Business Terms & Conditions

McGinn & Dolphin T/A A Dolphin (also referred to as “we” or “the Company”) with a registered office address at 128 Moggs Mead, Petersfield, GU31 4PY (hereinafter referred to as the “Company”).

All work carried out for our clients is subject to these business terms and conditions.

The expression “you” refers to anyone indicated in an engagement letter or agreement with the Company as being our client in respect of a Project.

The expression “Project” shall be used in these terms and conditions and include delivery of all services and work necessary to complete the project agreed between the client and us.

Hours

Normal business hours will be Monday – Friday (excluding Bank Holidays) from 9:00 – 17:00.

Our Purpose

To provide value added sales and marketing advice and services to our clients across their web, email and social media.

Our Core Values

● Respond to your queries promptly

● To keep you informed and updated on progress of your marketing projects

● Not to undertake work without your prior consent or permission.

● Make sure you aware of the financial implications of projects.

Scope of Services

The services we provide in relation to any matter will be described in the engagement letter/agreement or will otherwise be agreed between us at the outset of the matter and may be varied by agreement during the course of the matter.

Fees

The client acknowledges that any work undertaken will be billed at the applicable hourly rates. The Company’s current hour rately is £50.00 per hour.

The fees shall be exclusive of all disbursements or expenses incurred by the Company whilst carrying out the Project but we will notify you of all disbursements or expenses prior to incurring them on behalf of you. 

● Fixed Price – Where a fixed price Project is accepted the Company will invoice the Project in three equal installments. The first installment on commencement and acceptance of the Project, the second installment on concept and proof and the final installment on completion and transfer.

● Monthly Retainer – Where a monthly retainer contract is recommended, the Company, will invoice the client every 5th working day of the month. The invoice shall cover activities undertaken for the forthcoming month, subject to the previous months’ invoice being cleared.

● Pot of Hours – Where a pot of hours contract is recommended the client will be invoiced for an initial number of hours. These hours roll on month after month but expire after 12 months. The Company will send a monthly report on the 1st working day of the month which will outline how many hours have been used against total number of hours currently available.

Payment Terms

Payment Terms are 7 days from date of invoice, unless otherwise agreed prior to receipt of the invoice. VAT is not charged. Payment can be made;

 Via BACS to the nominated bank account below.

Account Name: Mr A D R Dolphin

Account Number: 41604874

Sort-Code: 07-04-36

In case of late payment, we reserve the right to claim statutory interest (being currently 8% above the applicable Bank of England official dealing rate) pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

Acceptance of Quotes

Where Projects have been quoted the quote shall be valid for 30 days.

Notice of Cancellation

All quotes must be accepted in writing. Once the quote has been accepted, the client is liable for the full cost of the quote and fees. Where a client wishes to cancel the services offered, the client shall give the seller 7 days’ notice in writing.

Exclusions of Liability

We shall not be liable to you in respect of any loss of profits, revenues, incomes, anticipated savings, business, contracts or opportunities as a result of the services delivered in respect of a Project.

Copyright

Unless we agree otherwise, the copyright in the original materials, which McGinn & Dolphin Ltd generate for a client, belong to us but the fee which you pay for the work, permit you to make use of that material for the purpose for which it was created.

Electronic Communications

Unless instructed otherwise, we shall assume that we may communicate with you by e-mail. Documents sent to you by e-mail will not be encrypted. If you have a requirement for a greater level of security in electronic communications, please notify us of this and we will endeavour to agree with you and implement a mutually acceptable email protocol, incorporating encryption standards.

Publicity

Unless otherwise agreed, we may disclose to third parties that you are or have been a client. We may also disclose to third parties that we are acting for you or have acted for you on a Project, if information about that Project is in the public domain or you specifically consent to that disclosure.

Competitions

The promoter is A Dolphin T/A McGinn and Dolphin whose registered office is at 128 Moggs Mead, Petersfield, GU31 4PY There is no entry fee and no purchase necessary to enter our competitions. By entering our competitions, an entrant is indicating his/her agreement to be bound by these terms and conditions.

Only one entry will be accepted per person. Multiple entries from the same person will be disqualified. Closing date for entry will be clearly stated on all forms of communication. After this date the no further entries to the competition will be permitted. No responsibility can be accepted for entries not received for whatever reason.

Force Majeure

We shall not be liable to you if we are unable to perform our services as a result of any cause beyond our reasonable control. In the event of any such occurrence affecting us, we shall notify you as soon as reasonably practicable.

Law and Jurisdiction

Any engagement letter or agreement between us shall be governed by the Laws of England and Wales. The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the engagement letter or agreement between you and the Company.

Variation of Terms

The Company is permitted to revise these Business Terms and Conditions at any time as it sees fit and you are expected to review these Terms on a regular basis.