Terms and Conditions

Application and Entire Agreement

These Terms and Conditions apply to the provision of the services provided (“Services”) by Dental Marketing Expert, a company registered in England and Wales under number 07739295, whose registered office is at 2 Whittle Ct, Knowlhill, Milton Keynes MK5 8FT (“we”, “us”, or “Service Provider”) to the person buying the services (“you” or “Customer”).

You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (“the Contract”) are the entire agreement between us.

You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Interpretation

A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation. Words imparting the singular number shall include the plural and vice-versa.

Services

We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects.

We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.

We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.

All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.

Your Obligations

You must obtain any permissions, consents, licences or otherwise that we need and must give us access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.

If you do not comply with these obligations, we can terminate the Services. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section.

Fees and Deposit

The fees (“Fees”) for the Services are set out in the quotation and are on a time and materials basis.

In addition to the Fees, we can recover from you: (a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses; (b) the cost of services provided by third parties and required by us for the performance of the Services; and (c) the cost of any materials required for the provision of the Services.

You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us.

The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

For Website Design Services you must pay a deposit (“Deposit”) as detailed in the quotation at the time of accepting the quotation. If you do not pay the Deposit, we can either withhold provision of the Services until the Deposit is received or can terminate the agreement. The Deposit is non-refundable unless we fail to provide the Services and are at fault for such failure.

Cancellation and Amendment

We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 30 days from the date of the quotation (unless the quotation has been withdrawn).

Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.

If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.

You can cancel any marketing services with us. We require you to complete our cancellation form and all services are subject to 30 days' notice. Pausing of marketing services is not permitted. If you wish to stop services, you will need to provide a 30-day cancellation notice.

Payment

We will invoice you for payment of the Fees either when we have completed the Services, or by the 7th of every month.

You must pay the Fees due within 7 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us. Time for payment shall be of the essence of the Contract.

If you do not pay within the period set out above, we will charge you interest at the rate of 8% per annum above the base lending rate of the Bank of England on the amount outstanding until payment is received in full.

If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.

All payments must be made in British Pounds unless otherwise agreed in writing between us.

Sub-Contracting and Assignment

We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.

You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.

Termination

We can terminate the provision of the Services immediately if you: commit a material breach of your obligations under these Terms and Conditions; fail to make any payment due under the Contract on the due date; or are or become the subject of insolvency proceedings.

You can terminate Marketing Services with us subject to 30 days' notice via form submission. If you wish to cancel a website that we have already started to build, you will owe us for the works that have already been completed up to the point of cancellation.

Intellectual Property

We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

We cannot confirm copyright on any content that is supplied to us nor can we guarantee that any royalty-free content we provide will remain royalty-free indefinitely. This is the responsibility of the Customer.

Limitation of Liability

Our total liability is limited to the total amount of Fees payable by you under the Contract. We are not liable for any indirect, special or consequential loss, damage, costs, or expenses; any loss of profits, anticipated profits, business, data, reputation or goodwill; business interruption; or other third-party claims.

Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

Data Protection

When supplying the Services, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer. Where such processing takes place, the Customer shall be the “data controller” and the Service Provider shall be the “data processor” as defined in the UK General Data Protection Regulation (UK GDPR).

The Service Provider shall only process personal data to the extent reasonably required to supply the Services, shall not retain any personal data longer than necessary, and shall not process any personal data for its own or any third party's purposes.

For any enquiries or complaints regarding data privacy, you can email: hello@dentalme.co.uk.

Circumstances Beyond a Party's Control

Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. If the delay continues for a period of 90 days, either of us may terminate the Services.

Ownership of Domains and Website

Any domains, websites or hosting packages transferred to DME will be owned and maintained by DME until the point at which they are transferred away (subject to any outstanding balances on account).

Law and Jurisdiction

This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement shall be subject to the exclusive jurisdiction of the English and Welsh courts.