Last updated: 19.7.2021
When you hire Mabolo Marketing and its agents, you (‘you’ or ‘the client’) are entering into a contract with H Bailey Group Ltd (‘we’, ‘us’ or ‘the supplier’)
By commissioning Mabolo Marketing to provide you with marketing services you automatically agree to the terms and conditions below:
When signing up for a marketing plan you commit to an initial three months’ continuous service.
Thereafter, the agreement reverts to a monthly service for which you will be invoiced monthly at the start of the month and fees are due on receipt.
When you sign up for one of our marketing packages, you will be sent a service agreement which details deliverables. Work will commence upon receipt of the signed and dated service agreement and the payment of any issues invoices.
After this initial three-month period, you are free to cancel at any time and the agreement will automatically lapse to a month-by-month agreement that adhere to the original terms unless specified.
We offer an escrow service. Please enquire at hello – at – mabolomarketing – dot – com to find out more. Fees apply.
Accessing your website
We often require access to a client’s website administration area to upload content, make minor changes, add landing pages and audit the site for SEO purposes.
To mitigate risk of undermining your site or inadvertently causing problems, we will always conduct a backup before working on your site.
However, websites have numerous working parts and are complicated platforms. Sometimes things can go wrong deep within the system and it’s not always possible to determine the root problem. We are therefore not able to take responsibility for the smooth running of your website or any errors or breakages that might occur once we have worked don your site.
By signing this agreement, you agree to absolve H Bailey Group Ltd and any of its representatives of any website breakdowns –whether you deem that they have directly been caused by us or not. Furthermore, you agree that we are not liable for any financial loss associated with website breakdowns or down time.
In return, we agree to follow best practice at all times and carry out work for you in good faith to reduce risk of problems.
Ownership of media
Ownership of all assets, copy, creative and media created by us on behalf of you is only passed to you upon full payment of all outstanding monies owed.
This includes (but is not limited to): social media accounts, profiles, pages, posts, tweets, blogs, blog posts, websites & graphic design elements.
Imagery provided via photo image libraries such as Shutterstock remains the property of the copyright holder and is licensed to the Customer under the licensing terms and conditions specified by the respective photo image library. Customers may not reuse or resell said photos and/or images for other purposes.
If you send us draft copy, you affirm that you are the copyright holder or have the authority of the copyright holder to use this material as part of the new copy. You agree to indemnify us against any claim arising from suggestion that the new copy in any way breaches the copyright.
Availability of Service
Our business hours follow a standard Monday – Friday 9am-5pm and social media distribution and other marketing activities will take place during these hours.
We are closed on public and national holidays. Customers who send us their own updates – and of which they want us to publish to their social media accounts – will be processed by the end of the business day following receipt.
Activities outside of these standard hours may be accommodated. Contact hello – at – mabolomarketing – dot – com for details.
Third party services
Third parties may be instructed to bill you directly and you will therefore be obliged to adhere to their terms and conditions of payment and not ours.
Confidentiality and security
You can be assured that we will keep anything that you tell us about your business that is commercially sensitive confidential.
H Bailey Group Ltd often involve other freelancers/agencies in a project or to deliver the agreed service, for example, a graphic designer, photographer, a copywriter or web designer. If we have signed a non-disclosure agreement, any third parties will also be requested to sign the same non-disclosure agreement before any work commences.
All third parties hired by us are required to sign a service agreement with H Bailey Group Ltd that binds them to our Terms and Conditions.
Legalities, Copyright and UK Law
You, as the client, are fully responsible for the proof-reading and publishing of the content we produce for you (print/online), plus any marketing or SEO activities undertaken on your behalf.
You, as the client, are responsible for the authenticity of materials, research, quotations and references supplied and that the material you supply us with is accurate and legal.
Also, you must ensure that the facts or details in the creatives and copy are accurate and correct. Once you have approved the final draft, we take no responsibility for the copy or any legal repercussions that arise as a result of your use of it.
We are not liable to you for any loss of profits or indirect loss arising in any way in connection with the performance of the obligations related to any project you contract us to work on. We represent you in good faith and cannot be held responsible for negative repercussions.
H Bailey Group Ltd – nor any person or entity who has been involved in the creation, publication, production, operation, support or delivery of the service shall be liable for any direct, indirect, consequential or incidental damages – including but not limited to damages for loss of business revenue or profits, business interruption for any reason, loss of business information or data, injury to brand or reputation, persona injury (whether physical, mental or both) goodwill, use, data or other intangible losses or violation of any applicable privacy laws arising out of:
- The use, misuse or inability to use the service
- The cost of procurement of substitute services
- Unauthorised access to or alteration of customers’ transmissions or data
- Statements or conduct of any third party
- Termination of any of customer’s social media accounts
- Security or hacking of a client’s website, social media accounts or other platforms
- Any other matter relating to the service or use, even if the customer has been advised of the possibility of such damages.
In no event shall H Bailey Group Ltd’s entire liability exceed the total amount paid by you the customer to H Bailey Group Ltd under these terms and conditions during a single billing cycle.
This means, in short, that we will never owe you any more than you have paid us in a single month.
This includes negligence, warranty, product liability or any other cause of action.
We make every attempt to make sure that our work complies with UK Law; however it is your responsibility to submit all copy, content and graphical creatives for legal review.
Should any disputes arise from these Terms and Conditions or in any other way from any contract formed between us you acknowledge that UK Law will prevail and agree to comply with settlement ordered under UK Law.