“Accepted Proposal” means our written proposal to you and your signed proposal acceptance.
“Conditions” means these Terms of Business and any other terms, conditions or proposals agreed in writing by you and us.
“Contract” means the contractual relationship between us, which includes the Accepted Proposal and the Conditions.
“Services” means the services or products which we or our subcontractors supply to you pursuant to our Contract.
“us”, “our” and “we” means HGB.
“you”, “your” or “the Client” means the organisation or individual who engages us to undertake work and who will pay our fees.
These Terms of Business and the Accepted Proposal form the basis of our Contract. If you confirm you would like us to perform Services for you (via proposal or email) and we start the work, then you have accepted these Terms of Business. If you don’t agree with these Terms of Business, you need to let us know before we start to perform any Services.
Our Services may include any or all the following consultancy services: marketing planning, strategy, advice, creative, digital and implementation. These Services will typically be detailed in our written proposal to you. Any request by you for Services to be provided outside of our original proposal will be recorded in writing. We will let you know if there will be additional costs to you in performing these new Services.
While we will endeavour to ensure we complete our Services within the timeframes outlined in the Accepted Proposal, the dates indicated are estimates only. We will not be liable to you or any other person for the late completion of any Services.
2.3 INTELLECTUAL PROPERTY
We retain ownership and copyright in all our intellectual property, which includes our brand name, domain name, marketing materials, template documents and systems, and other proprietary information developed by us or by our sub-contractors and used in the provision of Products or Services to you. However, we grant you a non-exclusive, non-transferable, royalty free licence to use our intellectual property for the term of the Contract solely for the purposes of your business. You may not copy or reproduce any of our intellectual property or share them outside your organisation.
During the term of the Contract we (you and/or us) may be exposed to confidential information belonging to the other party. We agree such information remains confidential and will only be used for the purposes of complying with our respective obligations under the Contract and will not be disclosed unless required by law or already available to the public except by breach of the Contract. This clause continues after expiry or earlier termination of the Contract.
2.5 YOUR RESPONSIBILITIES
The expected deliverables are outlined in the Accepted Proposal which you are required to sign to confirm the Services and intended outcomes. You are responsible for providing adequate instructions and information to enable us to perform the Services. Should further instructions and information be required to enable us to perform the Services, these will be confirmed in writing prior to the Services being performed.