The Online Marketing Department (TOnMD)
TERMS AND CONDITIONS

Terms and Conditions of Use of tonmd.co.uk
Please read these terms and conditions carefully before using the tonmd.co.uk website. By using the website and/or using the services of The Online Marketing Department, you agree to be bound by these terms and conditions.

The Online Marketing Department reserves the right to refuse access to the website, terminate your account, change, remove or edit content and templates, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

Confidentiality
You are responsible for maintaining the confidentiality of your account and password on the website. Any activities that occur under your account and/or password are your responsibility. Therefore, it is important that you take all necessary steps to ensure that the password is kept confidential and secure. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

You should ensure that the details provided to us are correct and complete. We should be informed immediately of any changes to the information that you provided when registering.

Unless otherwise agreed to the contrary, we may publicise the client’s name and/or a brief summary of the work undertaken for promotional purposes only.

 

Access to the website
We cannot guarantee that access to and use of the website (tonmd.co.uk) will be uninterrupted and be error-free. You must not use the website in any way that causes, or could cause, the website or access to it to be interrupted, damaged or impaired in any way.

You must not use the website fraudulently or in any way that is illegal. You must not copy any of the content or designs on the site without the permission of The Online Marketing Department.

 

Validity

• Quotations – both online and written are valid for 30 days.
• All prices are subject to VAT at the prevailing rate – unless otherwise stated
• These general terms and conditions apply in conjunction with any specific terms and conditions contained in the relevant quotation document.

Payment terms

• Online and telephone payments will be subject to the additional charge as applied for the method of payment.
• Account payments will be subject to an overall credit limit in relation to online orders. Only individuals authorised by the firm will be able to access and use these account facilities.
• Unless paid via Debit Card or Credit Card all account payments are due within 30 days of invoice date. Statutory interest may be charged in respect of invoices not paid by the due date.
• There will normally be an additional charge for delivery to the client. These will be dependent on whether the delivery address is business or residential and costs are available from TOnMD.

Expenses

• Expenses may be charged for off-site meetings or events, subject to specific agreement.
• Car mileage is charged at 40 pence per mile, other fares at cost.

Cancellation

• Cancellation after commencement of any element of a project may, at TOnMD’s discretion, incur a charge up to the full quoted cost of that element.

Work Undertaken

• All commissioned work undertaken by TOnMD will be carried out in good faith. We will take reasonable steps to ensure the accuracy of the information used and also ensure that it meets the pre-agreed brief.
• However, the ultimate responsibility remains with the client for the content and accuracy of all work carried out.
• The client will provide TOnMD with all the information and assistance necessary to carry out the contract effectively.
• Unless otherwise agreed in writing TOnMD will retain the copyright of all work that it originates on behalf of the client.

Design and Print

• It is likely that where bespoke design and/or copy requirements are provided, it is likely there will be separate quotes and payments required for the design, copy and print elements of a project.
• We make every effort to ensure artwork is correct throughout, but it is the client’s responsibility to check and approve proofs prior to printing. Once a proof has been signed off or authorised with online agreement, the cost of any amendment or reprint becomes the client’s responsibility.

Branding

• We aim to ensure brand uniqueness, but clients must satisfy themselves as to the distinctiveness of brand names, logos and identities within their chosen market place.

Compliance

• Where we are creating literature for financial services clients, we do not guarantee that its content is compliant under the terms of the Financial Services Act for issue in the UK (or similar regulations covering other marketplaces). It is therefore the client’s duty to ensure that all documentation has been approved by a properly qualified compliance officer for the marketplace in which it is to be issued. Whether this is via manual or verbal authorization by the advisers, or part of an online authorization process, but the same conditions stand.

Copyright

• Images (unless bought-in), concepts, designs and copy generated by The Online Marketing Department (TOnMD) are Copyright ©TOnMD. Additional use is normally available by agreement.

Data

• By agreeing to TOnMD purchasing any data on their behalf, the client also accepts the terms and conditions of the data supplier.

Indemnity

• The client agrees to indemnify TOnMD against all costs, charges and damages falling upon TOnMD as a result of legal action arising from the publication of any press release, statement, advertisement or similar material which has been previously approved or provided by the client for publication.

Liability

• TOnMD's liability, if any, whether in contract or otherwise, arising in respect of any defects in its work or any breach of care or duty owed to the client shall be limited to the invoice value of the work.
• Force Majeure
• TOnMD shall not be liable for any delay or failure to perform its obligations due to circumstances outside its reasonable control.

Force Majeure

• TOnMD shall not be liable for any loss or damage to the client as a direct or indirect result of the supply of services by us not meeting the terms of the original agreement due to unforeseen circumstances or events beyond TOnMD’s reasonable control.

Jurisdiction

• These terms and conditions and any agreement to which they relate shall be governed by the laws and courts of England.