TERMS AND CONDITIONS
Updated: June 2022
The following Terms and Conditions are the general terms that apply to all Services provided by Customer Devoted LTD trading as Metranomic (“The Company”) and purchased via metranomic.com.
The terms do not apply for Consumer use, as outlined in the Consumer Rights Act, 2015. Do not hesitate to contact us for additional detail if you are a consumer.
1. Definitions and Interpretation
These Terms and Conditions include expressions which are have the following meanings:
- “Business Day” means a weekday (Monday-Friday) excluding UK bank holidays;
- “Business Hours” means the working hours on a Business Day (8am-6pm);
- “Client” means the customer receiving the Services, as outlined in our contract;
- “The Company” means Customer Devoted LTD (trading as Metranomic), a limited company registered in England and Wales with registered number 10458141 whose registered office is 20-22 Wenlock Road, London, N1 7GU.
- “Contract” means the legally binding agreement between two parties shown in clause 2 which covers our provision of services which accounts for the complete scope of work to be provided, and will be dependent upon these Terms and Conditions;
- “Content” defines any medium that can present information, be stored digitally and be displayed on screen or in print;
- “Courses” defines the programmes found via our Website;
- “Register” defines enrolling for a service via our website and agreeing to the terms and conditions;
- “Services” defines the format in which content is delivered, i.e, Ebooks, Webinars, 1-1 Feedback Sessions, Managed Services, Consulting Services, Brainstorm Sessions and Collaboration Sessions.
- “Term”defines the individual obligations of the contract as set out in these Terms And Conditions.
- “User” or “Users” defines any individual or collective that engages with the Website which is (i) not employed by us (ii) abiding by the provision of our services by engaging with the website and our services; and
- If the circumstances change, each refer to the following Terms and Conditions:
- “we”, “us” and “our” is in relation to our staff, subcontractors and agents, under the umbrella term of the Company;
- “you” and “your” is in relation to your staff, subcontractors and agents, under the umbrella term of the Client;
2. The Contract
- Special terms and conditions shall be of no effect unless they are expressly agreed in writing by one of our directors or other duly authorised representative of The Company. These terms and conditions may only be varied by the written agreement of both parties.
- The Terms and Conditions oversee the transactions of all services by us and constitute the contract between you and us. The website will provide you with the tools necessary to complete a transaction with us.
- Making an order equates to an offer from you to us and will be reviewed by us for acceptance. Confirmation will be presented through email. You will only be bound to the contract once the order is confirmed. No order will be agreed upon until payment is made.
- By making a purchase, this creates an agreement between us and you which equates to your accepting these Terms and Conditions.
- The Client appoints The Company to carry out the Services together with such other services as may be agreed.
- This agreement shall continue until terminated by 30 days’ notice in writing via email or post by either party to the other.
- Our services will be accessible on the start date provided in the confirmation email and will continue to be accessible for the time period stated unless otherwise stated in relation to clause 7.
- You are responsible for completing agreed tasks when engaging with our services and to inform us of any required information in relation to our services that we may require.
- In order to give you the best experience with us, we will provide multiple consulting sessions that will be structured to aid your sales and marketing ability; completing assignments with you or on your behalf, where specified or agreed.
- Information and guidance will be given in relation to our Services to support and assist you.
4. Consultancy Sessions
- Consultancy hours will be agreed upon through email, phone or our website. Both parties must agree upon the time, however we may provide you with a calendar for allocated slots.
- No bookings can be allocated outside Business Hours unless otherwise stated and agreed.
- A notice of 24 hours is to be given in order for a session to be rescheduled. It is in our best interest to provide you your favoured date(s) and times(s) although no guarantee is given.
- Multiple and ongoing instances of unattended or cancelled sessions may be counted as part of your given consultancy time, at The Company’s discretion.
- Once you are able to confirm that you will be late to a session, you will provide notice as soon as possible for us to become aware of your situation.
- The Client is responsible for rescheduling any cancelled or unattended sessions within one working week. No refund or reduction in fees will be given for repeated cancellations or unattended sessions, however clause 4 may be relinquished.
- In-person visits may be considered as an extra and may be charged, however written, phone, video or other remote advice will not be charged. We reserve the right to charge for travel, depending on factors such as time and mileage.
- Response times will vary depending on the severity of the query, although we will strive to respond quickly regardless. No time can be guaranteed unless stated in writing.
5. Client’s Obligations
- Where it is applicable, you will agree to:
- Not share our Services to any third-party;
- Proceed within the guidelines issued by us relating to our Services;
- Attend all sessions on the arranged time, ensuring you are in a location with minimal distraction and relevant technology.
- Provide any alteration of contact details.
- Complete all assignments given in relation to their priority and deadline.
6. Fees and Payment
- All fees shown in the sign-up process must be paid in full and in agreement with the terms shown. All prices include VAT unless stated otherwise.
- If payments are to be made in instalments, they will be taken on the set date agreed.
- Pound-sterling will be the agreed-upon currency, without any deduction, set-off or withholding.
- We will not collect credit or debit card information as transactions will be made through a payment gateway via our website.
- The payment date is essential to the Contract. If payment is not made on the scheduled due date in its entirety, you may be excluded from any Services we have provided.
7. Cancellation and Termination
- Any amendments to or cancellation of the Services requested by the Client shall be implemented by The Company on the understanding that the Client shall be responsible for any costs or expenses incurred or committed prior to, or as a result of, the cancellation or amendment. The Client shall also pay The Company’s fees covering the cancelled or amended Services, as well as any charges imposed on The Company by third parties arising from the cancellation or amendment.
- We shall notify you as quickly as possible if we have to amend any arrangements in relation to the course or session due to external factors outside of our control. We will seek to keep any disruption to a minimum and hope to offer you as close to the same plans as possible in the given circumstances. If any change is considered significant, alternative solutions will be provided as an option or if preferred, an option to terminate and all sums will be refunded.
- All commitments of the Parties involved will survive the termination, cancellation or expiration of the Contract under this clause 7.
- If you wish to terminate the contract, you need to prove 30 days written notice via email or post before renewal, which will be automatic.
8. Liability, Warranties and Indemnity
- The Client warrants that all information supplied to The Company by authorised personnel of the Client in connection with the Services before and during the term of this agreement shall be accurate and not defamatory, libellous or in any way contrary to any applicable law.
- The Company shall have no liability under this Contract for any indirect, incidental, consequential or special damages of any form.
- We warrant that our personnel working on the Services are and shall be competent and suitable in every respect, whether as to qualifications, experience or otherwise, to perform the Services.
- Except as expressly provided, we make no guarantees or warranties of any kind, expressed or implied, with respect to Courses or any contracted Services provision.
- Force Majeure: If a delay or failure to meet a contractual obligation is met, neither party will be held accountable if the actions found are outside of control for the Party. Reasons may include: Natural disasters, power failure, industrial action, political actions or any event beyond control of the Party being affected.
9. Intellectual Property
- The Client has permission to use The Company’s concepts, inventions, processes, methodologies and materials on a limited and non-transferrable basis.
- The Company retains full intellectual property ownership over its concepts, inventions, processes, methodologies and materials on a perpetual and ongoing basis.
- Any Content included in our website or services is by our right reserved by intellectual property, subject to a written agreement to the contrary.
- For personal and non-commercial use only, you may:
- View our Content on a computer screen.
- Transfer our Content to a physical medium, through print.
- Without written authorisation, you are not permitted to copy, distribute, modify or reproduce any Content for commercial use.
- While both Parties are bound by the Contract, each Party may impart private information to the other if necessary. All information exchanged between the Parties will not be used for anything other than to execute the given tasks under Contract. No information will be outsourced to third parties unless required to by law or given permission by the Party in question through writing. For the avoidance of doubt, the restrictions in this Clause shall not prevent:
- The disclosure or use of Information in the proper performance of The Company’s duties;
- The disclosure of Information if required by law; or
- The disclosure of Information which has come into the public domain otherwise than through unauthorised disclosure.
- The Company shall not reference the Client nor the work performed for the Client without the prior written consent of the Client, except that The Company may use the Client’s name among its references and in its customer lists and résumés.
11. Data Protection
- In performing its obligations under Contract, each party shall comply with the requirements of all legislation in force from time to time including, without limitation, the GDPR 2018.
- Applying the rules of the GDPR at all times is essential. If any personal data is accessed for use by a third party, permission must be given in writing by the Client for the third party to view the data. Only use for tasks under the guidance of the Contract is allowed in relation to the data shared.
12. Relationship of the Parties
- There is no clause in this contract that will identify us as an employee or agent for you and vice versa.
- No partnership or venture between the Parties will be made as shown in the Contract, only the contractual relationship that the Contract states.
13. Other Important Terms
- Any transfer of obligations from you to a third party requires our written permission.
- The Contract is for our and your use only. No third party may benefit from these terms and no third party can enforce any clause of the Contract.
- Revisions may be made to these Terms and Conditions and you will be notified if any such change occurs in advance and give details on how to cancel if you are not satisfied with them.
14. Law and Jurisdiction
- The given Terms and Conditions and Contract shall be governed by English law and the parties agree that any dispute arising from them shall be resolved exclusively in the English courts.
15. Limitation of Liability
- The Company shall have no liability under The given Terms and Conditions or Contract for any indirect, incidental, consequential or special damages of any form.
- In the event any provision or part of The given Terms and Conditions or Contract being found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Contract, will be inoperative.
Updated: June 2022
3. Copyright notice
Unless we expressly state otherwise, the copyright and any other intellectual property rights, including but not limited to design rights, trade marks and patents appearing anywhere on this website remain our property, whether owned by or licensed to us.
You may not use any of the material on this website without our prior written permission for your own commercial purposes
Accessing or using this website or its content in any way is done entirely at your own risk. You will be responsible for any loss or damage to any computer, device, software, systems or data resulting directly or indirectly from the use or inability to use this website or its content.
5. Links to third party websites
This website may provide links out to websites or other online resources under the control of third parties. Any such links are provided solely for your convenience. We have no control over the contents of these third-party resources. We are not responsible for the contents of any linked websites and do not endorse them in any way.