These terms set out the contract between you and The Marketing Plot Ltd (company number 14658920) (company) in respect of your use of any of the services as described on TheMarketingPlot.com. By using a service, you agree to be bound by these terms.
We may amend these terms from time to time. Every time you wish to use a service, please check these terms to ensure you understand the terms in force at that time.
1 What we do (Services)
Consulting call services
Where you book consulting services with us, you will choose a time slot with Jess Saumarez (an Appointment) via the Calendly link that the Website directs you to.
We provide a personalised 1-2-1 marketing consulting, guidance, advice, and other services in accordance with the details at themarketingplot.com.
We will do what we can to provide the consulting services at the time slot requested by you, but there is no guarantee of any particular time slot and where we are no longer able to provide consulting services at an arranged time, we will contact you to re-arrange a new Appointment.
Where we have confirmed an Appointment with you, you are responsible for attending your Appointment. We are unable to offer refunds, but you may contact us to re-arrange your Appointment provided that you contact us at least:
- 24 hours in advance if your Appointment is between Tuesday and Friday; or
- 72 hours in advance if your Appointment is on a Monday.
Notion templates
Where you purchase a business Notion template from us, you will be provided access to the template hosted on Notion.
Subject to your compliance with these Terms, we grant you a worldwide, non-exclusive, perpetual, revocable right to use the materials we provide to you (Materials), and any intellectual property rights contained in those Materials (Materials IP), for your own personal, non-commercial use. You may not provide any Materials or Materials IP to any third party for any reason without our prior written consent.
You may use any template documents which form part of the Materials for any purpose, provided that you do not sell or licence any unamended templates to any third party.
Outsourced Head of Marketing subscription service
Under the Head of Marketing subscription, you can pre-book a number of hours on a monthly basis.
Any pre-booked hours which haven’t been used in a month can’t be rolled over into the next month (and you won’t be entitled to any refund or discount). If you exceed the number of hours pre-booked in a month, we’ll invoice you for the extra time at the hourly rate set out in our contract at the end of that month.
On our shared Notion board, we will provide you with updates showing the number of hours pre-booked and how much time you have left to use for the month.
So we can manage our clients effectively, we ask you to be considerate by discussing with us ahead of the month how you would like to use your pre-booked hours rather than waiting until the last minute to send us work.
If we don’t hear otherwise from you by the 20th of the month, we’ll renew your subscription on the same basis and invoice you for the same number of hours for the next month.
You may cancel your subscription at any time on giving us one month’s written notice.
Fixed-fee Projects
Fixed fees will be based on an agreed scope of work subject to certain assumptions and exclusions which will be set out in our contract.
When we agree a fixed fee, we’ll stick to it unless any assumptions aren’t met (for example, because the scope of work has changed, or the project is taking longer than expected due to delays we’ve not caused) or if we’re required to do anything that was excluded.
If you ask us to stop working on a fixed fee project, we’ll charge you for the work we’ve done up to that point at our standard hourly rates.
2. Fees, invoicing and payment
Consulting calls and templates
The prices for our Consulting Calls and Templates are shown on the Website and are inclusive of VAT (where applicable).
Our Consulting Calls and Templates Fees may change at any time. This will not affect existing orders unless there has been a pricing error on the Website. If this happens, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order.
We will automatically charge the Consulting Calls and Templates Fee to the credit or debit card that you provide when placing your oder.
All amounts due must be paid in full in advance.
For Consulting Calls we use a third party payment provider called Stripe to process payments on our behalf. They have their own separate terms of use which can be found here. We are not responsible for your obligations in these terms so please read these carefully before making a payment.
For Templates, we use a third party payment provider called Gumroad to process payments on our behalf. They have their own separate terms of use which can be found here. We are not responsible for your obligations in these terms so please read these carefully before making a payment.
Outsourced Head of Marketing subscription service
You will be billed for the hours booked at the end of each month by direct debit, along with any extra hours used.
We use Stripe to process payments, which may be subject to additional terms and conditions. Stripe is operated by Stripe Payments Europe, Ltd and its affiliates.
Unless you’ve disputed any amount of an invoice in good faith, we may stop work on all your matters where any invoice remains unpaid after 30 days from its due date. We may also invoice you for interest and additional sums permitted by law.
We reserve the right to review our rates at least once every year and, where we’re currently providing our services to you, we’ll notify you of any increases before they apply.
Fixed-fee Projects
Unless our contract says otherwise, all our invoices are payable on presentation.
Unless our contract says otherwise, we’ll invoice you 50% for our Services upfront with the remaining 50% due following the delivery of the project.
We’ll send our invoices by email to the email address provided by you. If this email address changes, you must let us know as soon as possible.
Payment of our invoices must be made directly into our bank account as stated on the invoice. We’re happy to confirm these details over the phone with you.
We use Stripe to process payments, which may be subject to additional terms and conditions. Stripe is operated by Stripe Payments Europe, Ltd and its affiliates.
Unless you’ve disputed any amount of an invoice in good faith, we may stop work on all your matters where any invoice remains unpaid after 30 days from its due date. We may also invoice you for interest and additional sums permitted by law.
3. Travel and expenses
If you ask us to travel then we’ll charge for the time spent travelling.
If you ask us to travel, unless our contract says otherwise, you agree that we may invoice you for any travel expenses.
Unless our contract says otherwise, you agree that we may invoice you for any other expenses, for example, third party software implementation within your organisation.
4. Ending a contract
Except in respect of our subscription service, where you must give us one month’s written notice to terminate, you may terminate your agreement with us at any time in writing.
We may terminate our agreement with you on reasonable written notice where we’ve a good reason for doing so, for example, if you don’t pay our invoice or a conflict of interest arises.
Unless you’ve disputed any amount of an invoice in good faith, you must pay all outstanding invoices and for any fees or expenses incurred by us up to the time of termination.
If you are unhappy with any of the Services provided, please contact us as soon as reasonably possible here.
5. Your obligations
You agree that:
- You will provide complete and accurate information when placing an order.
- You are responsible for making sure that the information you provide us in order to enable us to provide the services in this agreement is correct.
- You will comply with these Terms, and any other documents referred to in it, when using our Website and placing an order for our Services.
- In reading and accepting these Terms, you are aware of and understand your rights and responsibilities, and if you are not sure, you have contacted us for help or more information.
6. Our liability to you
Our Services are intended to provide information on professional and business development only and we shall not be liable for any losses you incur by placing reliance on the advice provided.
We are not liable to you for any losses you incur where the Services are delayed or cannot be performed because you fail to make information available to us or fail to provide us with adequate instructions or information to allow us to perform the Services.
We will not be liable for any losses you suffer or incur by reason of any delay or failure to provide any of the Services caused by any event outside our control.
If we are affected by an unforeseeable event, we will promptly write to you to let you know if this means we are unable to fulfil a Contract.
Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
Subject to the below, our liability under or in connection with or arising out of:
- The Services (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the price for the Services paid by you.
We will not be liable to you under or in connection with the Services (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
- consequential, indirect or special losses; or
- any of the following (whether direct or indirect):
a. loss of profit;
b. loss or corruption of data;
c. loss or corruption of software or systems;
d. loss or damage to equipment;
e. loss of use;
f. loss of opportunity;
g. loss of savings, discount or rebate (whether actual or anticipated); or
h. harm to reputation or loss of goodwill.
7. Data protection
You can find out more about what personal data we collect and how we handle it in our Privacy Policy
Both parties will comply with all applicable requirements of the Data Protection Laws. This Section is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Laws. For the purposes of this Section, Data Protection Laws means the UK Data Protection Legislation and any other European Union legislation relating to the use of Personal Data. Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures have the meaning as defined in the Data Protection Legislation.
The parties acknowledge that for the purposes of the Data Protection Laws, you are the Controller and we are the Processor of any Personal Data processed as part of the services.
You will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of any Personal Data to us and lawful collection of the Personal Data by us on your behalf for the duration and purposes provided for in these terms.
We shall:
- process the Personal Data only on your documented written instructions unless we are required by applicable law to otherwise process the Personal Data;
- ensure that we have in place appropriate technical and organisational measures to protect against accidental loss, destruction, damage, unauthorised or unlawful processing of the Personal Data;
- ensure that all personnel who have access to or process the Personal Data are obliged to keep the Personal Data confidential;
- assist you in responding to any Data Subject request, carrying out privacy impact assessments and ensuring compliance with your obligations under the Data Protection Laws;
- notify you without undue delay on becoming aware of any breach involving the Personal Data;
- maintain complete and accurate records and information to demonstrate our compliance with this Section.
8. Feedback and complaints
We welcome any feedback about our Services. We hope that you are satisfied with any purchase, and we are always keen to hear about ways to improve our Services. If you have any comments, please let us know via the Contact page.
If you do have any complaints, please submit them to jess@themarketingplot.com and we will aim to deal with these swiftly.
9. Other terms
Outsourced Head of Marketing subscription service and Fixed Fee Projects
All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trade mark, trade dress, industrial design and trade name (the “Intellectual Property”) that is developed or produced under this Agreement, will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
Notion Templates
We own the copyright and any other intellectual property rights in all documents we create for you. Provided you’ve paid all invoices relating to the creation of any documents, you’re free to copy, modify and use such documents for the specific purposes for which they were created. If you want to use any documents for any other purposes, you must ask us for permission to do so.
Other
You agree to us using your name and logo (including any registered trade mark) on our website and marketing materials. If you’d prefer that we didn’t use your name and logo, please let us know.
Neither you nor we will use any confidential information of the other for any purpose other than to perform its obligations under these Terms.
No one other than us or you has any right to enforce any of these terms.
If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
All Contracts, these Terms and the terms of each accepted order represents the entire agreement between us and replace any terms and conditions of purchase or supply that you have been provided with previously.
