Terms & Conditions
Last updated: 03/09/2022
This page outlines some of the terms and conditions that all clients are required to abide by when working with Chalkboard. Furthermore, the website visitors’ attention is particularly drawn to the clause which grants Chalkboard to record both telephone and in-person (physical) communications. This applies to clients, visitors, and anyone that views our website or tries to communicate with us.
Whilst every client will have different needs (and therefore requires a different contract), we’ve listed some of our key terms below:
Delivery of goods
7.1 Delivery of the Goods shall be transferred electronically. The Buyer shall make all arrangements necessary to take ownership of the website after it has been created.
7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer may not reject the Goods but shall accept the Goods delivered as part performance of the contract, and a pro-rata adjustment to the Price shall be made.
7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
Acceptance of the goods
8.1 The Buyer shall be deemed to have accepted the Goods 7 days after delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods within 7 days and give notice in writing to the seller after discovering that some or all of the goods do not comply with the Warranty above, the Buyer must return the Goods to the Seller at the Buyer’s cost and the Seller shall, at its option, repair or replace any Goods that are defective, or refund the price of such defective Goods.
8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
Title and risk
9.1 Risk shall pass on delivery of the Goods to the Buyer’s address.
9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
9.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
9.4 The Seller may at any time before title passes and without any liability to the Buyer:
9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
9.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
Supply of services
11.1 The Seller shall provide the Services to the Buyer.
11.2 The Seller shall use all reasonable endeavours to meet any performance dates for the Services specified in the Order, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.
11.3 The Seller shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Seller shall notify the Buyer in any such event.
12.1 The Buyer shall:
12.1.1 Ensure that the terms of the Order are complete and accurate;
12.1.2 Co-operate with the Seller in all matters relating to the Services;
12.1.3 Provide the Seller, its employees, agents, consultants and subcontractors, with access to the Buyer’s premises as reasonably required by the Seller to provide the Services;
12.1.4 Provide the Seller with such information and materials as the Seller may reasonably require to supply the Services, and ensure that such information is accurate in all material respects;
12.1.5 Obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start; and
12.1.6 keep and maintain all materials, equipment, documents and other property of the Seller (Seller Materials) at the Buyer’s premises in safe custody at its own risk, maintain the Seller Materials in good condition until returned to the Seller, and not dispose of or use the Seller Materials other than in accordance with the Seller’s written instructions or authorisation.
12.2 If the Seller’s performance of any of its obligations in respect of the Services is prevented or delayed by any act or omission by the Buyer or failure by the Buyer to perform any relevant obligation (Buyer Default):
12.2.1 the Seller shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Buyer remedies the Buyer Default, and to rely on the Buyer Default to relieve it from the performance of any of its obligations to the extent the Buyer Default prevents or delays the Seller’s performance of any of its obligations;
12.2.2 the Seller shall not be liable for any costs or losses sustained or incurred by the Buyer arising directly or indirectly from the Seller’s failure or delay to perform any of its obligations as set out in this clause 12.2; and
12.2.3 The Buyer shall reimburse the Seller on written demand for any costs or losses sustained or incurred by the Seller arising directly or indirectly from the Buyer Default.
For the purposes of fraud prevention, security, and monitoring contractual obligations with our clients, Chalkboard Agency may record telephone calls, emails, in-person meetings, SMS messages, and messages sent through third-party apps (such as WhatsApp). These recordings may be used as evidence in either civil or criminal legal cases if required. By working with or communicating with Chalkboard, you explicitly give us permission to record your communications with us, within the constraints imposed by GDPR.
Research & Amazon Voucher Payments
We reserve the right to limit how many people can create an account and we can delete accounts at any time and for any purpose we deem necessary. By our guidelines, we will restrict or delete accounts on certain conditions, which are, but are not limited to:
- Provided misleading information on our surveys.
- Harassment, threats, or any other forms of intimidation against our team members or other participants in the study.
- Signs of fraud.
- Criminal activity.
- Or any other means we see fit.
Each of our website projects are allocated with a budget that will be credited to your account. Upon completion of a website review, you’re credits will be added to your account. You must reach at least £20 in credits before you can make a withdrawal and we can make a payment.
We reserve the right to withhold making payments where we suspect misuse of our services, or for any other purposes which we see fit.