Terms & Conditions of Service
This page covers the terms and conditions of the services offered by ESM Inbound.
Services covered by this document
This page outlines terms and conditions for the following services:
- No-Risk Retainers
- Projects priced below a total value of £10,000 before VAT
Access to resources
We agree to use our best efforts to meet and exceed your expectations. You agree to aid us in doing so by making available to us information that we request and providing access to online resources such as your website and social media accounts.
ESM Inbound requires access to a HubSpot portal in order to complete the work outlined in this document. If you do not already have access to a HubSpot portal, then we can arrange this on your behalf (which allows us to waive the onboarding fee associated with such a purchase).
We will need to have access to this portal for the duration of our engagement.
Monthly approval process
If you are on a monthly No-Risk Retainer, you will be asked to sign a proposed allocation of work for each month. This will be a monthly, recurring part of your relationship with ESM Inbound.
Approval needs to be provided either in writing or using the e-signature process we provide. We are not able to accept verbal confirmation of these plans.
If you are late approving the allocation proposal, then this is will almost certainly delay your planned deliverables.
Payment for No-Risk Retainer services is by debit or credit card on an up-front monthly basis. With specific agreement from ESM Inbound, an arrangement can be put in place for bank transfer, Direct Debit or Standing Order payments.
If payment for a No-Risk Retainer service is not received, then work will stop until the balance is cleared.
For No-Risk Retainer services, un-used hours do not roll over between months. In exceptional cases, clients can make a business case to explain why they need hours to roll over from one month to the next. This business case must be received before your next billing date and in time for discussion at a scheduled Leadership Team meeting. Requests will be reviewed by the Leadership Team and considered on a case-by-case basis - it is not guaranteed that hours will roll over and nor should a previous agreement to do so require ESM Inbound to do so again in future. The Leadership Team meets once per week on a Monday, so it is important to provide your business case with as much notice as possible.
Project-based services are billed up-front if the total value of the project is below £10,000 (before tax). If the project value in above £10,000, then a customised milestones-based payment plan can be arranged.
Project-based services below the £10,000 (before tax) threshold do not include a cancellation.
Project-based services above the £10,000 (before tax) threshold will include cancellation terms that align with an agreed set of milestones.
No-Risk Retainer services can be cancelled any time before your next invoice is issued. No further notice is required. If a cancellation request is received on or after your next invoice is issued, then payment is still due and your services will continue until your next billing date.
Third party payments
Payment for any software, advertising or third parties is to be made by your business directly to the third-party supplier.
Responsibility for releases
ESM Inbound's responsibility for releases
We shall obtain releases, permits or other authorisation to use copyrighted materials, photographs, art work or any other property or rights belonging to third parties obtained by us for use in performing services for you (where applicable).
Customer responsibility for releases
You will ensure that all text, images, or other artwork you provide are either owned by your organisation, or that you have permission to use them.
We will always quality control our work but we can't guarantee that content will be error-free (we're human!) so we can't be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages.
It remains your responsibility to approve content before we publish it.
You will own all content that we create for you during the engagement. This includes, copy, visuals, and video. We reserve the right to include examples of our work for you in our portfolio.
Where we create complete websites for you, then you will own the website but we will reserve the right to be identified as the designers and developers, including use in our portfolio.
ESM Inbound acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data provided to us.
Where necessary, we are happy to sign a non-disclosure agreement.