Terms and Conditions

Contract for Marketing Consulting with Mark Oborn

 

 

DEFINITIONS

 

 

" We," " Us" or " Our" means Mark Oborn Ltd  of 34,

Bateman Road

, Croxley Green, Herts, WD3 3BL

 

" You" or " Your" means the company or other legal entity for which you are accepting this Agreement, and Affiliates of that company or entity.

 

" Purchased Services" means marketing coaching services that you purchase from Mark Oborn Ltd

 

 

1. Contract Duration

 

1.1 This contract is for a period of 12 (twelve) months (The Contract Term) , commencing on the date of signature

 

1.2 The Purchased Services include, but are not limited to:

 

1 full day visit to the surgery including full review of current marketing practices

Planning and execution of 1 online campaign for specific services

Networking of Web2.0 media for your practice marketing

Review of and recommendations for surgery marketing

Strategic planning of online surgery marketing

unlimited support

 

 

The following are FREE services provided and do not form part of the purchased services

12 monthly coaching sessions for 1 hour

Free upgrades

Access to client  ‘inner circle’ e-marketing resource website

 

2. RESPONSIBILITIES

 

2.1 Our Responsibilities. We shall: (i) provide to You upgrades and support for the Purchased Services at no additional charge,(ii) use reasonable efforts to make the support element of the Purchased Services available 12 hours a day (8am-8pm), 5 days a week (Monday-Friday), except for: (a) planned holidays (of which We shall give at least 1 week notice via email or (b) any unavailability caused by circumstances beyond Our reasonable control.

 

2.2. Your Responsibilities. You shall (i) be responsible for Your compliance with this Agreement, (ii) be solely responsible for the accuracy, quality, integrity and legality of Your Data and of the means by which You acquired Your Data, You shall not (a) make the Purchased Services available to any third party.

 

 

3. THIRD-PARTY PROVIDERS

 

3.1. Acquisition of Third-Party Products and Services. Any acquisition by You of third-party products or services, including but not limited to Third-Party Applications and implementation, customization and other consulting services, and any exchange of data between You and any third-party provider, is solely between You and the applicable third-party provider. We do not warrant or support third-party products or services. Purchase of third-party products or services may be required to make full use of  the Purchased Services.

 

3.2. Third-Party Applications and Your Data. If You install or enable Third-Party Applications for use with Purchased Services, You acknowledge that We may allow providers of those Third-Party Applications to access Your Data as required for the interoperation of such Third-Party Applications with the Purchased Services. We shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by Third-Party Application providers.

 

 

4. FEES AND PAYMENT FOR PURCHASED SERVICES

 

4.1. You shall pay all fees specified in this contract hereunder. (i) Fees are quoted and payable in £sterling (ii) fees paid are non-refundable.

 

 

4.2. Invoicing and Payment. The full cost of the Purchased Service is £5,520

 

4.2.1  An invoice for £460 will be issued on the last working day of every calendar month and sent by first class post. (The Due Date)

 

The current fee for the Purchased Services is £460 (three hundred pounds) per calendar month for a 1(one) year contract.. This payment should be set to credit Our account no later than the 15^th of the following month (The Due Date). Alternatively a discount of 10% is available for payment in full in advance. In this instance the amount to be paid will be £4968

 

 

4.3. Charges 30 or More Days Overdue. If any charge owing by You under this agreement for Purchased Services is 30 or more days overdue (except charges then under reasonable and good faith dispute), We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under such agreements so that all such obligations for the entire Contract Term become immediately due and payable, and suspend Services until such amounts are paid in full.

 

4.4. Taxes. Unless otherwise stated, Our fees do not include any taxes.

 

 

5. PROPRIETARY RIGHTS

 

5.1. Reservation of Rights. We reserve all rights, title and interest in and to the Purchased Services, including all related intellectual property rights. No rights are granted to You hereunder.

 

5.2. Restrictions. You shall not (i) permit any third party to access the Purchased Services (ii) create derivate works based on the Purchased Services, (iii) copy, frame or mirror any part or content of the Purchased Services, other than copying or framing for Your own internal business purposes.

 

5.3. Ownership of Your Data. As between Us and You, You exclusively own all rights, title and interest in and to all of Your Data.

 

 

6. CONFIDENTIALITY

 

6.1. Definition of Confidential Information. As used herein, " Confidential Information" means all confidential information disclosed by a party (" Disclosing Party") to the other party (" Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include Your Data; Our Confidential Information shall include the Purchased Services; and Confidential Information of each party shall include the terms and conditions of this Agreement and all Order Forms, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information (other than Your Data) shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.

 

6.2. Protection of Confidential Information. Except as otherwise permitted in writing by the Disclosing Party, (i) the Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) the Receiving Party shall limit access to Confidential Information of the Disclosing Party to those of its employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.

 

6.3. Protection of Your Data. Without limiting the above, We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. We shall not (a) modify Your Data, (b) disclose Your Data except as compelled by law

 

 

7. WARRANTIES AND DISCLAIMERS

 

7.1. Mutual Warranties. Each party represents and warrants that it has the legal power to enter into this Agreement

 

7.2. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.

 

 

8. TERM & TERMINATION

 

8.1. Term of Agreement. This Agreement commences on the date You sign and continues until all payments in accordance with this Agreement have expired or been terminated.

 

 

8.3. A party may terminate this Agreement: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

 

8.3. Refund or Payment upon Termination. Fees already paid can not be refunded.

 

8.4. Manner of Giving Notice. Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing,

 

PLEASE SIGN AND RETURN ONE COPY AND KEEP ONE COPY FOR YOUR RECORDS

 

I the undersigned acknowledge receipt of and agreement to the contract with Mark Oborn Ltd and I am authorised to sign

 

 

Print Name     ______________________          Signed ______________________          Date     ___________

 

Please tick one option:

I would like to pay in advance for 10% discount, please invoice me £4,968 now                □

I would like to pay monthly instalments of £460, total amount due £5,520                             □

 

 

Work address:

 

 

 

 

 

Work Phone:

 

Preferred email for social networking:

 

 

Preferred email for contact with Mark: