Tristan James Enterprises LTD
Trading as: London Marketing Company, Oxford Marketing Company, Bristol Marketing Company, Reading Marketing Company, Swindon Marketing Company, and other associated trading names
- Company Number: 13375416
- VAT Number: 411491133
- Registered Address: 2nd Floor, Berkeley Square House, Berkeley Square, Mayfair, London, England, W1J 6BD
- Bristol Office: 10-11 Saville Pl, Saville Court, Clifton, Bristol, BS8 4EJ
- Contact Email: [email protected]
- Bristol Contact Email: [email protected]
1. Introduction
These terms and conditions (“Terms”) govern your use of our services provided by Tristan James Enterprises LTD, trading as London Marketing Company, Oxford Marketing Company, Bristol Marketing Company, Reading Marketing Company, Swindon Marketing Company, and other associated trading names (“Company”, “we”, “us”, “our”). By engaging with us or using our services, you acknowledge that you have read, understood, and agree to comply with these Terms.
IMPORTANT: By using our website, contacting us, and/or instructing our services, you are agreeing to these Terms and Conditions in full.
For the purposes of these Terms, the following definitions apply:
- Applicable Law: All applicable laws, legislation, statutory instruments, regulations and governmental guidance having binding force whether local or national
- Bribery Laws: The Bribery Act 2010 and all Applicable Laws in connection with bribery or anti-corruption
- Business Day: A day other than a Saturday, Sunday or bank or public holiday
- Client: The named party in the Contract which has agreed to purchase the Services
- Confidential Information: Any commercial, financial or technical information, information relating to the Services, plans, know-how or trade secrets which is obviously confidential in nature or has been identified as confidential
- Contract: The agreement between the Supplier and the Client for the supply and purchase of Services incorporating these Conditions and any Proposal
- Effective Date: The date of the start of this Contract for Services as shown in the Proposal
- Force Majeure: An event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its obligations under the Contract
- Proposal: The Proposal for the Services from the Supplier placed by the Client
- Fees: The charges payable by the Client for the supply of the Services by the Supplier
- Services: The Services set out in the Proposal to be performed by the Supplier
- Supplier: Tristan James Enterprises LTD trading as London Marketing Company, Oxford Marketing Company, Bristol Marketing Company, Reading Marketing Company, Swindon Marketing Company
- VAT: Value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax
2. Services
We provide a comprehensive range of marketing services, including but not limited to:
Marketing Management and Consultancy: Strategic marketing planning, campaign management, market analysis, brand strategy development, marketing audits, performance reporting, and ongoing marketing consultancy
Website Design, Development, Hosting and Management: Responsive website design, custom website development, e-commerce solutions, content management systems, website hosting services, regular maintenance, security updates, and ongoing website management
Google SEO (Search Engine Optimisation): Comprehensive search engine optimisation services, keyword research and implementation, on-page SEO enhancements, technical SEO audits and improvements, local SEO, content optimisation, link-building strategies, and regular performance monitoring
Google PPC (Pay-Per-Click): Strategic Google Ads campaign management, keyword research and selection, ad copy creation, landing page optimisation, bid management, campaign monitoring, conversion tracking, and ROI analysis
Social Media Marketing: Platform strategy development, content creation and curation, profile setup and optimisation, community management, paid social media advertising, influencer collaborations, engagement monitoring, and performance analytics
Branding and Design: Logo design and development, brand identity creation, style guide development, visual asset creation, marketing collateral design, packaging design, and consistent brand implementation across all channels
Media Production: Professional photography services, commercial video production, 360° virtual tours, drone photography and videography, media editing, animation
The Services shall be deemed performed on completion of the performance of the Services as specified in the Proposal. We may perform the Services in instalments, and any delay or defect in an instalment shall not entitle the Client to cancel any other instalment.
We shall use reasonable endeavours to meet estimated dates for performance, but any such dates are indicative only. We shall not be liable for any delay in or failure of performance caused by the Client’s failure to provide information, make themselves available, or provide adequate instructions, or due to Force Majeure.
Specific deliverables, timelines, performance metrics, and service-level agreements are defined separately in contracts, statements of work, or service agreements.
3. Client Responsibilities
Clients agree to:
- Provide accurate, complete information necessary for service delivery
- Review and approve deliverables within agreed timeframes
- Designate appropriate points of contact authorised to make decisions
- Provide timely feedback and maintain reasonable communication
- Grant necessary access to accounts, systems, and information required for service delivery
- Ensure all provided content complies with applicable laws and regulations
- Notify us promptly of any issues or concerns with delivered services
We shall not be liable for any delay in or failure of performance caused by:
- The Client’s failure to provide information required by the Supplier
- The Client’s failure to make themselves available as required
- The Client’s failure to provide the Supplier with adequate instructions for performance
- Force Majeure
4. Payments & Fees
- All payments must be made in accordance with agreed invoices and payment schedules
- Standard payment terms are 14 days from invoice date unless otherwise specified
- VAT (if applicable) will be charged at the prevailing rate (currently 20%)
- Late payments may incur interest as per Late Payment of Commercial Debts (Interest) Act 1998 at 8% plus the Bank of England base rate
- Work will only commence upon receipt of agreed deposits (typically 50% for project work)
- Recurring services require valid payment details on file or standing order/direct debit arrangements
- Additional services beyond agreed scope will be quoted and billed separately
- We reserve the right to suspend services for accounts with outstanding payments
- All fees are subject to annual review and may be adjusted with 30 days’ notice
5. Cancellations, Termination & Refunds
- Cancellations must be requested in writing to your account manager or via email
- For ongoing services, we require a minimum notice period of 30 days
- Contracts will terminate in accordance with the term provisions contained in the Proposal
- For contracts with a fixed Original Term, the Contract will automatically continue on a rolling monthly basis (Extended Term) unless terminated with at least two months’ written notice before the end of the Original Term or Extended Term
- Where a Contract is terminated prior to the end of either the Original Term or any Extended Term, the Client is responsible for paying the balance of the Fees due for the remainder of that term in full
- Either party may terminate the Contract if the other party commits a material breach which is not remedied within 14 days of written notice, or fails to pay any amount due within 30 days after notification of overdue payment
- We may terminate the Contract at any time by giving four weeks’ notice in writing
- Refunds are only considered if services have not yet commenced
- Non-refundable deposits apply for all custom project work
- All outstanding invoices must be settled regardless of cancellation
- Termination or expiry of the Contract shall not affect any accrued rights and liabilities at any time up to the date of termination
6. Anti-Defamation & Confidentiality
Anti-Defamation
Clients agree not to make false, misleading, or defamatory statements about our company, services, or personnel in any public or private forum, including but not limited to social media, online reviews, press publications, industry events, or business communications. This includes but is not limited to:
- False claims about service delivery or performance
- Misleading statements about pricing or contractual terms
- Unfounded accusations regarding business practices
- Personal attacks on staff members
Each party agrees it has not and shall not directly or indirectly make, publish or otherwise communicate any disparaging or derogatory statements, or negative comments or opinions, whether in writing or otherwise, which are intended to or which might be expected to damage or lower the business or professional reputation or financial standing of the other party or any of their respective present or former directors, officers, shareholders, agents, employees or workers.
Any defamatory actions may result in legal proceedings for reputational damage, cease and desist notices, or claims for damages. This clause does not restrict fair, factual reviews or legitimate complaints raised through appropriate channels.
Confidentiality
The Client shall keep confidential all Confidential Information of the Supplier and shall only use the same as required to perform the Contract. Both parties agree to maintain strict confidentiality regarding:
- Business strategies and marketing plans
- Customer and prospect lists
- Financial information and pricing structures
- Proprietary methodologies and processes
- Technical specifications and account access
- Customer data and analytics
Information shared in confidence shall not be disclosed to third parties without prior written consent, except as required by law or for the purpose of obtaining professional advice. This confidentiality obligation continues beyond the termination of our business relationship and shall remain in force in perpetuity.
The Client shall not make any public announcement or disclose any information regarding the Contract, except to the extent required by law or regulatory authority.
7. Limitations of Liability & Indemnity
Limitations of Liability
- The extent of the parties’ liability under or in connection with the Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause
- We are not liable for indirect, incidental, special, or consequential losses
- Our total liability shall not exceed the sum of the fees paid by the Client
- We are not liable for any loss of profit, loss or corruption of data, loss of use, loss of production, loss of contract, loss of opportunity, loss of savings, discount or rebate (whether actual or anticipated), or harm to reputation or loss of goodwill
- We do not guarantee specific results from marketing campaigns and cannot be held responsible for external factors affecting outcomes including but not limited to market conditions, competitor activities, algorithm changes, or platform policies
- We are not responsible for loss of data, business interruptions, or third-party service failures
- No liability is accepted for content provided or approved by the client
- These limitations do not apply to any indemnities given under the Contract
- Nothing in these limitations shall limit liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other losses which cannot be excluded or limited by Applicable Law
Indemnity
- The Client shall indemnify, and keep indemnified, the Supplier from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by the Supplier as a result of or in connection with the Client’s breach of any obligations under the Contract
- The Client shall have in place contracts of insurance with reputable insurers incorporated in the United Kingdom to cover its obligations under these Conditions
- On request, the Client shall supply evidence of the maintenance of the insurance and may be asked to assign to the Supplier the benefit of such insurance
8. Intellectual Property
- Notwithstanding other provisions, the Supplier agrees that any intellectual property provided to it by the Client shall remain the sole property of the Client, including copyright, patents, know-how, trade secrets, trade marks, trade names, design rights, rights in get-up, rights in goodwill, rights in software, and any other intellectual property rights
- All materials, designs, strategies, code, and content created by us remain our intellectual property unless otherwise agreed in writing
- The Client consents to the Supplier’s use of the Client’s imagery, works and/or projects for the Supplier’s own promotional purposes
- The Client confirms it has full ownership or required or relevant license or has paid any required or relevant participation fees for its Intellectual Property
- Upon final payment, clients receive a limited license to use deliverables for the intended purpose
- Clients may not modify, reproduce, distribute, or create derivative works without permission
- We retain the right to use non-confidential work in our portfolio and marketing materials
- Clients retain ownership of their pre-existing materials and content
- Third-party elements (e.g., stock photos, fonts, plugins) are subject to their respective licenses
- The Client shall indemnify the Supplier against all losses, damages, liability, costs and expenses incurred by the Supplier in connection with any claim arising from the Client not having the required license or participation fees, or the Client’s willful misuse or negligence of the Intellectual Property
- Unauthorized use may result in legal action and additional usage fees
9. Confidentiality
Both parties agree to maintain strict confidentiality regarding:
- Business strategies and marketing plans
- Customer and prospect lists
- Financial information and pricing structures
- Proprietary methodologies and processes
- Technical specifications and account access
- Customer data and analytics
Information shared in confidence shall not be disclosed to third parties without prior written consent, except as required by law or for the purpose of obtaining professional advice. This obligation continues beyond the termination of our business relationship.
10. Data Protection
We process personal data in accordance with our Privacy Policy and applicable data protection laws. For the purposes of this Schedule:
a. Data Protection Laws means any applicable law relating to the processing of Personal Data, as applicable to either party or the Services, including: i. the GDPR; ii. any laws which implement or supplement such laws; iii. any laws that replace, extend, re-enact, consolidate or amend any of the laws stated in (i) and (ii) above; iv. all guidance, codes of practice and codes of conduct issued by any relevant Data Protection Supervisory Authority relating to such Data Protection Laws (whether legally binding or not).
b. GDPR means the UK General Data Protection Regulation;
c. Protected Data means Personal Data received from or on behalf of the Client, or obtained in connection with the performance of the Supplier’s obligations under the Agreement; and
d. Sub-processor means any agent, subcontractor or any other third party engaged by the Supplier (or by any other Sub-Processor) for carrying out any processing activities in respect of the Protected Data.
The terms “Controller”, “Data Subject”, “International Organisation” “Member State”, “Personal Data”, “Personal Data Breach”, “Processor”, “Processing” and “Supervisory Authority” shall have the same meaning as in the GDPR.
The parties agree that the Client is a Controller and that the Supplier is a Processor for the purposes of processing Protected Data pursuant to the Contract.
As part of our services, we may act as either a data controller or data processor. When acting as a data processor on behalf of clients, we:
- Process data only on documented instructions from the client
- Ensure appropriate security measures
- Assist clients in fulfilling data subject rights requests
- Delete or return all personal data at the end of the service
- Submit to audits and inspections as reasonably required (subject to a maximum of one audit request in any 12-month period)
- Will not permit any processing of Protected Data by any third party without prior specific written permission of the Client
- Will promptly (within 72 hours) notify the Client of any Personal Data Breach
The Client shall at all times comply with all Data Protection Laws in connection with the processing of Protected Data and shall ensure all instructions given to the Supplier in respect of Protected Data shall at all times be in accordance with Data Protection Laws.
Each party shall be liable for and shall indemnify the other against all actions, proceedings, liabilities, costs, claims, losses, expenses, compensation paid to Data Subjects and other reasonable professional costs and expenses suffered or incurred by the indemnified party arising out of or in connection with any breach of the Data Protection Laws by the indemnifying party, its employees or agents.
Clients warrant that they have obtained necessary consents and legal bases for any data shared with us and will indemnify us against any claims arising from breaches of data protection law regarding client-provided data.
We will not process and/or transfer, or otherwise directly or indirectly disclose, any Protected Data in or to countries outside the UK or EEA or to any International Organisation without prior written consent of the Client.
11. Force Majeure
Neither party shall have any liability under or be deemed to be in breach of the Contract for any delays or failures in performance which result from Force Majeure. Force Majeure refers to circumstances beyond reasonable control, including but not limited to:
- Natural disasters or extreme weather events
- Acts of government, war, terrorism, or civil unrest
- Cyber-attacks, system failures, or network outages
- Public health emergencies or pandemics
- Labour disputes or strikes
- Significant market disruptions
- Supply chain failures affecting critical resources
The party subject to the Force Majeure event shall promptly notify the other party in writing when such event causes a delay or failure in performance and when it ceases to do so. The affected party shall make reasonable efforts to minimise disruption and resume performance.
If the Force Majeure event continues for a continuous period of more than 60 days, either party may terminate the Contract by written notice to the other party.
12. Term and Termination
These Terms remain in effect until the completion of services or termination by either party. We reserve the right to terminate services if:
- Client fails to make payments when due
- Client breaches these Terms or specific contractual agreements
- Client engages in illegal, unethical, or fraudulent activities
- Continued provision of services would violate applicable laws
- Client becomes insolvent or subject to bankruptcy proceedings
Upon termination, all outstanding fees become immediately due, and all licenses granted to unused deliverables shall cease unless full payment has been received.
13. Indemnification
Clients agree to indemnify, defend, and hold harmless Tristan James Enterprises LTD, including all trading names, and its directors, employees, and affiliates from any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from:
- Client’s breach of these Terms
- Client’s use of our services or deliverables
- Content or materials provided by the client
- Client’s violation of applicable laws or regulations
- Client’s infringement of third-party rights
14. Governing Law & Dispute Resolution
These terms are governed by the laws of England and Wales. Any disputes shall be resolved through the following process:
- The dispute resolution process may be initiated at any time by either party serving a notice in writing on the other party that a dispute has arisen. The notice shall include reasonable information as to the nature of the dispute.
- Within five Business Days of service of the notice, a representative of each party shall meet to discuss the dispute and attempt to resolve it.
- If the dispute has not been resolved within five Business Days of the first meeting, then the matter shall be referred to the chief executives (or persons of equivalent seniority) of each party. They shall meet within five Business Days to discuss the dispute and attempt to resolve it.
- If informal negotiation fails, the parties may proceed to mediation through an independent mediator.
- Final resolution shall be in the courts of England and Wales, which shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract, its subject matter or formation (including non-contractual disputes or claims).
The prevailing party in any legal action shall be entitled to recover reasonable legal costs and expenses.
15. General Provisions
- Entire Agreement: These Terms, together with any specific service agreements, constitute the entire agreement between the parties.
- Severability: If any provision is found to be unenforceable, the remaining provisions shall remain in full force and effect.
- No Waiver: Failure to enforce any provision shall not constitute a waiver of that or any other provision.
- Assignment: Clients may not assign their rights or obligations without our prior written consent. We may assign our rights to any successor in interest.
- Amendments: We reserve the right to amend these Terms with 30 days’ notice.
- Relationship: Nothing in these Terms creates a partnership, joint venture, or agency relationship.
- Force Majeure: Neither party shall be liable for failure to perform due to circumstances beyond reasonable control.
16. Additional Legal Provisions
Anti-bribery
- Each party shall comply with applicable Bribery Laws including ensuring it has in place adequate procedures to prevent bribery
- Neither party shall make or receive any bribe (as defined in the Bribery Act 2010) or other improper payment
Anti-slavery
- The parties each confirm they shall comply with the Modern Slavery Act 2015
Notices
- Notices under these Conditions will be in writing and sent to a party’s address as set out in this Contract
- Notices may be given, and will be deemed received:
- By first-class post: at 9.00 am on the second day after posting
- By hand: on delivery
- By email: on receipt of a delivery return email
- This does not apply to notice given in legal proceedings, arbitration or other dispute resolution proceedings
Entire Agreement
- The Contract constitutes the entire agreement between the parties and supersedes all previous agreements
- Each party acknowledges it has not entered into the Contract in reliance on any representation or warranty not expressly set out in the Contract
Variation
- No variation of the Contract shall be valid unless it is in writing, refers to the Contract and is duly signed or executed by each party
Severance
- If any provision of the Contract is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision shall not be affected
- If any provision becomes invalid but would be legal with deletions or modifications, it shall apply with the minimum such changes as necessary to make it legal, valid and enforceable
17. Contact Us
For any queries regarding these policies or our services, please contact us at:
- Email: [email protected]
- Bristol Email: [email protected]
- Registered Address: 2nd Floor, Berkeley Square House, Berkeley Square, Mayfair, London, England, W1J 6BD
- Bristol Office: 10-11 Saville Pl, Saville Court, Clifton, Bristol, BS8 4EJ
- Company Number: 13375416
- VAT Number: 411491133
You can also reach us through any of our regional trading names:
- Oxford Marketing Company
- Bristol Marketing Company
- Reading Marketing Company
- Swindon Marketing Company
Last updated: 14/03/2025
