What’s it about?
We endeavour to provide services for our clients in the most collaborative way possible. Here’s how we manage everybody’s expectations.
Flycast Media understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website, www.flycastmedia.co.uk (“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.
Flycast Media is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data (in all situations where we collect your data) and tell you about your privacy rights and how the law protects you.
1. IMPORTANT INFORMATION AND WHO WE ARE
This privacy notice aims to give you information on how Flycast Media collects and processes your personal data through all means such as when you request a quote/proposal from Flycast Media; become a client of Flycast Media or use of this website, including any data you may provide through this website when you sign up to our newsletter; download a guide or take part in a promotion.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Flycast Media is the controller and responsible for your personal data (collectively referred to as Flycast Media, ”COMPANY”, “we”, “us” or “our” in this privacy notice).
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.
Our full details are:
Name or title of DPO: Shane McEvoy
Email address: email@example.com
Postal address: The Old Free School, George Street, Watford, Hertfordshire WD18 OBX
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
This version was last updated on 27th April 2018. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data may include first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data may include invoicing address, email address and telephone numbers.
- Financial Data may include bank account and payment card details.
- Transaction Data may include details about payments to and from you and other details of services you have purchased from us.
- Technical Data may include internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
- Profile Data may include your purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data may include information about how you use our services and website.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity, Contact and Financial Data when engaging our services, filling in forms or by corresponding with us by post, phone, email, and telephone or otherwise. This includes personal data you provide when you:
- Enquire and or contract with us for our services;
- subscribe to our publications;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us some feedback.
Third parties or publicly available sources. We may receive personal data about you from various third parties.
Technical Data from the following parties:
(a) analytics providers;
(b) advertising networks; and
(c) search information providers.
- Contact, Financial and Transaction Data from providers of technical and payment services.
- Identity and Contact Data from data brokers or aggregators.
- Identity and Contact Data from publicly available sources.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out.
Lawful basis for processing including basis of legitimate interest
- Registering you as a new customer whereby identity and contact information may be collected for the performance of a contract with you.
- Processing and delivering your order including the management of payments, fees and charges, and collecting and recovering money owed to us. Identity, contact, financial, transaction, marketing and communication data may be collected for the performance of the contract with you and to recover debts due to us.
- Enabling you to partake in a prize draw, competition or complete a survey. Identity, contact, profile, marketing and communucation data may be collected for the performance of a contract with you, or where necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
- Administering and protecting our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data). Identity, contact and technical data may be collected when necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise), or where necessary to comply with a legal obligation.
- Making suggestions and recommendations to you about goods or services that may be of interest to you. Identity, contact, technical, usage and profile data may be collected where necessary for our legitimate interests (to develop our products/services and grow our business)
3rd Parties Involved in Processing
Google Analytics, Double Click
Data analytics is used to help improve our website, products/services, marketing, customer relationships and experiences. Technical and usage data is collected for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
Their services are used to send Email Marketing messages about services we offer, and content that we create. Identity, contact, marketing and communication data is collected when users opt themselves into receiving our marketing on one of the contact forms on our website. We rely exclusively on consent for email marketing activity.
Users can opt out of marketing activity by clicking the unsubscribe link in the emails they receive, or by contacting us directly. Records of consent are maintained in our CRM (Hubspot, Sharpspring).
Double Click, Google Ads & Google Analytics, Bing
These services provide target display advertising to users that have previously visited our website and shown interesting in our products and services. Technical, usage and profile data is used but no identity or contact data is used in this process. Users can opt out of processing in this way by blocking cookies.
They are also necessary for our legitimate interests (to define customer types and serve relevant messaging to users that are interested in our products & services).
Facebook, LinkedIn, Twitter, Instagram
We use the technical, usage and profile data from these social networks to measure interactions with, and how you share our content on social networks. This is necessary for our legitimate interests (to allow users to click through to, follow and like, or share our content on social media).
Data is collected by social media platforms when users use their share, like and follow buttons. For access to this information, or to opt out, users can adjust their account settings on the relevant platforms.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
PROMOTIONAL OFFERS FROM US
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased services from us or if you have provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any company outside the Company for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out for the lawful basis for processing including basis of legitimate interest listed above.
- External Third Parties as set out in the Glossary.
- Specific third parties listed above.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
7. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
8. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
EXTERNAL THIRD PARTIES
- Service providers acting as processors based within or outside of the EEA who provide services that support our services supplied to you.
- Professional advisers acting including lawyers, bankers, auditors and insurers based within the EEA who provide consultancy, banking, legal, insurance and accounting services
- HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances
YOUR LEGAL RIGHTS
You have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
TERMS AND CONDITIONS – Using our services
By placing an order with Flycast Media via telephone, email, verbal, or any other means of communication, you confirm that you are in agreement with and bound by the terms and conditions below.
THE CLIENT: The company or individual requesting the services of ASMB Enterprises LTD T/A Flycast media.
FLYCAST MEDIA: Primary designer/site owner & employees or affiliates.
Flycast media will carry out work only where an agreement is provided either by email, telephone, mail or fax. Flycast Media will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Flycast Media and the client, this includes telephone and email agreements.
DESIGN FOR PRINT
Flycast media provides file formats in pdf, doc, tiff and jpeg formats. If the original file is requested by the client from Flycast Media, this may carry a charge to provide original working files, graphics and required fonts for editing.
Flycast Media has the right to display all design works carried out on Flycast Media unless otherwise requested by the client.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Flycast Media cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Flycast Media until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Flycast Media remain the copyright of Flycast Media and may only be commercially reproduced or resold with the permission of Flycast Media.
Flycast Media cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
All written content is to be supplied by the client in electronic form enabling Flycast Media to ‘cut & paste’ it into the project itself. This content will be implemented/ inserted only once and all further changes will be the client’s responsibility or will be at at our standard hourly rate (£85 plus VAT).
Flycast Media is not responsible for proof reading or spell checking this content and we strongly advise all clients to check this content carefully before its submission.
Any additions to briefs provided will be carried out at the discretion of Flycast Media and where no charge is made by Flycast Media for such additions, Flycast Media accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Flycast Media all materials required to complete the site to the agreed standard and within the set deadline.
Flycast Media will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Flycast Media will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
Flycast Media will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Flycast Media will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out.
Staged payments are required throughout the life of a project as detailed in our written proposal, if those payments are not fulfilled Flycast Media reserves the right to halt all work on the project until they are paid.
All payments are required before upload to live server.
After project commencement a reasonable amount of time (4hours) is set aside for meetings (face-to-face, Skype, Google hangouts, conference call, telephone call) in every web design and development project. Every phone call and meeting is timed using industry approved “productivity and invoicing” software and this time is deducted from the overall allowance. Flycast media has the right to invoice for any excess time over and above this limit at its standard hourly rate (£85 plus VAT).
At various stages of the project Flycast Media will seek written approval from the client before moving to the next stage. Subsequent changes to previously approved content will be chargeable at our standard hourly rate (£85 plus VAT).
For example, having approved website artwork, once sent for development all changes will be chargeable.
Flycast Media has the right to display all design works carried out on www.flycastmedia.co.uk unless otherwise requested by the client.
Flycast Media has the right to insert the statement “website made by Flycast Media” into the footer of every website developed, along with a link back to www.flycastmedia.co.uk Removal of this statement and associated link is subject to a fee of not less than 20% of the original website cost and needs to be requested in writing by the client.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Flycast media will accept no delay in payment caused by any third party action such as your hosting company not being able to implement your build correctly or domain company delaying the transfer of your domain or any technical issues therein. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered.
DATABASE, APPLICATION AND ECOMMERCE
Flycast Media cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by Flycast Media remain the copyright of Flycast Media and may only be commercially reproduced or resold with the permission of Flycast Media.
Where applications or sites are developed on servers not recommended by Flycast Media, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Flycast Media before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Flycast Media will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Flycast Media will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with the latest version of web browsing software Microsoft Internet Explorer, Chrome, Firefox, and Safari, for both mac and PC to an acceptable level. Flycast Media can offer no guarantees of correct function with all browser software. Flycast Media also accepts no responsibility for issues on different devices such as iphone ipad etc.
No guarantees can be made as to the availability or interruption of the web hosting service and Flycast Media cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Flycast Media reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise. Website hosting is not included in any website package, and after 30 days, all clients must make their own arrangements or consult with Flycast media about their available packages. Failure to do so may result in a website being suspended.
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimising websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
We use ‘white hat techniques’ when optimising websites and always aim to achieve a top ten ranking for your website within 12 months of undertaking the optimisation process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.
Flycast Media reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
PAYMENT OF ACCOUNTS
A deposit is required from any new client before any work is carried out. It is Flycast Media policy that any outstanding accounts for work carried out by Flycast Media or its affiliates are required to be paid in full, no later than 10 days from the date of the invoice unless by prior arrangement with Flycast Media.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Flycast Media have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
To better manage our work flow, we have a rush charge policy. Charges on rush jobs will be 150% of our regular rates. A rush job is defined as: A project needing to be started in less than 48 business hours OR worked on outside of these hours. Business hours are from 9:00 AM until 6:30 PM Monday through Friday.
We have a very clear understanding of the need to turn jobs around quickly. But this does mean that we have to stop all other client work to accommodate yours.
When you order a job that is a rush, please specify the time it is needed. We will confirm our ability to meet the schedule and verify that rush charges apply. If you order a job ASAP, we will produce it as soon as the schedule allows. Sometimes these jobs will be produced in less than 24 hours. This is not a guarantee and will incur rush charges.
We anticipate that only a small number of jobs will actually fall under our rush charge category.
PPC MANAGEMENT / SOCIAL MEDIA MANAGEMENT / INBOUND & BLOGGING PROVISION.
Full terms and conditions are available upon request here
The Client shall have the right, by giving not less than 3 full calendar months written notice to the Service Provider to upgrade, downgrade or request alteration to the services provided and the Service Provider shall have the right, by giving not less than 1 months written notice to the Client to adjust the level of Fees due in relation to the Services provided.
Either Party may terminate this Agreement by giving to the other not less than 3 months written notice, at any time.
All landing pages designed and developed by Flycast Media on their specialist conversion rate optimisation landing page platform remain the property of Flycast Media in perpetuity and their provision will be removed on the cessation of our Google AdWords PPC service by either party.
Anyone who experiences a problem with their web service provided by Flycast Media should raise the matter directly using our online contacts or form to do so, giving sufficient information to locate the material (such as a url) and clearly outlining the grounds for complaint.
Flycast Media will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
FORMAL COMPLAINTS PROCEDURE
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Flycast Media, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
THE TERMS AND CONDITIONS OF THIS SITE
1. ACCEPTANCE: THE USE OF FLYCAST MEDIA TERMS AND CONDITIONS
Your access to and use of Flycast Media is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2. CREDIT CARD DETAILS
Flycast Media will never ask for your credit card details and we advice our customers to not enter their credit cards details on the Flycast Media website or by submitting such details in any other form.
3. LEGAL ADVICE
The contents of the Flycast Media website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
All material contained on Flycast Media is provided without any warranty of any kind. You use the material on Flycast Media at your own discretion
4. CHANGE OF USE
Flycast Media reserves the right to:
4.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Flycast Media shall not be liable to you for any such change or removal and.
4.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
5. LINKS TO THIRD PARTY WEBSITES
Flycast Media Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
6.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Flycast Media or otherwise used by Flycast Media as permitted by law.
6.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
7. LINKS TO AND FROM OTHER WEBSITES
7.1 Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
7.2 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
7.3 By linking to this Website in breach of our terms, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.
8. DISCLAIMERS AND LIMITATION OF LIABILITY
8.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
8.2 To the extent permitted by law, Flycast Media will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
8.3 Flycast Media makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
8.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Flycast Media for death or personal injury as a result of the negligence of Flycast Media or that of its employees or agents.
You agree to indemnify and hold Flycast Media and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Flycast Media arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
12. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of GB and you hereby submit to the exclusive jurisdiction of the GB courts.
13. OUR CONTACT DETAILS
OUR OFFICE ADDRESS:
The Old Free School,
Tel: 01923 439 662
For any further information please email Flycast Media Team
Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to
personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.f
Standard Google AdWords terms and conditions- which apply to every client as standard.
By placing an order with Flycast Media via telephone, email, verbal, or any other means of communication, you confirm that you are in agreement with and bound by the terms and conditions below.
(1) ASMB Enterprises LTD T/A Flycast media. of The Old Free School, George Street,
Watford, Hertfordshire County WD17 1DU
(“the Service Provider”) and
(2) You, “The Client”
(1) The Service Provider provides PPC Management services to business clients. The Service Provider has reasonable skill, knowledge and experience in that field.
(2) The Client wishes to engage the Service Provider to provide the services set out in this Agreement, subject to the terms and conditions of this Agreement.
(3) The Service Provider agrees to provide the services set out in this Agreement to the Client, subject to the terms and conditions of this Agreement.
IT IS AGREED as follows:
1. DEFINITIONS AND INTERPRETATION
a. In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in the UK;
means the date on which provision of the Services shall commence, as set out in sub-Clause 9.1;
means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with this Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);
means any and all sums due under this Agreement from the Client to the Service Provider, as specified in Schedule 2;
means the services to be provided by the Service Provider to the Client in accordance with Clause 2, as fully defined in Schedule 1, and subject to the terms and conditions of this Agreement; and
means the term of this Agreement as set out in Clause 9.
b. Unless the context otherwise requires, each reference in this Agreement to:
A “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
i. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
ii. “this Agreement” is a reference to this Agreement and each of the Schedules as amended or supplemented at the relevant time;
iii. a Schedule is a schedule to this Agreement; and
iv. a Clause or paragraph is a reference to a Clause of this Agreement (other than the Schedules) or a paragraph of the relevant Schedule.
v. a “Party” or the “Parties” refer to the parties to this Agreement.
c. The headings used in this Agreement are for convenience only and shall have no effect upon the interpretation of this Agreement.
d. Words imparting the singular number shall include the plural and vice versa.
e. References to any gender shall include the other gender.
f. References to persons shall include corporations.
2. PROVISION OF THE SERVICES
a. With effect from the Commencement Date, the Service Provider shall, throughout the Term of this Agreement, provide the Services to the Client.
a. The Service Provider shall provide the Services with reasonable skill and care, commensurate with prevailing standards in the PPC Management sector in the United Kingdom.
b. The Service Provider shall act in accordance with all reasonable instructions given to it by the Client provided such instructions are compatible with the specification of Services provided in Schedule 1.
c. The Service Provider shall be responsible for ensuring that it complies with all statutes, regulations, byelaws, standards, codes of conduct and any other rules relevant to the provision of the Services.
d. The Service Provider may, in relation to certain specified matters related to the Services, act on the Client’s behalf. Such matters shall not be set out in this Agreement but shall be agreed between the Parties as they arise from time to time.
e. The Service Provider shall use all reasonable endeavours to accommodate any reasonable changes in the Services that may be requested by the Client, subject to the Client’s acceptance of any related reasonable changes to the Fees that may be due as a result of such changes.
3. CLIENT’S OBLIGATIONS
a. The Client shall use all reasonable endeavours to provide all pertinent information to the Service Provider that is necessary for the Service Provider’s provision of the Services.
b. The Client may, from time to time, issue reasonable instructions to the Service Provider in relation to the Service Provider’s provision of the Services. Any such instructions should be compatible with the specification of the Services provided in Schedule 1.
c. In the event that the Service Provider requires the decision, approval, consent or any other communication from the Client in order to continue with the provision of the Services or any part thereof at any time, the Client shall provide the same in a reasonable and timely manner.
d. If any consents, licences or other permissions are needed from any third parties, it shall be the Client’s responsibility to obtain the same in advance of the provision of the Services (or the relevant part thereof).
e. If the nature of the Services requires that the Service Provider has access to the Client’s premises or any other location, access to which is lawfully controlled by the Client, the Client shall ensure that the Service Provider has access to the same at the times to be agreed between the Service Provider and the Client as required.
f. Any delay in the provision of the Services resulting from the Client’s failure or delay in complying with any of the provisions of this Clause 3 shall not be the responsibility or fault of the Service Provider.
4. FEES, PAYMENT AND RECORDS
a. The Client shall pay the Fees to the Service Provider in accordance with the provisions of Schedule 2 and this Clause 4.
b. The Service Provider shall invoice the Client for Fees due in accordance with the provisions of Schedule 2.
c. All payments required to be made pursuant to this Agreement by either Party shall be made within 10 Business Days of receipt by that Party of the relevant invoice.
d. All payments required to be made pursuant to this Agreement by either Party shall be made in £GBP in cleared funds to such bank in the UK as the receiving Party may from time to time nominate, without any set-off, withholding or deduction except such amount (if any) of tax as that Party is required to deduct or withhold by law.
e. Where any payment pursuant to this Agreement is required to be made on a day that is not a Business Day, it may be made on the next following Business Day.
f. Without prejudice to sub-Clause 9.4.1, any sums which remain unpaid following the expiry of the period set out in sub-Clause 4.3 shall incur interest on a daily basis at 4% above the base rate of the Bank Of England from time to time until payment is made in full of any such outstanding sums.
g. Each Party shall:
i. keep, or procure that there are kept, such records and books of account as are necessary to enable the amount of any sums payable pursuant to this Agreement to be accurately calculated;
ii. at the reasonable request of the other Party, allow that Party or its agent to inspect those records and books of account and, to the extent that they relate to the calculation of those sums, to take copies of them; and
iii. within 1 month after the end of each year, obtain at its own expense and supply to the other Party an auditors’ certificate as to the accuracy of the sums paid by that Party pursuant to this Agreement during that year.
5. LIABILITY, INDEMNITY AND INSURANCE
a. The Service Provider shall ensure that it has in place at all times suitable and valid insurance.
b. In the event that the Service Provider fails to perform the Services with reasonable care and skill it shall carry out any and all necessary remedial action at no additional cost to the Client.
c. The Service Provider’s total liability for any loss or damage caused as a result of its negligence or breach of this Agreement shall be limited to the lower of £5,000 or 3 months Fees.
d. The Service Provider shall not be liable for any loss or damage suffered by the Client that results from the Client’s failure to follow any instructions given by the Service Provider.
e. Nothing in this Agreement shall limit or exclude the Service Provider’s liability for death or personal injury.
f. Subject to sub-Clause 5.3 the Service Provider shall indemnify the Client against any costs, liability, damages, loss, claims or proceedings arising out of the Service Provider’s breach of this Agreement.
g. The Client shall indemnify the Service Provider against any costs, liability, damages, loss, claims or proceedings arising from loss or damage to any equipment (including that belonging to any third parties appointed by the Service Provider) caused by the Client or its agents or employees.
h. Neither Party shall be liable to the other or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of that Party’s obligations if the delay or failure is due to any cause beyond that Party’s reasonable control.
a. The Service Provider guarantees that the product of all Services provided shall be free from any and all defects for a period of 1 month following completion of the Services.
b. If any defects in the product of the Services appear during the guarantee period set out in sub-Clause 6.1 the Service Provider shall rectify any and all such defects at no cost to the Client.
a. Each Party undertakes that, except as provided by sub-Clause 7.2 or as authorised in writing by the other Party, it shall, at all times during the continuance of this Agreement and for 1 year after its termination:
i. keep confidential all Confidential Information;
ii. not disclose any Confidential Information to any other party;
iii. not use any Confidential Information for any purpose other than as contemplated by and subject to the terms of this Agreement;
iv. not make any copies of, record in any way or part with possession of any Confidential Information; and
v. ensure that none of its directors, officers, employees, agents, sub-contractors or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 7.1.1 to 7.1.4 above.
b. Either Party may:
i. disclose any Confidential Information to:
1. any sub-contractor or supplier of that Party;
2. any governmental or other authority or regulatory body; or
3. any employee or officer of that Party or of any of the aforementioned persons, parties or bodies;
to such extent only as is necessary for the purposes contemplated by this Agreement (including, but not limited to, the provision of the Services), or as required by law. In each case that Party shall first inform the person, party or body in question that the Confidential Information is confidential and (except where the disclosure is to any such body under sub-Clause 126.96.36.199 or any employee or officer of any such body) obtaining and submitting to the other Party a written confidentiality undertaking from the party in question. Such undertaking should be as nearly as practicable in the terms of this Clause 7, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and
i. use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is at the date of this Agreement, or at any time after that date becomes, public knowledge through no fault of that Party. In making such use or disclosure, that Party must not disclose any part of the Confidential Information that is not public knowledge.
c. The provisions of this Clause 7 shall continue in force in accordance with their terms, notwithstanding the termination of this Agreement for any reason.
a. No Party to this Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
b. In the event that a Party to this Agreement cannot perform their obligations hereunder as a result of force majeure for a continuous period of 1 month, the other Party may at its discretion terminate this Agreement by written notice at the end of that period. In the event of such termination, the Parties shall agree upon a fair and reasonable payment for all Services provided up to the date of termination. Such payment shall take into account any prior contractual commitments entered into in reliance on the performance of this Agreement.
9. TERM AND TERMINATION
a. This Agreement shall come into force on the day that the Services commence and shall continue on an ongoing basis, subject to the provisions of this Clause 9.
b. The Client shall have the right, by giving not less than 3 months written notice to the Service Provider to upgrade, downgrade or request alteration to the Services provided and the Service Provider shall have the right, by giving not less than 3 months written notice to the Client to adjust the level of Fees due in relation to the Services provided.
c. Either Party may terminate this Agreement by giving to the other not less than 3 months written notice, at any time.
d. Either Party may immediately terminate this Agreement by giving written notice to the other Party if:
i. any sum owing to that Party by the other Party under any of the provisions of this Agreement is not paid within 10 Business Days of the due date for payment;
ii. the other Party commits any other breach of any of the provisions of this Agreement and, if the breach is capable of remedy, fails to remedy it within 10 Business Days after being given written notice giving full particulars of the breach and requiring it to be remedied;
iii. an encumbrancer takes possession, or where the other Party is a company, a receiver is appointed, of any of the property or assets of that other Party;
iv. the other Party makes any voluntary arrangement with its creditors or, being a company, becomes subject to an administration order (within the meaning of the Insolvency Act 1986);
v. the other Party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation (except for the purposes of bona fide amalgamation or re-construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other Party under this Agreement);
vi. anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other Party;
vii. that other Party ceases, or threatens to cease, to carry on business; or
viii. control of that other Party is acquired by any person or connected persons not having control of that other Party on the date of this Agreement. For the purposes of this Clause 9, “control” and “connected persons” shall have the meanings ascribed thereto by Sections 1124 and 1122 respectively of the Corporation Tax Act 2010.
e. For the purposes of sub-Clause 9.4.2, a breach shall be considered capable of remedy if the Party in breach can comply with the provision in question in all respects.
f. The rights to terminate this Agreement given by this Clause 9 shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.
10. EFFECTS OF TERMINATION
Upon the termination of this Agreement for any reason:
a. any sum owing by either Party to the other under any of the provisions of this Agreement shall become immediately due and payable;
b. all Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of this Agreement shall remain in full force and effect;
c. termination shall not affect or prejudice any right to damages or other remedy which the terminating Party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any Party may have in respect of any breach of this Agreement which existed at or before the date of termination;
d. subject as provided in this Clause 10 and except in respect of any accrued rights neither Party shall be under any further obligation to the other; and
e. each Party shall (except to the extent referred to in Clause 7) immediately cease to use, either directly or indirectly, any Confidential Information, and shall immediately return to the other Party any documents in its possession or control which contain or record any Confidential Information.
11. NO WAIVER
No failure or delay by either Party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
12. FURTHER ASSURANCE
Each Party shall execute and do all such further deeds, documents and things as may be necessary to carry the provisions of this Agreement into full force and effect.
Subject to any provisions to the contrary each Party to this Agreement shall pay its own costs of and incidental to the negotiation, preparation, execution and carrying into effect of this Agreement.
Neither Party shall be entitled to set-off any sums in any manner from payments due or sums received in respect of any claim under this Agreement or any other agreement at any time.
15. ASSIGNMENT AND SUB-CONTRACTING
a. Subject to sub-Clause 15.2 This Agreement is personal to the Parties. Neither Party may assign, mortgage, charge (otherwise than by floating charge) or sub-licence or otherwise delegate any of its rights hereunder, or sub-contract or otherwise delegate any of its obligations hereunder without the written consent of the other Party, such consent not to be unreasonably withheld.
b. The Service Provider shall be entitled to perform any of the obligations undertaken by it through any other member of its group or through suitably qualified and skilled sub-contractors. Any act or omission of such other member or sub-contractor shall, for the purposes of this Agreement, be deemed to be an act or omission of the Service Provider.
a. The Parties agree that the times and dates referred to in this Agreement are for guidance only and are not of the essence of this Agreement and may be varied by mutual agreement between the Parties.
17. RELATIONSHIP OF THE PARTIES
Nothing in this Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in this Agreement.
a. Neither Party shall, for the Term of this Agreement and for a period of 6 months after its termination or expiry, employ or contract the services of any person who is or was employed or otherwise engaged by the other Party at any time in relation to this Agreement without the express written consent of that Party.
b. Neither Party shall, for the term of this Agreement and for a period of 6 months after its termination or expiry, solicit or entice away from the other Party any customer or client where any such solicitation or enticement would cause damage to the business of that Party without the express written consent of that Party.
19. THIRD PARTY RIGHTS
a. No part of this Agreement is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
b. Subject to this Clause 19 this Agreement shall continue and be binding on the transferee, successors and assigns of either Party as required.
a. All notices under this Agreement shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
b. Notices shall be deemed to have been duly given:
i. when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
ii. when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or
iii. on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
iv. on the tenth business day following mailing, if mailed by airmail, postage prepaid.In each case notices shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.
21. ENTIRE AGREEMENT
a. This Agreement contains the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.
b. Each Party acknowledges that, in entering into this Agreement, it does not rely on any representation, warranty or other provision except as expressly provided in this Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
This Agreement may be entered into in any number of counterparts and by the Parties to it on separate counterparts each of which when so executed and delivered shall be an original, but all the counterparts together shall constitute one and the same instrument.
In the event that one or more of the provisions of this Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.
24. DISPUTE RESOLUTION
a. The Parties shall attempt to resolve any dispute arising out of or relating to this Agreement through negotiations between their appointed representatives who have the authority to settle such disputes.
b. Nothing in this Clause 24 shall prohibit either Party or its affiliates from applying to a court for interim injunctive relief.
c. The Parties hereby agree that the decision and outcome of the final method of dispute resolution under this Clause 24 shall be final and binding on both Parties.
25. LAW AND JURISDICTION
a. This Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
b. Subject to the provisions of Clause 24, any dispute, controversy, proceedings or claim between the Parties relating to this Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.