Terms and
Conditions

1.  CONTRACT TERMS

1.1 The scope of our work will be limited to the matters set out in the contractual letter which incorporates these standard terms and conditions. You agree to appoint us as your marketing services provider and consultant and our advice will be prepared from our work solely for your use and solely for the purpose of assisting you with the marketing requirements. No other party is entitled to rely on our advice for any purpose whatsoever and we accept no responsibility towards any person who is not a party to these terms of agreement. Our advice will be based on the information received from you. You agree to make sure that we are given all information that may have an impact on our advice, including informing us immediately of any circumstances which may alter the position.

2.  LIMITATION OF LIABILITY

2.1 The Digital Lookout will perform the assignment with reasonable skill and care and acknowledges that it may be liable to you for losses, damages, costs or expenses (“losses”) caused by its negligence or willful default, subject to the following provisions:

2.2 The Digital Lookout will not be so liable if such losses are due to the provision to it of false, misleading or incomplete information or documentation or due to the acts or omissions of any other person other than The Digital Lookout;

2.3 Save as set out above in this section, The Digital Lookout shall have no other liability of any nature, whether in contract, tort or otherwise, for any losses whatsoever and howsoever caused arising from or in any way connected with this contract;

2.4 The aggregate liability, whether to you or any third party, of whatever nature, whether in contract, tort or otherwise, of The Digital Lookout for any losses whatsoever and howsoever caused arising from or in any way connected with this agreement shall not exceed 150% of retainer fees paid prior to the termination of the agreement and you agree to release The Digital Lookout from all claims arising in connection with any such alleged liability to the extent such claims exceed the aforesaid sum.

2.5 Nothing in this section shall impose on The Digital Lookout any liability of any kind or for any amount which it would not otherwise have had as a matter of law or preclude any defence which The Digital Lookout has as a matter of law.

2.6 Nothing in these standard terms shall exclude or restrict any liability of The Digital Lookout for fraud or dishonesty or to the extent that it cannot do so by law.

2.7 You agree that you have fully considered the provisions of this section and all the other provisions of these standard terms and that they are reasonable in the light of all the factors relating to this contract. If any terms or provisions of this section are or become invalid, illegal or unenforceable, the remainder shall survive unaffected.

3.  STAFF

3.1 The client will not offer employment to any The Digital Lookout Director or member of staff or induce or solicit any such person to take up employment with the client; nor will the client use the services of any such person, either independently or via a third party, for a period of six months following the end of any involvement by that person with any engagement for the client. Breach of this condition will render the client liable to pay The Digital Lookout liquidated damages equal to one year’s salary for the person concerned.

4.  FEES AND PAYMENT

4.1 We require that our reasonable out-of-pocket expenses (plus VAT) will be payable monthly in arrears. These will include all exceptional travel (outside of Kent) undertaken during the contract, and such other costs as are incurred on behalf of you, our client.

4.2 The Digital Lookout reserves the right to charge interest on overdue amounts at an annual rate of 2% over the National Westminster Bank base rate ruling on the date payment is due.

4.3 All fees and expenses will be subject to VAT in accordance with VAT regulations.

5.  CONFIDENTIALITY

5.1 The Digital Lookout will not release confidential information concerning this contract to any person other than the client’s other advisers or those agreed with the client. The Digital Lookout will then be authorised to speak to or meet with such persons and to release to them for the purpose of this contract any confidential information which it has obtained during the course of the contract and shall not be liable for any use subsequently made of that information.

5.2 Save as set out above or as required by law, Court or arbitration proceedings, regulations, professional duty or as is requested by regulatory authorities or as is necessary to protect its own legitimate interests, The Digital Lookout shall not disclose any confidential information relating to the client which it obtains during the course of the agreement to any other person (except its own advisors).

6.  INTELLECTUAL PROPERTY

6.1 The client shall keep confidential any methodologies and technology used by The Digital Lookout to carry out the services outlined in the agreement.

7.  OFFER OF SERVICES

7.1 The offer contained in the contractual letter may only be accepted by written confirmation that the terms are accepted as received within 28 days from the date of issue, unless otherwise indicated, otherwise the offer shall lapse.

8.  GOVERNING LAW AND JURISDICTION

8.1 You agree on your own behalf that this agreement shall be governed by, and interpreted and construed in accordance with, English law.

8.2 You irrevocably agree that the Courts of England shall have exclusive jurisdiction to settle any disputes (including claims for set-off and counterclaims) which may arise in connection with the validity, effect, interpretation or performance of the legal relationship established by this agreement or otherwise arising in accordance with this agreement.

9.  COMPLAINTS PROCEDURE

9.1 We seek to ensure that our service is satisfactory at all times. If at any time you are dissatisfied with our service, please let us know by telephoning Connor Styche, Managing Director. We undertake to look into any complaint promptly and to do what we can to resolve the position.

10.  WHOLE AGREEMENT

10.1 The terms of the contractual letter set out the entire agreement between the client and The Digital Lookout in connection with the agreement.

10.2 No person has been authorised to give any representations on behalf of The Digital Lookout as regards the subject matter or terms of the contractual letter and any representations which have been or may be given shall not be relied upon unless expressly set out in the contractual

10.3 In the event that any of the terms or provisions of the contractual letter are or shall become invalid, illegal or unenforceable, the remainder shall survive

 

WHAT MAKES US DIFFERENT?

82% of our clients have come to us from another marketing agency because, and we quote, ‘generic marketing agencies don’t get construction’.

As a construction marketing agency we fully understand the construction industry and our know-how, industry insights, and expertise can help you attract leads from the people you want to work with.

We’re straight-shooting, results-gaining, construction marketing know-it-alls who can help take your online presence to the next level. Let’s have a chat.