Sugar Rush team
We believe positive energy breeds positive energy, a smile raises a smile, so for us our mantra to exceed expectations whilst laughing along the way is always mirrored by our clients and suppliers.
When our clients and suppliers feel our personality, share in our vision and drive, we can only prosper in an enjoyable working relationship and deliver great creative business solutions.
Sugar Rush Advertising © 2013 | Legal Stuff
Since these are matters which are ultimately beyond the Agency's control, no warranties can be given by the Agency as to the accuracy of such estimates/targets or as to the figures actually occurring and no liability shall attach to the Agency in respect of any losses suffered by the Client or by any third party by reason of the Client's reliance on such estimates/targets.
1.1 All Fees shall be paid to Sugar Rush Advertising to the Company without any deduction or legal or equitable set off whatsoever.
1.2 All costs and expenses incurred by the Company or for which there is a commitment on behalf of the Client together with all applicable VAT or other relevant tax duty or impost thereon at any time and at all times shall be paid to Sugar Rush Advertising by the Client to the Company or as the Company shall otherwise direct on first demand at any time by the Company.
1.3 Without prejudice to the generality of the foregoing the Company reserves the right in its absolute discretion to require the payment of a deposit in such amount as the Company may specify where the Company has agreed to incur costs and expenses in connection with an Assignment on behalf of the Client
1.4 The Company reserves the right to charge an additional 1.95 per cent of Fees payable hereunder in respect of any insurances effected by the Company in connection with any Assignment. Event insurance is not covered by this and can be taken out at the Clients cost if deemed necessary event by event.
2. The Company reserves the right to charge the Client interest at the rate of 7.5% above Bank of England base rate base rate from time to time on the balance from time to time outstanding on all unpaid Sugar Rush Advertising invoices from the due date to the date of payment.
3. All sums payable hereunder are exclusive of VAT and the Client agrees in addition to pay all applicable VAT thereon.
22. These terms are personal to the Client who may not assign sub contract or otherwise deal with them. The Company may assign subcontract charge or otherwise deal with the benefit of these terms in any way and the rights of the Company hereunder shall inure to the benefit of the successors in title and assigns of the Company.
23. If the Client shall enter into liquidation or bankruptcy or any arrangement with or for the benefit of its creditors or is in breach of its obligations hereunder the Company by notice in writing to the Client may terminate any agreement with the Client with immediate effect without prejudice to the rights of the Company which have accrued up to such date of termination.
24. All the provisions of these terms which are intended by their nature to survive the cancellation termination or expiry of any agreement between the Company and the Client relating to any Assignment governed by these terms shall continue in force following such cancellation termination or expiry for so long as may be required to give effect thereto.
26. If at any time any provisions of these terms is or becomes invalid, illegal or unenforceable in any respect under any law the validity and enforceability of the remaining provisions shall not in any way be affected or impaired.
27. The Client warrants in each case as a continuing warranty as follows:
27.1 That it has all due authority required to enter into these presents without the concurrence of or infringement of the rights of any third party.
27.2 That all promotional material client pro forma’s or any other information supplied to the Company by or on behalf of the Client in connection with the Assignment does not infringe the rights of any third party and is lawful true complete and accurate in all respects and shall be provided with all due expedition as and when required.
27.4 That the Client is or is duly authorised on behalf of the beneficial owner free from encumbrances of the intellectual property rights in all items of artwork logos, designs, symbols, emblems, insignia, fascia, slogans, copyrights, know-how, information, drawings, plans, advertising publicity and other identifying materials or information whatsoever in which intellectual property rights or rights in the nature of intellectual property rights may subsist supplied by or on behalf of the Client to the Company and/or otherwise utilised by the Company in connection with the Assignment (Client Intellectual Property);
27.5 That without warranty such rights of the Company in any copyright and other intellectual property rights of the Company in work arising from or created, produced or developed by the Company under or in the course of the relevant Assignment (if any) (“the Works”), shall (unless otherwise agreed) upon payment by the Client of all sums due under these terms vest in and shall be and remain the sole and exclusive property of the Client, subject to clause 30.3.3;
27.6 That the Client hereby grants or procures the grant to the Company with full title guarantee such irrevocable royalty free licence and consent [and in the case of moral rights grants such waiver thereof] as the Company may require in order to:
27.7 That the Client is the beneficial owner free from encumbrances of all items of Stock and Equipment or any other goods supplied by or on behalf of the Client in connection with any Assignment and that such items are of reasonable quality and in good working order.
27.8 That unless otherwise agreed in writing, risk in all items of Stock and Equipment supplied by or on behalf of the Client shall remain with the Client.
27.9 That the Company is duly authorised to disclose any information disclosed orally or in writing by the Client in connection with any Assignment (whether the information is confidential or not) to;
27.10 Without prejudice to the generality of the foregoing that the Client will unless otherwise agreed in writing at all times and from time to time obtain all necessary clearances from and pay as and when the same become due any fees and costs payable to any collecting society and/or beneficial owner and/or any other third party as may be required in relation to those intellectual property rights referred to in clause 23.3.
28. Without prejudice to the generality of the foregoing, the Client shall indemnify the Company on demand against all costs claims losses liabilities demands proceedings or damages (including legal expenses) howsoever arising as a result any third party claim that the use of the Client Intellectual Property and the Works in accordance with the provisions of these terms infringes any intellectual property right of any third party or otherwise arising as a result of any breach of the warranties contained in clause 23 of these terms.
29. The Client shall perform or procure the due observance and performance of these terms insofar as they relate to the Client using reasonable skill and care and having first obtained all required permissions consents and approvals and in compliance with all statutes statutory instruments orders and regulations made thereunder or deriving validity therefrom, all requirements of the local authority or any other competent authority and otherwise in compliance with any relevant codes of practice.
31. Any notice to be given hereunder shall be in writing and sent by pre paid recorded delivery registered post or facsimile to the other party at the respective addresses appended to these terms. All changes of address are to be notified to the other party within 48 hours of the change and thereafter all notices to be given hereunder shall be sent to such last notified address.
32. The relationship of the Company and the Client shall be that of Independent Contractors.
33. Any agreement governed by these terms shall be read, construed and take effect in accordance with the Laws of England and the parties hereto expressly agree to submit to the non exclusive jurisdiction of the English Courts.
34. Nothing in any agreement governed by these terms shall confer or purport to confer on any third party any benefit or the right to enforce any term of any agreement governed by these terms for the purposes of the Contracts (Rights of Third Parties) Act 1999.
You will not do anything which might affect intellectual property rights in the Site its contents or software. Such rights are owned by us or our licensors and are protected by copyrights trademarks and other rights in the nature of intellectual property rights.
You warrant in each case on a continuing basis that:
All warranties arising in relation to the Site or its content are to the fullest extent permissible by law excluded, and accordingly we can accept no liability for loss or damage suffered by you as a result of:
The internet is an open medium. You accept that any information submitted or posted to the Site is remitted at your own risk and we can accept no liability for breaches of confidentiality or other losses suffered by you as a result of third party access being obtained to information images or data you send over the internet. The Site may operate as a referral site to other sites, advertisements promotions or otherwise. In such event we can accept no responsibility for any dealings you have with or any losses suffered by you as a result of your dealings with any third party sites accessed as a result of your use of the Site. We accept no responsibility for any links to such third party sites, and do not endorse their content.