Business TERMS & CONDITIONS

At The LaunchBox (TLB) we want to achieve great outcomes for you. Now, we know that reading T’s and C’s is not everyone’s favourite past-time, but it is important that we are all on the same page about how we work together so we can get the best out of our relationship. Ploughing through loads of pages of baffling jargon and legal terminology can be a bit overwhelming so, we have done our best to keep things straightforward and simple  - we’ve also added a bit of humour along the way too (who said you can’t make T’s and C’s fun – although we’ll let you be the judge of whether we’ve actually achieved that or not). 

Our T’s and C’s should take around ten mins to whizz through (we have tested this), so grab a cuppa (and maybe throw in a biscuit or two if you fancy). Here goes: 

Our T’s and C’s: 

 

Us: 

  • Services are provided by The LaunchBox Ltd (Company No.13033007). 

  • By working with us, you acknowledge that you have read, understood and agree to the T’s and C’s / descriptions of the individual services you’ve selected. We will always provide a detailed and costed scope of work (SOW) for everything we agree to do for you. We won’t go ahead with any work until you’ve signed off on SOW and cost documents. If the SOW needs adjusting for any reason along the way, we will kindly ask for you to sign off on any new versions 

  • As the world around all businesses continues to evolve and change it means that we will regularly review and update our T’s and C’s. This means they can change at any point without notice, but we will always update you of any significant changes 

  • We cannot guarantee sales or exposure for you, but we will always try our hardest. We always adopt an agile test and learn approach to everything that we do, so you can be assured that we will continually optimise all activity to get you the best results 

  • We can cancel your contract with us with 30 days notice (if we feel it isn’t working). It’s rare though because we’re very good and likeable. Likewise, you have the same authority as a client to cancel your contract with us, with 30 days notice, if you feel it isn’t working for any reason – if we’re underway with agreed work then payment for that will still be required. 

  • We will use appropriate Third Party Suppliers at TLB’s discretion. TLB can’t be liable to you the Client for any act or omission of a Third Party Supplier but we shall use reasonable efforts to mitigate the effect any act or omission the Third Party Supplier may have on the provision of services. Where TLB is aware that a failure of a Third Party Supplier’s services could cause any challenges, TLB will inform the Client of the risk in the SOW document or by any other suitable communications method.  

  • From time to time, TLB may need to procure a licence from a Third Party Licensor (e.g. a software provider) to able it to create, develop and supply the Deliverables to the Client. The Client shall be liable and remain liable for all licence fees payable to the Third Party Licensors at any time. 

  • We promise to always be honest, kind and respectful (this works both ways, so you’ll see this repeated again below in the client section 😊) 

  • There are times when things happen that are outside of everyone’s control, yours and ours (Covid-19 being a rather notable recent example of such things), but we will always endeavour to complete our commitments in accordance with the scope of work. And, we’re all grown-ups, so if anything happens, either side, that means things need adjusting or refining a little then we’ll work with you to find the best solution. 

  • Where TLB provides research and insight Services, the following provisions shall apply: (a) TLB will comply with the requirements of the Market Services Society code of conduct (MSS Code) when providing these Services to the Client, save where amended by the Conditions; (b) Where the personal data required to provide these Services is provided by the Client, both the Client and TLB will comply with the UK Data Protection Legislation when using and processing this personal data; and (c) Where TLB is under a duty to protect the anonymity of any respondents to the research (for example in accordance with the MSS Code) TLB shall only provide the Client with anonymise data. The Client shall not attempt to link any data to the identity of any respondent. 

  • Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation. The parties acknowledge that for the purposes of the Data Protection Legislation, the Client is the controller and TLB is the processor. Unless the parties agree otherwise in writing, TLB will retain any personal data supplied by the Client for a period of three months after the Project Delivery Date. Where the personal data is deemed by TLB to be particularly sensitive, the period shall be one week after the Project Delivery Date. The Client consents to TLB appointing its suppliers, agents, contractors or freelancers as a third party processors of personal data under this Agreement. TLB confirms that it has entered or (as the case may be) will enter with the third party processors into a written agreement to reflect the requirements of the Data Protection Legislation. As between the Client and TLB, TLB shall remain fully liable for all acts or omissions of any third party processor appointed by it pursuant to this clause. Either party may, at any time on not less than 30 days' notice, revise this clause by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when replaced by attachment to this Agreement). 

  • Intellectual Property Rights and Use. All Intellectual Property Rights in or arising out of or in connection with the Brand Design Services shall be owned by TLB or its licensors. TLB will, in so far as it is able and upon payment of the Charges arising in respect of the Brand Design Services, assign to the Client the Intellectual Property Rights in the Branding Deliverables. TLB will not assign any Intellectual Property Rights contained within the Branding Deliverables which are owned by a Third Party Licensor but will use its reasonable endeavours to procure a licence for the Client to use them in connection with its business. The Client will be responsible to pay the Third Party Licensors Fees in respect of any licence granted. Before using the Branding Deliverables, the Client must investigate and satisfy itself that the Branding Deliverables do not in any way infringe the Intellectual Property Rights of any third party. TLB does not conduct such investigations but may upon request provide details of other organisations that may provide such investigation services. TLB shall not be liable for any dispute arising from or in connection with the use or infringement of any Intellectual Property Rights of any third party, arising from the provision of Brand Design Services. TLB will not provide legal advice upon how the Client may protect the copyright or other Intellectual Property Rights in the Brand Deliverables and the Client must seek their own legal advice on protecting their Intellectual Property Rights in the Brand Deliverables including copyright in any branding, design, logos or other images or content that may arise as a result of TLB performance of the Services. TLB may, upon request, provide the Client with details of other organisations that may provide the Client with such advice at the Client’s own cost, but TLB shall not be liable in respect of any advice given by any such organisation. 

  • TLB will use reasonable endeavours to ensure that when providing the Services, it will: (a) keep administrative passwords safe and secure from unauthorised access, which shall include changing passwords regularly; (b) ensure that any personnel who leave TLB do not have administrative access rights and keep the Client informed of any changes to any administrative passwords; and (c) ensure that any Deliverables will be reasonably transparent to users as being marketing in accordance with good practice by using hashtag disclosures where reasonably necessary. The Client authorises TLB to collect and use data gathered with respect to one or more of the Client’s owned, operated or affiliated websites (websites). The Client warrants that each of its websites makes reference to a privacy policy which enables TLB to process and use data gathered in accordance with these T&C’s without restriction (provided that use complies with UK Data Protection Legislation). Where the Client requires TLB to provide Digital Marketing, including SEO, Services, it shall: (a) provide relevant keywords; (b) be responsible for the determination of infringement or non-infringement of any trademarks supplied; (c) accept and acknowledge that TLB shall have no control over the exact positioning and traffic from search results and cannot guarantee any placing, rank or position within search engine results; and (d) be responsible for any coding necessary to its websites which may be necessary to enable TLB to perform the Search Engine Optimisation Services. 

  • Before TLB is able to provide any Services to Clients, you will be required to pay an agreed deposit towards the Services. The amount of the deposit and the date or stage when it shall be paid will be set out in the quotation document.

  • Clients should pay invoice's submitted to it by TLB as indicated on the invoice and the initial quotation for services (unless otherwise agreed in writing with TLB) 

  • VAT is added to all of our fees  

  • Confidentiality: we will always ask clients to sign NDA’s as appropriate and we will happily sign yours too. We are used to working with sensitive information and will always work respectfully, professionally and diligently when handling confidential matters. 

  • If we feel there are any conflicts of interest, we will always flag these with our clients before embarking on any work.  

You 

  • You promise to always be honest, kind and respectful (we promise the same in return – big hugs 😊) 

  • You acknowledge that you know we work very hard for our clients and are experts at what we do. Where our expertise starts and stops, we’ll always tell you. If we are not able to provide a service you need, then we more often than not will know a person who can and will point you in their direction 

  • You agree that you understand our ways of working (our processes, our software) and that if you aren’t clear about how we operate, you will ask for clarity (and we will always try our best to give it) 

  • If you work with any other agencies, it is important for you to share details so we can ensure we a) collaborate appropriately and b) avoid any duplication or cross-over of work  

  • We can’t be held responsible for your organisational/business strategy, reputation or branding; of course we can help you with some of these and steer you but final decision making and accountability will always sit with you as business owners (we will be your partner and help support you to make informed decisions though, of that you can be sure)  

  • If we aren’t able to start or complete your agreed SOW due to your actions (or lack thereof) those services are still chargeable. We will always do our best to accommodate moving goal-posts, but we can’t always guarantee 

  • If an invoice is unpaid by the agreed due date, then we may have to put your services on hold until the balance is paid – but let’s have an open and honest if that’s going to be the case 

  • All content produced by us remains our property 

  • We may wish to use your branding, images, and case studies of our work with you for our own use, including (but not limited to) press releases, social media, award entries and other publicity materials - but we’ll talk about this before we do to gain agreement and approval 

  • We’ll add you to our client and general newsletter to keep you updated on TLB activities – you can unsubscribe at any time (but we hope you don’t as we have lots of interesting stuff to say and share with our wonderful clients – it’s also a good way of us all networking) 

 

Our website (this is a tad technical - sorry! But it is the last section (yey!) so get that final biscuit at the ready) 

  • Links to our site must be fair and lawful and agreed with TLB before adding. You must not take unfair advantage of our reputation or attempt to damage our reputation 

  • You must not link to our site in a manner that suggests any association with us (where there is none) or any endorsement or approval from us (where there is none) 

  • Your link should not use any logos or trademarks displayed on our site without our express written permission 

  • You must not frame or embed our site on another website without our express written permission 

  • You may not link to our site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that we deem to be otherwise objectionable 

  • Links to other websites may be included on our site. Unless expressly stated, these sites are not under our control. We accept no responsibility or liability for the content of third-party websites 

  • The inclusion of a link to another website on our site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it 

  • We make reasonable efforts to ensure that the content on our own website is complete, accurate, and up to date, but we make no warranties, representations, or guarantees (express or implied) that this will always be the case