Public Terms and Conditions for We Are Kindling Ltd
Last Reviewed Date: 04/08/2024
Welcome to We Are Kindling Ltd. These terms and conditions (“Terms”) govern your use of our services. By engaging with our services, you agree to be bound by these Terms.
1. Definitions
- “Agency” refers to We Are Kindling Ltd, a company registered in Scotland, with its registered office at 272 Bath Street, Glasgow, G2 4JR.
- “Client” refers to the entity or individual engaging the Agency for services.
- “Leads” means potential sales contacts generated through the Agency’s marketing efforts.
- “CRM Tools” refers to the software and systems provided by the Agency to manage and nurture leads.
- “Campaigns” refers to the marketing efforts executed by the Agency on behalf of the Client across various digital platforms.
- “Gross Sales Value” means the total revenue generated from sales through leads provided by the Agency.
2. Services
The Agency provides digital marketing services, including lead generation and CRM tools, primarily for B2C service-based businesses. Detailed descriptions of the services offered can be found in the Service Description section of our website.
3. Payment Terms
- Upfront Fee: Clients may be required to pay an upfront fee, which will be credited against future commissions. This fee may be refundable under certain conditions as outlined below.
- Commission: Clients will pay a commission based on the net value of sales generated from the leads provided by the Agency. This will be tracked via the CRM tools provided.
- Invoicing: The Agency will issue invoices on a weekly basis. Payment terms are 7 days from the date of the invoice.
- Expenses: Any additional expenses incurred, such as advertising spend, SMS carrier fees, and email delivery fees, will be billed directly to the Client and are payable upon receipt.
4. Refund Policy
If the Agency fails to deliver a sufficient number of leads that result in sales during the initial term of the Agreement, the Client may be eligible for a refund of the upfront fee paid. The sufficiency of leads will be determined based on criteria set during the initial agreement. Clients must request a refund within 30 days of the end of the initial term by providing a detailed report of sales and lead activity to hello@wearekindling.co.uk.
5. Intellectual Property
All intellectual property created by the Agency during the provision of services remains the property of the originating party unless otherwise agreed in writing.
6. Client Obligations
Clients agree to engage with leads promptly and to follow any lead qualification processes provided by the Agency. Clients must also grant the Agency access to necessary accounts within 24 hours of signing up for services.
7. Confidentiality
Both the Agency and the Client agree to keep any confidential information shared during the provision of services confidential and not to disclose it without prior written consent.
8. Data Protection
The Agency will process personal data in accordance with applicable data protection laws, including GDPR. The Agency acts as a Data Processor, and the Client as a Data Controller.
9. Limitation of Liability
The Agency’s liability to the Client for any loss or damage arising under or in connection with the services provided shall be limited to the amount paid by the Client for the services in question.
10. Dispute Resolution
Any disputes arising under these Terms shall first be attempted to be resolved through mediation. If unresolved, disputes shall be subject to the exclusive jurisdiction of the courts of Scotland.
11. Force Majeure
The Agency will not be liable for any failure or delay in performing its obligations due to events beyond its reasonable control, such as natural disasters, acts of war, or governmental actions.
12. Notices
All notices must be sent in writing to the addresses provided by each party during the onboarding process or as updated from time to time.
13. Entire Agreement
These Terms constitute the entire agreement between the Agency and the Client regarding the services provided and supersede any prior agreements or understandings.
By using our services, you agree to these Terms. If you have any questions or concerns, please contact us at hello@wearekindling.co.uk, or by writing to us at We Are Kindling Ltd, 272 Bath Street, Glasgow, G2 4JR.