Our Terms & Conditions for:
1. Social Media, Digital Marketing, Consultancy & Website Services
GENERAL CONDITIONS
1. This website is operated by Get Dynamic and Digital. Where these terms and conditions use terms such as "we", "us" and "our" they refer to Dynamic and Digital Ltd.
2. We offer this website, including all the information, tools and services available on it, on the condition that you accept these terms and conditions and the associated privacy policy available on our website.
3. By visiting our website and/or purchasing something from us, you are deemed to have accepted these terms and conditions.
4. You can view the most current version of these terms and conditions at any time by visiting this website page. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you, by posting updates on this page. It is your responsibility to check this page on each visit to your website, read these terms and conditions, and ensure you understand them before making a purchase.
5. We reserve the right to refuse service to anyone, for any reason, at any time.
6. Any content that you enter onto this website may be transferred unencrypted and involve transmissions over various networks and may involve changes in order to conform and adapt to the technical requirements of connecting networks or devices.
7. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain, or otherwise, any portion of any of the content on the website or any other part of the service that we offer on this website.
8. Headings and titles used on this website are done so for convenience only. They do not constitute any part of the terms and conditions and will not limit or otherwise affect the terms herein.
ONLINE STORE TERMS
9. Our website offers a range of products and services for sale. When we refer to an 'item' we are referring to a single product or service available for purchase on this website.
10. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered into the system.
11. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures, or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
12. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) The item you have ordered is out of stock
ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
iii) There has been a pricing or product description error
iv) There is a system or procurement failure
v) You have failed our customer validation checks
13. When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.
MODIFICATIONS TO OUR SERVICE AND PRICING
14. Prices for items are subject to change without notice.
15. We reserve the right to, at any time, modify or discontinue any part of the service that we offer, or any part of content thereof, without any notice to you.
16. We accept no liability to you or to any third party for any modification, price change, suspension or discontinuation of the service.
ORDER/SUBSCRIPTION CANCELLATION & REFUNDS
17. Services are paid for a month in advance, and will recur the following month unless cancelled. If you wish to cancel an ongoing subscription you must give 14 days' notice. You will be charged pro-rata for the days in the next subscription month required to complete your 14-day notice period.
18. Customers will be entitled to a full refund if cancellation is made in writing within 24 hours of purchase. Beyond the initial 24-hour grace period, but within the first 14 days of payment, customers will be entitled to a partial refund, calculated on a daily pro-rata rate for the number of days that have passed from the point of payment.
19. Where you have ordered a personalised, or time-critical item you may not be able to cancel for a full refund.
20. For products or services sold on a subscription basis, payment are taken monthly, starting from the date the payment is made.
LIABILITY AND INDEMNITY
21. We shall not be liable for any direct, special, indirect or consequential, or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
22. You agree to indemnify us and our agents, officers, directors and employees, immediately and on-demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
JURISDICTION
23. These terms and conditions shall be governed in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England & Wales.
ENTIRE AGREEMENT
24. These terms and conditions combined with our published Privacy Policy (also on this website) constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and us whether written or oral.
25. By making payment for any product or service we offer, you are agreeing to these terms and conditions.
26. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
27. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure nor liable for any loss that you incur, howsoever caused.
28. All services are provided with the understanding that the client's technical infrastructure and social media setup is in a standard form and fully operational. Should technical work be required to bring a client's website, social media accounts, or other technical infrastructure up to standard, it will be the responsibility of the client to carry out these works. If we are asked to resolve technical issues on behalf of a client due to problems with their own systems, these will be charged back to the client as an additional cost to be agreed upon in advance. Should a client cancel a service due to technical issues, our standard terms of cancellation and refund shall apply.
2. Billboard Advertising
GENERAL CONDITIONS
1. This contract is with Dynamic and Digital Ltd. Where these terms and conditions use terms such as "we", "us" and "our" they refer to Dynamic and Digital Ltd.
2. We offer this contract on the condition that you accept these terms and conditions, and the associated privacy policy, which is available on our website.
3. By purchasing a product or service from us, you are deemed to have accepted these terms and conditions.
4. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you. It is your responsibility to, read these terms and conditions, and ensure you understand them before making a purchase.
5. We reserve the right to refuse to provide our products or services to anyone, for any reason, at any time.
6. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain, or otherwise, any portion of any of the content on our website, or any other products or services that we offer.
ONLINE STORE TERMS
7. Headings and titles used on our website are done so for convenience only. They do not constitute any part of the terms and conditions and will not limit or otherwise affect the terms herein.
8. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered into the system.
9. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures, or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
10. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below: i) The item you have ordered is out of stock; ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent; iii) There has been a pricing or product description error; iv) There is a system or procurement failure; v) You have failed our customer validation checks.
11. When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted.
MODIFICATIONS TO OUR SERVICE AND PRICING
12. Prices for items are subject to change without notice.
13. We reserve the right to, at any time, modify or discontinue any part of the service that we offer, or any part of content thereof, without any notice to you.
14. We accept no liability to you or to any third party for any modification, price change, suspension or discontinuation of the service.
BILLBOARD TERMS
15 . Artwork being provided to us must be submitted at least 3 working days before the advert is due to go live. If we do not receive any communication from you within one month of sign up, we have the option to create and upload an advert that we feel is appropriate for your company.
16. If we are producing the artwork for you, we will need a brief as to what you'd like the advert to contain, along with your company logo, and any photos to be used. This information must be sent to us at least 5 working days in advance of the advert start date. Late provision of this information may result in a delayed start date. In these circumstances you will forfeit this time; it will not be added on to the end of your contract.
17. If the screen you have booked cannot display your advert for a period of time within your contract, for whatever reason, we have the right to relocate your advert to a nearby screen with the same, or higher rate card. You will be notified of this change in writing. If you would rather pause your campaign until your chosen screen is displaying fully again, you can do so by notifying us in writing within 5 working days of receiving our relocation notification.
18. Plays-per-hour (PPH) refers to the average (mean) number of plays-per-hour achieved throughout each month.
ORDER/SUBSCRIPTION CANCELLATION & REFUNDS
19. This contract is a commitment to honour all payments stipulated for the duration of the contract period. The contract can not be cancelled or refunded.
20. Where you have ordered a personalised, or time-critical item you may not be able to cancel for a full refund.
21. For billboard adverts sold on a payment plan the total payment, will be split into three equal portions which are payable over the first 3 months contract (unless otherwise specified in advance in writing), starting from the date of the first payment is made.
22. Failure to make payment in full and on time will result in your service being cancelled. 30 days after your payment is missed debt recovery agency will be instructed to collect all outstanding payments. This may affect you credit score rating. We shall not be held liable for the effect this may have an your ability to obtain finance in the future.
LIABILITY AND INDEMNITY
23. We shall not be liable for any direct, special, indirect or consequential, or incidental damages including loss of profit or loss of opportunity as a result of your advert.
24. You agree to indemnify us and our agents, officers, directors and employees, immediately and on-demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
ENTIRE AGREEMENT
25. These terms and conditions shall be governed in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England & Wales.
26. These terms and conditions combined with our published Privacy Policy constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and us whether written or oral. 27. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
28. Should any delay or failure to comply with our obligations under these terms and conditions arise that are beyond our reasonable control, we will not be responsible to you for such delay or failure nor liable for any loss that you incur, howsoever caused.