Terms & Conditions
Accepting a quotation, estimate & invoice with Eseriani or purchasing a service online via the website www.eseriani.com constitutes agreement and full acceptance of the Terms and Conditions stated below.
“The Contract” means any agreement for the provision of Services and/or Materials by Eseriani to the Client.
“Client” shall mean any party who enters into a contract with Eseriani.
“Business Day” means any day which is not a Saturday, Sunday or a bank or public holiday in England.
"Service" means the services Eseriani will provide to the Client as specified in the Contract.
“Estimate” means any estimate or revised estimate sent to the Client by Eseriani by email detailing, inter alia, the description and price of the Materials and/or Services.
"Online Packages" means the packaged offers proposed at fixed costs on the website Offers page and which are paid online with Paypal.
“Proposal” means the order form, estimate or specifications document completed and signed by the Customer; this Proposal may refer to supporting documentation providing detail and scope for the project.
“Deliverable” means a set of goods or services that may be delivered at one time, for example: a design draft, a collection of printed items, a marketing plan document, a consultation meeting, a website project or other electronic content.
"Agency" and "Eseriani" shall mean Eseriani, a sole trader registered with HM Revenue and Customs (HMRC) and that is offering marketing consultancy and digital marketing services to the Client.
Applicable Terms & Conditions
2.2 Eseriani will only commence work once an order has been placed. An order is deemed to be a signed Estimate or a written contract between Eseriani and the Client. Estimates are valid for 30 days from the date on the estimate, unless otherwise stated on the Estimate or contract.
2.3 Any services proposed on weekly or monthly basis are understood to be provided during Business Days.
The Agency reserves the right to refuse to handle in any way, material which may be deemed obscene or pornographic, contains abusive or offensive language, anything that may be construed as threatening or defamatory or any material to which the Client has no rights. The client must guarantee that any elements of text, graphics, video, photos, designs, trademarks, or other artwork provided are either owned by the client or that they have written permission to use them.
Eseriani accepts no responsibility for copyright infringements caused by materials used and submitted to Eseriani by the Client.
The above rates do not apply on Bank Holidays and outside working hours, which will be charged at extra costs . The client will receive information on the progress of the work, by email or any other means of communication, and a final invoice with the number of days worked will be raised.
7.2. When style, type or layout is left to Eseriani’s judgment, any changes made by the Client shall be charged as extra items and shall be invoiced to the Client at the Agency’s then current hourly rate.
7.3. If the Client fails to notify Eseriani of any amendments, the Client shall be deemed to have checked and accepted the proof and Eseriani shall have no liability in respect of claims, charges or variations subsequently necessitated.
9.2 Eseriani requires that prior notice be given for any alterations relating to the Client’s website(s) that may affect the services supplied by Eseriani. If alterations are made by the Client or a third party to the Client’s site(s), Eseriani cannot be held responsible for the consequences that would result from such alterations.
9.3 In the event that the Client fails to undertake those acts or provide those materials required under this clause 8, Eseriani shall be entitled to invoice for the Services that it has supplied, and the remaining Services specified in the Proposal, Order, Estimate or Invoice whether or not Eseriani has been able to deliver them.
- Under £600, Client agrees to pay for invoices in full beforehand.
- Over £600, Client agrees to abide by the conditions stated in his issued estimate or invoice.
* First instalment must be paid upon work approval (written approval required) and
* All outstanding balance / final instalment payment must be cleared before delivery to initiate the transfer of the completed work, unless stated otherwise on the client's estimate. Client agrees to adhere to the terms stated on the invoice.
- All deposit payments are non-refundable.
- All consultancy invoices and service purchased online via Eseriani's website are payable upfront, unless otherwise agreed.
10.2 All package plans proposed on the website shall be purchased online via the Paypal button provided (unless agreed otherwise, especially when Paypal is not available in your home country). Any Subscription (Subscribe button) is a 2 months minimum plan to benefit from the proposed online deals. Payments are due per month and will automatically be renewed. After the initial period of 2 months, the Client can cancel his subscription anytime. Should the Client wishes to continue the service, there is nothing to do, the chosen package will automatically renew until Client's cancellation by email notice. There will be no refund of already paid subscriptions if the Pack is cancelled before the end of your billing period.
10.3 Eseriani reserves the right to refuse completion or delivery of work until past due balances are paid. The Client shall pay to Eseriani any costs, charges and expenses directly or indirectly incurred in obtaining or otherwise enforcing payment of outstanding accounts.
10.4 If the Customer fails to make payment on a due date then without prejudice to any other right or remedy available to Eseriani, Eseriani shall be entitled to suspend or terminate the Service.
10.4.1 Should a payment be late by 30 or more days, Eseriani may terminate the Service.
10.4.2 In the event that any payments due under these terms and conditions become overdue, interest on such amounts shall be payable by the Client under the conditions stated on the estimate or invoice sent to the Client.
11.2 Third party materials, such as imagery, used in the deliverables may be subject to usage liabilities such as royalties and license fees. Eseriani shall procure such license as necessary for the use of third party materials for use within the scope of the Proposal. Some images may be subject to copyright that the Client agrees to comply with.
11.3 The Customer should obtain written consent from Eseriani for use of any part of the deliverables outside of the scope of the Proposal. The client shall not alter, retouch, damage or reproduce the work in any other form without the written permission of Eseriani.
11.4 Unless otherwise stated in the Proposal, Eseriani reserves the continuing right to use any deliverables it produces for the promotion of its services.
13.1.2. Eseriani shall not be liable to the Client for any loss or damage, costs or expenses (whether direct, indirect, incidental or consequential and whether relating to loss of profit, loss of business, business interruption, loss of data, depletion of goodwill or other such losses), suffered by the Client which arise out of or in connection with the supply of the Service or their use by the Client.
13.3. Eseriani shall not be liable for any loss, damage or delay which arises as a result of the termination of the contract between the parties, or for our compliance with relevant statutory or regulatory requirements.
13.4. The Customer assumes all risks as to the suitability, quality, and performance of the Service.
13.5 It is the responsibility of the Client to ensure that the deliverables comply with all laws, regulations and codes in all countries where the deliverables are used. The Client agrees to indemnify Eseriani against any costs arising from the use or misuse of the deliverables.
Eseriani will not be responsible for failure on the supplier's part.
Any dispute between the Client and the Party hosting the website will be dealt with in accordance with Clause 13 - 16 & 17 above.
The back ups exclude all data files uploaded using FTP account(s) and the Client agrees that it is their responsibility to save all files transmitted and to make all the necessary back ups or save all files in a secure place. Eseriani will accept no responsibility whatsoever for loss of data, files or information resulting from the use of the service delivered by Eseriani.
After delivery, the Client is responsible for the maintenance of their WordPress application software and plug-ins and security patches.
In the event where the Client has required a third party to intervene on their files after Eseriani has delivered the service and, in the opinion of Eseriani, their website or work has been damaged or may be insecure, Eserini reserves the right not to intervene until the Client has agreed to rectify such issues.
Any dispute between the Client and any Third Party that has intervene on the Client's files after Eseriani has delivered its service, will be dealt with in accordance with Clause 12 - 15 & 16 above.
* 14 days and more before the agreed start date, 50% of the total amount will be due
* 13 to 7 days before the agreed start date, 75% of the total amount will be due
* cancellation under 7 days before the agreed start date, 100% of the total amount will be due
Should the client decide to cancel the assignment midway, without demonstrating gross negligence, or giving opportunity to rectify, then the entire sum of the assignment will be due.