Terms & Conditions
The following Terms & Conditions of Business apply to all services provided by Growth and Grit to the client.
1.1 "Buyer" means the company, firm, body or person purchasing the Services / Products from Growth and Grit
1.2 "Seller" means Growth and Grit
1.3 "Contract" means a contract, subject to these conditions, for the provision of the Services between Growth and Grit and the Client.
1.4 "Service" means the subject matter of each contract between the Client and Growth and Grit, being the work and/or services or any of them to be performed by Growth and Grit for the Client.
2.1 The Seller offers products and services and the Buyer specifies and instructs the Seller as to which products and services they want.
2.2 Unless otherwise agreed in writing these terms shall override all other terms of the Buyer and any negotiations, quotes or discussions whether or not in writing shall not vary these terms or bind the Seller unless the Seller has agreed to do so in writing.
2.3 It is not necessary for the Buyer to have signed an acceptance of these terms and conditions for them to apply. If the Buyer accepts a quote then the Buyer will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted these terms and conditions.
3. The Service
3.1 The Seller shall provide the Service to the Buyer on a non-exclusive basis subject to these terms.
3.2 The Buyer shall at its own expense supply the Seller with all necessary documents, data and other in order to enable the Seller to provide the Service in accordance with these terms. The Buyer shall ensure the accuracy of all information supplied and ensure that it has retained copies of the same.
3.3 The Seller offers no guarantees as to the availability or interruption of the Service and cannot accept liability for losses caused by the unavailability, malfunction or interruption of the Service, or for any loss.
3.4 The Seller reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the service should the necessity arise.
3.5 Email - the Seller cannot guarantee delivery or transmission of any email message or attachment which is sent or received using any Service provided by the Seller. Email messages and attachments are not backed up the Seller. In the event of a failure of the Service, such messages and attachments may not be retrievable.
4.1 The Buyer shall pay the Seller’s charges quoted for the Service.
4.2 Quotations are valid for a period of 30 days. The Seller reserves the right to alter or decline to provide a quotation after expiry of 30 days.
4.3 All charges quoted to the Buyer for the provision of the Service are inclusive of any Value Added Tax.
4.4 Payments for the Service shall be paid by the Buyer (without any set-off or other deduction) on receipt of invoice.
4.5 Invoices are normally sent by email. However, the Buyer may request to receive hardcopy invoices. Invoices are due on receipt.
4.6 Payment for services should be by bank transfer. Bank details will be made available on invoices.
4.7 The Buyer agrees that the cost of any disbursements and out of pocket expenses including travelling costs will also be invoiced in addition to the sums mentioned under clause 4.1.
4.8 The Service provided by the Seller is subjective and the Buyer agrees that it cannot object to the Service on such grounds.
4.9 The Buyer agrees that it shall immediately inform the Seller in writing if it is dissatisfied with the Services whereupon the Seller shall have regard to such reasonable views of the Buyer (without obligation to be bound by the same) and/or either party may terminate the Service in accordance with Clause 6.
4.10 If the Buyer fails to make any payment on the due date then without prejudice to any other right or remedy available to the Seller. The Seller shall be entitled to:
4.10.1 cancel the Service or suspend any further services
4.10.2 charge the Buyer interest (both before and after judgement) on the amount unpaid at the rate of 2 per cent per calendar month until payment is made in full (part of a month being treated as a full month for the purpose of calculating interest)
4.10.3 charge an administration fee of £40 plus V.A.T.
5. Rights In Materials Produced By The Service
5.1 The property and any copyright and other intellectual property rights in:
5.1.1 any materials documents and such like supplied by the Buyer to the Seller shall belong to the Buyer.
5.1.2 any materials documents and such like supplied by or created by the Seller for the Buyer shall, unless otherwise agreed in writing between the Buyer and the Seller, belong to the Seller but the Buyer shall be entitled to use such materials and documents to the specific purpose or project remit provided that they have paid all sums due to the Seller.
5.2 Any information provided by the Buyer which is so designated by the Buyer shall be kept confidential by the Seller at all times.
5.3 The parties shall keep all information obtained about each other as confidential both during the currency and following the termination or expiry of the Service.
6.1 Either party may terminate the Service at any time by giving written notice without prejudice to the Seller’s rights to demand payment for the work done by it up to the date of termination. Email requests for termination of services will not be honoured until and unless receipt of the email is acknowledged by the Seller.
7. Warranties and Liability
7.1 The Seller shall have no liability to the Buyer for any loss, damage, costs, expenses or other claims for compensation arising from any service or material.
7.2 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under there terms for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claim (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the provision of the Service (including any delay in providing or failure to provide the Service) or its use or implication by the Buyer and the entire liability of the Seller under or in connection with the Service shall not exceed the amount of the Seller’s charges for the provision of the Service.
8.1 These terms constitute the entire agreement between the parties and supersede all previous representations, understandings or agreements. Payment online is also an acceptance of our Terms and Conditions.
8.2 No failure or delay by either party in exercising any of its rights under these terms shall be deemed to be a waiver of that right.
8.3 Disputes - any disputes concerning these terms or any of them shall be resolved by mutual agreement within 21 days and in default of which shall be referred to a mediator appointed. The cost of such mediation to be borne equally by the Parties