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GUARANTEES
Like any marketing agency, we are unable to provide any form of performance guarantee in relation to any service we offer. All work is provided based on our prior endeavours and in line with successful work we have created previously.
LIMITATION OF LIABILITY
Nothing in these terms or our agreement shall exclude or in any way limit our liability for fraud, or for death or personal injury caused by our negligence or any other liability to the extent such liability may not be excluded or limited as a matter of law. Our maximum aggregate liability under or in connection with these terms and agreement, whether in contract, tort (including negligence) or otherwise, will in no circumstances exceed the total charges payable to us hereunder during the preceding 12 months; and
We will not be liable under these terms or the Letter of Appointment for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known.
These terms state the full extent of our obligations and liabilities in respect of the performance of our services to you. The parties agree that any condition, warranty representation or other term concerning the performance of our services which might otherwise be implied into or incorporated herein, whether by statute, common law or otherwise, is excluded to the maximum extent permitted by law.
GOVERNING LAW
Our engagement will be construed in all respects in accordance with the laws of England and we will each submit to the jurisdiction of the English courts.
ENTIRE AGREEMENT
The Agreement (which includes these terms and conditions) cancels and supersedes any prior agreement or course of dealings and is not entered into by either of us in reliance on any statements or representations other than any appearing in the Agreement.
ASSIGNABILITY
Neither of us may assign any right or obligation arising under the Letter of Appointment (other than a right in respect of payment) without consent of the other.
We’re happy to submit substantive changes for review prior to implementation if required.