Uncategorised

Written on 06 April 2023.

HR Terms & Conditions

Business Success HR & CONSULTANCY Terms & Conditions

1. Terms and Conditions:

1.1 These terms and conditions (“Conditions”) supersede all previous conditions, including any terms and conditions of yours and shall not be superseded, varied or waived other than with our express written consent.

1.2 Any order or request for Services by you to us shall be conclusive proof of your acceptance of these Conditions.

1.3 A legally binding contract between us shall come into force upon your countersigning the Specification (without amendment(s), unless we approve such amendment(s), in which case a legally binding contract shall come into force upon our written acceptance of such amendment(s)).

1.4 References to ‘you’ and ‘your’ mean the client and references to ‘we’, ‘us’ and ‘our’ mean Business Success HR Limited.

2. Definitions:

In these Conditions the following words and phrases shall have the following meanings:

Specification; the quotation provided by us to you as accepted by you and any variations agreed between you and us in writing prior to such acceptance

Services; the HR & Consultancy services specified in the Specification as selected by you

Initial Term; the initial term as specified in the Specification

Fees; the price payable by you to us for the Services and detailed in the Specification

Third Party; has the meaning in clause 4.2

3. Services:

3.1 We will provide you with the Services insofar as selected by you with reasonable skill, care and diligence and subject to payment of the relevant Fees.

3.2 Unless specified in the Specification, the Services do not include additional or out-of-hours or non-routine visits or calls or other services, etc.

3.3 It is a condition precedent to us providing any Services that you provide us with all information requested no less than 10 working days after we have requested such information or, if sooner, no less than 10 working days before the date upon which the Services are due to commence.

3.4 Important: our obligations to you with regard to the Services are limited as specified in these Conditions including, but not limited to, clause 6 (General Exclusion and Limitation).

4. Additional Information:

4.1 The scope of the Services is as defined in the Specification and does not include any additional services. However, if additional services are required we shall use all reasonable endeavours to provide them subject to agreement on payment of additional Fees in accordance with these Conditions.

4.2 We shall be entitled to sub-contract, delegate or assign the provision of any Services or any of our rights or duties under these Conditions to any employee or any self-employed agent, subcontractor or other third party (“Third Party”).

4.3 If we are unable to provide any Services due to any default, act or omission by you or any of your employees or agents including, but not limited to, non-attendance at, or cancellation with less than 48 hours prior notice of, any induction, training course or other meeting, we shall still be entitled to payment of our Fees in respect of such Services.

4.4 Where we provide any Services or other facilities or services using a Third Party our liability to you shall be limited so as to extend to be no greater than the liability of such Third Party to us. We shall not be liable for any defect or failure to deliver any part of the Services to the extent that we are prohibited or otherwise limited by the terms and conditions of such Third Party as applicable. In accessing Services provided by a Third Party you will comply with such Third Party’s terms and conditions as if you were a party to them.

5. Fees and Payment Terms:

5.1 Quotations (including Fees) are valid for 30 working days from and including the date of quotation unless specifically stated otherwise in writing. If the quotation is accepted by you outside such period the Fees may be subject to revision.

5.2 All Fees are exclusive of VAT which will be payable by you at the rate applicable from time to time. Payment shall be made in pound sterling to Business Success SW Ltd.

5.3 Any additional work required by reason of you supplying inadequate, incomplete or incorrect instructions or changing instructions or specifications shall entitle us to additional Fees.

5.4 Unless stated, payment for Services will paid within 14 days from date of invoice and on-going agreed monthly services paid by the last day of every month by Direct Debit.

5.5 The failure by you to make any payment due in respect of the Services or any other amount due to us on the due date as specified in the Specification, in these Conditions or as otherwise agreed shall entitle us (at our sole option) without notice to suspend and/or cease providing the Services pending payment by you and/or, in the event of payment not being made within 5 working days of written demand, treat this contract as repudiated by you.

5.6 If any amount remains unpaid by the due date interest at the rate of 2% per month compounded annually shall accrue on the unpaid amount and in addition all invoices (including those not yet otherwise then due for payment) shall become due and payable and in any event all costs reasonably incurred by us in collecting payment of any invoices shall be payable by you on a full indemnity basis.

5.7 You may not withhold payment of any invoice or other amount due to us by reason of any right of set-off or counterclaim which you may have or allege to have or for any reason whatever.

5.8 The Fees will remain applicable throughout the Initial Term but we reserve the right to increase them at any time after the Initial Term upon giving you 5 working days notice.

6. General Exclusion and Limitation:

6.1 We shall be under no liability whatever in respect of the following which are hereby expressly excluded, except insofar as such exclusions may be unlawful:

6.1.1 for injury, damage of any kind or nature, direct, indirect, consequential or contingent to personal property howsoever caused;

6.1.2 Neither party shall be liable for any indirect or consequential losses or expenses, including but not limited to loss of or damage to anticipated profits, contracts, reputation, goodwill, labour costs or losses or expenses arising from 3rd party claims.

To the fullest extent permissible in law and except as expressly provided herein, We will not be liable by reason of breach of contract, negligence or otherwise for any loss of any kind occasioned to any person acting, omitting to act or refraining from acting in reliance on course materials, presentation of a course, information, advice or recommendations supplied as part of the Services, whether in writing or verbally, or for any loss incurred as a result of our failure to ensure that any form or document generated from the Services is appropriate and complete in all respects for the purpose to which the form or document is to be used.

6.2 Our liability in respect of any Services shall not exceed the Fees for such Services for a 1-month period. We do not accept any responsibility for action taken as a result of information provided by us.

6.3 Nothing in these Conditions shall make us liable for personal injury or death caused by our negligence.

7. Risk:

You acknowledge that you have read and fully understood these Conditions including specifically clauses 3, 4, 6 and 11 relating to the scope of our obligations, acceptance, the exclusion of liability and your obligations.

8. Cancellation/Termination:

8.1 Our agreement in respect of any Services and your obligations to pay for them will continue for the Initial Term and thereafter from year to year unless and until you give us not less than 1 months’ prior written notice expiring at the end of the Initial Term or any anniversary of that date.

8.2 Notwithstanding clause 8.3 we may terminate our agreement (or any part of it) in respect of any Services if:

8.2.1 you fail to comply with any condition precedent or other term of these Conditions;

8.2.2 any payment is outstanding for more than 5 working days after it is due for payment;

8.2.3 you become bankrupt, insolvent or enter into liquidation, receivership or administration or take any preparatory step to do so or otherwise are subject to any insolvency or analogous proceedings or you die or cease trading;

8.2.4 there are (in our reasonable opinion) conflicting or irreconcilable matters which materially affect our ability to provide any Services to you.

8.3 If (a) we terminate our agreement (or any part of it) in respect of any Services in accordance with clause 8.2 or (b) notwithstanding clause 8.1, you wish or purport to terminate our agreement in respect of any Services before the end of the Initial Term or before the expiry of any notice to terminate and we, at our sole discretion, agree to such termination you will in all such cases remain responsible for paying the full amount (or such reduced amount as we shall, in our absolute discretion, agree) of the Fees that would otherwise have been payable throughout the whole of the Initial Term and until the expiry of any notice that would have been required to terminate our agreement.

9. Reservation of Ownership and Intellectual Property:

9.1 Property, legal and beneficial, and all materials supplied by us shall not pass to you until we have received full payment for all sums then owed by you to us.

9.2 Materials in respect of which property has remained with us shall be kept identifiable as our property and shall not be copied except for internal purposes only and you shall at your own expense immediately return such materials and all copies to us or permit us to enter into your premises to collect them should we so request.

9.3 All intellectual property rights created or provided by us or our employees or any Third Party shall be and remain our property and any such rights shall be licensed to you for internal use only.

10. Force Majeure:

We shall not be liable for any claims, costs, damages or other losses suffered by you to the extent resulting from any failure on our part, our servants and / or agents caused by or directly or indirectly due to war, terrorism, act of any government or other competent authority, civil unrest, embargo, computer system failure, storm, fire, accident, industrial action including strikes or lockouts, acts of God, illness, prevention from or hindrance in obtaining raw materials, energy or other supplies, or any other similar cause or matter beyond our reasonable control.

11. Client Obligations:

11.1 You and the person who has signed the Specification or agreed to our services on your behalf, warrants that you and such person are legally capable of entering into binding contracts on your behalf.

11.2 Nothing in these Conditions shall give rise to any partnership, joint venture, agency or any other such relationship between us.

11.3 By providing personal data relating to your employees or agents to us, you confirm that you are entitled to disclose such data to us under the terms of the Data Protection Act 1998 and related legislation and that we are entitled to process such data for the purposes of providing the Services to you.

11.4 Where we are required to perform any Services at your premises, you agree to (a) provide a safe working environment including providing safety wear and equipment and full information on health and safety requirements; (b) have in place suitable employer’s liability and public liability insurance at all relevant times; and (c) provide internet access and scanning, printing and other office facilities, ensure any information you provide is complete and accurate and being on time to any planned meetings.

12. Rights of Third Parties:

It is acknowledged and agreed by you that these Conditions are not intended to be and shall not be enforced by any person other than you under the Contracts (Rights of Third Parties) Act 1999, but this does not affect any right or remedy of a third party which exists or is available apart from the said Act.

13. Data Protection

For delivery of our services, you are the data controller and we are the data processor.

13.1 Subject matter of processing
The subject matter of the processing under this contract will or may be employment related personal data of those employed and or engaged in a work-related capacity by the controller, candidates for jobs at the controller, ex-employees or workers or self-employed individuals.

Employment related data includes the data set out in the controller’s Register of Employment Related Data.

13.2 Duration of processing
The data will be processed and/or erased in accordance with the controller’s instruction. The processor will unless instructed otherwise will cease processing any personal data and erase such data after a period of 6 years after which they may be destroyed without further notice.

13.3 Nature and purpose of the processing
The nature and purpose of the processing is for the controller to receive support and advice from the processor in relation to employment-based matters, including general HR related, to assist with legal compliance and good practice in the area of employment.

The processing will be limited to such matters with processing being conducted electronically and by hard copy information.

13.4 The categories of data subjects and type of personal data
The categories of data subjects will include those recorded on the controller’s Register of Employment Related Data, candidates for jobs or work, employees, workers, apprentices, volunteers, self-employed individuals, and ex-employees or workers or apprentices, or self-employed individuals or volunteers and any individuals seeking to bring claims or bringing claims against the controller.

The type of personal data will be the type of personal data as set out in the controller’s Register of Employment Data, and will include where appropriate names, addresses, email addresses, contact details, phone numbers, personal details (such as date of birth, national insurance number, next of kin, emergency contacts, nationality and the right to work in UK), criminal records, bank account details, pay details, data relating to the contract (including terms and conditions), working hours, timekeeping records, attendance and sickness absence records, periods of statutory leave (such as maternity, adoption, parental, paternity, shared parental leave), statutory entitlements, pay details, pension details, benefits, training records, qualifications, appraisal and or assessments and or performance review information or other performance management information, skills and experience, work history (including work history with others as may be detailed on CVs or application forms), references, disciplinary and grievances, records of concern, disability, health and or medical records, health and safety records, equal opportunity related information, any relevant information relating to the use of company equipment/resources, or the performance of the role or the planning or organisation of work, or any relevant details or data needed to deal with any employment based legal claims.

13.5 Obligations of processor
The Processor will:.

Only process personal data on the documented instructions of the controller, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by Union or Member State Law to which the processor is subject. In such a case the processor shall inform the controller of that legal requirement before processing unless that law prohibits such information on important grounds of public interest.
Ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
Take all measures required to implement appropriate technical, and organisational measures to ensure a level of security appropriate to the risk to such data, including where appropriate; the use of pseudonymisation/encryption of personal data; the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services; the ability to restore the availability and access to personal data in a timely manner in the event of a physical, or technical incident; a process for regularly testing, assessing, and evaluation ,the effectiveness of technical and organisational measures for ensuring the security of the processing.
Not engage a sub processor without prior specific or general written authorisation from the controller. Where the processor does engage a sub processor the processor will place on the sub processor the same obligations that are placed upon the processor by this contract.
Shall assist the controller insofar as it is possible in the controller fulfilling its obligation to respond to requests for exercising the data subject’s rights.
Assist the controller in ensuring compliance with data protection legislation around the security of personal data considering the nature of processing and the information available to the processor.
At the choice of the controller, delete or return all the personal data to the controller after the end of the provision of the services relating to processing, and deletes existing copes unless the law requires storage of the personal data.
Make available to the controller all the information necessary to demonstrate compliance with our obligations as a processor and allow for and contribute to audits, including inspections, conducted by the controller or another auditor mandated by the controller.

13. Jurisdiction:

This contract is subject to the Laws of England and the non-exclusive jurisdiction of the English Courts.

Hits: 1854

Written by Adrienna on 04 June 2021. Posted in Uncategorised.

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Testimonials

I would highly recommend

Andrew - Foot Solutions

"I recently faced an incredibly stressful and complex HR issue that threatened not only the harmony of my team, but also the overall success of my business. Thankfully, I was fortunate enough to have Jonathan Keable from Business Success HR in my corner.

From the moment I reached out to Jonathan, he demonstrated a genuine commitment to helping me navigate the challenging situation I was in. As I'd already worked with Jonathan before, he already had my trust, but with his professional and empathetic approach, I was put at ease as we worked together to devise a plan of action.

Jonathan's knowledge of HR best practices was nothing short of incredible and one of the most remarkable aspects of working with him was his unwavering dedication to finding a solution that benefited everyone involved. Through his creative problem-solving skills and commitment to fairness, he was able to facilitate a successful resolution that exceeded my expectations.

Thanks to Jonathan's excellent service, my business was able to overcome this challenging HR issue, resulting in a stronger, more cohesive team and an even greater ability to achieve our goals.

In conclusion, Jonathan Keable's outstanding service and dedication played a pivotal role in transforming a highly stressful situation into a successful outcome for all involved. I am confident that any business owner who works with him will benefit greatly from his expertise, and I wholeheartedly endorse him as an exceptional HR professional."
I would highly recommend

Ocean City Therapy

"As someone quite new to business, we were recommended Jon and his team. Adrienna, Jon and Alexandria were brilliant at our initial meeting and subsequent planning meeting. They provided us information and guided us to things we had no knowledge of.

To anyone looking to start, build or develop a business I would highly recommend Business success HR and marketing.

We are looking forward to continuing our journey with them."
Huge success!

Martin & Co.

The feedback has been superb after every session, a huge success!
Achieve significant improvement much faster

Rafal Kielkowski - KFBM Contractors

In the Beginning, for couple years, I tried building my business KFBM Contractors by myself. All documentation, valuations, invoices, hiring employees and much more without any experience, system etc. I looked for help online, Unfortunately, the results were not good enough, but I did not give up. I met with Jonathan Keable – Business Succes Marketing Ltd, who analyzed my business. They then established a foundation for my business, as well as deep business analysis. This helped me achieve significant improvement much faster. I can also manage projects more efficiently as well as moving on to larger projects sooner. I know this is only the beginning and I have a lot to learn. I know that business development is a constant process and elimination of weaknesses to achieve progress. Now I know that there is someone with great experience, knowledge and contacts who can help effectively. thank you very much to Jonathan Keable, for all the help. I will be using this service in the future. I recommend it very much - it's really worth it.
I trust their advice

Lisa Taylor-Jones, Step Up Speech and Language

As someone who has seen my business grow, but not sure what to do to take it to the next level, I am really impressed with the experience I had with Business Success Marketing. I found both Jonathan and Adrienna really easy to talk to and, following a consultation, can now clearly see the current strengths and needs of my business. They have helped clarify where I need to focus my attention and provided me with a list of actions which are all important to take my business forward. Most importantly I trust their advice and they clearly care about what they do while providing a bespoke service to bring out the best in each business they support. I highly recommend!
Brilliant session

Lorraine Jameson, Economic Development Officer at Plymouth City Council

A big thanks to Jonathan Keable for hosting a brilliant session on How Approach and Engage with Larger Businesses: A Guide for SMEs.
They are amazing at what they do

Plymouth Property Maintenance Ltd.

Another great catch up with Jonathan Keable and Adrienna Cheshire as always. If you are thinking of taking your business to the next step I highly
recommended you getting in contact with Business Success. They are amazing at what they do and have been a key part in the growth and
success of Plymouth Property Maintenance Ltd.
We thoroughly enjoy working with them

Sam Goldman, Nirvana Vets

Jonathan & Adrienna go one step further than any marketing agency ever would and I cannot put into words how grateful I am that we went with them from day 1. They both have a genuine desire for your business to succeed and grow and we thoroughly enjoy working with them.
I’m delighted with all their efforts

Helen Kremer-Williams, The Olive Branch Plymouth

I have had the pleasure of working with Jonathan & Adrienna for the past few months. What a great team! We started off by producing a carefully thought out business plan and strategy to help my business grow.
Jonathan & Adrienna between them have all the skills, experience and expertise you could possibly need for your business.
They are professional, friendly & have produced great marketing strategies. website improvements and brand identity, to name a few.
What I really was impressed with is what they have achieved in a short space of time. I’m delighted with all their efforts to help my business be a growing success. I cannot recommend them enough and look forward to continuing working with them in the future. Thank you both for all your hard work.
Helped us to grow and develop our brand

kerry-Leigh Watkinson, CPMR

'CPMR Ltd have been supported by the team at Business Success for a number of years now. Jonathan and Adrienna have provided us and continue to provide us with outstanding Business support. They have provided services ranging from Marketing, HR, Business Management and Recruitment.
As a Business we feel confident knowing they are on hand to assist us with our business needs at a level that suits us when we need it.
The personal involvement from Jonathan and Adrienna has meant they understand our company culture and ethos and have helped us to grow and develop our brand and our business.'
I would highly recommend his services

Mark Hannaford

'Thanks to Jonathon for his timely and helpful advice regarding my questions about a member of staff. His approachable and professional manner were very much appreciated and I would highly recommend his services'
They have been a great asset to my business

Ross Elwell, EarthCoat

'Jonathan & Adrienna are such a great team. I have used Business Success for all my companies HR and its great to have such a knowledgeable team behind the scenes. Not only have they been a great asset to my business and giving me peace of mind but they have also advised and recommended successful business opportunities so I can keep progressing in my ventures.

Thank you very much for everything you have done to date, looking forward to carrying our business relationship into 2022.'
Would not hesitate in recommending

James Beardsmore, BVEC

'From updating our company handbook to dealing with illness or any disputes or concerns Jonathan has given us great advice and dealt with everything we have sent his way extremely professionally. On behalf of BVEC i would like to thank Jonathan for his work so far and would not hesitate in recommending him to anyone requiring HR services.'
Pushed our business forward

David Kingwell

Jonathan and Adrienna have really helped us to push our business forward with great success. They are a pleasure to work with and extremely helpful.
Outstanding HR Support

Alison Jenkins

Jonathan Keable provided outstanding HR support for me over how to end a probationary contract. JK provided very clear and simple steps that have to happen. Sadly, this situation has escalated and escalated, now requiring police support. If JK hadn’t given this sound advice, as a company we could be facing an employee’s tribunal.
I have no hesitation in recommending

Ben Houston

For someone who is very much into facts and figures, when JK and Adrienna asked me what’s your USP, Brand Promise and Tagline, from my very quizzical look, I think they may have realised then that they were talking to someone who had no idea about any of these things.

Unfazed, they took the time to explain what each one was and more importantly for me, gave me advice on how to identify them. JK’s various stories really helped with this and their perseverance whilst I went through a number of ‘duds’ was very welcome.

In addition, JK’s wealth of business knowledge was very helpful in giving me ideas for my new business and how to scale it quickly.

I have no hesitation in recommending JK and Adrienna and offer my sincerest thanks for the advice, time and patience they have given me.
Look no further

Matt Conway – Chestnut Carpentry

Jonathan and Adrienna have been working with me for the past few months to increase my media profile and the work and dedication they have put in is second to none. I have received professional media and business advice that has really helped my business to grow. They know exactly what they are talking about and how to implement it into my business. If you need help to boost your profile and business look no further than Business Success Marketing.
Great Service

Home Instead Senior Care Tavistock and Tamar Valley

Jonathan and Adrianna absorb the detail and offer focused, targeted and useful advice. Great service.
Professional

Julian Crosby

Excellent advice, very intuitive and highly professional.
Extremely knowledge

Lynn Rees

Jonathan was extremely knowledgeable when I presented him with my marketing issue. What stood out was that he went out of his way to give his time, expertise and support for which I am grateful.
Fantastic

Mike

Recently took Jonathan up on his initial 1hr chat, regarding possibly working together on growing my business.

His knowledge was fantastic and before we had finished, he had already given me 3-4 ideas to work on going forward.
Wakeup Call

Fort Stamford

Social Media wakeup call – a call to Action. Excellent & professional.
Marketing Strategies

James Marks

Since working closely with Jonathan and Adrienna my knowledge and understanding of marketing strategies and business as a whole has gone from strength to strength.
Aware

Essa Drama

I am now aware that I now need to market my business more effectively!
Moving Forward

Stu May

Awesome… Our Marketing Discovery day was hard, however so worth it, we are now looking at the business in a very different way and moving forward with all the suggestions Jonathan & Adrienna helped us come up with … the future is now looking very different @plymclean.
Digital marketing strategy

Tatdarat B

Adrienna and Jonathan have been extremely helpful and pointed out lots of important key factors in terms of our digital marketing strategy. They are both very understanding, approachable, knowledgeable and professional.
Excellent advice

Bella Reid

Jonathan and Adrienna are both very knowledgeable and incredibly helpful with helping to market my business. As a business owner, it is very difficult to know if you’re marketing or advertising your business correctly. Both gave me some excellent advice on my current business marketing from a different perspective and provided me with so many great ideas to help improve my footfall for the future. They are highly recommended.
Friendly

RM Builders & Contractors

Professional and knowledgeable. Jonathan and Adrienna find a way to get the important information across to you, while keeping the discussion friendly and relaxed.
Professional, friendly, and knowledgeable

Sam Brooks

Jonathan & Adrienna are both professional, friendly and very knowledgeable. Unfortunately, my Marketing knowledge is somewhat minimal, so I was desperate for some guidance and ideas of how and where to begin – they gave me some really great ideas of what I needed to do to get me out of the starting blocks.

I would wholeheartedly recommend you have a conversation with them as I believe they are able to help you increase your marketing and profitability.
Clear, logical, and effective

ACC Language Services

We would definitely recommend their services. The marketing they provided covered a lot of useful information which was easy to absorb. The structure was clear, logical and effective. In short, Business Success has been very helpful for our marketing strategies.
Informative marketing

Dan Gough

Jonathan is evidently an expert in his field, and Adrienna is a fantastic addition to the team – together they deliver very informative marketing, disseminating relevant information in a refreshingly simplistic manner.
Organised and strategic

Get Going with Body Mind Therapies

Created an organised & strategic approach to getting my message out there.
Inspiring

Liz Robinson

Jonathan and Adrienna are both inspiring and extremely helpful, I came away with the boost and knowledge I needed, a definite recommendation.
Trebled our turnover

Phil Rivers

At the stage that we were introduced to Jonathan Keable, we had been running our business for over 9 years with a directly employed team of 12 operatives.

We were turning over around £500k per annum, whilst barely generating any net profit.

I was generally working all of the hours that god sends to make a success of the business, and whilst we were gaining a great reputation for what we were doing, there was very little reward.

Jonathan has helped to transform our business in some of the following ways:-

Spending time planning, marketing and forecasting our business & setting realistic targets and goals,
Tracking and monitoring financial performance on a monthly basis to ensure we stay on the right track.
In the first year with Jonathan, we have doubled our turnover to £1 million and are halfway through our latest financial year whilst being on track to treble our turnover to £1.5 million. Whilst maintaining a healthy net profit. We are now firmly in the driving seat thanks to Jonathan, who provided us with the marketing, knowledge, and tools to make this happen.
Performance

Neil Hurst

Jonathan and Adrienna have amassed much experience over many years in helping businesses grow and improve their performance and are able to part with their knowledge in a clear and precise friendly manner. Thank you both.
Highly Recommended

Craig Fearn

After talking to a few people, I made a call to Jonathan and have to say that his instant grasp of the situation was refreshing. It was not a call where I was promised the Earth but rather one where I was asked what we could work together to achieve. It was at that point I decided this was the right decision for me.

The process from there was challenging, thought provoking and fun! I can honestly say I have never thought about my business or sector the way I do now. The chemistry between Adrienna and Jonathan was in equal parts disarmingly charming and laser focused on achieving results.

Their approach employed throughout the experience I believe has given me the tools to better understand the nature of my business as well as set growth goals and target specific markets.

This modern-day dynamic duo are clearly focused on increasing your understanding of your marketing to enable you to thrive going forward.

Highly Recommended!
This is the business to help you

Hemming Birds

Since working with Jonathan and Adrienna, we have received great business marketing support which has enabled us to move the business forward and make smarter decisions. We would recommend Business Success to anyone looking for support, fresh ideas and a positive attitude to drive your business forward. If you like to be challenged to achieve new goals this is the business to help you!
See opportunities

Konstruct Studios

Jonathan and Adrienna came into our business with a fresh pair of eyes and listened intently to our views and frustrations. They were able to see opportunities from a fresh perspective and offer help and advice. They have both our respect and trust and we would have no hesitation in recommending their services to others.
Professional and approachable

Chris Heron

I attended a seminar presentation with Adrienna and Jonathan on Social media. I was very impressed and learnt a lot. They were both very professional & approachable. Thank you both.
Sky high results

Charlotte & Chris

Jonathan’s business & marketing knowledge is invaluable. He has been able to guide us on the actions we need to take to make dramatic improvements to our business, but in small manageable steps. Jonathan has really helped us to focus on what we want to accomplish, and we have implemented some brilliant processes which have achieved great results already. Jonathan is an approachable, professional expert and draws on his vast experience to motivate and inspire us. We find it reassuring to know that he is always on the end of the phone and have been able to seek his sound advice at short notice. We wouldn’t hesitate to recommend Jonathan, we can’t fault his down to earth approach to achieving sky high results!
Clear-headed advice and positive enthusiasm

Kevin Cowie

Starting a business is exciting, demanding and scary in equal measure. I had the good fortune to meet Jonathan during an event where he was generous with both his time and advice. It was particularly encouraging to be able to express my anxieties with someone who really “got it.” He was very quickly able to get to the crux of my concerns and get me focused on the key areas that will underpin my aspirations to grow the company. With Jonathan’s incisive evaluation, clear-headed advice and positive enthusiasm, I am stepping confidently into the next phase of growth for the company. Call him now!
Practical and realistic

Clair Wellsbury-Nye

I came away from my first session with Jonathan feeling really positive, determined and focused. He was really encouraging, but also practical and realistic – just what I needed!
Brand awareness

Mike Tozer

The one to one support I received from Adrienna was extremely helpful. Adrienna identified a number of ways our company could develop brand awareness and help grow our business. I would definitely recommend Business Success Marketing.
Pleasure to work with

Emily Lyons

Adrienna is very knowledgeable and her insight was extremely helpful with finalising our marketing strategy. She was a pleasure to work with, I would highly recommend them!
Pragmatic, and actionable marketing

Sune Nightingale

Jonathan has a non-nonsense friendly approach, no doubt helped by his practical past experiences.

I went to a morning event that they ran in Plymouth and it was a good all-round introduction to the various ways in which Jonathan and Adrienna offer practical, pragmatic and actionable Marketing help & guidance.
Highly recommended

Lewis Dutson

Jonathan and Adrienna provided me with some fantastic information in order to help me move forward with my business. Being a young business owner, there’s a lot for me to learn. They helped me to understand what my next steps are to become a success. They provided me with knowledge that I can use for a very long time. Highly recommended.
Knowledgeable and enthusiastic

Colin Hicks

Jonathan is knowledgeable and enthusiastic and able to convey his message clearly and concisely. He gave us advice on a number of wide ranging issues, and we look forward to growing our business with a clarity of direction not present before Jonathan’s input. Thank you.
Energised

Simon Edwin

Jonathan knows business inside out. I’m feeling energised and excited about my marketing after just an hour of talking with Jonathan. Thank you!
Motivating

Geoff Hunt

Comprehensive Marketing that covers all aspects of a business, and its development. Bespoke, personal and motivating. Everything you’ll need to reach success. Business Success Marketing really listen to YOUR goals and work closely with you to deliver real results, teaching you marketing skills that you’ll keep forever.
Grateful

Simon Bantock

Thank you to both Jonathan and Adrienna for some very useful input.
Direct style, no fuss, no waffle

Tim Randell

Just finished a session with Jonathan and found it very thought-provoking. It is vitally important to take time out of the business day-to-day and talk with an independent expert about going forward, and the steps needed to get there. Jonathan has a direct style, no fuss, no waffle just plain speaking – highly recommend.
Recommend without hesitation

Johnny May

My digital marketing with Adrienna was very helpful, with guides of good practice, what I had done well, what could be improved and most importantly, how! Recommend without hesitation.
Excellent

Lucy Bassett

Excellent, independent advice and guidance for anyone in business. Jonathan helps a business owner with marketing clarity, goal setting and time scales to achieve targets. Plenty of tips for growing a business and maintaining clients, look forward to working with Jonathan again ????
Motivational

Lucy Evely

Jonathan is very motivational and has really helped. I’d definitely recommend him to all business owners.
Reliable, knowledgeable, professional

Carol Moulding Moorprint Ltd (Plymouth)

Jonathan is reliable, knowledgeable, very professional and an all-round nice guy. I would have no hesitation in recommending him.
Clarity

Diane Highfield Associates

I have more clarity regarding the scope of an online marketing strategy.
Strong sales and marketing

Lucy Thornton

We now have strong sales and marketing plans in place and our team have more clearly defined roles. We highly recommend Jonathan to any business owner, we have gained a huge amount from his expertise.
5 Star

A google user

Jonathan has always been very helpful and knowledgeable. Very friendly guy with tons of experience to help any business 5*
Motivated and focused

The TEH office

Jonathan’s insight, straight talking and wealth of personal experience make him an invaluable asset to any business looking for perspective and strategic support. He has generously shared his expertise with a number of business owners here and they have left motivated and focused.
Just what I needed

Clair Wellsbury-Nye

Jonathan has clearly experienced challenges that business owners deal with daily and has sound marketing strategies to overcome those hurdles. I’d definitely recommend him.
Definitely recommend

Shaun Weston

I had the pleasure of listening to Jonathan speak during a webinar this week and it was extremely insightful! Jonathan has clearly experienced challenges that business owners deal with daily and has sound strategies to overcome those hurdles. Hearing him talk was not only inspiring but showed me that with intelligent forecasting it is possible to work on a business and not just in it as an employee. I’d definitely recommend getting his perspective.
Fantastic

Alex Sampson

So far, my experience with Jonathan and Business Success has been fantastic – looking forward to going forward together.
Professional

Social Plymouth

Jonathan is very professional and thorough and can back up what he’s saying with real life experiences. I’d recommend any business to have a chat with him.
Highly recommended

Theresa Blake

Great guy who called when he said he would. He did a lot of research about our company and provided a lot of advice and guidance. Highly recommended.
Excellent

John Lloyd

I was fortunate to be amongst an enthralled audience at a recent business networking event when Business Success presented on the topic of social media marketing.

You’re never quite sure what to expect from these events, but I was very impressed by the two presenters (Jonathan and Adrienna) who were engaging and insightful, understanding that their audience was drawn from a wide range of backgrounds, with varying degrees of pre-existing knowledge and market relevance.

Talking to such a diverse group could have presented problems – but the presentation was excellent and very well-constructed, ensuring that all present walked away with either new knowledge, or new impetus to put the marketing lessons of the day into practice.

On a personal level, my prior marketing and social media knowledge base has been finessed and enhanced and I made immediate use of some of the tips that Adrienna dispensed.

Every day is a Learning Day – all the more in this case.

Highly recommended.
The 1st step towards the future

P Rivers

I learnt how to start a plan..understanding the impact of financial decisions and the impact upon margins. This was the 1st step forwards to planning our future….including our team to be involved in our transition into a company with a path and destination

It got me to take a step back and look at my organisation….. to start formulating a 5 year plan. I learnt how to start a plan; understanding the impact of financial decisions and the impact upon margins. This was the 1st step forwards to planning our future….including our team to be involved in our transition into a company with a path and destination.
They know their stuff

Think Fit

Adrienna & Jonathan really know their stuff and are a pleasure to work with. They have an extraordinary amount of knowledge & Adrienna especially has a way of explaining everything in a really easy to understand way! Thank you so much – I would highly recommend Business Success Marketing.
Very knowledgeable

Jack Hale

Jonathan was a great help with what we were trying to achieve! Very knowledgeable man, and worth getting in touch if you have any questions to do with your business and marketing.
Focused

Lynn Roddy

Jonathan and Adrianna absorb the detail and offer focused, targeted and useful advice. Great service.
Recommend

M Leech

Jonathan is very professional and thorough and can back up what he’s saying with real life experiences. I’d recommend any business to have a chat with him.
Accountable

Simon Beasley

During the time I have been working with Jonathan, he has consistently brought valuable insights and proven strategies, and often utilised his additional resources to help me to develop my business and overcome obstacles. Jonathan has held me accountable which has helped to transform my thought processes and the techniques I use within my business, so I focus on those important and necessary areas. I would recommend Jonathan to anyone wanting to reach the next level and have the knowledge, support and encouragement he offers.
He is able to put all the pieces together

Paul Davenport Davenport Property Services

I have worked with Jonathan now for over 7 months. His positive attitude to all aspects of life and business reflect on how he mentors. I have found working with Jonathan life changing for both my business and my personal life. He is able to put all the pieces together to help build your business, attitude to business and work ethics to ensure it runs smoothly and most effectively. I can most definitely recommend Jonathan and his excellent service.
Practical information

T Stewart

Jonathan clearly understood the issues, with helpful advice, practical information and marketing tools. Many thanks.
Fun

Shave-Club

Enjoyed it. Jonathan always makes learning fun!

Book a Call

Succeeding together.

Book a call with us today so we can talk through how to help you get what you want out of your business.

Terms & Conditions

BUSINESS TO BUSINESS – Supply of Business Marketing and Internet Services:

Business Success Marketing Ltd whose registered office is at 20-22 Wenlock Road, London. N1 7GU (“the Supplier”) is part of the Business Success SW Ltd holding group;

THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 7.

1. Interpretation

1.1 Definitions:

Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

Charges: the charges payable by the Customer for the supply of the Services in accordance with clause 5.

Commencement Date: has the meaning set out in clause 2.2.

Conditions: these terms and conditions as amended from time to time in accordance with clause 11.5.

Contract: the contract between Business Success Marketing Ltd and the Customer for the supply of Services in accordance with these Conditions.

Customer: the person or firm who purchases Services from Business Success Marketing Ltd.

Customer Default: has the meaning set out in clause 4.2.

Deliverables: the Business Marketing & Internet Services produced by Business Success Marketing Ltd for the Customer.

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights in any jurisdiction.

Order: the Customer’s order for Services as set out by the Customer’s written acceptance of Business Success Marketing Ltd’s quotation.

Services: the services, including the Deliverables, supplied by Business Success Marketing Ltd to the Customer as set out in the Specification.

Specification: the description or specification of the Services provided in writing by Business Success Marketing Ltd to the Customer.

Data Protection Legislation: the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications)[; and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party].]

1.2 Interpretation:

(a) A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

(b) Any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

2. Basis of contract

2.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.

2.2 The Order shall only be deemed to be accepted when Business Success Marketing Ltd issues acceptance of the Order at which point and on which date the Contract shall come into existence from the first of the month.

2.3 Any samples, drawings, descriptive matter or advertising issued by Business Success Marketing Ltd, and any descriptions or illustrations contained in Business Success Marketing Ltd’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.

2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.5 Any quotation given shall not constitute an offer, and is only valid for a period of 10 Business Days from its date of issue.

3. Supply of Services

3.1 Business Success Marketing Ltd shall supply the Services to the Customer in accordance with the Specification in all material respects.

3.2 Business Success Marketing Ltd shall use all reasonable endeavours to meet any performance dates specified in the Specification], but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

3.3 Business Success Marketing Ltd 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 shall notify the Customer in any such event.

3.4 Business Success Marketing Ltd warrants to the Customer that the Services will be provided using reasonable care and skill.

4. Customer’s Obligations

4.1 The Customer shall:

(a) Ensure that the terms of the Order and any information it provides in the Specification are complete and accurate;

(b) Co-operate with Business Success Marketing Ltd in all matters relating to the Services;

(c) Provide Business Success Marketing Ltd with such information and materials as Business Success Marketing Ltd may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects;

(d) Obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start; and

(e) Comply with any additional obligations as set out in the Specification;

(f) Information relevant to support the Customer and their business.

4.2 If Business Success Marketing Ltd’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation:

(a) Business Success Marketing Ltd shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays Business Success Marketing Ltd’s performance of any of its obligations;

(b) Business Success Marketing Ltd shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Business Success Marketing Ltd’s failure or delay to perform any of its obligations as set out in this clause 4.2; and

(c) the Customer shall reimburse Business Success Marketing Ltd on written demand for any costs or losses sustained or incurred by Business Success Marketing Ltd arising directly or indirectly from the Customer Default.

5. Charges and payment

5.1 Condition 5.2 shall apply if the Services are to be provided on a time-and-materials basis. Condition 5.3 and condition 5.4 shall apply if the Services are to be provided for a fixed price. The remainder of this condition 5 shall apply in either case.

5.2 Where the Services are provided on a time-and-materials basis:

(a) the charges payable for the Services shall be calculated in accordance with Business Success Marketing Ltd’s standard daily fee rates as amended from time to time;

(b) Business Success Marketing Ltd’s standard daily fee rates (as published from time to time) are calculated on the basis of an eight-hour day worked between 0900hrs and 1700hrs on weekdays (excluding weekends and public holidays);

(c) Business Success Marketing Ltd shall be entitled to charge it’s standard daily fee rate (as published from time to time) plus 20% for each hour worked outside the hours as referred to in condition 5.2 (b) on a pro-rata basis;

(d) Business Success SW Ltd on behalf of Business Success Marketing Ltd shall invoice the Customer prior to the month for monthly programmes and in arrears for its charges for time, expenses and materials (together with VAT where appropriate) for the month concerned, calculated as provided in this agreement. Each invoice shall set out the time spent and provide a detailed breakdown of any expenses and materials, accompanied by the relevant receipts.

5.3 Where the Services are provided for a fixed price the total price for the Services shall be the amount set out in the Specification. The total price shall be paid to Business Success SW Ltd in instalments as set out in the Specification. All amounts due under this agreement shall be paid by the Customer to Business Success SW Ltd on behalf of Business Success Marketing Ltd in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). Business Success SW Ltd shall invoice the Customer for the charges at each relevant stage, together with expenses and the costs of materials (and VAT, where appropriate), calculated as provided in condition 5.4.

5.4 Any fixed price contained in the Specification excludes:

(a) The cost of hotel, subsistence, travelling and any other ancillary expenses reasonably incurred by the project team in connection with the Services, and the cost of any materials or services reasonably and properly provided by third parties required by Business Success Marketing Ltd for the supply of the Services. Such expenses, materials and third party services shall be invoiced by Business Success Marketing Ltd at cost; and

(b) VAT, which Business Success Marketing Ltd shall add to its invoices at the appropriate rate.

5.5 The Customer shall pay each invoice submitted to it by Business Success SW Ltd in full, and in cleared funds, within [30] days of receipt.

5.6 Without prejudice to any other right or remedy that Business Success SW Ltd may have, if the Customer fails to pay on the due date Business Success Marketing Ltd may:

(a) charge interest on such sum from the due date for payment at the annual rate of 8% above the base lending rate from time to time of Barclays Bank plc, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment; a late payment charge; and

(b) suspend all Services until payment has been made in full.

5.7 Time for payment shall be of the essence of the Contract.

5.8 Business Success Marketing Ltd may, without prejudice to any other rights it may have, set off any liability of the Customer to Business Success Marketing Ltd against any liability of Business Success Marketing Ltd to the Customer.

6. Intellectual property rights

All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by Business Success Marketing Ltd.

6.1 The Supplier grants to the Customer, or shall procure the direct grant to the Customer of, a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to copy the Deliverables (excluding materials provided by the Customer) for the purpose of receiving and using the Services and the Deliverables in its business.

6.2 The Customer shall not sub-license, assign or otherwise transfer the rights granted in this clause 6.

6.3 The Customer grants the Supplier a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by the Customer to the Supplier for the term of the Contract for the purpose of providing the Services to the Customer.

7. Limitation of liability

7.1 Nothing in the Contract shall limit or exclude Business Success Marketing Ltd’s liability for:

(a) Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

(b) Fraud or fraudulent misrepresentation; or

7.2 Subject to clause 7.1, Business Success Marketing Ltd shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) loss of profits;

(b) loss of sales or business;

(d) loss of anticipated savings;

(e) loss of use or corruption of software, data or information;

(f) loss of damage to goodwill; and

(g) any indirect or consequential loss.

7.3 Subject to clause 7.1, Business Success Marketing Ltd’s total liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to the total Charges paid under the Contract.

7.4 Whilst Supplier will use reasonable endeavours to achieve any advertising, marketing or social media objectives of Customer set out in the relevant Proposal, Supplier does not warrant that the Services or any of them will:

(a) Result in any increased awareness of Customer’s products and/or services; or

(b) Result in any increased internet traffic to Customer’s website(s); or

(c) Directly or indirectly increase the turnover of Customer, and Customer acknowledges that Supplier shall not be liable for any failure by Supplier to meet any such objectives where such failure arises as a result of any fact or matter outside the reasonable control of Supplier (including, for the avoidance of doubt and not limited to, any event of Force Majeure, market forces and the changing nature of internet browsing, search engine and advertising technologies).

(d) Any estimates provided by Supplier relating to projected hit rates, pay-per-click performance or any other form of measuring internet traffic and browsing, are provided in accordance with Good Industry Practice but any such estimates cannot be guaranteed and Supplier provides no warranty in relation to achievement of the same.

(e) Supplier does not warrant the suitability, adequacy or quality of any Third Party Services provided or made available to Customer as a result of or in connection with the Services.

(f) Supplier may from time to time request that Customer make certain technical changes (in the form of uploading new or optimised content or otherwise) in order to increase the online visibility of Customer and/or its products, and/or to achieve any advertising, marketing or social media objectives of Customer set out in the relevant Proposal. Customer shall make any such changes as soon as reasonably practicable.

(g) Customer acknowledges that Supplier is not liable for any loss or damage incurred by Customer to the extent that this results from any failure or delay by Customer to discharge its obligations (or any of them) under this Agreement, including Customer’s failure or delay in implementing any changes requested by Supplier.

7.5 Customer warrants and represents to Supplier that:

(a) It has the right, power and authority to enter into this Agreement and grant to Supplier the rights contemplated in this Agreement, and to receive the Services;

(b) It has all rights and licences to any Customer Material and any Third Party Material provided pursuant to this Agreement and to grant all necessary licences to Supplier to use the same in accordance with the terms of this Agreement; and

be fraudulent, defamatory, libellous, threatening or harassing, obscene, indecent or pornographic or otherwise contrary to law;
infringe the Intellectual Property Rights of any third Party; or
contain any viruses or other harmful or intrusive programs or other code.
All other warranties and representations as to the Services, whether statutory or implied, are hereby expressly excluded to the fullest extent permitted by law.
Any warranties given by Supplier shall be subject to Customer using the Services in compliance with this Agreement.

7.6 Limits on liability

(a) Subject to the following sub-clauses, in no event shall the aggregate liability of Supplier to Customer (whether in contract, tort (including negligence) or otherwise) and in respect of all claims, losses and damages arising under or in connection with this Agreement exceed: £500 (Five Hundred pounds) in respect of any one claim or series of related claims.

(b) The above limit on liability shall apply in respect of any indemnities provided by Business Success Marketing Ltd under this Agreement.

(c) Supplier's liability to Customer in contract, tort (including negligence), for misrepresentation (whether innocent or negligent), for breach of statutory duty or otherwise arising out of or in connection with this Agreement shall not extend to any loss of profits, business opportunity, goodwill, data, anticipated savings or any special, indirect or consequential loss or damage whatsoever, even if foreseeable or if Supplier has been advised of the possibility of such damage.

(d) The parties agree that the limitations on liability in this Agreement are fundamental to the Agreement and are reasonable given their respective commercial positions and ability to purchase relevant insurance in respect of risks under this Agreement. Customer acknowledges that Supplier would not provide any Services to Customer without such limitations.

7.7 This clause 7 shall survive termination of the Contract.

8. DATA PROTECTION

8.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This Clause 8 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation. In this Clause 8, Applicable Laws means (for so long as and to the extent that they apply to the Supplier) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK.

8.2 The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the controller and the Supplier is the processor.

8.3 Without prejudice to the generality of Clause 8.1, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the personal data to the Supplier for the duration and purposes of the Contract.

8.4 Without prejudice to the generality of Clause 8.1, the Supplier shall, in relation to any personal data processed in connection with the performance by the Supplier of its obligations under the Contract:

(a) Process that personal data only on the documented written instructions of the Customer unless the Supplier is required by Applicable Laws to otherwise process that personal data. Where the Supplier is relying on Applicable Laws as the basis for processing personal data, the Supplier shall promptly notify the Customer of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Supplier from so notifying the Customer;]

(b) Ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Customer, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

(c) Ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential; and

(d) Not transfer any personal data outside of the European Economic Area unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled:

(i) the Customer or the Supplier has provided appropriate safeguards in relation to the transfer;

(ii) the data subject has enforceable rights and effective legal remedies;

(iii) the Supplier complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; and

(iv) the Supplier complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the personal data;

(e) Assist the Customer, at the Customer’s cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

(f) Notify the Customer without undue delay on becoming aware of a personal data breach;

(g) At the written direction of the Customer, delete or return personal data and copies thereof to the Customer on termination of the agreement unless required by Applicable Law to store the personal data; and

(h) Maintain complete and accurate records and information to demonstrate its compliance with this Clause 8 and immediately inform the Customer if, in the opinion of the Supplier, an instruction infringes the Data Protection Legislation.

9. Termination

9.1 Without limiting its other rights or remedies, either party may terminate the Contract by giving the other party 1 months’ written notice.

9.2 Without limiting its other rights or remedies, either party may terminate the Contract with immediate effect by giving written notice to the other party if:

(a) The other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so;

(b) The other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

(c) The other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or

(d) The other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.

9.3 Without limiting its other rights or remedies, Business Success Marketing Ltd may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment and remains in default not less than [14] days after being notified to make such payment.

10. Consequences of termination

On termination of the Contract for any reason:

(a) The Customer shall immediately pay to Business Success Marketing Ltd all of its outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, Business Success Marketing Ltd shall submit an invoice, which shall be payable by the Customer immediately on receipt;

(b) [The Customer shall return all of any Deliverables which have not been fully paid for.]

(c) The accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and

(d) Clauses which expressly or by implication survive termination shall continue in full force and effect.

(e) From the date of termination, Business Success Marketing Ltd ceases responsibility and liability for any managed products and services that they agree to pass onto the client or 3rd party.

11. General

11.1 Force majeure

Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

11.2 Assignment and other dealings

(a) Business Success Marketing Ltd may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.

(b) The Customer shall not, without the prior written consent of [company name], assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.

11.3 Confidentiality

(a) Each party undertakes that it shall not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 11.3(b).

(b) Each party may disclose the other party’s confidential information:

(i) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 11.3; and

(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

(c) Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.

11.4 Entire agreement

11.5 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

11.6 Variation

Business Success Marketing Ltd may revise these terms and conditions at any time and shall notify the Customer in any such event.

11.7 Waiver

A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.

11.8 Severance

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.

11.9 Notices

(a) Any notice given to a party under or in connection with this contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office.

(b) This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. For the purposes of this clause, “writing” shall not include email.

11.10 Third parties

No one other than a party to the Contract shall have any right to enforce any of its terms.

11.11 Governing law

The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

11.12 Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

11.13 Specification

Business Marketing & Internet Services

11.14 Third Party Services

(a) If the Services include the management or arrangement of the provision of Third Party Services, Customer agrees and acknowledges that:

Supplier shall not be responsible for, and provides no warranty in relation to the provision, availability or quality of the Third Party Services;
Customer shall directly and without delay enter into any licence or other form of agreement required by the relevant third party relating to the provision of such Third Party Services and shall comply with the terms and conditions of such Third Party Agreement; and
Customer shall be responsible for and indemnify and keep indemnified and hold Supplier harmless against all and any Third Party Charges, together with any claims, losses damages, costs and expenses incurred by Supplier as a result of or in connection with any Third Party Agreement.

(b) Supplier and Customer may agree from time to time in writing:

A budget for Third Party Charges spend in relation to a particular Third Party Service; and/or
The hours during which the Third Party Service will be operational.

(c) In such circumstances set out in clause 2, Supplier shall use reasonable endeavours during Service Hours to monitor the relevant balance of such Third Party Charges and to bring any actual or potential overspend to the attention of Customer in writing PROVIDED THAT:

increased consumer browsing traffic; or
any such third party’s actions or amendments to the Third Party Service; or
otherwise; and

Supplier provides no guarantee that the Third Party Charges will not exceed any such budget whether as a result of:
Customer shall be ultimately responsible for reviewing and monitoring the level of Third Party Charges spend and liaising with the relevant third party in the event of any concerns relating to the level of such spend