Terms and Conditions

Connect Media Group Limited is a company registered in England and Wales (company number 13734635). Its registered office is at Suite Ff10 Brooklands House, 58 Marlborough Road, Lancing, West Sussex, BN15 8AF. In these terms, "CMG", "we" and "us" mean Connect Media Group Limited, and "you" means the business that books our services.

1. About these terms

1.1 These terms apply to every service we provide. They apply together with your offer: the quotation, proposal or booking you accept, as shown in your client hub or sent to you by us. Together they make up our agreement with you.

1.2 If your offer and these terms say different things, your offer applies.

1.3 Our services are for businesses only. By booking, you confirm that you are acting for a business and not as a consumer.

1.4 These terms apply instead of any terms of your own, unless we agree otherwise in writing.

1.5 We may update these terms from time to time. Changes apply to bookings made after the change, not to bookings already made.

2. Your booking

2.1 A booking becomes binding when you accept your offer. You can accept by confirming it in your client hub, or by accepting it in writing, including by email.

2.2 The person who accepts confirms that they are authorised to do so for your business. Accepting electronically counts as signing.

3. Our services

3.1 We will provide the services described in your offer with reasonable care and skill.

3.2 We will take on work outside your offer only once we have agreed it with you, including its price.

3.3 We will not do anything we reasonably believe is unlawful, misleading or defamatory, or that would harm your interests or ours.

3.4 We may use carefully chosen third parties to deliver parts of our services. We manage them properly, but we are not responsible for their failures unless we were negligent.

3.5 We do not guarantee particular results, such as sales, enquiries, reach or response rates.

4. Your responsibilities

4.1 You will give us accurate information, and the content and materials we need, by the content deadline.

4.2 You confirm that you own, or have permission to use, everything you give us. You also confirm that using it as agreed will not infringe anyone's rights.

4.3 You are responsible for your products and services, and for the claims made about them in material you supply or approve. That includes making sure those claims are accurate and comply with the law and advertising codes.

4.4 If we do not receive your content by the content deadline, your booking still goes ahead and the price remains payable. We will do our best to help.

5. Content deadlines and approvals

5.1 Your content deadline is the deadline given in your offer and shown in your client hub.

5.2 Where work needs your approval, we will send you a proof to check. Please check it carefully. Once you approve it, you are responsible for any errors in it that you could reasonably have spotted.

5.3 Approval is time-critical. Please review proofs as soon as you receive them, because we may need to proceed at short notice to keep to your booked dates. If we have not received your approval or comments by the time we need to proceed, we may treat the latest version we sent you as approved and go ahead. We will give you as much time as we reasonably can.

6. Prices and payment

6.1 The price in your offer is the price for the services it describes. Prices exclude VAT, which we add where it applies.

6.2 Unless your offer or invoice says otherwise, invoices are due within 30 days of the invoice date. Our payment terms depend on credit approval, and we may ask for payment in advance, a deposit or shorter terms.

6.3 We may invoice in stages as work progresses.

6.4 Please pay in full, without deducting any amount you believe we owe you, unless we have agreed that amount or a court has decided it.

6.5 If you pay late, we may charge interest on the overdue amount at 1% a year above the Bank of England base rate, from the due date until you pay.

6.6 We may pause work, with notice, while any invoice is overdue.

7. Credit checks and overdue accounts

7.1 Before and during our work together, we may check your business's credit history with credit reference agencies. Our privacy policy explains what this involves.

7.2 We may pass overdue amounts to a debt collection agency or a solicitor.

7.3 If we have to take steps to recover an overdue amount, you will pay our reasonable costs of doing so, as well as the amount owed.

8. Cancellation

8.1 To cancel a booking, tell us in writing. Email is fine. The fee depends on how many days remain before the content deadline on the day we receive your cancellation:

• More than 30 days before the content deadline: no fee
• 30 days or fewer, but at least 7 days, before the content deadline: 25%
• Fewer than 7 days before the content deadline: 50%
• On or after the content deadline, including once a campaign is live: 100%

8.2 For influencer marketing, this clause applies instead of 8.1. For influencer marketing cancellations, any cancellation after 50% or more of the agreed works have been completed will result in full payment being due of the total amount agreed for the full campaign. Any cancellation whilst less than 50% of the agreed works have been completed will result in 50% payment in the total amount agreed for the full campaign.

8.3 We do not like charging cancellation fees. Where there is time for us to re-use or re-sell what you booked, we usually waive or reduce them. Whether we do so is our decision in each case. Waiving or reducing a fee once does not stop us charging it on another occasion.

8.4 We will invoice any cancellation fee separately, payable within 7 days, and credit the cancelled part of the original invoice. Anything you have already paid for the cancelled booking counts towards the fee. If you have paid more than the fee, we will credit the difference against future bookings.

9. Changes to a booking

9.1 Sometimes the details of a booking need to change: its timing, for example, or its placement. When that happens, we will tell you as soon as we reasonably can. We will work with you on an alternative of equal value. If we cannot agree an alternative, we will credit what you have paid for the part we cannot deliver against future bookings, or refund it if you ask.

9.2 If you would like to change a booking, ask us. We will do our best to help. Some changes affect the price or the timing, and we will tell you before going ahead.

10. Ending our agreement

10.1 We may end our agreement, or any booking, by giving you notice. If we do, we will refund anything you have paid for services we have not yet delivered.

10.2 We may end our agreement straight away, by notice, if you do not pay an overdue invoice after we have reminded you, or if you seriously break these terms. Where the law allows, we may also do so if your business becomes insolvent.

10.3 Ending the agreement does not affect amounts already due, or clauses meant to continue, such as payment, ownership, confidentiality and liability.

11. Who owns the work

11.1 You may use the final work we create for you as agreed, including while its invoice is within its payment terms. Once you have paid for it in full, you own it. We assign our rights in it to you, and we will sign any further document you reasonably need to confirm this. If an invoice becomes overdue, we may ask you to stop using the work until it is paid.

11.2 We keep ownership of our own tools, templates, methods and know-how, including those used in your work. You may use them as part of the final work, but not separately.

11.3 Ideas and material we present that you do not go ahead with remain ours. Please do not use or share them without our agreement. If you do, you will pay us a reasonable fee for that use.

11.4 Material created by third parties, such as photography, stock images, fonts or creators' content, is licensed to you on that third party's terms. If you share or repost creators' content, you must credit the creator, and you must not remove any label showing that it is an advert.

12. Showing our work

12.1 Once the work we do for you has been made public, we may show it, with your name and logo, in our portfolio, case studies, website, social media, awards entries, proposals and other promotional material, both during and after our work together. This continues after ownership of the work passes to you.

12.2 We will not disclose your confidential information when we do so.

13. Confidentiality

13.1 Each of us will keep confidential any non-public information the other shares in connection with our work, including plans, prices and proposals, and will use it only for that work.

13.2 This does not apply to information that is already public, or that must be disclosed by law.

14. Data protection

14.1 Each of us will comply with data protection law, including the UK GDPR and the Data Protection Act 2018.

14.2 Sometimes we handle personal data on your behalf, for example your customer lists, or enquiries from a campaign we run for you. When we do, you are the controller, we are your processor, and the details in the Schedule apply. We will:

• process the data only on your documented instructions, including on any transfer outside the UK, unless the law requires otherwise, and tell you if we think an instruction breaks the law;
• make sure everyone who handles it is bound by confidentiality;
• keep it secure, with appropriate technical and organisational measures;
• use sub-processors only under a written contract that gives equivalent protection. You give us general permission to use sub-processors. We will tell you about any change, and you may object on reasonable grounds;
• help you, as far as the nature of the processing allows, to respond to requests from individuals, and to meet your obligations on security, breach notification, impact assessments and consultation with the ICO;
• tell you without undue delay after we become aware of a personal data breach;
• delete or return the data, as you choose, at the end of our work, unless the law requires us to keep it;
• give you the information you reasonably need to show that these obligations are met, and allow, and contribute to, reasonable audits, on reasonable notice.

14.3 How we use personal data for our own purposes is explained in the privacy policy on our website.

15. Our liability

15.1 Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that the law does not allow to be limited.

15.2 We are not liable for loss of profits, revenue, business, goodwill, opportunity or data, or for any indirect or consequential loss.

15.3 Our total liability arising from any booking is limited to the price payable for that booking.

16. Your indemnity

16.1 You will cover our losses and reasonable costs arising from any claim by a third party about:

• the information or materials you gave us;
• your products or services, or the claims made about them;
• changes you made to our work, or your use of it in a way we did not agree;
• your breach of these terms.

17. Events outside our control

17.1 Neither of us is liable for a delay or failure caused by events outside our reasonable control.

17.2 We will tell you as soon as we can and work with you to resume. Amounts for work already done remain payable.

18. General

18.1 Your offer and these terms are our whole agreement and replace earlier discussions. Nothing in them limits liability for fraudulent misrepresentation.

18.2 We may transfer our rights under our agreement, including our right to be paid. You may transfer your rights only with our written agreement.

18.3 Only you and we may enforce these terms.

18.4 If a court finds any part of these terms unenforceable, the rest still applies.

18.5 If either of us delays in enforcing a right, the right is not lost.

18.6 We send notices by email to the contact details in your offer or client hub. You can reach us at legal@connectmediagroup.uk.

18.7 These terms, and any dispute about them, are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction.

Schedule: personal data we process for you (clause 14)

• Subject matter and duration: the services in your offer, for as long as we provide them.
• Nature and purpose: providing those services, such as running campaigns, handling enquiries and managing contact lists for you.
• Types of personal data: contact and professional details, communications and engagement information, and any other personal data you give us or ask us to collect.
• Categories of people: your customers, prospects, contacts and staff.

Questions

Call us on +44 (0)203 488 0535 or email legal@connectmediagroup.uk.