Our Terms & Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Subliminal Advertising’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. The term ‘Subliminal Advertising’, ‘us’, ‘our’ or ‘we’ refers to the owner of this website whose office is 124 Cardinal Lofts, Foundry Lane, Ipswich, Suffolk, IP4 1DJ. The terms ‘you’, ‘your’, ‘customer’ refers to the user and/or viewer of our website.

1. The use of this website is subject to the following terms of use:

   1. The content of the pages of this website are for your general information and use only. It is subject to change without notice.
   2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
   3. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
   4. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is strictly prohibited without written prior consent.
   5. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
   6. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
   7. This website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
   8. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
   9. We endeavour to complete the Services within the agreed time or as set out in the quotation; however, time is never guaranteed as it directly effects the quality of the service we provide. Where time is quoted it should be considered as an estimate only.
   10. These Terms and Conditions apply to anything that Subliminal Advertising provides at your request.
   11. You must obtain any permissions, consents, licences or otherwise of materials digital or otherwise that allow us to legally provide our service to you.
   12. Reasonable expenses charged to you, can include the following but are not limited to, travel, accommodation, subsistance, third party costs incurred for the provision of our Services, software & materials required for the execution of our Services.
   13. Our fees unless stated otherwise exclude VAT. VAT and other taxes or levies which are required by governments will be passed to you.
   14. Deposits for our services must be paid within 7 days. Failure to pay a deposit within this time will trigger either: Termination of the service or Temporary suspension until such time the deposit is paid at our discretion.
   15. All deposits are non-refundable.
   16. We hold the right to cancel or amend any service, quote or agreement until such point our work commences. Commencement of services constitutes an agreement by both parties to these terms and conditions.
   17. Either party may cancel an order prior to acceptance of the quotation without penalty.
   18. Amendments made to any details of the Services we provide will be invoiced at an hourly rate.
   19. We endeavour to keep any changes to our products and/or services to a minimum. If, we have to make any change we will notify you in a timely fashion.
   20. We reserve the right to assign, transfer, delegate or subcontract or deal in any other manner all of our obligations to any third party.
   21. You must not, without our prior written consent, assign, transfer, delegate or subcontract or deal in any other manner all of your obligations to any third party.

2. Termination of our goods and or services

   We can end the provision of Goods & Services immediately and without notice if you:

   1. breach any part of these Terms and Conditions; or
   2. do not make payment of any amount due under our Contract or on the due date for the payment; or
   3. if we conclude, rightly or wrongly you are about to become bankrupt.

3. Liability and indemnity

   Circumstances beyond a party's control

   No liability will exist between either party from any cause that is beyond the reasonable control of either party. As such, either party has no liability for circumstances beyond their control. These can include, but are not limited to:

   1. legal death of either party, war, consequences of war, civil unrest, acts of terrorism, governmental action, civil unrest, pandemics, fire, flood, storms, tidal waves, tsunamis, earthquakes, drought, lava flow, volcanic activity, electrical solar interference, actions of non-human life or organisms including but not limited to insects, animals & spores, extreme or unusual weather conditions

   If disruption or non-compliance of terms exceeds a period of 14 days, either party may terminate or cancel the Services to be carried out under these Terms and Conditions. Proof of "Circumstances beyond control" can be required. If proof is requested and not obtained within 31 days these "Circumstances beyond control" terms and conditions are nullified.

4. Liability

   The following liability includes, and is designed to cover, the provision of the Services & Goods, performance, obligations, our employees, outsourcing and agents acting on behalf of Subliminal Advertising and any correspondence including quotations:

   We declare that we are not liable for the following;

   1. any expenses incurred; or
   2. any consequential losses, damages, or costs; or
   3. any loss of reputation or goodwill; or
   4. any loss of profits; or
   5. any loss of data; or
   6. any loss of anticipated profits; or
   7. any business interruption; or
   8. any loss of business; or
   9. any failure beyond our reasonable control to perform any of our obligations; or
   10. any losses arising directly or indirectly from your choice of Services and/or Goods supplied; or
   11. any losses arising from the Services or Goods supplied in connection with our Services; or
   12. any failure to perform any of our obligations; or
   13. any failure to meet your obligations to us set out in these terms and conditions; or
   14. any failure of us to meet any deadline.

5. Indemnification

   1. Any damages, costs, claims and expenses incurred by us and caused by you, your agents and/or employees will be your responsibility and should be compensated within 1 month of our claim being made.

6. Data Protection

   1. We may gain access to and/or acquire the ability to transfer, store or process personal data of you "the customer" and/or employees of the customer.
   2. We consent to the customer being the 'data controller' and we shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or revised. Please check the GDPR website from time to time to confirm that the GDPR regulations are sufficient for your needs.
   3. We will only process personal data to the extent required to enable us to supply our services and/or goods or improve our company and/or services.
   4. We retain the right to share your personal data including contact information.
   5. We retain the right to publish images and graphics that you may provide as part of our marketing strategy unless you explicitly request us not to do so prior to the provision of copy and or images. These may form part of our customer satisfaction marketing materials.
   6. We shall retain personal data no longer than is necessary.
   7. We will share only what is reasonably required if sharing your personal data.
   8. We endeavour to provide enough security measures to protect all information we may collect about you and/or your employees.

7. Payment

   We will invoice you for payment of the Fees either:

   1. upon completion of the Service/s; or
   2. by way of allowing access to the completed Service/s; or
   3. on the invoice date/s set out in the quotation; or
   4. before commencement of service/s that require a deposit.

   We issue receipts only at your request. You must pay the Fees due within 30 days of the date of our invoice. Five days beyond the the 30 day courtesy payment period late fees apply at a rate of 1% per day.
   
   Non payment within the terms set out by these Terms and Conditions will result in suspension of any further provision of Goods & Services and cancel any future Goods & Services which have been arranged by you.

8. Waiver

   1. Any delay, omission, indulgence or forbearance by either party to exercise any of the rights nor any non-compliance by a party under this agreement shall not be construed as a waiver of that right, nor shall it impair such right on future occasions.

9. Severance

   1. If any provision of this contract is found by a court to be invalid, unenforceable or illegal, the remaining provisions shall remain in force.
   2. Your use of this website is subject to the laws of England, Northern Ireland, Scotland and Wales.