VAT Registration No: 348818068.
Company Registration No: 10559608.
Registered Office: C/O Vibrant Accountancy The Mill, Lodge Lane, Derby, United Kingdom, DE1 3HB
1. Acceptance
1.1 These Terms and Conditions (“Terms”) apply to all work carried out by MacMartin Limited (“we”, “us”) for any client (“you”, “your”).
1.2 Accepting a quotation, instructing us to proceed, providing materials, or making payment constitutes acceptance of these Terms in full.
2. Charges and Expenses
2.1 Charges for services are specified in your project quotation.
2.2 Quotations are valid for thirty (30) days from the date of issue.
2.3 All rates and fees exclude VAT, charged at the prevailing rate.
2.4 Expenses including mileage (£0.45 per mile), standard class train travel, and accommodation (pre-agreed) will be charged at cost.
2.5 Any additional expenses required for project delivery (such as stock photography, specialist fonts, or premium plugins) will be agreed with you in advance.
2.6 Work falling outside the agreed scope will be chargeable and quoted separately.
3. Payment Terms
3.1 Invoices will be sent via email unless otherwise requested.
3.2 Payment of invoices is due within fourteen (14) days of the invoice date unless agreed otherwise in writing.
3.3 Late payment fees will accrue daily from the due date until payment is received in full:
Invoices up to £1,000 (ex VAT): £5 per day.
£1,001–£2,500: £7.50 per day.
£2,501–£5,000: £15 per day.
£5,001–£10,000: £30 per day.
Over £10,000: 2.5% of the invoice value per day.
3.4 If payment is overdue by more than fourteen (14) days, we may suspend or terminate services and withhold access to deliverables or accounts until payment is received or a payment plan is agreed.
3.5 We reserve the right to retain all work, materials, and access credentials until invoices are paid in full.
3.6 Any queries on invoices must be raised within seven (7) days of issue; otherwise, invoices will be deemed accepted.
4. Client Obligations
4.1 You must supply all required content, approvals, and access credentials promptly to enable us to deliver services.
4.2 You agree to review and approve materials within any agreed timelines or, if none are specified, within a reasonable timeframe not exceeding fourteen (14) days.
4.3 You must provide all required content within six (6) months of project commencement. If you fail to do so, we may consider the work complete, issue the final invoice for payment, and quote separately for any further work required.
5. Intellectual Property
5.1 You retain copyright ownership in all materials you supply to us.
5.2 You grant us a licence to use such materials for the purposes of delivering services.
5.3 We retain ownership of any proprietary tools, templates, systems, or code we develop but grant you a non-exclusive, perpetual licence to use deliverables for your internal business use.
5.4 New advertising campaigns or accounts we create remain our property until the end of the contract and payment in full.
5.5 We may display examples of our work in our portfolio or marketing materials unless you request otherwise in writing.
6. Liability
6.1 Our liability is limited to the total fees paid by you for the relevant services.
6.2 We are not liable for indirect, special, or consequential loss, loss of profit, or business interruption.
7. Indemnity
7.1 You indemnify us against any claims, losses, or expenses arising from your use of our services or any breach of these Terms.
8. Force Majeure
8.1 We are not liable for delays or failures caused by events beyond our reasonable control, including but not limited to natural disasters, pandemics, or supplier failures.
9. Data Protection and GDPR
9.1 Both parties must comply with data protection law.
9.2 You are responsible for ensuring all data you supply has been lawfully obtained and is properly consented.
9.3 If we process personal data on your behalf, a Data Processing Agreement will apply.
10. Insurance
10.1 We maintain professional indemnity insurance appropriate to our services.
11. Acceptable Use
11.1 You must not use our services for unlawful, harmful, or infringing purposes.
12. Governing Law
12.1 These Terms are governed by English law and subject to the exclusive jurisdiction of English courts.
13. Website Design & Development
13.1 Two (2) rounds of revisions are included in the project scope.
13.2 Additional revisions will be quoted separately.
13.3 You must provide all content within six (6) months of project start; otherwise, the project will be deemed complete.
13.4 Websites are designed for compatibility with major browsers current at delivery.
13.5 We are not responsible for compatibility issues on third-party servers.
13.6 Maintenance plans (if contracted) include plugin and theme updates; however, we are not responsible for compatibility issues arising from third-party updates or changes.
13.7 We reserve the right to remove websites from our servers if they remain outdated or insecure for over three (3) months.
13.8 We are not responsible for any alterations made by you or third parties post-launch.
14. Marketing Services
14.1 We do not guarantee specific outcomes such as traffic increases or conversions, as these depend on factors beyond our control.
14.2 Existing PPC accounts remain your property.
14.3 New PPC campaigns or accounts we create remain ours until payment in full.
14.4 We are not responsible for timing or placement of content on third-party platforms.
15. Behaviour Change Campaigns
15.1 You warrant all claims and content are accurate, substantiated, and compliant.
15.2 You confirm appropriate safeguards are in place for any vulnerable audiences.
15.3 You are responsible for obtaining all necessary consents and ethical approvals.
15.4 You indemnify us against any claims arising from non-compliance or unsubstantiated claims.
16. Change Control
16.1 Material scope changes will be agreed in writing and quoted separately.
17. Termination
17.1 Website Projects: You may terminate at any time, and we will invoice for work completed to date.
17.2 Retainer Contracts: You may terminate with thirty (30) days’ notice and payment of fifty percent (50%) of the remaining contract value.
17.3 All Other Contracts: Termination terms are as set out in the individual contract; if no termination terms are specified, the full remaining contract value is due immediately.
17.4 We may suspend or terminate services if you breach these Terms or fail to pay invoices on time.
18. Service Levels
18.1 We will provide services with reasonable skill and care.
18.2 We do not guarantee uninterrupted availability of systems or platforms.
19. Standard Media Delivery
19.1 You must provide all text and images in high-resolution, electronic formats.
20. Entire Agreement
20.1 These Terms and any signed proposal constitute the full agreement between us and supersede any prior discussions.