ALL SERVICES PROVIDED BY WAGADA LIMITED ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

3.0 Terms and Termination

3.1 VAT is payable on all our invoices.

3.2a For retainer services contracts run for six months from the date they are signed. If you wish to terminate your contract at the end of the 6 months, you must provide 30 days’ notice prior to the end of the contract.

3.2b Beyond the first 6 months, if no notice to terminate is received, you will automatically be enrolled in a rolling month-by-month agreement. Termination thereafter would be:
For clients under 50 hours monthly retainers- we require 3 months’ notice
For clients on monthly retainers over 50 hours – we require 6 months’ notice
Giving Wagada Digital Notice: Simply let us know in writing before the end of the month in order to be effective on the last calendar day of month three or six, respectively. For example, on a <50 hour client, let us know in January in order to cancel by the end of March.

3.3 Contracts can only be terminated when there are no outstanding invoices

3.4 In the event an invoice is older than 14 days (unless otherwise agreed), it is deemed accepted and undisputed. 

– Longer projects:  Unless otherwise stated within the proposal/agreement, we will invoice 25% of the total amount due in advance of the work commencing, with three further payments (25% each) due at pre-determined dates spread throughout the project.  

– For training, all invoices must be paid in full before the training date. In the event of cancellation within two weeks of the agreed date by the client for any reason, 50% of the fees relating to this booking will remain payable.

3.5 Monthly services are invoiced on 1st of the month and paid by direct debit through GoCardless.

3.6 Direct Debits are taken on the 1st of every month, all other invoices to be paid within 14 days. Late payment charges come into effect after 14 days from the date of issue.

3.7 Invoices will be issued electronically. If the customer wishes to receive hard copy invoices, this can be requested.

3.8 Wagada’s preferred method of payment is by direct debit/bank transfer. Wagada may make an additional charge for payments not made by bank transfer to reflect the increased cost of processing such payments.

3.9 An admin charge of £15 will be applied to any cheque payment.

3.10 Cheques returned for insufficient funds will incur a return charge of £25 and the customer’s account will immediately be considered to be in default until full payment is received.

3.11 We will implement an annual price increase on all our services, based on the Retail Price Index (RPI) published by the Office for National Statistics as a minimum. We will give 30 days’ written notice of the increase which will take effect in January of each year and use the most recently published RPI figure.

3.12 Quotations are valid for a period of 30 (thirty) days. Wagada reserves the right to alter a quotation after the expiry of 30 (thirty) days.

3.13 Instructions by the customer to terminate the services must be made in writing. Telephone requests for termination of services will not be honoured until confirmed in writing. 

3.14 These Terms and Conditions supersede all previous representations, understandings or agreements. The signing of this agreement and/or payment of our fee constitute agreement to and acceptance of these Terms and Conditions.

3.15 Wagada reserves the right to alter these Terms and Conditions at any time and without notice. 

3.16 Wagada reserves the right to terminate any accounts where Wagada considers that the customer has made unreasonable, inappropriate or illegal use of any of the services provided by Wagada.

3.17 Included within all our agreements is a proportion of time allowance allocated to project management to conduct planning, organisation, reporting and project-related meetings, telephone calls and emails.

3.18 As a results-driven business, we reserve the right to prioritise the activities that will generate the best results for your business. This may mean that we deviate from our strategic or original plan, as outlined in this document, in order to deliver work that maximises your return on investment.  

3.19 This Agreement shall be governed by English Law.

4.0 The Client must have a regularly updated backup of the website which can be used in case of emergencies, such as server failure or hacking. If you do not have a backup currently, we can help you to protect your website.

4.1 We strongly advise clients to keep their content management system up to date to ensure that the relevant security patches are installed.

4.2 It is the client’s responsibility, as defined under GDPR guidelines to ensure that they meet their obligations and compliance. By accepting these terms, it is acknowledged that all data provided to Wagada is accurate, up-to-date and relevant. Any changes or amendments are the responsibility of the client.

4.3 Our total liability shall not exceed the total fees paid to us in the prior 12-month period.

4.4 The Client hereby warrants and undertakes that:

(a) It has full power and authority to enter into the Agreement and by doing so it will not be in breach of any obligation to a third party;

(b) It shall in connection with this Agreement, and the Client Materials shall comply with all applicable laws, regulations and any applicable codes of practice, and it shall take appropriate steps to verify such compliance;

(c) Use of Client Materials will not infringe the rights (including without limitation the intellectual property rights) of any third party anywhere in the world;

(d) Client Materials will not be obscene or discriminatory and will not defame or breach the privacy rights of any third party;

(e) Client Materials (including, without limitation, instructions in any insertion order or similar document) are accurate in all material respects;

(f) Client Materials will not contain any executable code, virus or malicious code;

(g) The Client shall comply with the policies of the products, tools or services that Wagada utilises on the Client’s behalf.

4.5 The Client hereby indemnifies and keeps Wagada indemnified against all losses, claims, liabilities, damages, costs and expenses suffered or incurred by Wagada

5.0 To fully comply with GDPR, you may wish to include a Cookies opt-in feature on your website where user’s data is being captured through Google Analytics. This could detrimentally affect the ability to effectively and accurately track website visitors. However, this legislation is open to interpretation and many companies instead prefer to adopt an opt-out approach.  With no overall consensus, our clients should seek independent legal advice on this matter. 6.0 Wagada’s staff are our most valuable asset. The client agrees for one year after ceasing its engagement with Wagada to not solicit or try to engage in employment any of the Wagada team.

Wagada,
Second Floor,
Old Building,
New Barnes Mill,
Cottonmill Lane,
St Albans,
Hertfordshire,
AL1 2HA

T 01727 739812 .
E: info@wagada.co.uk
W: www.wagada.co.uk
T: 01727 260187
Twitter.com/wagada_stalbans

Registered in England & Wales No. 08905611. VAT Number 122 816239