Terms & Conditions.
Last updated March 27, 2025
1. Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you, user, client), and AM&Co. (we, us), concerning your access to and use of the AM&Co. (amandco.uk) website and by extension any site hosted through us as well as any related applications (the Site), and any services provided by us.
The Site provide the following services: Graphic Design, Web Design and Hosting (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions. For ‘Supply of Services’ terms see sections 9 through to 11 below.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated ‘Revised’ date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
1.3 We may update or change the Site from time to time to reflect changes to our services, our users’ needs and/or our business priorities.
1.4 Our site is directed to people residing in the United Kingdom. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which should subject us to any registration requirement within such jurisdiction or country.
1.5 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
2. Acceptable Use
2.1 You may not access or use the Site for any purpose other than that for which we make the Site and our service available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
2.2 As a user of this Site, you agree not to:
• Systematically retrieve data or other content from the Site to compile a database or directory without written permission from us.
• Make any unauthorised use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretences.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
• Engage in any automated use of the system. For example, using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Make improper use of our support services, or submit false reports of abuse or misconduct.
• Impersonate or attempt to impersonate another user or person, or use the username of another user.
• Sell or otherwise transfer your profile.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Attempt to access any portions of the Site that you are restricted from accessing.
• Harass, intimidate, annoy, or threaten any of our employees, agents, or other users.
• Delete the copyright or other proprietary rights notice from any of the content.
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, Javascript, or other code.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism.
• Launch, use, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use the site in a manner inconsistent with any applicable laws or regulations.
• Misrepresent experience, skills, or information about a User.
• Advertise products or services not intended by us.
• Using the site for the purpose of data warehousing such as (but not limited to) storage of backup or archival data, mirror sites, or personal multimedia content such as photos, movies, music, or any other media.
• Threaten users with negative feedback or offering services solely to give positive feedback to users.
• Using the site for the purpose of peer-to-peer file or media sharing, streaming, Torrenting, Tor or other similar forms of data transmission.
• Falsely imply a relationship with us or another company with whom you do not have a relationship.
3. Information you provide to us
3.1 You represent and warrant that:
(a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party;
(b) you will maintain the accuracy of such information and promptly update such information as necessary;
(c) you will keep your password confidential and will be responsible for all use of your password and account;
(d) you have the legal capacity and you agree to comply with these Terms and Conditions; and
(e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at info[at]amandco.uk
3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
3.3 As part of the functionality of the Site, you may link your account with online accounts you may have with third party service providers (each such account, a Third Party Account) by either:
(a) providing your Third Party Account login information through the Site; or
(b) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
3.4 By granting us access to any Third Party Accounts, you understand that:
(a) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists; and
(b) we may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account.
Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Site. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Site.
You will have the ability to disable the connection between your account on the Site and your Third Party Accounts at any time. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content.
4. Content you provide to us
4.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.
4.2 In posting User Content, including reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy (Clause 2 above).
4.3 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
4.4 We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.
4.5 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values.
4.6 If you wish to complain about User Content uploaded by other users please contact us at info[at]amandco.uk.
5. Our Content
5.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.
5.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
5.3 Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
5.4 You shall not:
(a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or
(b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
5.5 We shall:
(a) prepare the Site and Our Content with reasonable skill and care; and
(b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.
5.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
5.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
6. Site Management
6.1 We reserve the right at our sole discretion, to:
(i) monitor the Site for breaches of these Terms and Conditions;
(ii) take appropriate legal action against anyone in breach of applicable laws or Terms and Conditions;
(iii) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions;
(iv) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and
(v) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
6.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
6.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
7. Modifications to and availability of the Site
7.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
7.2 We cannot guarantee the Site and Services will be available at all times. We may experience software, hardware, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
7.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
8. Disclaimer/Limitation of Liability
8.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any:
(i) errors or omissions in content;
(ii) any unauthorised access to or use of our servers and/or any and all personal information and/or financial information stored on our server;
(iii) any interruption or cessation of transmission to or from the site or services; and/or
(iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party.
We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
8.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £5000 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising.
If you are a business user:
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our Site/Services; or
• use of or reliance on any content displayed on our Site.
In particular, we will not be liable for:
• business interruption;
• loss of profits, sales, business, or revenue;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
If you are a consumer user:
• Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
8.3 Neither party shall be liable for failure to perform, nor be deemed to be in default, under this Agreement for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of Governmental authorities, acts of terrorism, acts of God, natural catastrophe, storm, flood, fire, earthquake, insurrection, civil disturbance, riot, sabotage, blockade, embargo, acts of war, accident, epidemics, electromagnetic interference, lightning damage, radio interference, industrial dispute, strikes, power failure or any other cause beyond its reasonable control.
9. Supply of Services
9.1 These Terms and Conditions apply to the following services, provided by the Supplier:
(a) Branding
• Research
• Identity design including logos
• Branding guidelines
(b) Graphic Design
• Exhibition
• Large format
• Branded newsletter, digital or otherwise
(c) Web
• Website design (Clause 9.7)
• Website development
• Website hosting (Clause 9.8)
• Digital advertising
• Domain registration (Clause 9.9)
• Search engine submission (Clause 9.10)
(d) Illustration
• Infographics
• Illustration
(e) Design for Print
• Business Stationary
• Menu design
• Flyer design
• Poster design
• Brochure design
• Large format graphics
• Display for events
• Banners
• Point of sale
(f) Social Media
• Graphics
• Animations
• Profile graphics and banners
(g) Video
• Video editing
• Motion graphics
• Animation
9.2 We shall use all reasonable endeavours to meet any performance dates specified in the Proposal or quotation, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
9.3 Where applicable to relevant services, we agree to provide 2 sets of revisions within the agreed price for each sub category service listed at clause 9.1. Any further work required, addition to this, will be charged on an hourly rate basis, see Clause 11;
9.4 We reserve the right to amend the Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and we shall notify the Client in any such event.
9.5 We are entitled to (with no objection permitted from you) place a small credit on printed material, exhibition displays, advertisements and/or a link to our own website on your website, should we decide. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
9.6 We are permitted to place websites and other designs, along with a link to your site on our own website for demonstration purposes and to use any designs in its own publicity and portfolios.
9.7 We require that a template is approved by you before coding of a site commences. Once the template(s) for the website are approved by you, coding will commence. Any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge (see Clause 11.1). Upon completion of the web design you will be provided with the opportunity to review the same. We permit one set of minor revisions, at no extra charge, on the proviso that these are provided within 14 days of the start of the review period. These minor revisions include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor revisions can be notified to us by e-mail. Should no notification of revisions be submitted to us within 30 days of the review period, then we will consider that you have accepted the original draft and will require payment in full.
9.8 We offer limited hosting services through an out-sourced virtual server. We do not guarantee continuous service and will accept no liability for loss of service, whatever the cause. We reserve the right to request that you change the type of hosting account used, if that account is deemed by us to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on our virtual server are due at the commencement of any period of service and are non-refundable. Such fees which are due to a third party hosting organisation are your responsibility. We are not liable for their payment, nor for the renewal of domain names which are the sole responsibility of yours or the domain owner.
9.9 We are unable to guarantee the availability of any domain name. Where we are required to register a domain name on your behalf, we will use our best endeavours to do so, but you should not assume a successful registration. We will therefore notify you should your domain of choice not be available and offer the best alternatives.
9.10 We cannot guarantee any particular placement in search engine rankings, due to the infinite number of considerations that search engines use when determining a site’s ranking. Acceptance by any search engine cannot be guaranteed and upon acceptance by a site, the time it takes to appear in search results will vary from one search engine to another. Rankings will also vary as new sites are added. We recommend that you use a professional SEO company.
9.11 We warrant to you that the Services will be provided using reasonable care and skill.
9.12 If we are required to supply goods and/or services supplied by a third party, we do not give any warranty, guarantee or other term or condition as to the quality, fitness for purpose or otherwise, but shall, where possible, pass on to you the benefit of any warranty, guarantee or indemnity given by such third party to the Supplier.
9.13 We reserve the right to submit a new and separate proposal, for written approval if the Client requests changes or revisions which are deemed to be in excess of ten percent (10%) of the time required to produce the initial deliverables, and or the value or scope of the services. Work shall not begin on the revised services until a fully signed revised proposal and, if required, any additional retainer fees are agreed.
10. Your Obligations
10.1 You shall:
(a) ensure that the terms of the Order and any information it provides is complete and accurate;
(b) co-operate with us in all matters relating to the Services;
(c) provide us (including employees, agents, consultants and subcontractors), with access to your premises, office, accommodation, and other facilities as reasonably required by us to fulfil our Services;
(d) provide us with such information and materials as we may reasonably require in order to supply the Goods and Services, and ensure that such information is complete and accurate in all material respects;
(e) where applicable, provide us with copy and content (all text is to be provided to us in electronic format as standard text (.txt), MS Word (.docx) or via e-mail);
(f) provide us with relevant high resolution (of a quality of a minimum of 300 dpi or above) images (where applicable) to allow us to supply the agreed Services and/or Goods. If you are unable to do so, we are able to provide the same, upon agreement, for the cost of £6 per image, which is subject to change, dependent upon the type of photography and/or should a photographer be required;
(g) you grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you, to us, for the term of the Contract for the purpose of providing the Services to you.
(h) where a Website is being supplied, provide us with hosting information, relevant logins and passwords, plus logins for domains;
(i) obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
(j) keep all materials, equipment, documents and other property of ours (Our Materials) at your premises in safe custody at its own risk, maintain Our Materials in good condition until returned to us, and not dispose of or use Our Materials other than in accordance with our written instructions or authorisation;
(k) comply with all applicable laws, including health and safety laws;
(l) accept that we cannot be held responsible for the quality of any images which you wish to use, which are scanned from printed materials;
(m) understand that additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, videography, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images;
(n) test the site for functionality within the timeframe specified, when instructed to do so by us;
(o) when requested by us to do so, will review deliverables within the time identified for such reviews and to promptly either:
(i) approve the deliverables in writing; or
(ii) provide clear written comments and/or corrections identifying any relevant amendments, or objections.
(p) maintain regular contact (in writing and/or via telephone) with us and understand that failure to do so and supply requested information within a 21 day period shall result in us requesting payment for the project in full;
(q) retain duplicate copies of all documents, materials and data or other information provided to us at its own expense;
10.2 If the performance of any of our obligations under the Contract is prevented or delayed by any act or omission by you or your agents, sub-contractors or employees, or by failure by you to perform any relevant obligation (Client Default):
(a) without limiting or affecting any other right or remedy available to us, we shall have the right to suspend performance of the Services until you remedy the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations in each case to the extent the Client Default prevents or delays our performance of any of its obligations;
(b) we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this Clause 10.2;
(c) you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Client Default.
11. Charges and Payment
11.1 The Charges:
• for Goods & Services shall be calculated on a time and materials basis;
• shall be calculated in accordance with our fee and Payment will be required in accordance with clause 11.3;
• and price for Goods shall be exclusive of all costs and charges of packaging, insurance, transport of the Goods, which shall be invoiced to you, if necessary.
Our Services (see Clause 9.1) will be charged in the following manner:
• General day rate is £250 for jobs outside of pre-agreed proposals, which can (if we choose) be broken down into half days. Any work that is required below half a day will be charged at £35 per hour.
• Priority Rate (P): In the event that a proposal has a very tight deadline and/or work is undertaken on weekends or bank holidays then a priority rate shall be applied which is time and a half of the rates listed above.
Pre-agreed proposal payments shall be structured as follows;
• Orders with a value of under £200 – payment is required upon completion and within 30 calendar days of the date of the our invoice;
• Orders with a value between £200 and £2000 – 50% of payment is required prior to commencement (non-refundable), with the remaining 50% payable upon completion, within 30 calendar days of the date of our invoice
• Orders with a value over £2000 – 50% payment is required prior to commencement (non-refundable), with a further 25% at a point specified by us and the remaining 25% payable upon completion, within 30 calendar days of the date our invoice.
Any additional work that is required, which is not agreed within the proposal, will be done so on our hourly rate of £35 per hour, or in the case of website work £50 per hour, with 1 hour being the minimum amount.
11.2 We reserve the right to:
(a) increase the charges for the Services on an annual basis with effect from each anniversary of the commencement date in line with the percentage increase in the Retail Prices Index in the preceding 12-month period and the first such increase shall take effect on the first anniversary of the Commencement Date and shall be the latest available figure for the percentage increase in the Retail Prices Index;
(b) increase the price of the Goods, by giving notice to you at any time before delivery, to reflect any increase in the cost of the Goods to us that is due to:
(i) any factor beyond the control of ours (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
(ii) any request by you to change the delivery date(s), quantities or types of Goods ordered, or the Goods Specification; or
(iii) any delay caused by any instructions of yours in respect of the Goods or failure of you to give us adequate or accurate information or instructions in respect of the Goods.
11.3 You shall pay each invoice submitted by us in full and in cleared funds to a bank account nominated in writing by us, and time for payment shall be of the essence of the Contract.
11.4 All amounts payable by you under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by us to you, you shall, on receipt of a valid VAT invoice from us, pay to us such additional amounts in respect of VAT as are chargeable on the supply of the Services or Goods at the same time as payment is due for the supply of the Services or Goods.
11.5 If you fail to make a payment due to us under the Contract by the due date, then, without limiting our remedies under Clause 13 (Termination of Services and Goods), you shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this (Clause 11.5) will accrue each day at 8% a year above the Bank of England’s base rate, but at 8% a year for any period when that base rate is below 0%.
11.6 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
12. Termination of Website User Services
12.1 These Terms and Conditions shall remain in full force and effect while you use the Site or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at info[at]amandco.uk.
12.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
12.3 If we terminate or suspend your account for any reason set out in this Clause 12, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
13. Termination of Services and Goods
13.1 Without affecting any other right or remedy available to it, either party may terminate the Contract by giving the other party 30 days written notice.
13.2 Without affecting any other right or remedy available to it, we may terminate the Contract with immediate effect by giving written notice to the other party if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 48 hours of that party being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you take any step or action in connection with entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;
(d) you suspend, or threaten to suspend, or cease or threaten to cease to carry on all or a substantial part of your business;
(e) your financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; or
(f) there is a change of control of the Client
13.3 Without affecting any other right or remedy available to it, you may terminate the Contract by providing 7 days written notice to us if:
(a) we commit a material breach of our obligations under the Contract and (if such breach is remediable) fails to remedy that breach within 7 days after receipt of notice in writing to do so;
(b) we take any step or action in connection with entering administration, provisional liquidation or any composition or arrangement with our creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of our assets or ceasing to carry on business
(c) we suspend, or threaten to suspend, or cease or threaten to cease to carry on all or a substantial part of our business.
13.4 Without affecting any other right or remedy available, we may suspend the supply of Services under the Contract or any other contract between you and us, if you fail to pay any amount due under the Contract on the due date for payment, you become subject to any of the events listed in Clause 13.2(c) to Clause 13.2(f), or we reasonably believe that you are about to become subject to any of them.
14. Consequences of Termination
14.1 On termination of the Contract:
(a) you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of Goods and Services supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt;
(b) you shall return all of Our Materials and any Deliverables which have not been fully paid for. If you fail to do so, then we may enter your premises and take possession of them. Until they have been returned, you shall be solely responsible for their safe keeping and will not use them for any purpose not connected with the Contract.
14.2 Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
14.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.
15. General
15.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
15.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
15.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
15.4 We may assign any or all of our rights and obligations to others at any time.
15.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control including, but not limited to, events stated in Clause 8.3.
15.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
15.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
15.8 For consumers only – Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction expect that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
15.9 For business users only – If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
15.10 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
15.11 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at info[at]amandco.uk.
