Last updated: 14/08/2025

1. Introduction

These Terms and Conditions ("Terms") govern your use of the services provided by Paul Flavin Ltd 16451184 ("we," "our," "us," or "the Company"). By accessing our website, using our services, or engaging with our marketing communications, you agree to be bound by these Terms.

Company Details:

Company Name: Paul Flavin Ltd

◦ Registered Address: Littlejohns Farmhouse, 44 Green Lane, Burnham-On-Crouch, Essex, CM0 8PU

◦ Contact Email: [email protected]

◦ Phone: 07968 822606

◦ Website: www.paulflavin.co.uk

2. Definitions

◦ "Services" means all business services, consultancy, digital marketing, and related services provided by Paul Flavin Ltd.

◦ "Client" or "you" means the individual or entity purchasing or using our Services.

◦ "Website" means our company website and any associated digital platforms.

◦ "Content" means all information, data, text, software, music, sound,

photographs, graphics, video, messages, or other materials.

◦ "Agreement" means these Terms together with any service-specific terms, proposals, or contracts.

3. Acceptance of Terms

By using our Services or Website, you confirm that:

◦ You are at least 18 years old or have parental/guardian consent

◦ You have the legal capacity to enter into binding agreements

◦ You accept these Terms in full

◦ All information provided is accurate and complete

4. Services Description

Paul Flavin Ltd provides business consultancy, including but not limited to:

◦ Marketing/Advertising - Helping you position your product or service, identify your target market, and create marketing campaigns that work.

◦ Sales - Developing systems that increase your sales, building scripts, and providing sales training.

◦ Finance - Helping you understand your monthly profit and cash flow, analysing cash gaps, and reviewing your overall profit and loss.

◦ Operations - Setting clear goals, creating manuals and templates for your business processes.

◦ Team (HR) - Creating staffing plans, contracts, HR systems, and people development plans.

Specific service details will be outlined in individual service agreements or proposals.

5. Service Terms and Delivery

5.1 Service Commencement

Services commence upon:

◦ Execution of a service agreement, or

◦ Receipt of payment for services, or

◦ Confirmation of service booking

5.2 Service Delivery

◦ We will use reasonable endeavours to deliver Services within the agreed timeframes

◦ Delivery dates are estimates unless expressly stated as guaranteed

◦ Delays due to circumstances beyond our reasonable control will not constitute a breach

5.3 Client Responsibilities

You agree to:

◦ Provide accurate and complete information required for service delivery

◦ Respond to requests for information within reasonable timeframes

◦ Grant necessary access to systems, accounts, or platforms as required

◦ Comply with all applicable laws and regulations

◦ Maintain confidentiality of login credentials and access information

5.4 Changes to Services

◦ Changes to agreed Services must be confirmed in writing

◦ Additional charges may apply for scope changes or additional work

◦ We reserve the right to suspend Services if Client fails to meet obligations

6. Fees and Payment Terms

6.1 Pricing

◦ All prices are quoted in GBP and exclusive of VAT unless stated otherwise

◦ Prices are valid for 30 days from the quotation date unless specified otherwise

◦ We reserve the right to adjust prices with reasonable notice

6.2 Payment Terms

◦ Payment terms are typically 30 days from invoice date unless agreed otherwise

◦ Retainer fees or deposits may be required for certain Services

◦ Late payment charges of 8% above the Bank of England base rate apply to overdue invoices

◦ We may suspend Services for non-payment after 7 days' written notice

6.3 Refund Policy

◦ Refunds are subject to specific service agreements

◦ No refunds for completed Services unless specifically guaranteed

◦ Refund requests must be made in writing within 14 days of service completion

◦ Digital services may not be refundable once delivered or accessed

7. Intellectual Property Rights

7.1 Our Intellectual Property

◦ All proprietary methods, processes, and intellectual property remain our property

◦ Our brand names, trademarks, and logos are our exclusive property

◦ Client receives a limited license to use deliverables for intended business purposes only

7.2 Client Intellectual Property

◦ Clients retain ownership of their existing intellectual property

◦ Clients grant us the license to use their materials for service delivery

◦ We may create derivative works based on Client materials for service purposes

7.3 Work Product

◦ Unless agreed otherwise, we retain ownership of methodologies and processes

◦ Client receives ownership or license to specific deliverables as agreed

◦ Generic knowledge and skills developed remain our property

8. Data Protection and Privacy

8.1 Data Processing

◦ Personal data processing is governed by our Privacy Policy

◦ We act as Data Controller for our business data

◦ We may act as a Data Processor when handling Client data for service delivery

8.2 Client Data Obligations

Clients warrant that they:

◦ Have a lawful basis for sharing personal data with us

◦ Have obtained necessary consents for marketing activities

◦ Comply with UK GDPR and Data Protection Act 2018

◦ Will indemnify us against data protection breaches caused by their actions

8.3 Go High Level Platform

◦ Client data may be processed through the Go High Level CRM platform

◦ Go High Level acts as our sub-processor under appropriate agreements

◦ Data may be transferred to US servers under adequate safeguards

9. Marketing Communications Consent

9.1 Consent for Marketing

By engaging our Services, you may consent to receive:

◦ Email marketing communications

◦ SMS marketing messages

◦ WhatsApp business communications

◦ Social media targeted advertising

9.2 Opt-Out Rights

◦ You may withdraw consent at any time

◦ Unsubscribe links provided in all marketing emails

◦ SMS opt-out instructions included in messages

◦ Contact us directly to update preferences

9.3 PECR Compliance

◦ We comply with Privacy and Electronic Communications Regulations

◦ Existing client communications may be sent under legitimate interest

◦ We respect Telephone Preference Service (TPS) registrations

10. Website Terms of Use

10.1 Permitted Use

◦ Website is for lawful business purposes only

◦ You may not misuse, hack, or interfere with website functionality

◦ Content may not be reproduced without permission

10.2 User Content

◦ You are responsible for any content you submit or upload

◦ Content must not be illegal, offensive, or infringe third-party rights

◦ We reserve the right to remove inappropriate content

10.3 Website Availability

◦ We aim for high availability, but cannot guarantee uninterrupted access

◦ Maintenance periods may cause temporary unavailability

◦ We are not liable for losses due to website downtime

11. Confidentiality

11.1 Mutual Confidentiality

◦ Both parties agree to maintain the confidentiality of proprietary information

◦ Confidential information excludes publicly available information

◦ Obligations survive termination of Services

11.2 Permitted Disclosures

Confidential information may be disclosed:

◦ With the written consent of the disclosing party

◦ As required by law or court order

◦ To professional advisors under confidentiality obligations

12. Limitation of Liability

12.1 Liability Caps

◦ Our total liability is limited to fees paid for specific Services in the 12 months preceding the claim

◦ This cap applies to all claims collectively, not per incident

12.2 Excluded Losses

We exclude liability for:

◦ Indirect, consequential, or special damages

◦ Loss of profits, revenue, or business opportunities

◦ Loss of data (beyond reasonable restoration efforts)

◦ Third-party claims or costs

12.3 Exceptions

Liability limitations do not apply to:

◦ Death or personal injury caused by our negligence

◦ Fraud or fraudulent misrepresentation

◦ Breaches of data protection obligations

◦ Other losses that cannot be legally excluded

13. Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control

control, including:

◦ Acts of God, natural disasters, or extreme weather

◦ Government actions, laws, or regulations

◦ Industrial disputes, strikes, or labour shortages

◦ Technical failures or cyber attacks

◦ Global pandemics or health emergencies

14. Termination

14.1 Termination Rights

Either party may terminate:

◦ With 30 days' written notice (unless agreed otherwise)

◦ Immediately for material breach (after reasonable cure period)

◦ Immediately for insolvency or bankruptcy

14.2 Effect of Termination

Upon termination:

◦ Outstanding fees become immediately due

◦ Each party returns confidential information

◦ Accrued rights and obligations survive termination

◦ Data deletion procedures commence (subject to legal retention requirements)

15. Dispute Resolution

15.1 Informal Resolution

◦ Disputes should first be addressed through direct negotiation

◦ Both parties agree to act in good faith to resolve issues

15.2 Formal Procedures

◦ Unresolved disputes may be subject to mediation

◦ Final disputes subject to the English courts' jurisdiction

◦ Consumer rights remain unaffected

15.3 Consumer Rights

If you are a consumer, you have additional rights under the Consumer Rights Act 2015:

◦ Right to reject faulty services within 30 days

◦ Right to repeat performance or price reduction

◦ Right to use alternative dispute resolution services

16. Compliance and Legal Requirements

16.1 Regulatory Compliance

We maintain compliance with:

◦ UK GDPR and Data Protection Act 2018

◦ Privacy and Electronic Communications Regulations (PECR)

◦ Consumer Rights Act 2015

◦ Equality Act 2010

◦ Competition and consumer protection legislation

16.2 Anti-Bribery and Corruption

◦ Both parties comply with the Bribery Act 2010

◦ Prohibited activities include offering or accepting bribes

◦ Facilitation payments are not permitted

16.3 Modern Slavery

◦ We oppose all forms of modern slavery and human trafficking

◦ Supply chain partners must comply with the Modern Slavery Act 2015

17. General Provisions

17.1 Entire Agreement

These Terms, together with specific service agreements, constitute the entire agreement between parties.

17.2 Amendments

◦ Terms may only be amended in writing

◦ Website updates will be notified with reasonable notice

◦ Continued use constitutes acceptance of updated Terms

17.3 Severability

If any provision is invalid or unenforceable, the remainder continues in full effect.

17.4 Governing Law

These Terms are governed by English law and subject to English court jurisdiction.

17.5 Third-Party Rights

No third parties have rights under these Terms except as expressly provided.

17.6 Assignment

◦ We may assign these Terms to related companies or successors

◦ Clients may not assign without our written consent

18. Contact Information

For questions about these Terms:

Email: [email protected]

Phone: 07968 822606

Address: Littlejohns Farmhouse, 44 Green Lane, Burnham-On-Crouch, Essex, CM0 8PU

Legal Compliance Queries: Information Commissioner's Office (ICO): ico.org.uk

Trading Standards: gov.uk/find-local-trading-standards-office

Consumer Advice: citizensadvice.org.uk