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Terms and conditions & Privacy Policy for http://www.launchwithlove.co.uk
Launch With Love LTD a Company registered in the United Kingdom under number 14316632 whose registered office is at 3 Telford Drive, Melksham, Wiltshire, SN12 6GF
TERMS OF PURCHASE
Launch With Love LTD
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Clare Reynolds (“SERVICE PROVIDER”), acting on behalf of Launch with Love LTD (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
1. TERMS.
(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Service Provider agrees to provide services in accordance with the product you have signed up for.
(b) The scope of services rendered by the Service Provider pursuant to this contract shall be solely limited to those contained therein and/or provided for on Launch with Love LTD’s Website, https://www.launchwithlove.co.uk as part of the service offered . (c) Service Provider & Company reserves the right to substitute services equal to or comparable to the service or services purchases for Client if reasonably required by the prevailing circumstances. (d) Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met.
(e) Service Provider & Company reserves the right to remove Client from Services at any time for any reason.
(f) Service Provider reserves the right to substitute services equal to or comparable to the services for Client if reasonably required by the prevailing circumstances.
(g) Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met and to manage timeframes which service provider has stipulated.
(h) Service Provider reserves the right to remove Client from any products at any time for any reason.
2. METHODOLOGY. Client agrees to be open minded to the Service Providers methods and partake in services as proposed. Client understands that the Service Provider has made no guarantees as to the outcome of the services. The Service Provider may revise methods or parts of the services offered based on the needs of the Client.
3.DISCLAIMERS. By participating in the Service, the Client acknowledges that the Service Provider is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and her services do not replace the care of other professionals. The information in this Service is in no way to be construed or substituted as psychological counseling or any other type of therapy or professional advice.
The Service Provider may provide the Client with information relating to products that the Service Provider believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Service Provider is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or coaching or consulting provided.
The Service Provider may provide Client with third-party recommendations for such services as marketing, photography, business, health, or other related services. Client agrees that these are only recommendations and the Service Provider will not be held liable for the services provided by any third-party to the Client. The service provider is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
Any testimonials, earnings, or examples shown through the Service Providers website or social media are only examples of what may be possible for the Client. There can be no assurance as to any particular outcome based on the use of the Service Providers programs, courses, and/or services. Client acknowledges that the Service Provider has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of Service Providers website, programs, products or services.
4. PAYMENT AND REFUND POLICY.
(a) Upon execution of this Agreement, Client agrees to pay to the Service Provider the full purchase amount of service or product they purchase or an option to take a payment plan if it is offered.
(b) The Service Provider does not offer refunds to ensure that clients are fully committed to the Service unless stated otherwise on section (4f) below.
(c) If Client selects a payment plan option, Client agrees to pay fees to the the Service Provider according to the payment schedule set forth on Service Providers website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).
(d) Credit Card Authorisation (if applicable for payment plan). Each Party hereto acknowledges that Service Provider will charge the credit card chosen by the Client. (e) In the event Client fails to make any of the payments within a payment plan during the time prescribed, the Service Provider has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and coaching calls and conducting any further work on services. If Client has not paid within fourteen (14) days, the Service Provider has the right to terminate agreement and the outstanding monies owed will be passed on to a debt collector agency.
(e) There will be additional fees levied by us if you fail to comply with deadlines for services and responses to work that We undertake for You (“late fees”) The reason for this is to ensure that We can deliver all the services We have agreed, within time and within budget, and to ensure that all Our clients have fair access to Our services. If a deadline is not adhered to it means extra time for Us in chasing up, and securing Your project input, and then additional work to get the project back on track. We inevitably are required to reorganise and reprioritise other projects, and may have turned down projects to accommodate Yours, which We will then have lost. To reflect that lost opportunity, and this extra work, We charge late fees for overdue and missed deadlines as follows: For every copy or action deadline missed by you, we shall charge late fees of £45.00 per day to reflect these losses.
Late fees will be invoiced as they fall due. For retainer packages if failed payment occurs you will have 7 days to rectify this payment otherwise a late payment fee of £25 per day will be applied and you will be invoiced accordingly. You will be notified via email and our payment gateway if your payment has failed to remind you and avoid a late payment fee if this is not rectified within the 7 days of late or failed payment.
Our payment terms are 14 Calendar days, and payment is not deemed to have been made until We have been paid in full.
(f) Digital Information cannot be “returned.” The Launch With Love Toolkit and other such digital products has a “No Refund” Policy for all digital download products purchased directly through us.
The “Love to Build Website” which has a 2 week turnaround once client has provided all copy and images along with completing questionnaires have a 14 day cooling period. A full refund will be issued if cancelled within this period and an email sent in writing to info@launchwithlove.co.uk within this timeframe.
“Funnels With Love” expect up to a 4 week turn around, can be quicker of the client has all their copy and images ready to go for their funnel and email automation. Please note when you purchase this service that the business owner ( client ) is responsible for the purchase of any 3rd party platforms or websites to carry out this service if they have not got them already. The client is also responsible for providing copy and images for their funnel to be built and will work with the service provider to get what they need in a timely manner. -this has a 14 day cooling off period. A full refund will be issued if cancelled within this period and email sent in writing to info@launchwithlove.co.uk within this timeframe providing no call has taken place or work began on this service. If you choose a split pay option, please note your funnel will not be finished and handed over to you and finalised until full payment has been collected.
“Mood Board & Brand Discovery” is a 4 week timeline from purchase and inclusive of a 60 minute virtual call to be booked in before the 4 weeks kicks off and clients responsibility to book this call. This has a 14 day cooling off period. A full refund will be issued if cancelled within this period and email sent in writing to info@launchwithlove.co.uk within this timeframe.
“Creating your Brand Identity” – 4 weeks timeline from purchase where client needs to complete the logo questionnaire which is up in the clients portal area. A full refund will be issued if cancelled within this period and email sent in writing to info@launchwithlove.co.uk within this timeframe.
“Virtual Assistance or OBM services” – if client purchases a retainer package for these services for the month and decides within 14 days that they no longer require these services providing that no work has been carried out the client shall be entitled to a full refund. Hours are for the month start date when payment is made to the date before the following month. Hours are not carried over. Once monthly payment has been made on a new billing cycle the new set of hours purchased will begin again. After this both the service provider and client must give one months notice in advance for Virtual Assistance services if they wish to stop services and for OBM 2 months notice unless mutually agreed otherwise by the parties to ensure there is a smooth handover and to tie up any current projects that the service provider may be assisting the business owner with and so as not to leave them unsupported. An email must be sent in writing to info@launchwithlove.co.uk within this time frame.
“Retainer packages for any other work agreed with Clients” – if client purchases a retainer package for services for the month and decides within 14 days that they no longer require these services providing that no work has been carried out the client shall be entitled to a full refund after this both the service provider and client must give one months notice in advance if they wish to stop services. Hours are for the month start date to the date before the following month and hours are not carried over. Once monthly payment has been made on a new billing cycle the new set of hours purchased will begin again. An email must be sent in writing to info@launchwithlove.co.uk within this time frame. For website retainers the hourly rate is £97 per hour. No hours are to be brought over to another month if they are unused but we will ensure that we communicate with our clients in enough time throughout the month if they have any time unused and the same if they are near their limit for the month so they can either purchase additional hours to prevent delays or pause in the work or they can choose to pause and pick up again the new month when the next set of hours restart. A retainer gautantees you those set of hours of work by me in that month.
Refund requests will only be reviewed once all evidence is submitted. Evidence needs to be submitted within the 30-day cut off point and any request after this time will not be considered.
Any refund will be processed within 28 days of confirmation of refund.
5. Providing the Services.
5.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in our marketing, technology & website Industry, and in accordance with any information provided by Us about the Services and about Us.
5.2 We will begin providing the Services on the date confirmed in Our Order Confirmation.
5.3 We will continue providing the Services for until the project is completed, based on the timeline agreed at the point of Order Confirmation.
5.4 We will make every reasonable effort to complete the Services on time (and in accordance with Your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 9 for events outside of Our control.
5.5 If We require any information or action from You in order to provide the Services, We will inform You of this as soon as is reasonably possible. [Examples of what we may require include: copy; imagery; feedback.]
5.6 If the information or action required of You under sub-Clause 5.5 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on Your part, We may charge You a reasonable additional sum for that work.
5.7 In certain circumstances, for example where there is a delay in You sending Us information or taking action required under sub-Clause 5.5, We may suspend the Services (and will inform You of that suspension in writing).
5.8 In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform You in advance in writing before suspending the Services.
5.9 If the Services are suspended under sub-Clauses 5.7 or 5.8, You will not be required to pay for them during the period of suspension. You must, however, pay any invoices that You have already received from Us by their due date(s). 5.10 If You do not pay Us for the Services as required by Clause 4, We may suspend the Services until You have paid all outstanding sums due. If this happens, We will inform You in writing.
Design and Intellectual Property Rights.
You guarantee to Us that any elements of text, graphics, photos, designs, trademarks, or other artwork that You provide to Us for inclusion in the project are either owned by You, or that You have permission to use them. You shall indemnify us against all and any claims arising from the use of materials of any sort provided by You, or obtained under Your direction from third parties.
You acknowledge that We own all right, title and interest in and to the designs created in the project and that You have no right to use any of them outside the express terms of this clause in our Terms.
Money paid to Us includes a fee for the grant of a licence in the terms of this paragraph. The licence arises only after You have paid Us in full. The licence is personal, irrevocable, non-transferable and non-sub-licencable. The licence specifically allows You to use designs on a website, on social media channels, in other digital format or in print form and to share extensively thorough such channels, subject to you acknowledging the Our rights and ownership of the design on your website and other social media channels.
The licence does not allow You to sell or duplicate the designs, but does allow You to use them for Your own commercial purposes. So far as any goodwill is generated by Your use of the Images it shall accrue to the benefit of Us. We reserve the right to make reproductions of designs created during projects for marketing, promotional, competition and editorial purposes.
Background programming, databases, CGI or JavaScripts produced by or on behalf of Us remain the intellectual property of Us unless otherwise expressly agreed in writing. Copyright of any background programming, databases, CGI or JavaScripts remain the property of Us for the duration of the website’s
existence and shall not be assigned, modified or reused without Our express written permission. No portion of the coding ( if coding is used ) can be copied, duplicated or redistributed in any form electronic or otherwise unless a licensing agreement has been reached
6. RECORDING AND REDISTRIBUTION OF CALLS.
Client acknowledges that any calls may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the service provider and used on service providers website or advertising or social media.
7. NON-DISPARAGEMENT.
The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalise or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Service Provider or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
8. Orders
8.1 All Orders for Services made by You will be subject to these Terms and Conditions.
8.2 You may change Your Order at any time before a deposit is paid and We begin providing
the Services by contacting Us. Requests to change Orders must be made in writing. For OBM/VA or retainer packages hours are for the month start date when payment is made to the date before the following month when next payment is due. hours are not carried over. Once monthly payment has been made on a new billing cycle the new set of hours purchased will begin again
8.3 If Your Order is changed We will inform You of any change to the Price in writing.
8.4 You may cancel Your Order within 14 days of placing it. However, (as outlined in sub-clause
8.4) Your deposit is non-refundable so no refunds will be issued. We also reserve the right to charge You for any work completed up until the point of cancellation, unless those costs are incorporated within Your deposit. [If You request that Your Order be cancelled, You must confirm this in writing.] If You wish to cancel the Services after this time period, or once We have begun providing the Services, please refer to Clause 10
8.5) We may cancel Your Order at any time before We begin providing the Services due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform You as soon as is reasonably possible. If You have made any payments to Us under Clause 5 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 30 Calendar Days of Us informing You of the
cancellation. Cancellations will be confirmed in writing.
9. Events Outside of Our Control (Force Majeure)
9.1 We will not be liable for any failure or delay in performing Our obligations where that failure
or delay results from any cause that is beyond Our reasonable control. Such causes include, but
are not limited to: power failure,internet service provider failure, strikes, lock-outs or other industrial
action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes,
subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared,
threatened, actual or preparations for war), epidemic or other natural disaster, or any other
event that is beyond Our reasonable control.
9.2 If any event described under this Clause 7 occurs that is likely to adversely affect Our
performance of any of Our obligations under these Terms and Conditions: 9.2.1 We will inform You as soon as is reasonably possible;
9.2.2 Our obligations under these Terms and Conditions will be suspended and any time
limits that We are bound by will be extended accordingly;
9.2.3 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary; 9.2.4 If an event outside of Our control occurs and You wish to cancel the Contract, You may do so in accordance with Your right to Cancel under sub Clause 10.3.3. Any refunds
due to You as a result of that cancellation will be paid to You as soon as is reasonably
possible, and in any event within 14 Calendar Days of Our acceptance of Your cancellation notice;
9.2.5 If the event outside of Our control continues for more than 30 days, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 10.6.3 and informYou of the cancellation. Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.
Limitations on Our liability
We will use reasonable care and skill in performing the Services. Where any valid claim in respect of the project is made You may be entitled to a refund or part refund.
Our liability in respect of any loss of good will, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be NIL.
In respect of any other direct losses (in Contract or Tort) Our total liability will not exceed £250.
Nothing in these Terms will exclude or limit liability for death or serious injury caused by Our negligence.
10. Cancellation
10.1) If You wish to cancel Your Order for the Services before the Services begin, You may do so under sub-Clause 3.4.
10.2) Once We have begun providing the Services, You are free to cancel the Services and the
Contract at any time by giving Us 14 days written notice. However, (as outlined in sub-clause
10.3a) Your deposit is non-refundable so no refunds will be issued. We also reserve the right to charge You for any work completed up until the point of cancellation, unless those costs are incorporated within Your deposit. [If You request that Your Order be cancelled, You must confirm this in writing.] If You wish to cancel the Services after this time period, or once We have begun providing the Services, please refer to Clause 4.
10.3b) If any of the following occur, You may cancel the Services and the Contract immediately by giving Us written notice. If You have made any payment to Us for any Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 30 Calendar Days of Our acceptance of Your cancellation. If We have provided Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no
refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 4. If You cancel because of Our breach under sub-Clause 10.3.1, You will not be required to make any payments to Us. You will not be required to give 14 days notice in these circumstances:
10.3.1) We have breached the Contract in any material way and have failed to remedy
that breach within14 days of You asking Us to do so in writing; or
10.3.2 ) We enter into liquidation or have an administrator or receiver appointed over Our assets; or
10.3.3) We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 9.2.4); or
10.3.4) We change these Terms and Conditions to Your material disadvantage.
10.4) We may cancel Your Order for the Services before the Services begin under clause 9.
10.5) Once We have begun providing the Services, We may cancel the Services and the Contract at any time by giving You 14 days written notice. If You have made any payment to Us for any Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that You have not yet paid for, the sums due will be deducted from any refund
due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 5.
10.6) If any of the following occur, We may cancel the Services and the Contract immediately by giving You written notice. If You have made any payment to Us for any Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due,
We will invoice You for those sums and You will be required to make payment in accordance with Clause 5. We will not be required to give 14 days’ notice in these circumstances:
10.6.1) You fail to make a payment on time as required under Clause 5, based on our discretion; or
10.6.2) You have breached the Contract in any material way and have failed to remedy that breach within 14 days of Us asking You to do so in writing; or
10.6.3) my We are unable to provide the Services due to an event outside of Our control (for a period longer than that in sub-Clause 10.2.5).
10.7) For the purposes of this Clause 10 (and in particular, sub-Clauses 10.3.1 and 10.6.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the
terminating party (i.e. You under sub-Clause 10.3.1 and Us under sub-Clause 10.6.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
11. Communication and Contact Information
11.1 If You wish to contact Us, You may do so by email at info@launchwithlove.co.uk
11.2 In certain circumstances You must contact Us in writing (when cancelling an Order, for example, or exercising Your right to cancel the Services). When contacting Us in writing You may use the following methods:
11.2.1 Contact Us by info@launchwithlove.co.uk
12.DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the International Court of Arbitration (ICC). The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in the UK or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
13. Complaints and Feedback
13.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one,We nevertheless want to hear from You if You have any cause for complaint.
13.2 If You wish to complain about any aspect of Your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us
13.2.1 [By email, addressed to Clare Reynolds, Launch With Love LTD info@launchwithlove.co.uk]
14.GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws within The United Kingdom, regardless of the conflict of laws principles thereof.
15.How We Process and Keep Your Personal Information
15.1 All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the current data protection legislation including GDPR. You are referred to Our Privacy Policy on our website https://launchwithlove.co.uk/privacy policy/ which sets out what personal data we collect and control, and the bases that We use to process Your personal data.
15.2 We may use Your personal information to:
15.2.1 Provide Our Services to You.
15.2.2 Process Your payment for the Services.
15.2.3 Inform You of new products and services available from Us. You can withdraw at any time
Your consent to us processing under this basis at any time by unsubscribing from any email that we send or by contacting us in accordance with Our Privacy Policy.
15.2.4 For our legitimate business interests and record keeping. We will not pass on Your personal information to any other third parties [without first obtaining Your express permission]. Where We provide personal data to You in order to supply Our services You undertake to control and process it in accordance with current data protection legislation and GDPR.