Terms & Conditions
Aimed Business’s full terms and conditions can be found here. In relation to any dispute they will apply. What follows here is an overview of our standard Ts & Cs.
1.0 Invoice and Payment of Fees
1.1 This agreement represents the order for specific services with an agreed term. The Client shall pay for all solutions, services and any other costs specified. Prices quoted are exclusive of VAT and are in sterling unless otherwise agreed. Any additions, changes, upgrades or enhancements are subject to further charges.
1.2 The Client shall be invoiced on an agreed basis and agrees pay Aimed Business (AB) no later than the payment date stated. AB reserves the right to charge interest on overdue accounts.
1.3 AB reserves the right to change the fees providing 30 days’ notice to the Client and such increases must be acceptable to both parties failing which either the Client or the AB may terminate this Agreement.
2.0 Business Coaching, Consulting, Project Management, Marketing Internet Solution Development & Maintenance and Social Media Services
2.1 The Client agrees that AB may provide the above services to other businesses including those in a similar line of business as the Client. AB shall ensure that in providing such services to other businesses, it shall not infringe any of the registered trademarks or IP of the Client.
2.2 Except in respect of death or personal injury resulting from its negligence or fraud (in respect of which no limit shall apply) whether arising from negligence, breach of this Agreement or otherwise:
2.2.1 In no event shall, AB or its agents, be liable to the Client for any indirect, consequential or special damages;
2.2.2 In no event shall, AB or its agents, be liable for any: (a) loss of goodwill; (b) injury to reputation; (c) loss of actual or anticipated profits; (d) loss of business opportunity; (e) loss or damage incurred as a result of third party claims;
2.2.3 In no event shall, AB or its agents, be liable to the Client for any error, omission, defect or deficiency in any service or solution, which may result from, but not exclusive to, the Client’s failure to provide complete, accurate and current information to AB; and
2.2.4 the total aggregate liability of AB, during any 12 month period, shall not exceed the value of the fees paid by the Client to AB in such 12 month period for Internet Solutions; and 6 months in such 6 month period for other services.
2.3 Neither party shall be liable to the other if the delay or failure was beyond that party’s reasonable control.
2.4 The Client agrees to be solely responsible for all information provided for internet and marketing solutions.
3.0 Hosting and Application Service Provider (ASP) Services
3.1 Under no circumstances shall AB or its agents be liable to the Client for any network interruptions beyond AB’s control, including any downtime regarding computer servers or interruption of Internet Service Providers.
3.2 AB reserves the right to terminate Hosting and/or ASP Services without advance notice if the Client’s web solution is detrimental to the Hosting environment.
3.3 The Client warrants that it has obtained all licences, consents & approvals necessary, including those necessary for the use of personal data under the Data Protection Act 1998 and GDPR, for the inclusion and use of all data & other materials.
4.0 Copyright Warranty Agreement
4.1 The Client warrants that: (a) the use of the material supplied by the Client shall not infringe any copyright, trade mark, trade secret or other third party proprietary right; and: (b) there is no impediment to the Client’s performance of its obligations.
5.0 Interpretation of Agreement
5.1 AB may terminate this Agreement immediately if:
5.1.1 the Client fails to pay any sum due under this Agreement on the due date;
5.1.2 the Customer is in breach and has failed to remedy such breach within 28 days of receipt of written notice;
5.1.3 the Client is wound up or becomes insolvent
The Client shall have no right to a refund of any kind and will be responsible for all costs and legal fees incurred by AB in connection with Client’s breach of this Agreement.
5.2. The Client agrees to indemnify and keep indemnified AB and its agents from and against any and all losses, claims and damages, expenses, injury or liability that arise from or in connection with the Client’s website, content or activities, including but not limited to, any legal fees incurred by AB. The Client, at its own cost and expense, shall defend any and all actions, which may be brought by AB.
5.3 This Agreement shall be interpreted and construed under the laws of England and Wales. It shall be subject to the exclusive jurisdiction of the English courts.
5.4 Each of the parties to this Agreement undertakes to the other to keep confidential all information (written or oral) concerning the business and affairs of the other which it has obtained or received as a result of discussions during the course of this Agreement except any information which is:
5.4.1 required to be disclosed by a court of law;
5.4.2 already in its possession other than as a result of a breach of this clause; or
5.4.3 in the public domain other than as a result of a breach of this clause.
6.0 Storage of Personal and Other Data including Document Retention
6.1 By entering to this agreement, the client expressly acknowledges that:
6.1.1 AB will store its personal and other data (in paper and/or electronic form which may be accessible through automated means). The client hereby authorise AB to perform that storage and to disclose its data for legitimate reasons to any authority having the right to demand it or where AB considers it to be in the Client’s interests to make such disclosure.
6.1.2 AB typically opens a client file in both hard and electronic formats. The hard and electronic copies that AB makes can be kept for six years. The client agrees that AB is entitled to retain documents as AB wishes, including those containing your personal information, for this period, in order to protect its own interests.