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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.

Definitions

“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
  • 1. Fees For each project, the Client will receive an estimate outlining the project specifications and estimated fees. The client agrees to pay Eseriani in accordance with the terms specified in each proposal or estimate. 
 
  • 2. Estimate
2.1 Estimates are based on the client’s current costs of production and, unless otherwise agreed, the Agency reserves the right to amend on or at any time after acceptance of an Estimate on giving notice to meet any rise or all in such costs which is due to any factor beyond the Eseriani’s control. 
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.

  • 3. Provision of materials
You agree to provide Eseriani with the specific copy, images and information required in order to start the work, or to advise Eseriani as to where such materials are located.

  1. Text must be provided in electronic format as text files via email, storage device or via Dropbox shared folders or web services such as wetransfer.com, preferably in MS Word (.doc) or PDF.
  2. Images and other media must be provided in .jpg, .gif, .png or bitmap formats and in high resolution (300 dpi).

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.

  • 4. Information
At all times, information provided by the Client must be current, complete and accurate in all respects. If the Client provides any false, inaccurate, or incomplete information, Eseriani reserves the right, in its sole discretion, to terminate the contract with the Client.  Eseriani shall not be liable to the Client or any third party for termination of the contract with the Client. The termination of the contract with the Client on the initiative of Eseriani cannot entail any right to reimbursements or compensation to the benefit of the Client.

  • 5. Approval
Any request for a quote will be sent by email and will include client's approximative deadline and estimated budget. Work will be provided to the client for approval and ‘sign-off’. By approving via email, Client absolve Eseriani of all liability for any errors, omissions or discrepancies which may be present on the proof.  Once the final proof is supplied, Client is not able to make any changes to the final work and extra cost will apply for any correction requested after work approval.

  • 6. Rates
Eseriani usual rates are £250 per day on working days (Monday to Friday) and £390 (Saturday and Sunday) during week-ends, if staff is either available or able to carry out the Client's requirements .  Daily rates will automatically be applied for any urgent work or special requirements or last minute fixes or unscheduled intervention or any work where an Estimate or Invoice has not been raised beforehand.

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. Proofs
7.1. Proofs of all work may be submitted for Client’s approval and Eseriani shall incur no liability for any errors not corrected by the Client in proofs so submitted. Client’s alterations and additional proofs necessitated thereby shall be charged at an extra cost.
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.

  • 8. Change of Design
Where the Service includes design work, unless otherwise stated in the Proposal or Invoice, the Purchase Price includes an allowance for three sets of changes to each deliverable. Additional changes shall be charged at the prevailing hourly rate. Any such variation shall be advised by Eseriani in writing and confirmed by the Client in writing before either the work proceeds further or any charges are incurred.

  • 9. Client's Obligations
9.1 The Client shall be obliged to inform Eseriani immediately of changes of domain names, websites, technical setup and any other material information regarding the technical infrastructure which may affect the Services delivered by Eseriani.

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.

  • 10. Payment terms & Online Packages
10.1 Where a deposit is required, Eseriani is not obliged to carry out any work before the deposit is received. In the event that any preliminary work is carried out prior to receipt of the deposit and the order is then cancelled Eseriani will invoice the Client for this work.
- 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 1 month minimum plan to benefit from the proposed online deals (unless agreed otherwise and prior to any purchase). Payments are due per month and will automatically be renewed. After the initial period of 1 month, 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. All marketing plans, including boosting Facebook posts, will be purchased outside your online package. Facebook Advertisement starts a 1GBP per day for 30 days and can be renewed and upgrated anytime (we charge a GBP £5 admin fee deducted from the amount received per budget.)
- Package payments issued other than with the Paypal online payment provided on the website, Eseriani reserves the right to charge the client of an extra admin fee per transaction (with a minimum of £18 per transaction).  
- We propose the TransferWise service as an online alternative payment (we charge a GBP £5 admin fee deducted from the amount received per transfer.)


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. Copyright
11.1 Once full payment has been made and the deliverables have completed, the ownership of the rights to the deliverables created will pass to the Customer. If otherwise, Eseriani shall retains the copyright of all individual or general artwork, illustrations, graphic design, programming, copy and website design created for 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.  

  • 12. Deadline
Knowledge of Client's deadline is essential to provide an accurate estimate. Although every effort will be made to ensure all agreed deadlines are met, Eseriani will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Eseriani and suppliers may mark up their charges in respect of work requiring overtime, rush timing,  priority scheduling and/or weekend working.

  • 13. Liability
13.1. Eseriani cannot be held responsible for issues relating to software bugs in supplied open source of paid-for software solutions . It is the Client’s responsibility to check proofs carefully for accuracy in all respects as Eseriani will not be liable for errors or omissions. Website templates purchased online for the client are proposed "as is" and will not be subject to re-coding or de-bugging work.

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.

  • 14. Force majeure
Delays caused by a state of war, riot, civil disorder, fire, industrial dispute or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of either party will not raise any liability, penalty or additional cost to both Client and Eseriani.

  • 15. Promotion
All websites designed by Eseriani will show a link to the Eseriani website near the bottom of the homepage, unless otherwise agreed.  We also reserve the right to include details of our work for clients on the Eseriani websites, blogs or any of our social media sites. This can include screen shots of the clients’ website or artwork and links to the Client website.

  • 16. Third party suppliers
Eseriani shall not be liable in respect of any act or omission of any third party and any agreement made between the Client and any third party, shall be a contract between the Client and the third party and Eseriani shall not be a party to that contract, even if Eseriani introduced the Client and the Third Party.

  • 17. Supplier's performance
The Client hereby acknowledges that certain Services rely upon goods and/or services being provided by third parties.  The Client acknowledges that the Third Party Services will be governed by that third parties’ terms and conditions and that Eseriani cannot provide any warranties in respect of the Third Party’s Services and will not be liable to the Client for any delays and/or failings in respect of the same.

Eseriani will not be responsible for failure on the supplier's part.

  • 18. Websites
Eseriani does not have control over the content of the Client’s website and shall not be liable in relation to any action made relating to inaccurate or incorrect information and shall not be liable in relation to any other action brought in relation to the content of the website.
Any dispute between the Client and the Party hosting the website will be dealt with in accordance with Clause 13 - 16 & 17 above.

  • 19. Backups
All services provided by Eseriani, including Web services, do not include backups of the Client’s SQL database and data files uploaded to the Client's server or transmitted via any other means to the Client after approval.

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.

  • 20. Breach of contract
Should the client decide the cancel the assignment before the agreed start date, compensation will be due under the below conditions
* 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.

  • 21. Confidentiality
All information sent by the client during the execution of the work will remain confidential. Eseriani undertakes to treat in the strictest confidence information or documents which are linked to the execution of the work and will not divulge materials related to the execution of the work to third parties other than persons in charge of the execution of the client's project.

  • 22. GDPR and Privacy Policy
The GDPR went into effect May 25, 2018 across the European Union. Under these regulations, companies must adhere to a new framework that creates consistent data protection rules across the EU.

  • 22.1 data collection
Your information is the data relating to you, which can be used to identify you directly or indirectly. We collect and process your information to provide and improve our Services for you, to administer your use of our Services, and to enable you to enjoy and easily navigate our Services. We will be transparent about the collection and use of your information so that you can make informed decisions. You are not required to provide us with the information that we have requested, but if you choose not to do so, in many cases we will not be able to provide you with our Products and Services or to respond to any queries you may have. This Privacy Policy applies to only those websites, products, services and applications included within the “Services” we offer and does not apply to any third-party websites. Your information is the data relating to you, which can be used to identify you directly or indirectly. We collect and process your information to provide and improve our Services for you and to administer your use of our Services.

We collect information using Cookies and Other Web Technologies. “Cookies” are small text files that are placed on your hard drive by a Web server and tell us how and when you interact with our website and pages. It also monitors aggregate usage and Web traffic routing in order to generate statistics.  Some third-party services providers that we engage (including third-party advertisers) may also place their own Cookies on your hard drive on the basis of related arrangement - please note that this Privacy Policy covers only our use of Cookies but not use of Cookies by such third parties.

  • 22.2 How we Collect and record your Information

We also may record your name, email, country, telephone and other information when you contact us by filling in forms on, by corresponding with us by phone, sending emails or calling, when sharing your details during a trade fair or during any meeting, meetups or exhibitions you may or someone from your company may attend. 

We also may record your information either directly via business cards or indirectly via softwares like Mailchimp or via third-party websites like LinkedIn, to help us keep contact with you for updates on and support, to resolve your queries or for use of our Services.

Eseraini uses a business's CRM data, 
known under the the GDPR as the “processor” of the personal data you provide to us to keep contact.

We also may record any user name, passwords, login details to connect, access and update any of your business's or personal's platform, website or service for the use of our Services. These information will be stored in our database and / or our CRM for the duration of the use of the service and for a limited period of time in case the use of our Services has been interrupted.

  • 22.2 Data Use
We also may link your  information with the data information we receive from our partners or other third parties ( such as Google Analytics, Facebook Analytics, Twitter Analytics etc.) to help smoothly facilitate our Services for you, to better understand your needs and to provide you with better Services experience.

  • 22.3 Data Shared with Third parties
In addition we may share your information with companies or individuals (like sole traders and freelancers), as well as other third parties companies (like advertisers or business partners or partner companies) that are acting as data controllers to provide external services.

  • 22.4 Websites we own
We also owns and manages external websites (www.instanttravelexperience.com) and blogs (www.thepassionofadventure.com) registered under different domain names from which we advertise our Services and also behave as a publishers for advertising service that shows advertisers' ads on those sites. This include the use of APIs and other plugins, code, specifications, documentation, technology and services. We have made updates to the terms of the specific website in connection with our compliance with the GDPR.

  • 22.5 Disclaimer and Limitation of Liability
To the maximum extent permitted by Applicable Law and without prejudice to or limiting the parties’ respective obligations under Section 22 in relation to the controlling and processing of Customer Personal Data, you expressly acknowledge and agree that Eseriani shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Eseriani has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use our Service, and/or the Site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service and/or the Site.

  • 23 Disclosure of your information
We value your privacy.  We can reassure you that your email address will be used for information and promotional emails only, we do not sell or share our database with any other organisations and your email address and any personal information is stored securely on our CRM software located on a secured server.

We never release your details to third parties by default and will only do so with your explicit consent. We process personal information that you provide to us on the basis of consent or because it is necessary for the performance of a contract to which you are party.  This could be information like your contact details, login to access specific accounts or any other information we need in order to provide the service you contracted with us. 

If you choose not to give your personal information that may delay or prohibit us from meeting our obligations / lead to us cancelling the
service, you have with us.

  • 24. Severability
If any part of these terms and conditions shall be found by any court to be invalid, the invalidity should not affect the remaining conditions and the parties shall attempt to substitute therefore invalid condition having as near the same effect as the invalid condition as shall be legally permissible.

  • 25. Jurisdiction
Any dispute between the parties shall be governed by the laws of the United Kingdom, and the parties submit to the exclusive jurisdiction of the English courts.
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