Terms And Conditions for all Clients Signed Pre-November 2020

Commencement of Service

• Commencement of the agreement begins on the date the agreement is signed. This date will become your official contract start date and all break clauses and contract renewals will be based off this date.

• You must complete a pre-service checklist upon signing your contract. This ensures your business is ready for digital advertising. We cannot begin work until the checklist is completed.

Provision of the Service

• Digital Media Team shall provide the provision of the service to the customer in accordance with the terms of the agreement. The customer acknowledges and agrees that:
• Before services can commence we (Digital Media Team) may need to complete an audit of account to ensure you are suitable for our service. This ensures the best possible results going forward.
• Work will commence on the completion of the checklist. Once the checklist is complete, you will be able to book a strategy call and we will send out your initial invoice which reflects the date of the call.
• Digital Media Team’s services are available between the times of 9am and 5pm GMT Monday to Friday unless stated differently in the works order.
• Communication with Digital Media Team can be accessed between the hours of 9am to 5pm. Communication outside of these working hours should be made in the form of emails to support@digitalmediateam.co.uk to ensure best response.

Charges

• The charges for provision of the service and ongoing management will be as set out in the agreement and as agreed to on the date of signature. All stated charges will be subject to Value Added Tax (“VAT”) which will be charged additionally at the applicable rate.
• Any work carried out outside of this time is chargeable at a studio rate of £125 per hour. Any additional projects outside of the agreed service plan will require sign off and payment before work will commence.
• All invoices are required be paid in advance for the continuation of the service eg. The payment for your October service will be taken at the end of September and so on.
• Your advertising fee is calculated based on the total advertising spend processed through your ad account each month, billed in arrears so as to accurately cover the exact amount spent.
• If the service has a mid month start date your initial invoice will be calculated pro-rata for the remainder of that month, then from the 1st to the last day of following months for the remainder of the agreement.
• Your payments are to be made by direct debit. You will receive a GoCardless mandate with your first invoice. This must be signed before work begins.
• If the GoCardless mandate is cancelled we reserve the right to pause your service. If a GoCardless payment fails we will contact you and try to resubmit the payment. If we do not hear from you and this invoice becomes more than 7 days overdue, your service may be paused and no further work completed until communication and payment is made.

Termination

• Clients may terminate the agreement by giving 30 days’ prior written notice to the end date of the contract as is set out in the signed works order, provided that the customer terminates the agreement by providing Digital Media Team with such notice in writing you will not be liable to pay any ‘Early Termination Charges’.
• If notice has not been given 30 days prior to end of contract date, the agreement will automatically renew for the original fixed term.
• Digital Media Team may at any time terminate the agreement immediately on giving notice to the other party if the other party is in breach of any terms within this agreement.
• Upon termination of the Agreement, the Customer shall immediately stop receiving services and support from Digital Media Team with immediate effect, as per the final day of the agreement.
• Upon termination of the agreement all outstanding balances are to be paid in full on the day of termination, if balances are not cleared Digital Media Team have the right to appoint solicitors to recover the outstanding balance.
  
• All creative work commissioned by Digital Media Team is our intellectual property. If the contract is breached we reserve the rights to remove these from your accounts.

Data Protection

• Digital Media Team and the customer each agree to comply with their respective obligations under the Data Protection Act 1998 and related regulations and obtain and maintain all relevant notifications and consents, including (in relation to the Customer) such notifications and consents as the customer should obtain and maintain to enable Digital Media Team to process personal data in connection with the performance by Digital Media Team of its obligations under the agreement.
• Any and all data supplied by any customer of Digital Media Team (including the Customer) is held in accordance with Digital Media Team. The current privacy policy is available for inspection on this site.

General Provisions

• The ‘Agreement’ constitutes the entire agreement between Digital Media Team and the customer and supersedes all prior and contemporaneous agreements, communications and representations (except for any representation made fraudulently) whether oral or written, between Digital Media Team and the customer in respect of the subject matter of the agreement, provided that Digital Media Team may vary any of these terms and conditions at any time by posting the variation on its website and giving its customers (including the customer) no less than 28 days’ prior written notice before such variation takes effect. Digital Media Team will only make such a variation if it has a valid reason, including (without limitation) in order to reflect changing arrangements with any third party digital operator or supplier or changing legal, regulatory or business requirements.
  
• The agreement is governed by and shall be construed and interpreted in accordance with the laws of England and Wales and the parties submit to the non-exclusive jurisdiction of the English courts.