Road, Poole, Dorset, BH14 0HU. VAT where applicable is charged at the current prevailing rate. VAT Registration Number: 768 9183 66

These Standard Terms apply to the supply of all products and services by Effemey Cosby Advertising (hereafter referred to as ECA), unless we otherwise agree in writing. ECA accept orders and instructions only on the basis that those instructing us do so as principals and are liable directly to us for payment of our account.

Use of third party contractors
We may, as your agent, directly or through an intermediary ask another contractor ("Third Party Contractor") to carry out some or all of any work which you instruct us to carry out for you. We shall pay the charges of Third Party Contractors on your behalf and recharge them to you with our own fees. We will take all reasonable care in selecting and instructing a Third Party Contractor. However, we have no control over the activities of a Third Party Contractor and therefore accept no responsibility for the services provided to you by that Third Party Contractor or for any errors or omissions in its work or products. We provide services only on the basis that those instructing us give us all proper, necessary and timely instructions, authority and information (including the execution of all documents required) to enable us to undertake lawfully and effectively the business instructed, and that those instructing us indemnify us accordingly.

Copyright and publication
We accept material for printing and/or publication on the basis that those submitting the material are responsible for ensuring it is free from defamatory matter and does not infringe copyright or any other third party rights, and that those instructing us indemnify us accordingly.

Third party reliance
Our services are provided solely for the use of our client and that client's own client on whose behalf the work has been commissioned and shall not be used or relied upon by any other third party.

Delivery of products and services
Products are delivered using first class post, fax, email, FTP or via our own server (as appropriate), unless otherwise stated. Where you request an alternative method of delivery, you must meet those costs. Services are provided using reasonable skill and care. The description and price of goods and services and delivery details will be provided in the confirmation of order and/or invoice dispatched with the product or service. Products and services will be provided in accordance with the timescales set out in the Consumer Protection (Distance Selling) Regulations 2000 unless otherwise agreed with you. Any order damaged in transit must be reported immediately by signing any delivery note "Damaged on arrival" and returning it to us within 5 working days; any damaged goods must be retained by you for inspection. If the delivery note is signed without the comment “Damaged on arrival” we cannot be held responsible for damages in transit.  You will need to inspect your order immediately on delivery and if there are shortages or any problems at all with the order, you need to notify us within 1 working day after date of delivery.

Payment
We may require payment in advance before providing any goods or services. Where we have agreed credit terms for you all our invoices are due for payment 20 days from the invoice date. We reserve the right to charge for costs and expenses incurred in recovering late payments (Debts up to £999.99 - £40.00, debts between £1,000 to £9,999.99 - £70.00, debts of £10,000 or more - £100.00), and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date. We reserve the right to pass unpaid debts to a third party debt collection agency and/or to instruct debt recovery through the courts. We also share our clients payment history with a multinational provider of business credit information. which subscribers may use to credit score your business.  Late payments may therefore have a detrimental effect on your ability to use credit. We use PayPal Virtual Terminal for all our Credit & Debit Card payments however we do not store credit card details nor do we share customer details with any 3rd parties other than our payment provider.

Refunds & Cancellations
Effemey Cosby Advertising Ltd will be happy to help you cancel your order prior to fulfilment although cancellation charges may apply depending on the stage of the order and a full refund cannot always be guaranteed. Effemey Cosby Advertising reserves the right to cancel any order and will give full refunds as appropriate.

Non-completion of services
When you instruct us to undertake any service, you will be responsible for our costs in providing that service whether or not it proceeds to its conclusion.

Liability
We accept no liability for loss or damage (direct, indirect or consequential) including all loss of profit or business arising out of any single claim, event, or series of related claims or events (including claims based on negligence).

Due diligence
Under certain circumstances we are required by law to collect evidence of identity from our clients. If you fail to supply any due diligence which we request we will be unable to provide services to you.

Customer services
If you are unhappy with any aspect of our service, please contact us directly. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.

Quotations and costs
Our quotes are valid for 20 days. Any advance payments are due immediately, with the remainder due within 20 days or on project completion for any other work. Our costs exclude VAT and any outside costs incurred (for example: travel, photography, stock imagery, delivery and couriers). Our hourly rate is £120 p/hr. Our minimum charge is 30 mins.   All work, outside an agreed list of deliverables, in the absence of a quote or due to a client’s changes will be charged at this rate. We will provide you with estimated timescale for progress and completion of work and will use reasonable endeavors to meet those timescales (as long as you perform your obligations promptly). Any quoted dates or times are our best estimates only and we cannot guarantee that they will be met.

Use of work for self-promotion
ECA reserve the right to use any work we produce for the purpose of self-promotion.

Artwork & Copy Retention
ECA endevour to keep backups of artwork, copy and related files for a minimum period of 30 days for archive purposes. Due to the nature and size of the files involved backup can not be assured past this point unless by prior arrangement. In the event that services have ended following unpaid accounts files will be deleted. 

Please ask for details and prices for long-term archiving. ECA are not responsible for further costs for re-creating work if no backup exists.

ECA CMS Platform

A. Platform License:

Subject to the provisions of these Terms, We hereby grant You a non-exclusive, non-transferable, limited license to use our CMS Platform during the Term solely to run your site as contemplated by these Terms, and to permit You and Your Clients to access and use the Platform Services as contemplated by the Agreement (the “License”).

The Services, Platform, Marks and related intellectual property are the copyrighted intellectual property of Effemey Cosby Advertising Limited and may not be redistributed, repackaged or used in any fashion other than as explicitly allowed by these Terms. Any violation of this License may result in suspension or termination of Your account and You may be refused any and all current or future access to and use of the Services. The Platform and all other Effemey Cosby Advertising Limited intellectual property is subject to this License.

You acknowledge that Our Platform and the Services, including without limitation the Software, the trademarks, service marks and logos contained on the Effemey Cosby Advertising Limited website (“Marks”), are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual content and as a collective work or compilation, pursuant to laws and international conventions. Effemey Cosby Advertising Limited and its licensors solely own the Platform, Marks, and all right, title and interest in and to all copyrights, patent rights, trademark rights, trade secret rights and other intellectual property rights embodied therein, including derivations, modifications, and improvements thereto and all such rights (“Effemey Cosby Advertising Limited Content”), are reserved by Us and Our licensors.

You and, if applicable, Your Clients, will not have any rights to the Platform except for the License set forth herein. You acknowledge and, if applicable, will cause Your Clients to acknowledge that no license or other right of any kind is granted to You or Your Clients except as expressly provided in these Terms, and that all rights not specifically licensed under these Terms are reserved to Effemey Cosby Advertising Limited.

B: User Conduct:

In connection with Your use of the Site and the Services, You agree to abide by all applicable local, state, national and international laws and regulations. You must not, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others, Our Policies or the operational or security mechanisms of the Services, and without limiting the foregoing:

You may not use (i) the Sites, (ii) the Services, or (iii) any Effemey Cosby Advertising Limited Content or Your Content (collectively, “Content”) to:

• promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities as determined by Us at Our sole discretion, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming, phishing or any duplicative or unsolicited messages (commercial or otherwise);
• interfere with the access, use or enjoyment of the Platform or the Services by others (including without limitation causing greater demand on the Services than is deemed by Us reasonable, attacks such as to harass or defame others; or promote hatred towards any group of people);
• harvest or otherwise collect non-public information about another user obtained through the Site or the Services (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information;
• use any Content except for the intended purposes of the Services, subject always to the terms of the Agreement;

In addition, You may not:
• alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise any part of the the Services, any Effemey Cosby Advertising Limited Content, or features;
• access or attempt to access any of Our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Services;
• decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Services except if and to the extent permitted by applicable law;
• abuse or use any other means to affect or manipulate the Services in general or the prices quoted through the Services; and/or
• Engage in activity or use language that is threatening, abusive, harassing, defamatory, libelous, offensive, profane against any of our customers, users, employees, representatives, or any third party as determined by us in our sole discretion.

Changes to terms and conditions
ECA reserve the right to make changes to these terms and conditions from time to time. Under all circumstances the most recent online copy of our Terms & Conditions supersedes any previous dated copies you hold.

Jurisdiction
Contracts between us will be concluded in the English language and our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.

Dated

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