These Terms of Business and Conditions apply to all website development, digital product development, consultancy, and design services provided by Business Mantra Limited (“we”, “us”, “our”) to the Client (“you”, “the Client”).
Acceptance
It is not necessary for any Client to have signed an acceptance of these Terms and Conditions for them to apply. If a Client accepts a quotation, places an order, or uses our services, the Client will be deemed to have satisfied themselves as to these Terms and Conditions and to have accepted them in full.
Please read these Terms and Conditions carefully. Any purchase or use of our services implies that you have read and accepted these Terms and Conditions.
Digital Product Development
Charges for services to be provided by Business Mantra Limited are defined in the project quotation that the Client receives via email, text, WhatsApp, or verbally by a Director of the company. Quotations are valid for a period of thirty (30) days. Business Mantra Limited reserves the right to alter or decline to provide a quotation after expiry of this period.
Unless otherwise agreed with the Client, all projects require an advance payment of a minimum of fifty percent (50%) on commissioning the project and before work is supplied to the Client for review. The final fifty percent (50%) of the total is due upon completion of the work or release of materials.
Client Review
Business Mantra Limited will provide Clients with an opportunity to review deliverables and collect feedback prior to final submission. At the completion of the project, materials shall be deemed to be accepted and approved unless the Client notifies Business Mantra Limited otherwise within ten (10) days of the date the materials are made available.
Quoted projects typically include an allowance for minor tweaks and updates; however, several changes or significant time spent making changes post-launch will be charged on an hourly basis. We will notify Clients of these charges before undertaking such work.
Turnaround Time and Content Control
Business Mantra Limited will work in accordance with the terms specified in the proposal document, including timeframe, associated costs, and contingencies. Assumptions will be clearly specified in the proposal documentation.
The Client will typically agree to delegate a single individual as a primary contact to aid Business Mantra Limited in progressing the commission efficiently and satisfactorily.
Payment
Invoices will be provided upon completion of work and are generally issued digitally. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the invoice date may be assessed a service charge of two and one-half percent (2.5%) of the total amount due.
Additional Expenses
The Client agrees to reimburse Business Mantra Limited for any additional expenses necessary for the completion of the work, provided such expenses have been agreed with the Client in advance of procurement.
Default
Accounts unpaid thirty (30) days after the invoice date will be considered in default. Clients with accounts in default agree to pay Business Mantra Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred in enforcing these Terms and Conditions.
Termination
Termination of services by the Client must be requested in writing and will be effective upon receipt of such notice. Email or telephone requests for termination will not be honoured unless confirmed in writing.
In the event of termination, the Client will be invoiced for work completed up to the date of first notice of cancellation. Cancellation for payment in full within thirty (30) days applies. Termination resulting in migration of files or digital assets designed and developed by Business Mantra Limited will attract a nominal fee of ten percent (10%) of the project value.
Indemnity
All Business Mantra Limited services may be used for lawful purposes only. The Client agrees to indemnify and hold Business Mantra Limited harmless from any claims, damages, losses, or liabilities resulting from the Client’s use of the services, including claims brought by third parties.
This indemnity applies to services offered, provided, or configured by Business Mantra Limited for use in the UK and globally.
Copyright
The Client retains copyright to data, files, and graphic logos provided by the Client and grants Business Mantra Limited the right to publish and use such material for the purpose of delivering the services.
The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is fully responsible for granting Business Mantra Limited permission and rights to use such materials and agrees to indemnify and hold Business Mantra Limited harmless from any claims arising from the Client’s negligence or inability to obtain proper copyright permissions.
Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that all text will be provided by the Client in electronic format (ASCII text files delivered digitally or via FTP) and that all artefacts will be provided in good-quality formats suitable for scanning or electronic use (e.g. .jpg, .png, .tiff).
Although every reasonable attempt shall be made to return original images or printed material provided by the Client, such return cannot be guaranteed.
Design Credit
Typically all reports and artefacts will carry our branding. We are happy to work on a white-label basis where required and agreed in writing.
Post-Placement Alterations
Business Mantra Limited cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to, additions, modifications, or deletions.
Data Protection and Privacy
Each party agrees to comply with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
Where Business Mantra Limited processes personal data on behalf of the Client in the course of providing services, Business Mantra Limited shall act as a Data Processor and the Client shall act as the Data Controller, unless otherwise agreed in writing.
Personal data shall be processed solely in accordance with the Client’s documented instructions and applicable contractual terms, including any agreed Data Processing Addendum (DPA).
Confidentiality and Client Systems
Business Mantra Limited agrees to treat all Client confidential information and data as confidential and to use such information solely for the purpose of delivering the agreed services.
Where the Client provides managed devices, accounts, systems, or secure environments, all services shall be performed exclusively within those client-approved systems. Business Mantra Limited shall not retain Client data on local devices, personal equipment, or unmanaged systems.
Privacy Policy
Further details on how personal data is handled are set out in our Privacy Policy, which forms part of these Terms and Conditions and is available on our website.
Governing Law
This Agreement shall be governed by and construed in accordance with English law.
Liability
Business Mantra Limited hereby excludes itself, its employees, and agents from all and any liability arising from:
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Loss or damage caused by any inaccuracy
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Loss or damage caused by an omission
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Loss or damage caused by delay or error, whether the result of negligence or otherwise
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Loss or damage to client artwork, photos, or materials supplied for the site
The entire liability of Business Mantra Limited to the Client in respect of any claim whatsoever arising out of breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the services under this Agreement in respect of which the breach has arisen.
Severability
In the event that any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. Any invalid provision shall be replaced by a valid provision that most closely reflects the original intent.
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