BrandIn Agency/LinkedIn Breakfast Club Terms & Conditions of Service

These are our standard Terms of Service to deliver LinkedIn Growth Services with accompany any quotes of invoices sent,

1) Definitions

Terms & Conditions of Service, hereafter referred to as Terms refer to this text.
BrandIn Agency, hereafter referred to as BrandIn, as well as the words ‘we’, ‘us’, ‘our’ and ‘ours’ refer to BrandIn Agency Limited, a UK registered limited liability company. LinkedIn Breakfast Club is a part of BrandIn Agency and all the terms for BrandIn also apply to LinkedIn Breakfast Club Clients.
Client, Customer and User, hereafter referred to as ‘Client’, as well as the words ‘you’ ‘your’ and ‘yours’ refer to the party and any person or organisation acting on their behalf who engages BrandIn to carry out the work on the Service or visits BrandIn’s websites.
Contract, Quote, Quotation, Proposal, and Agreement, hereafter referred to as ‘Quotation’, refer to the written arrangement between BrandIn and the Client in the form of a written brief which outlines the scope of the commissioned work.
Third party refers to any company, organisation or person not affiliated with or controlled by BrandIn or the Client.

2) General Terms

These Terms and Conditions govern the Clients access to and use of BrandIn’s Services and websites, including all content, moving and still images and sound recordings of whatever form.
By accessing or using BrandIn’s Services and websites, the Client agrees to have understood and to be bound by these Terms.
These Terms apply in respect of all Services from BrandIn.
These Terms, together with the Quotation constitutes the entire agreement between BrandIn and the Client, unless otherwise varied by mutual consent between BrandIn and the Client in written form. If no Quotation has been provided, these terms alone constitute the entire agreement between BrandIn and the Client.

3) Payment Terms

Unless agreed otherwise in writing, BrandIn requires monthly payment upfront
This must be paid prior to starting work
Payment may be made by bank transfer, Paypal or CC.
No refunds can be given once the service has started.
Minimum 1 month’s engagement for LinkedIn Managed Services
We reserve the right to charge late payment fees & interest on unpaid invoices over 30days
If you sign up for Std LinkedIn Breakfast Club – but do not engage on posts your membership will automatically be upgraded to a premium membership which is £99 per month. This allows you to send us 1 post per week which we will add to the group and you do not have to engage. You will be given at least to warnings about not engaging prior to this happening.

4) Termination

You cancel at any time after 1 month, by emailing before the next month has started. Once a new month has started you will be charged for that month.

BrandIn reserve the right to cancel or terminate a contract if:

You or your organisation becomes insolvent or subject to bankruptcy proceedings.
The reputation of BrandIn and anyone connected with BrandIn could be damaged.

5) Campaign & Service

The campaigns will be agreed upfront in line with any agreement via emails and the invoice sent
The Service will be delivered by our inhouse team; however, we will require access to your LinkedIn account
Any content or templates supplied by BrandIn for the campaign remain in Brandlin’s ownership and cannot be used, copied, edited, resold without prior content and payment for usage.

6) Delivery

The Service shall be delivered to the Client in accordance with the Quotation agreed at the outset of the project either through concept meetings or in written proposals.

7) Data Protection

BrandIn will keep confidential all Confidential Information disclosed to them by the Client, except where that information has entered the public domain via another source, or except where it is required by law or regulation, provided that, to the extent practicable in the circumstances, the disclosing party is in each case given reasonable advance notice of the intended disclosure and a reasonable opportunity to challenge the same to the owner of such Confidential Information.
BrandIn will maintain measures and procedures as are reasonably practicable to provide for the safe custody of the Confidential Information.
BrandIn will only store, copy or use the Client’s Confidential Information to the extent necessary to perform its obligations under the quotation or contract.
BrandIn will comply with all applicable Data Protection Legislation & GDPR regulations

8) Confidentiality

Any confidential or proprietary information which is acquired by BrandIn from a Client, company, person or entity will not be used or disclosed to any person or entity, except when required to do so by law.
If required, BrandIn will sign and adhere to the conditions of any non-disclosure agreement used by the Client.
Likewise, the Client shall keep confidential any methodologies and technology used by the BrandIn to supply the Service(s).

9) Liability

BrandIn cannot be held liable to any party for any errors on any medium after the Client has agreed in writing that the content of the delivered Service is correct and accurate and should be posted, published or broadcast.
BrandIn shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract.
During the continuance of such a contingency the Client may, by written notice to BrandIn, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
BrandIn cannot be held liable for loss or damage caused as a result of third party action or failure.
Nothing in this agreement limits or excludes BrandIn’s liability for:

death or personal injury caused by its negligence;
fraud or fraudulent misrepresentation; or
breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.

Subject to the previous clause, BrandIn shall not be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement for:

loss of profits;
loss of sales or business;
loss of agreements or contracts;
loss of anticipated savings;
loss of or damage to goodwill;
loss of use or corruption of software, data or information.
any indirect or consequential loss.

Subject to the previous two clauses, BrandIns total aggregate liability to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement or any collateral contract shall not exceed the amount of Fees paid by the Client under this Agreement in the 12 months prior to which the relevant claim arose.
Save where expressly provided, all conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded to the maximum extent permitted by law.

Severance

If any provision of these terms and conditions (whether in part or in whole) is held by a Court or jurisdiction to be illegal, or unenforceable the parties shall agree to amend the relevant provision as shall be necessary to ensure its application and the remaining provisions of the Contract shall remain full force and effect.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of England and Wales
Any dispute you have which relates to these terms and conditions, or your use of BrandIn’s Services (whether it be contractual or non-contractual), will be subject to the exclusive jurisdiction of the courts of England and Wales.