Terminology used within this document and throughout this Website:
a) ‘Company’or ‘We’ or ‘Us’ or ‘Our’ applies to Copy by Dan, a trading name of Sharp Equity Limited, incorporated in England and Wales, company number 09979575.
b) A ‘Client’ is a person, persons, business or organisation using any of the website, work, projects or services, who has signed an agreement and entered into a contract with the Company or has simply agreed with Us in writing, including email, (paid or unpaid) to use or receive any product or service, provided by the Company.
c) ‘You’,‘Your’, 'User' is any person, business, Client or other entity that accesses any part of this Website.
d) 'Services' or 'work' is any work, service, information, project or data provided to or accessed by a User of this Website or a Client of the Company.
TERMS AND CONDITIONS
Please read ALL these Terms and Conditions carefully and thoroughly BEFORE USING THIS WEBSITE
We have the right to amend these Terms at any time and without notice. Any changes will be made via this website and you are advised to check this page from time to time to take notice of any changes that may have been made, as they are binding on you. If you do not agree to these Terms, please do not use this site or enter into any agreement with the Company.
This Website is owned and operated by the Company.
These Terms apply to all pages of this website, including pages in both public sections and private subscription only sections, whether or not such pages are individually disclaimed. The Terms apply to all users of this Website, whether the user has or has not got access to the private sections of the Website, which are only accessible to Clients who have subscribed to the Company’s services. The Terms also apply to any Client who has entered into an agreement with the Company.
Ownership and Content Use
All text,charts, information, data, tables, calculations, video, sound, graphics, photographs, artwork, names, logos, trade marks and other material on the Website or in any work, project or services supplied to a Client (“the Content”) and all rights in it belongs to The Company. Under no circumstances should Content be amended, altered, adapted, copied, republished, distorted, downloaded, broadcast or a derivative work be created from any of the Content, without express written permission from The Company.
You must NOT use this website (or permit or procure others to use it) or any work, project or services supplied to you by the Company as follows:
1. For any unlawful, improper or illegal purpose or activity;
2. To violate the Company’s copyright, trademark, proprietary or other intellectual property rights;
3. To damage the Company’s name or reputation or that of the Company’s affiliated companies or any third parties;
4. To introduce viruses, worms, harmful code and/or Trojan horses onto the internet or into this Website or any other entity’s systems and it is your responsibility to ensure that whatever you download or select for your use from this Website is free from such items;
5. To penetrate the Website’s security measures or other systems (hacking);
6. To access or attempt to access any password-protected, subscription only section of this Website by any means other than by a Client using the unique login and password that is provided to that Client by The Company; and/or
7. To transmit confidential or proprietary information, except solely at your own risk.
Compliance with Law and Regulation
When using this Website or any work, project or services supplied to you, you must comply with all applicable local, national and international laws and regulations, including those relating to data privacy, international communications and exportation of technical or personal data. It may be illegal to download the information contained on this Website in certain countries and the Company disclaims all responsibility if you downloaded any information from this Website in breach of any law or regulation of the country in which you reside.
No Advice or Offer
The information on this Website or in any work, project or services supplied to a Client is provided for information purposes only and does not constitute and should not be construed as advice. Additionally, nothing on this Website or in any work, project or services supplied to a Client is intended to or should constitute financial, legal, accounting, tax or any other professional advice. Any strategies, products or services referred to in this Website or in any work, project or services supplied to a Client, whether publicly or though password-protected areas, are and will be subject to the legal and regulatory requirements applicable in your jurisdiction.
Access to Our Website
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. Doing so would be a violation of the Terms.We may disable any user of this Website if, in our sole opinion, the user has undertaken any action or activity that could be construed as Website Misuse, as described above, or has failed in any way to comply with any of the Terms. If you are a Client of the Company and have been allocated login and password details to provide you access to the subscription only sections of this Website, whether chosen by you or allocated by us, and in our sole opinion you have undertaken any action or activity that could be construed as Website Misuse, or failed in any way to comply with any of the Terms, We have the right to disable and suspend your login and password details, at any time. Such suspension will last until any Website Misuse or failure to comply with the Terms has been resolved to the Company’s satisfaction. This is without prejudice to any rights of the Company to terminate your access to the subscription-only pages of the Website, subject to the provisions of the Terms of Business.
Intellectual Property Rights
The Company is the owner or the licensee of all intellectual property rights in the Website and in the materials published on it or contained in it, as well as in any work, project or services supplied to a Client ahead of project completion. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Unless you obtain written permission from Us, you must not modify, reproduce, distribute, store in a data retrieval system or transmit in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) any of these such materials or information.
Furthermore, you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Nothing on the Website should be construed as granting any licence or right in relation to any of the Company's trademarks or those of the Company's affiliated companies or any third party.
No Guarantees As To Results
As set forth more fully in the Disclaimer, which also remains part of these Terms, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company may provide educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognise that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company. You also recognise that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - and applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
Email And Other Electronic Communications
The Website may contain bulletin board services, chat areas, news groups, forums,communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “CommunicationServices”), you agree to use the Communication Services to only post, send and receive messages and material that are proper and related to the particular Communication Service.
By using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Despite our efforts, Users understand that by accessing and using our Website or Services, they may be exposed to content that is indecent, objectionable or even offensive. The Company has no control over User content and do not guarantee its accuracy, quality or integrity. We are not responsible for the monitoring or filtering of any User content, although we do seek to moderate User content from time to time. Any content published by any User that is found to be illegal will be submitted to the relevant authorities.
As mentioned, We will continue to moderate User content and any that is considered by Us to be inappropriate or offensive in any way may result in Us asking the User to retract or otherwise modify such content within 24 hours of being notified by Us. Should the User fail to meet such a request, We have full authority to restrict the User's ability to post content on Our Website or immediately terminate the User's subscription without further notice to the User.
Without limitation of the above, We have sole discretion to remove any User content that violates these Terms or that is otherwise objectionable in our sole discretion. Users are responsible for complying with all applicable laws for their content, including copyright and trademark laws. You also warrant that You will not use our Services to infringe on the intellectual property rights of others in any way. Any User whom we deem, in our sole discretion, to be violators of intellectual property rights of others, may be terminated from using this Website in any capacity.
Third Parties - Disclaimer
Our Website may publish content supplied by third parties, Users, Advertisers, Merchants,and Sponsors. Accordingly, the Company has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other user of our Website, are those of the respective author(s) and not of the Company. The Company does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of the third parties’ sites or resources, therefore the Company accepts no responsibility for the accuracy and completeness of their information, nor the services provided by the third parties connected to the Website nor for any loss or damage that may arise from or in connection with use of or reliance on them.
You understand that we do not operate or control the products or services offered by third-party Merchants. These merchants are responsible for all aspects of order processing, fulfilment, billing and customer service. We are not a party to the transactions entered into between You and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites.
You hereby acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between You and the Company. You hereby agree that You will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilised by our Services.
Disclaimer of Liability
The Company shall not be held liable for any indirect or direct, incidental or consequential loss or damage (including, but not limited to loss of revenue, profits, data, goodwill or opportunity) arising from the use, inability to use or access or interruption of the Website or any websites linked to the Website in any way or otherwise for any loss of data on transmission, howsoever caused.
As part of our copywriting process, we undertake research on companies, industries and markets of relevance that we believe would be of interest to our clients, which include our views that have been derived and data that has been internally developed solely from publicly available information that we believe to be reliable and accurate. In this regard, whilst every effort is made to ensure the accuracy of information contained in its reports, the Company, its directors and employees provide no guarantee, representation or warranty, express or implied, regarding the completeness, accuracy or correctness of information, data, calculations or opinions contained in its material. However,there shall not be excluded any liability for direct loss, costs or expenses caused by the intentional default, negligence or fraud of the Company or its employees. This is without prejudice to any duty or liability the Company may have to its Clients under the United Kingdom’s Financial Services and Markets Act 2000 and any subordinate legislation.
The Company shall have no liability or responsibility for any loss or damage incurred or suffered by you in the event of any breakdown, failure or malfunction of any telecommunications or computer services or systems associated with the Website,including access or inability to access the private subscription only areas available to Clients or subscribers. No reliance should be placed for any purpose on the information, prices, representations, estimates or opinions,contained within the Company’s Website or any sites provided by third parties who at any time have links to or from the Website and no liability is accepted for any such information, representation, estimate or opinions.
The internet is not a reliable transmission medium and the Company does not accept any liability for any data transmission errors or any confidential and proprietary information that has been transmitted by you across the internet, including through the Website or via email. Any such transmission of information is entirely at your own risk.
Whilst we will use reasonable efforts to ensure that all content, materials and information published on the Website or provided to you as a Client are accurate, all such content, materials and information are provided on an ‘as is’ basis. As such, you assume total responsibility and risk for your use of the content, materials and Information.
The Company is not responsible or liable in any manner for any Content posted on our Website or provided to you directly in connection with our Services, whether posted or caused by Users of our Website, or by the Company. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit, or share on our Website or Services and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services. The Company is not responsible for the online or offline conduct of any User of our Website or Services.
By accessing this Website, You agree and understand that any downloads or otherwise content and any other related software obtained from or via our Website or Services is done at your own risk and that you will be solely responsible for your use thereof and any damages to your mobile or computer device or systems, loss of data or other harm of any kind that may result. The Company is not liable for any indirect, incidental, special or consequential damages (including any loss of business, loss of profits, litigation, financial or otherwise, whether based on breach of contract, breach of warranty, Tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of any agreement between You and the Company.
Deposit and Termination
Should You or a Client enter in a formal agreement with the Company, or simply agree to receive copywriting services from Us, we reserve the right to ask for a Deposit of 25% before providing any copy or services. Once a copywriting project is started and the deposit paid, the copywriting fee agreed between Us and the Client for the full project is deemed to be incurred unless We have agreed payment milestones in the proposal or service specification. The Client has no right to withhold or reduce payment based on any critical response to, or appraisal of, the copy written for the Client. The Client is paying for the time taken to complete the work or Service, quantum meruit. This includes the time put aside to make revisions in expectation of feedback. No refunds will be given once the deposit has been paid, unless the proposal/agreement has been agreed to be terminated by both parties. In this event, the amount of refund is at the sole discretion of Copy by Dan. For avoidance of doubt, full payment made to the Company at the end of the project is taken as an agreement by the Client that the Client is happy and content with the copy or services provided and therefore no refunds will be subsequently given under any circumstances.
In the event of cancellation or unlawful termination of the copywriting services agreed to in the proposal/agreement, by the Client for any reason, the Client shall be required to pay to the Company, as agreed, damages and not as a penalty the full amount of any third party costs, which have been committed to by Us and, in respect of cancellation on less than five working days' written notice, the full amount of the fee set out in the proposal/agreement and the Client agrees that this is a genuine pre-estimate of Our losses in such a case.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales in the United Kingdom. The English courts will have exclusive jurisdiction over any claim arising from or relating to the use or visit to the Website and its contents as well as any Service provided to a Client of the Company. By using this Website or entering into an agreement as a Client, you waive any objections you may have to any proceedings in such courts on the grounds of venue or that proceedings have been brought in an inconvenient forum.
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