Terms of Business

These Terms and Conditions are the standard terms for the provision of services by Northern Bear Marketing Consultancy Ltd, a Private Limited Company registered in England under number 104 041 36, whose registered address is Suite 4, Trinity House, 33a Market Street, Lichfield, Staffordshire, WS13 6LA

Where these Terms use words in their singular form, they shall also be read to include the plural form of the word and vice versa.  Where these Conditions use words, which denote a particular gender, they shall be also read to include all genders and vice versa.

The headings in this document are inserted for convenience only and shall not affect the construction or interpretation of these Terms

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

‘Business Day’ means any day other than a Saturday, Sunday or bank holiday;

‘Contract’ means the contract between the Company and the Client for the supply of Services governed by these Terms and the Order;

‘Client’ means the individual or business entity who purchases Services from the Company and whose details are set out in the order;

‘Force Majeure Event’ means an event beyond the reasonable control of either party, including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors;

‘Services’ means the services the Company will provide to the Client as specified in the Order;

‘Specification’ means the description of specification of the Services in the Order;

‘We/Us/Our/Company’ means Northern Bear Marketing Consultancy Ltd a Private Limited Company registered in England under number 104 041 36, whose registered address is Suite 4, Trinity House, 33a Market Street, Lichfield, Staffordshire, WS13 6LA and whose main trading address is the same;

‘Order’ means the order placed by the Client or Client’s Representative through written confirmation;

‘Quotation’ means the written quotation prepared by the Company which contains its proposals for providing Services to the Clients;

‘Written Confirmation’ includes electronic communications whether sent by e-mail, fax or other means

‘Terms’ means these Terms and Conditions as updated from time to time by the Company;

‘VAT’ means Value Added Tax chargeable under English law for the time being and any similar additional tax

1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, fax or other means.

2. Information About Us

2.1.1 Northern Bear Marketing Consultancy Ltd, is a Private Limited Company registered in England under number 104 041 36, whose registered address is Suite 4, Trinity House, 33a Market Street, Lichfield, Staffordshire, WS13 6LA and whose main trading address is the same.

2.1.2 Our VAT number is 253 350 427

3. The Contract

3.1 These Terms and Conditions govern the provision of Services by us and will form the basis of the Contract between Us and you.Before submitting an Order, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please ask us for clarification.

3.2 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between us and you, save for where such information is already apparent from the context of the transaction:

3.2.1.1 The main characteristics of the Services;

3.2.1.2 Our identity (set out above in Clause 2) and contact details (as set out below in Clause 11);

3.2.1.3 The total Price for the Services excluding VAT or, if the nature of the services is such that the price cannot be calculated in advance, the manner in which it will be calculated;

3.2.1.4 The arrangements for payment, performance and the time by which (or within which) we undertake to perform the Services;

3.2.1.5 Our Complaints Handling Policy;

3.2.1.6 Where applicable, details of after-sales services;

3.2.1.7 The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract;

3.2.1.8 Any cost for provision of services not covered in the above;

 

3.3 The Order shall only be deemed to be accepted when the Company issues a written acceptance of the Order, or when the Company has started to provide the Services having received the Order, whichever happens first, at which point the Contract shall come into existence.

3.4 The Contract constitutes the entire agreement between the Company to provide the Services to the Client and for the Client to purchase those Services, in accordance with these Terms;

3.5 A Quotation for the supply of Services given by the Company shall not constitute an offer. A Quotation shall only be valid for a period of 14 Business Days form its date of issue.

4. Providing the Services

4.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the Marketing Sector, and in accordance with any information provided by us about the Services and about Us.

4.2 We will begin providing the Services on the date mutually agreed by us both

4.3 We will make every reasonable effort to complete the Services on time (and in accordance with your requirements). We cannot, however, be held responsible for any delays if an event outside of our control occurs.  Please see Clause 9 for events outside of our control.

4.4 If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.

4.5 If the information or action required of you under sub-Clause 4.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work, or agree to cessation of the services

4.6 If you do not pay Us for the Services as required by Clause 6, We may suspend the Services until you have paid all outstanding sums due. If this happens, we will inform you in writing.

5. Orders

5.1 All Orders for Services made by you will be subject to these Terms and Conditions;

5.2 You may amend your Order at any time before We begin providing the Services by contacting Us;

5.3 If your order is amended, We will inform you of any change to the Price in writing.

6. Price and Payment

6.1 Our Prices may change at any time, but these changes will not affect Orders and We have already accepted;

6.2 All Prices exclude VAT.  If the rate of VAT changes between the date of your order and the dated of your payment, We will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any Prices where We have already received payment, in full, from you;

6.3 Before We begin providing the Services, you will be required to pay a deposit as follows:

A. Total value of work under £2.5k will require a minimum 50% deposit

B. Total value of work over £2.5k will require a minimum 25% deposit

The Deposit will be required prior to commencement of the Services;

6.4 Payment dates (or milestones) for the remaining balance will also be agreed with you prior to commencement of the project;

6.5 If additional work, in excess of the original quotation, has been completed a further invoice will be raised and will require payment in full or at such intervals as stated in Clauses 6.3 and 6.4 as agreed with the Company in advance;

6.6 The Client shall pay each invoice submitted by the Company within 28 Days of the date of the invoice and the invoice number shall be stated on all payments;

6.7 We accept payment the following methods of payment:

A               BACS

B               CHAPS

C               Bank Transfer

D              Cheque. – please note that a £25 administration charge is applicable if paying by cheque

6.8 Late payment shall be considered as constituting a material breach of the Contract entitling the Company (at its discretion) to cancel the Contract or to affirm the Contract and assert the usual remedies for breach;

6.9 In the event of any overdue payment, and at the Company’s discretion, we may charge you an administration fee of £10 (to cover expenses and not as a penalty) per reminder for overdue payments submitted to the Client. The Company shall be entitled to submit such reminders on a weekly basis once the fees have become overdue.  The Company expressly reserves all rights at all times to bring any legal action it considers appropriate to recover any unpaid sums

7. Problems with the Services and Your Legal Rights

7.1 We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that you inform us as soon as is reasonably possible

7.2 We will use all reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.We will remedy any problems under this Clause 7 where the problems have been caused by us, any of our agents or employees or sub-contractors or where nobody is at fault.  If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, sub-Clause 4.5 will apply, and we will need to discuss this further with you and We may charge you for remedial work;

7.3 We will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please see Clause 9 for events outside of Our control.

8. Our Liability

8.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

8.2 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

8.3 Nothing in these Terms and Conditions seeks to exclude or limit our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by us about the Services or about us.

9. Events Outside of Our Control (Force Majeure)

9.1 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

9.2 If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

9.3 We will inform you as soon as is reasonably possible;

9.4 Our obligations under these Terms and Conditions will be suspended and anytime limits that We are bound by will be extended accordingly;

9.5 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

10. Communication and Contact Details

10.1 If you wish to contact us, you may do so by telephone at 01543 520063 or by email to chris@thenorthernbear.co.uk

11. Complaints and Feedback

11.1 We always welcome feedback from Our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

11.2 All complaints are handled in accordance with Our Complaints Handling Policy and procedure, available from Chris via email

11.3 If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in one of the following ways:

11.3.1 By email, addressed to chris@thenorthernbear.co.uk

11.3.2 By contacting us by telephone on 01543 520063

12. How We Use Your Personal Information (Data Protection)

12.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (‘GDPR’) and your rights under GDPR.

13. Other Important Terms

13.1 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

13.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

13.3 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

13.4 No failure or delay by us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

14. Governing Law and Jurisdiction

14.1 These Terms and Conditions, the Contract, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.

14.2 Any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, the Contract, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.