These are the terms of Plum Marketing Limited (registered company number 8473910) and its trading name, “Really Good Things” (“the Consultancy”). In these terms, the Client is defined as any individual or organisation that places an order with Plum Marketing Limited / Really Good Things for the provision of Services (“the Client”).
Acceptance of these terms is an absolute condition of the Client requesting work by the Consultancy, and any order constitutes acceptance of the terms detailed below.
Here are our terms.
Estimates and quotations
All estimates and quotations are valid for 30 days from the date of submission. Estimates and quotations are based on the information provided by the Client, and may therefore be subject to change should the scope of the project, or the Client’s requirements, change at any time.
All estimates and quotations are subject to UK VAT at the current rate.
Confirmed orders
Written permission, including via electronic communication, to commence the work will be taken as acceptance of the estimate or quotation provided. Where Purchase Orders are required by the Client, this must be supplied prior to the Consultancy commencing the work.
By accepting a quotation in writing, you are deemed to be an authorised representative of the Client and the acceptance constitutes a confirmed order between the Consultancy and the Client.
Provision of services
The Consultancy reserves the right to sub-contract the fulfilment of the delivery of its services, in full or part.
Intellectual property
The Client agrees to license the Consultancy to use and display the Client’s logo and name in the Consultancy’s marketing materials, including but not limited to website and social media, in reference to the work commissioned.
For the purpose of marketing, the Client agrees that the Consultancy can share and reference work completed on behalf of the Client, including sharing on the Consultancy’s website, marketing materials, and in various forms of media. If the work should not be shared in the public domain, the Client agrees to inform the Consultancy of this in writing.
Payment Terms
Payment terms are strictly 30 days from receipt of invoice. In some instances, our payment terms are shortened to 14 days or 7 days, and in these cases, the Consultancy will notify the Client in advance, as part of the project estimate stage. Payment schedule will be set out in the estimate, and in some cases, the Consultancy will invoice the Client for a percentage of the total project cost in advance of the work commencing.
If the Client fails to make a payment by the due date specified on the invoice, the Client will be liable to pay interest on the overdue sum, and this will accrue each day at 5% above the Bank of England’s base rate. Following 90 days, the Consultancy reserves the right to refer unpaid debts to a collections agency.
All work undertaken remains the Intellectual Property of the Consultancy until full settlement of outstanding invoices has been made by the Client.
The Consultancy does not accept any instance where payment is dependent on the Client securing funds from a third party outside of the Contract.
Cancellation of orders
Requests to cancel a project once it has started will be subject to a charge to cover all costs of the Consultancy (including planning, management, and consultancy time) equivalent to at least 50% of the total project costs agreed. If any external costs have been incurred, then the client will be liable for these costs in full and all outstanding invoices should be paid in full.
Retainers
‘A retainer’ is where the Consultancy has agreed to provide work to the Client on a retained basis as ‘A retainer’, with an agreed number of delivery days per month, and where the Client agrees to pay the Consultancy the total amount each month for a time-limited period. Retainers are invoiced at the start of each calendar month, in accordance with the number of days agreed in the retainer, irrespective of how many hours are considered ‘used’. The Consultancy will record and inform the Client in respect of how many hours remain available in the retainer, and any days or hours that have not been ‘used’ can be rolled over by one calendar month, after which it may not roll on further and may not be credited once invoiced.
Such retainer agreements can be terminated by either party by giving 30 days’ written notice, provided the hours used to date do not exceed the invoice value. In this instance, the Consultancy and the Client will determine the actions on current projects and the status of used hours and invoicing.
Adjustments to terms and conditions
The Consultancy reserves the right to revise, alter, amend, or modify these terms and conditions at any time and in any manner, without prior notification. The latest terms and conditions will always be available on the Consultancy’s website.
Basis of contract
A reference to writing or written includes any form of electronic communication.
Contract refers to the contract between the Client and the Consultancy for the supply of Services in accordance with these terms and conditions
Order refers to the Client’s order for Services as set out in the estimate and or quotation
Services refers to the deliverables agreed between the Consultancy and the Client
A Retainer is defined as a contract under which the Consultancy agrees to provide ongoing services for a fixed number of days per month for an agreed monthly fee
The Order shall be deemed to be accepted when the Client issues written acceptance of the estimate or quotation, and on which date the Contract shall come into existence
Any descriptive matter or advertising issued by the Consultancy, or in the Consultancy’s website or marketing materials shall not form part of the Contract or have any contractual force
The Consultancy shall use all reasonable endeavours to meet any deliverable dates specified in the estimate or quotation stage, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services agreed.
The Client shall:
ensure that the details within the estimate and or quotation are complete and accurate
agree to be responsive to the Consultancy in all matters relating to the Services
provide any information requested by the Consultancy in a timely manner
ensure all information provided is complete and accurate in all material respects
obtain and maintain all necessary licenses, permissions and consents which may be required for the Services, before the date on which the Services are to start
The Consultancy shall not be liable for any costs or losses sustained or included by the Client arising directly or indirectly from the Client’s failure to delay or perform any of its obligations as set out in these terms and conditions
Any disputes or claims (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) that may arise between The Consultancy and The Client.