Effective Date: 1st August 2024
1. Introduction
Welcome to Kernow Media. These Terms of Service (“Terms”) govern your access to and use of our services, including our website and any other services provided by Kernow Media (“Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use our Services.
2. Services
Kernow Media is a marketing and creative agency providing a range of services, including but not limited to digital marketing, social media management, content creation, branding, graphic design, video production, SEO, and advertising campaigns. Specific services will be outlined in individual agreements or proposals provided to clients.
3. Client Responsibilities
- Information and Access: The client agrees to provide all necessary information and access required for Kernow Media to deliver the Services effectively.
- Approval and Feedback: The client agrees to provide timely feedback and approvals to Kernow Media to facilitate the efficient execution of projects.
- Communication: Kernow Media endeavours to reply to all emails within one business day to ensure smooth communication and collaboration.
- Payment: The client agrees to pay all fees as outlined in the proposal or agreement, in accordance with the payment terms specified.
4. Fees and Payment
- Billing: Kernow Media will issue invoices as per the agreed schedule. All payments are due on submission of the invoice.
- Late Payments: Late payments may incur interest charges of the maximum allowed by law.
- Refunds: All payments made are non-refundable unless otherwise specified in writing.
5. Confidentiality
Both parties agree to keep confidential all information that is not publicly available or already known to third parties, except as required by law. This includes any proprietary information and business strategies shared during the course of the relationship.
6. Intellectual Property
- Ownership: Kernow Media retains ownership of all intellectual property created prior to and during the provision of Services unless otherwise agreed upon in writing.
- Licence: Upon full payment, the client is granted a non-exclusive, non-transferable licence to use the deliverables for the purposes agreed upon in the proposal or agreement.
7. Termination
- Termination by Client: The client may terminate the Services with 30 days written notice to Kernow Media. The client is responsible for payment of all work completed up to the date of termination.
- Termination by Kernow Media: Kernow Media reserves the right to terminate the Services if the client breaches any of the terms outlined in this document, with immediate effect upon written notice.
8. Limitation of Liability
To the fullest extent permitted by law, Kernow Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your use of or inability to use the Services;
- Any unauthorised access, use, or alteration of your transmissions or content.
9. Indemnification
The client agrees to indemnify, defend, and hold harmless Kernow Media, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable solicitor’s fees and costs, arising out of or in any way connected with the client’s access to or use of the Services.
10. Governing Law
These Terms are governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law principles.
11. Changes to Terms
Kernow Media reserves the right to update or modify these Terms at any time. We will notify clients of any changes by posting the new Terms on our website and updating the “Effective Date” at the top of this document. Continued use of the Services after any changes indicates your acceptance of the new Terms.
12. Contact Information
For any questions or concerns regarding these Terms, please contact us at:
Kernow Media
Unit 21,
Rockhill Business Park,
Higher Bugle,
St Austell,
PL268RA
email: gavin@kernowmedia.co.uk
tel: 01726216848
