CAS - Terms & Conditions
Palantir Business Group - Client Acquisition Service
Terms & Conditions Agreement
This Agreement is made and entered into between Palantir Business Group, the Marketing and Business Development Consultant (hereinafter referred to as the "Consultant"), and you the client (hereinafter referred to as the "Client").
1. Scope of Services
1.1 The Consultant agrees to provide the Client with marketing and business development services throughout each month, including but not limited to:
Email Marketing Campaign.
1.2 The specific services to be provided, along with timelines, daily or weekly work and deliverables, will be outlined in a separate email entitled: CAS - Confirmation, which will be agreed between the Consultant and the Client.
2. Term and Termination
2.1 This Agreement shall commence once the Client has responded asking to commence the Email Marketing Campaign. Services shall continue until terminated by either party in accordance with the terms herein.
2.2 Either party may terminate this Agreement upon 2 months written (by email) notice to the other party. In the event of termination, the Client shall pay the Consultant for all services rendered and expenses incurred up to the effective date of termination.
2.3 This Agreement may be terminated immediately by the Consultant if there is suspicion of a breach of any kind by the Client, and fails to cure such a breach within 15 days after receipt of written notice of the breach.
3. Compensation
3.1 The Client agrees to pay the Consultant fees for the Services as specified in the CAS - Confirmation.
3.2 In addition to the fees, the Client shall reimburse the Consultant for all reasonable expenses incurred in connection with the performance of the Services, provided that such expenses have been pre-approved by the Client.
3.3 Payment is made via direct debit, when the CAS - Service Confirmation and Consultancy T&Cs are agreed, the Consultant will issue the Client with a payment link to a direct debit for a monthly recurring payment. There is also a £2.95 setup charge per month for the direct debit.
4. Confidentiality
4.1 The Consultant agrees to keep confidential all information provided by the Client that is designated as confidential or that, under the circumstances surrounding disclosure, ought to be treated as confidential.
4.2 The obligations of confidentiality shall not apply to information that is (i) publicly known through no act or omission of the Consultant, (ii) in the Consultant’s possession prior to disclosure by the Client, (iii) independently developed by the Consultant without use of or reference to the Client's confidential information, or (iv) required to be disclosed by law.
5. Intellectual Property
5.1 Any work product, including but not limited to: reports, studies, data, photos, software and deliverables, developed by the Consultant in the performance of the Services under this Agreement shall be the sole and exclusive property of the Client.
5.2 The Consultant retains the right to use the knowledge, experience and skills obtained during the course of the Services for other clients and engagements, provided that the Consultant does not use the Client’s confidential information or proprietary work product.
6. Independent Contractor
6.1 The Consultant is an independent contractor and nothing contained in this Agreement shall be construed to create an employer-employee relationship, partnership, joint venture or agency relationship between the parties.
6.2 The Consultant shall have no authority to bind the Client in any manner or to incur any liability on behalf of the Client.
7. Indemnification
7.1 The Client agrees to indemnify, defend, and hold harmless the Consultant from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or in any way connected with the Services provided under this Agreement, except to the extent caused by the gross negligence or wilful misconduct of the Consultant.
8. Limitation of Liability
8.1 In no event shall either party be liable to the other for any indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, even if advised of the possibility of such damages.
8.2 The total liability of the Consultant under this Agreement for any and all claims shall not exceed the total fees paid by the Client to the Consultant under this Agreement. The client cannot claim any refunds for the service provided.
9. Governing Law
9.1 This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom without regard to its conflict of law principles.
10. Miscellaneous
10.1 Email warm up: It is important to note that during the first month (and on occasion second month), the email address created for the client must undergo a period of 'warm up', this is where the email address slowly sends more and more emails per day until it can handle a large volume. If the client purchases a package with a specific number of emails to be sent each month, the email address provided to the client must undergo a 'warm up' before the full number package can be realised. The client agrees that this process is done at the Consultant's discretion. Therefore, if the client has purchased a package of 4,000 emails to be sent per month, this will most likely be actioned during the second month of their subscription, after successful completion of the email warm up.
10.2 Entire Agreement: This Agreement, including all exhibits, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.
10.3 Amendments: This Agreement may be amended or modified only by a written instrument agreed by both parties.
10.4 Waiver: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
10.5 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
By subscribing to Palantir Business Group's Client Acquisition Services, you are agreeing to the Terms and Conditions herein.
