Terms & Conditions

1. The Service

1.1 These Terms & Conditions govern your use of MDL Digital®, a Digital Marketing agency providing marketing services to organisations and businesses. MDL Digital® Services are provided to you subject to the provisions contained herein for your personal or business use only. Any other use or attempt to use MDL Digital® Services for other purposes, directly or indirectly, by you or by a third party is prohibited.

1.2 Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to these Terms and Conditions of Service. The Service consists of marketing services herein but not limited to Digital Marketing Strategy and Management, Content Management, Lead Generation Campaigns, Social Media, Copywriting Services and Outsourced marketing... Your participation in the Service is conditional upon your acceptance of these stated terms and conditions. Please read the following terms and conditions. Your acceptance of these terms and conditions is indicated by your payment for the services.

1.3 MDL Digital® reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Such changes or modifications shall be effective immediately upon notice, where your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by MDL Digital® as permitted above. If at any time these Terms and Conditions are no longer acceptable to you, you should immediately terminate your contract to the Service in writing to privacy@mdldigital.com

2. Terms of Service Agreement

2.1 You must provide accurate, complete, and current information and you agree to provide MDL Digital® with an update of that information promptly should changes occur.

2.2 This Agreement shall be effective as of the time frame set forth on the Contract form signed by MDL Digital® and the other party “Client”. This Agreement may be terminated by either party upon written notice to the other within 30 days of receipt of the notice. This Agreement may be terminated by MDL Digital® immediately if the
Client fails to pay any fees hereunder; or if the Client fails to cooperate with the MDL Digital® or hinders MDL Digital®’s ability to perform the Marketing Services hereunder.

2.3 You agree to comply with any additional copyright notices, information, or restrictions contained in any marketing material (“Content”) available on or accessed through the Service. The Content is intended for the use of the Client

2.4 You assume all risk and responsibility for determining whether any Content is in the public domain, regardless of any notices which may be posted on such Content. You grant to MDL Digital® the right to edit, copy, publish, distribute, translate and otherwise use any Content that you place on the Service, in any medium. You represent and warrant that you are authorized to grant all rights outlined in the preceding sentence. Any information supplied by you upon registration for the Service.

3. Client Conduct

3.1 You, as the Client, understand that all information contained in your content, that you have duly approved whether publicly posted or privately transmitted, are your sole responsibility. This means that you are responsible and may be held legally liable for all Information that MDL Digital® or you upload, post or otherwise transmit.

4. Fees and Payments

4.1 You agree to pay all fees or charges incurred by you or any third party using your business (whether or not authorized by you) at the rates in effect for the billing period in which such fees or charges are incurred, including, but not limited to applicable taxes, and charges for any services offered for sale through the Service by MDL Digital®.

4.2 Your right to use the Service is subject to any limits established by your credit card company if billing is through a credit card.

4.3 MDL Digital® shall provide you with marketing services locally and nationally to grow sales and awareness of your products and services and increase turnover.

4.4 The fees for the Service is the amount agreed to on the Contract form at the time of Contract signing.

4.5 MDL Digital® works closely with you to identify realistic goals and timelines and employ the appropriate mix of tactics to maximize the Marketing Service provided.
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5. Termination of Service Policy
MDL Digital® will not disclose your personal information, except in circumstances in which it is necessary to do so, or where permitted by law. We may disclose your personal information to the following parties:

5.1 Only MDL Digital® may, at its sole discretion, allow you to cancel your contract.

5.2 30 days’ notice of intent to cancel must be provided in writing or by email to privacy@mdldigital.com

5.3 Should MDL Digital® approve this cancellation, a cancellation fee of £400 or 50% of the remaining subscription value; whichever is the greater amount, will apply, plus the total management fee paid (drafting, setup and optimization fees). You are responsible for all charges incurred up to the time the account is cancelled, including all charges for the month in which cancellation became effective.

5.4 Refunds must be approved by management and will be processed within 15 working days.

5.5 The daily budget amount that has already been spent will not be refunded under any circumstances.

5.6 You must give MDL Digital® 30 days’ notice if you do not wish to renew your agreement before the end of the contract.

5.7 MDL Digital® reserves the right, at its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. MDL Digital® may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.

6. Disclaimer of Warranties

6.1 You expressly agree that using MDL Digital® services is at your own risk. No warranty, representation, condition, undertaking or term – express or implied, statutory or otherwise – including but not limited to the condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability, or fitness for a particular purpose or use of MDL Digital® Service is given or assumed by all such warranties, representations, conditions, undertakings and terms are hereby excluded.

6.3 MDL Digital® makes no warranty that the marketing service provided will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose,

7. Limitation of Liability

7.1 In no event shall MDL Digital® be liable to any party for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising.

7.3 MDL Digital® urges you to maintain backup versions of your website’s content to guard against losses of any kind.

8. Debtor Policy
Default & Consequences of Default

(a) Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and shall accrue at such a rate after as well as before any judgement.

(b) If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all the Seller’s costs and disbursements including on a solicitor and own client basis and in addition all costs of collection.

(c) Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Buyer
for any loss or damage, the Buyer suffers because the Seller exercised its rights under this clause.

(d) If any account remains unpaid at the end of the second month after supply of the goods or services the following shall apply: An immediate amount of £50.00 shall be levied for administration fees which sum shall become immediately due and payable.

(e) In the event that:

(i) Any money payable to the Seller becomes overdue, or in the Seller’s opinion the Buyer will be unable to meet its payments as they fall due; or

(ii) The Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(iii) A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then

(iv) the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies; and

(v) All amounts owing to the Seller shall, whether or not due to the Seller arising out of these terms and conditions, and the Seller may take any lawful steps to require payment of the amounts due and the Price.

(vi) The Seller can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Buyer.

9. Privacy
Privacy Act 1988

(a) The Buyer and/or the Guarantor/s agree for the Seller to obtain from a credit-reporting agency a credit report containing personal credit information about the

Buyer and Guarantor/s in relation to credit provided by the Seller.

(b) The Buyer and/or the Guarantor/s agree that the Seller may exchange information about Buyer and Guarantor/s with those credit providers named in the Application for a Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:

(i) To assess an application by Buyer;

(ii) To notify other credit providers of a default by the Buyer;

(iii) To exchange information with other credit providers as to the status of this credit account, where the Buyer is in default with other credit providers; and

(iv) To assess the creditworthiness of Buyer and/or Guarantor/s.

(c) The Buyer consents to the Seller being given a consumer credit report to collect overdue payment on commercial credit (Section 18K (1) (b) Privacy Act 1988).

(d) The Buyer agrees that Personal Data provided may be used and retained by the Seller for the following purposes and other purposes as shall be agreed between the Buyer and Seller or required by law from time to time:

(i) Provision of Services & Goods;

(ii) Marketing of Services and or Goods by the Seller, its agents or distributors in relation to the Services and Goods;

(iii) Analysing, verifying and/or checking the Buyer’s credit, payment and/or status in relation to the provision of Services/Goods;

(iv) Processing of any payment instructions, direct debit facilities and/or credit facilities requested by Buyer; and

(v) Enabling the daily operation of Buyer’s account and/or the collection of amounts outstanding in the Buyer’s account in relation to the Services and Goods.

(e) The Seller may give, information about the Buyer to a credit reporting agency for the following purposes:

(i) To obtain a consumer credit report about the Buyer; and or

(ii) Allow the credit reporting agency to create or maintain a credit information file containing information about the Buyer.

10. Miscellaneous

10.1 MDL Digital® provides you with an initial draft of your content via email and your account is uploaded at this time. When an account is uploaded by MDL Digital® onto Google’s Ads network, it is subject to Google’s terms and conditions and approval clauses. Google Ads has a 48hr monitoring period in which Google will approve your account for online advertising. MDL Digital® will deem your account active once Google approves your account and email you a notification with your subscription start and end dates. MDL Digital® and all its customers must adhere to the terms and conditions of Google Ads. MDL Digital® ensures its guarantee, of the agreed percentage of key terms on the first page, is only applicable at the time of your daily budget being refreshed by Google™. This guarantee is only applicable to accounts that have their geo-target option set to the United Kingdom or regions within the United Kingdom. MDL Digital® reserves the right in its sole discretion to:

(a) Make improvements, corrections, adaptations, conversions and/or any other change in MDL Digital® and to any part thereof and/or to revise or modify these Terms and Conditions of Service;

(b) change, limit, terminate, remove or cease to provide at any time, temporarily or permanently, MDL Digital® or any part thereof, to all users or any number thereof including without limitation the use of or access to MDL Digital®, granted to you or any other user, at any time, without notice, for any reason or no reason;

(c) refrain from publishing on this site and delete or remove from MDL Digital®, at its sole discretion, any Web page or Information or material provided for display, posted, uploaded or transmitted by any user or any part thereof;

(d) Establish a new operating and usage policy for MDL Digital® and change it at any time for any reason or no reason; and

(e) From publishing MDL Digital® numbers or any other details of the users using MDL Digital® at any time.

10.2 MDL Digital® may revise or replace these Terms and Conditions of Service from time to time. You agree that your use of MDL Digital®, beyond a period of 15 days after a notice of such change has been provided through MDL Digital®, shall constitute your consent to the new or revised MDL Digital® Terms and Conditions of Service. Any reference made in this document to MDL Digital® shall be deemed to have been made to MDL Digital®, its suppliers, co-branders and licensors and each of their subsidiaries, successors, assignees, affiliates as well as any company that controls MDL Digital®, directly or indirectly, and any other subsidiary of that controlling company.

11. Limitation of Liability

In no event shall MDL Digital® be liable to any party for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising – in any way, shape or form – out of the availability, use, reliance on, inability to utilise or improper use of MDL Digital® even if MDL Digital® shall have been advised of the possibility of such damages or is negligent, and regardless of the form of action, whether in contract, tort or otherwise. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusions of incidental and consequential damages may not apply to you. In no event shall MDL Digital® be liable to any party for any delays, inaccuracies, errors or omissions with respect to MDL Digital® or the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of information available on or through MDL Digital®. You expressly agree that MDL Digital® shall not be responsible or liable for any loss of data, nor shall MDL Digital® be required to return any lost data, resulting from the suspension or deletion of user websites or websites, network or system outages, file corruption or any other reasons. MDL Digital® urges you to maintain backup versions of your website’s content to guard against losses of any kind. You expressly agree that MDL Digital® shall not be liable for any conduct by users of MDL Digital® and shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted, uploaded, posted or made available on or through MDL Digital® You expressly agree to indemnify and hold harmless MDL Digital®, its subsidiaries, affiliates, officers, agents, co-branders and other partners, and its and their respective employees, from and against any or all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable legal fees and disbursements and court costs) arising from or in connection with your Information, your use of or connection to MDL Digital® your violation of these Terms and Conditions of Service or your violation of any rights of any third party.

12. Debtor Policy
Default & Consequences of Default Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and shall accrue at such a rate after as well as before any judgement. If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all the Seller’s costs and disbursements including on a solicitor and own client basis and in addition all costs of collection. Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller exercised its rights
under this clause. If any account remains unpaid at the end of the second month after supply of the goods or services the following shall apply: An immediate amount of £50.00 shall be levied for administration fees which sum shall become immediately due and payable.

In the event that any money payable to the Seller becomes overdue, or in the Seller’s opinion the Buyer will be unable to meet its payments as they fall due, or the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies; and all amounts owing to the Seller shall, whether or not due to the Seller arising out of these terms and conditions, and the Seller may take any lawful steps to require payment of the amounts due and the Price.
The Seller can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Buyer.

13. PRIVACY
Privacy Act 1988

The Buyer and/or the Guarantor/s agree for the Seller to obtain from a credit-reporting agency a credit report containing personal credit information about the

Buyer and Guarantor/s in relation to credit provided by the Seller. The Buyer and/or the Guarantor/s agree that the Seller may exchange information about Buyer and Guarantor/s with those credit providers named in the Application for a Credit account or named in a consumer credit report issued by a reporting agency for the following purposes: To assess an application by Buyer; To notify other credit providers of a default by the Buyer; To exchange information with other credit providers as to the status of this credit account, where the Buyer is in default with other credit providers; and To assess the creditworthiness of Buyer and/or Guarantor/s. The Buyer consents to the Seller being given a consumer credit report to collect overdue payment on commercial credit (Section 18K (1) (b) Privacy Act 1988). The Buyer agrees that Personal Data provided may be used and retained by the Seller for the following purposes and other purposes as shall be agreed between the Buyer and Seller or required by law from time to time: provision of Services & Goods; marketing of Services and or Goods by the Seller, its agents or distributors in relation to the Services and Goods;  analysing, verifying and/or checking the Buyer’s credit, payment and/or status in
relation to the provision of Services/Goods; the processing of any payment instructions, direct debit facilities and/or credit facilities requested by Buyer; and enabling the daily operation of Buyer’s account and/or the collection of amounts outstanding in the Buyer’s account in relation to the Services and Goods.

The Seller may give, information about the Buyer to a credit reporting agency for the following purposes: to obtain a consumer credit report about the Buyer; and or
allow the credit reporting agency to create or maintain a credit information file containing information about the Buyer.