MCM Privacy Policy
 

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When customers or potential customers volunteer information on our web site (www.multichannelmachine.com) in response to requests for service or demonstrations, we hold this information for the sole purpose of providing and notifying them of improvements to our products and services. This information is held confidentially. We are registered under the data protection act and act in accordance with its principles and obligations. We do not sell our customer list or customer information, nor do we sell to or share customers' lead information with any other party.

From time to time, we will send information and promotional notices via mail, email, sms and/or voice broadcast to our customers and to prospects who have expressed interest and have requested such information. At any time, customers may opt out of such offers and notifications by following the opt-out link on the specific communication or by contacting us directly.

 
 
Financial Terms & Conditions
 

  1. Application
    1. These Terms and Conditions shall apply to the purchase of the services procured (“Services”) by you (“Buyer”) from MultiChannelMachine Limited ("MCM"), registered in England 8639354, whose registered office is at 70 Church Street, Reigate, Surrey, RH2 0SP, UK. No other terms and conditions shall apply to the sale of the services or to this Invoice unless agreed upon in writing between the Buyer and Seller.
    2. This is the current version of the MCM Financial Terms & Conditions and supersedes any previous versions.
    3. These terms may vary from time to time.
  2. Interpretation
    1. A “business day” means any day other than a Saturday, Sunday or bank holiday.
    2. The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
    3. The use of any tenses is deemed as equivalent.
    4. Words imparting the singular number shall include the plural and vice-versa.
  3. Services
    1. The description of the services are as set out in the Seller’s Estimate ("Estimate"), confirmed in the Invoice. In accepting the quotation the Buyer has acknowledged that it does not rely on any other representations regarding the services save for those made in writing by the Seller. No descriptions of the services set out in the Seller’s Estimate shall be binding on the Seller and are intended as a guide only.
    2. The Seller reserves the right to make any changes in the specification of the services which are required to conform to any applicable statutory or regulatory requirements.
    3. The initial term of the Hosting Service begins on the Service Commencement Date and continues for the period stated in the initial invoice. Available hosting terms with applicable notice periods are: one month (30 days notice), three months (90 days notice), six months (90 days notice) and one year (90 days notice). Upon expiration of the initial term, it will automatically renew for successive extended terms, for the period stated in the original invoice, unless and until either party provides the other with the appropriate advance written notice of non-renewal (the date of written receipt of cancellation shall be the commencement of the notice period).
  4. Price
    1. Subject to sub-Clause 4b, the price (“Price”) of the services shall be that detailed in the Estimate, accepted by the Buyer and confirmed in the Invoice.
    2. Any increase in the cost of the services to the Seller due to any factor beyond the Seller’s control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, shall be reflected in the Invoice in accordance with the Sellers right to increase the Price prior to delivery.
    3. Any increase in the Price under sub-Clause 4b shall only have taken place upon the Seller informing the Buyer of the increase in writing (writing includes "eMail").
    4. The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority. Taxes will be detailed and applied to Invoices.
  5. Basis of Sale
    1. The Estimate does not constitute written acceptance and confirmation by the Seller of the Buyer’s order for the services.
    2. The accepted Estimate is a contractual offer to sell the services which the Buyer has accepted. On acceptance of the Estimate, the Seller and the Buyer have entered into a contract for the sale of the services.
  6. Payment
    1. The Buyer shall pay the Price stated in the Invoice on the due date. Standard payment terms & conditions are:
    2. Development is invoiced at 50% of the approved Estimate in advance of work starting. Work will not commence until funds have been received and cleared by the Seller. The balance of the Development cost will be due at customer delivery sign-off, live deployment or service commencement, whichever is the sooner.
    3. Recurring fees are chargeable as soon as a portal or web presence is configured and/or as soon as development begins on products and/or touchpoints. Recurring fees (eg. hosting) are payable periodically in advance by standing order, unless otherwise agreed. Variable recurring fees (eg. eMail overages) are payable periodically in arrears according to the Invoice terms.
    4. Buyer will pay for travel expenses incurred by Seller at Buyer’s request. Any Seller expenses or other charges must receive the prior written approval of the Buyer.
    5. The Seller reserves the right to apply Rush Charges for urgently required work falling outside our Service Level Agreement (SLA). The buyer will be informed in advance of any such charges being applied.
    6. Receipts for payment will be issued by the Seller only at the Buyer’s request.
    7. All payments must be made in Pounds Sterling (GBP) unless otherwise agreed in writing between the Seller and the Buyer.
  7. Non payment & late payment
    1. In the event of non payment, the Seller reserves the right to deny access to any services, if full payment is not received in accordance with Clause 6.
      1. When payment is 14 days overdue, an access removal warning may be issued to Buyer by eMail;
      2. When payment is 21 days overdue, customer Administrative access to any Buyer Portal may be removed and Buyer will be informed by eMail;
      3. When payment is 28 days overdue, ALL access to any Buyer Portal may be removed. A message will be displayed stating 'Your service is unavailable: please refer to your provider'.
      4. Seller reserves the right to claim interest on late payments under the Late Payment of Commercial Debts (interest) Act 1998.
  8. Delivery
    1. Delivery is deemed to have taken place once the Seller has notified the Buyer that the services are ready for use by the Buyer in accordance with the agreed project documentation.
  9. Responsibility
    1. If the Buyer fails to review that fatures and functions of the developed solution agree with the specification, and/or fails to communicate in writing to Seller any defects to be reviewed and resolved, the Seller cannot be held responsible for any consequential loss or reputational damage.
    2. Use the services shall not pass to the Buyer until the Seller has received, in cleared funds, payment in full of the Price.
    3. The Buyer takes responsibility for commercial use of the service and any content hosted on it.
    4. The Buyer’s right to access the services in which the Seller retains legal and beneficial title shall terminate if:
      1. the Buyer commits a material breach of its obligations under these Terms and Conditions; or
      2. the Buyer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors.
  10. Returns and Refunds
    1. If the Buyer is not satisfied with the services and the Buyer informs the Seller in writing within 14 days of delivery, the Buyer shall have the right to request them to be terminated.
    2. Only unused recurring fees, less any expenses incurred are refundable.
    3. Seller will return the Buyer's original assets upon request.
  11. Communications
    1. All notices under these Terms and Conditions shall be in writing or eMail and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
    2. Notices shall be deemed to have been duly given:
      1. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
      2. when sent, if transmitted by eMail without generation of non-delivery alert;
      3. on the fifth business day following mailing, if mailed by national ordinary mail; or
      4. on the tenth business day following mailing, if mailed by airmail.
    3. All notices under these Terms and Conditions shall be addressed to the most recent postal address or email address notified to the other party.
  12. Force Majeure
    1. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party.  Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
  13. No Waiver
    1. No waiver by the Seller of any breach of these Terms and Conditions by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
  14. Severance
    1. In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that/those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).
  15. Consumer Rights
    1. Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a consumer.
  16. Law and Jurisdiction
    1. These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
    2. Any dispute, controversy, proceedings or claim between the Seller and the Buyer relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

 

 

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