Optimise Lab is a trading name of Strive Marketing Ltd Company Number 9141778. Address 25 Alwyne Road, Wimbledon, London, SW19 7AB. Data Protection Act number ZA068734. Within these Terms & Conditions, the words “we”, “us”, and “our”, refers to Optimise Lab, and by extension Strive Marketing Ltd. The term “you” refers to the website user, reader, client or prospective client. Where “this website” is mentioned, this refers to http://optimiselab.com.
Use of Website:
You may view website content and download through caching. You may not republish any of the content within this website, print, store electronically, or distribute this content for any purposes. If you would like to use any of the ideas, or make reference to any of the articles published on this website, please contact firstname.lastname@example.org to request permission to do so. Without permission, no articles on this website are to be published on any other website.
Limitations of Liability:
The information and advice within this website is distributed to website users without charge. As the reader you accept that Optimise Lab and its associates and employees will not be held liable with respect to any information which is present on this website or downloaded from this website.
Optimise Lab will always seek to make sure that all of the information which is published on this website, with regard to services and advice, is accurate and up-to-date, however changes to both services and advice occur without the website content being updated. In such cases, you agree that Optimise Lab is not liable for any inaccuracies present within the content of this website. We will not be found liable for any indirect, or direct damage or loss which arises as a consequence of using this website.
Variation to Terms:
These terms may on occasion be altered in some way, and therefore you should check this page on a regular basis to make sure that you are up-to-date with our latest terms.
Terms of Service:
The following details our standard terms of service. A variation to the below terms of service can often be offered to clients, depending on their individual needs and requirements. Fixed fees, and/ or regular consultancy fees for projects can be negotiated on a per-client basis. Any deviation to the below standard terms of service which does exist for any particular client, will be detailed in writing before service commences:
- Contract Formation
These Terms of Service shall form part of the contract between “the Client” and Strive Marketing Ltd “the company” for the supply of professional services which are to be set out within our proposal to the client, unless otherwise stated in writing by Strive Marketing Ltd.
- a) Fees are to be charged as stated within the proposal from Strive Marketing Ltd to the client. Fees may be charged separately for different aspects of work carried out. The client agrees to make payment within 14 days of receipt of the invoice for payment. Payment of the first invoice may be required to be made sooner than 14 days, to demonstrate good faith. VAT will be added, where necessary, to the invoice at the appropriate rate.
- b) Fees will be agreed with the client before the commencement of work, and may be a fixed monthly fee, or a fixed hourly rate, with a predetermined number of hours agreed. Other fee structures may be agreed with the client, and will be described within the proposal.
- c) Where the allocated time for the proposal has been exceeded, additional hours or days will be charged at mutually agreed daily or hourly rates as defined in the proposal or agreed in writing with the client prior to commencement of the project.
- d) Strive Marketing Ltd reviews its fees periodically. The fees stated within the proposal are the current rates of Strive Marketing Ltd. Strive Marketing Ltd reserves the right to adjust its fees. Fees are agreed with clients before the commencement of work, and any fee adjustments will be communicated to the client at least one month in advance before the new fee rates take effect.
- Invoicing and Payment:
Invoices issued by Strive Marketing Ltd are to be paid by the client within 14 days of being issued. Any questions or problems with regard to an invoice should be raised by the client within the 14 day period. When possible, payment of an invoice should be made by BACS transfer with bank details being made available upon request. If payment is not made within the 14 day period, Strive Marketing Ltd reserves the right to charge interest on-top of payments under the Late Payments of Commercial Debts (Interest) Act of 1998, and the guideline which have been published by The Better Payment Practice Group. If payment of an invoice is not made within the 14 day period, Strive Marketing Ltd (also known as Optimise Lab) reserves the right to discontinue service to the client, and client pay-per-click accounts can and may be paused at this time. Strive Marketing Ltd will not be held liable for any loss of earnings, or excessive expenditure caused by the discontinuing of service.
- Disclosure of Information
- a) We request that the client disclose to Strive Marketing Ltd all information which is necessary for the satisfactory running and completion of the project or which, in the reasonable opinion of Strive Marketing Ltd, is relevant to work being done.
- b) The client agrees that, to the best of their ability and in good faith, all information disclosed to Strive Marketing Ltd is accurate and that any written materials supplied may be used as part of the project without breach of any third party copyright or registered trademarks.
- c) The Client shall notify Strive Marketing Ltd straight away upon becoming aware of any matters, facts or circumstances directly or indirectly affecting the project which appear inconsistent in any material respect along-side information already provided, such that the information previously supplied becomes misleading or inaccurate.
Confidential Information concerning the Client and the Client’s business will not be disclosed by Strive Marketing Ltd to any third party without the Client’s written consent, unless otherwise required by law, a Court of competent jurisdiction or by governmental or regulatory authority.
- a) Strive Marketing Ltd undertakes to exercise due care in the performance of the project in accordance with applicable professional standards. The Company’s objective is to provide a high quality, professional service that fully meets the client’s expectations and requirements.
- b) The Company shall not be liable to the Client in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss or damage which the client may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of this Contract by the company, its servants or agents, in a sum which is greater than the total price of the associated fees.
- c) The Company shall not be liable to the client in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss of profits and/or loss of production or any indirect or consequential (including economic) loss of any kind which the Client may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of this Contract by the Company, its servants or agents.
- d) The Company shall not be liable to the client in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss of profits and/or loss of production or any indirect or consequential (including economic) loss of any kind which the client may suffer by reasons outside the direct control of the Company, its servants or agents.
- e) The client shall not be liable to the Company in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss or damage which the company may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of this contract by the Client its servants or agents, in a sum which is greater than the total price of the Fee.
- f) The Client shall not be liable to the Company in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss of profits and/or loss of production or any indirect or consequential (including economic) loss of any kind which the Company may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of this contract by the Client, its servants or agents.
- g) Nothing in this Contract shall operate so as to exclude:
- i) Either party’s non-excludable liability in respect of death or personal injury caused by its negligence or the negligence of its servants or agents;
- ii) The application of Section 12 of the Sale of Goods Act 1979; or
iii) Liability for fraudulent misrepresentation.
- Force Majeure
- a) If either party is affected by Force Majeure it shall forthwith inform the other party in writing of the matters constituting the Force Majeure and shall keep the party fully informed of the continuance and of any change of circumstances whilst such Force Majeure continues.
- b) If the Force Majeure continues for longer than 3 months either party may at any time whilst such Force Majeure continues by notice in writing to the other terminate this contract.
- c) Save as provided for in this Clause Force Majeure shall not entitle either party to terminate this Contract and neither party shall be in breach of this Contract, nor otherwise liable to the other party, by reason of any delay in performance or non-performance of any of its obligations due to Force Majeure.
- Suspension and Termination
- a) The Client may, at any time, terminate the project by giving Strive Marketing Ltd written notice of at least one full calendar month of the intention to do so – subject to the conditions detailed in clause 10.d).
- b) Strive Marketing Ltd may suspend the project if, in the reasonable opinion of the Company, material circumstances adversely affect the performance of the Company’s obligations under the Contract, or where Strive Marketing Ltd reasonably determines that there has been a material non-disclosure of information by the Client or material changes in circumstances which significantly alter the scope and/or nature of the project.
- c) Strive Marketing Ltd may, by giving notice in writing to the Client, terminate the project forthwith if:
- i) The period of suspension as described in clause 9.b) exceeds fourteen days; or
- ii) The Client commits a breach of the Contract and fails to remedy such a breach within seven days of being notified in writing by Strive Marketing Ltd; or
iii) The Client compounds with or negotiates for any composition or compromise with its creditors or is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986.
- d) If the contract is terminated:
- i) Each party to the contract shall on demand return to the other party, all property belonging to the other party in its possession at the time of termination; and
- ii) The client shall pay forthwith, on demand by Strive Marketing Ltd, all fees and expenses in respect of all professional services performed by the company under the contract up to the date of termination (the date of termination shall include the notice period defined in clause 10.a) together with all reasonable costs and expenses incurred by the company in connection with and in consequence of the termination of the contract.