Holmegarth Terms of Service
Effective Date: [Insert Date]
Welcome to Holmegarth Limited. By engaging our services, purchasing our products, or using our website, you agree to comply with and be bound by the following terms and conditions. Please review them carefully.
1. General Terms and Conditions
These General Terms apply to all clients and customers of Holmegarth Limited, regardless of the specific services or products engaged.
1.1 Confidentiality
Both parties agree to keep all confidential information private and not disclose it to any third party without prior written consent. Confidential information includes, but is not limited to, business strategies, marketing plans, proprietary data, and client lists.
1.2 Intellectual Property
Unless otherwise stated in the service-specific terms or a separate agreement, all materials created by Holmegarth Limited during the engagement remain the property of Holmegarth Limited until full payment is received. Upon payment, the Client is granted a non-exclusive, non-transferable license to use the materials for their intended purpose.
1.3 Limitation of Liability
Holmegarth Limited is not liable for any indirect, incidental, special, or consequential damages arising from the use of the services or products provided. The total liability of Holmegarth Limited, whether in contract, tort, or otherwise, is limited to the amount paid by the Client for the specific services or products in question.
1.4 Indemnification
The Client agrees to indemnify, defend, and hold harmless Holmegarth Limited, its officers, directors, employees, and agents from any claims, damages, liabilities, or expenses arising from the Client's use of the services or products, or from any breach of these Terms.
1.5 Governing Law and Dispute Resolution
This agreement is governed by and construed in accordance with the laws of England and Wales. Any disputes arising from or relating to this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
1.6 Amendments
Holmegarth Limited reserves the right to modify these terms at any time. Significant changes will be communicated to active clients. Continued use of our services or products after changes are made constitutes acceptance of the revised terms.
1.7 Entire Agreement
These Terms of Service, along with any specific Statements of Work or Order Forms, constitute the entire understanding between the parties and supersede all prior agreements, whether written or oral.
2. Service & Product Specific Terms
In addition to the General Terms above, the following terms apply to the specific services and products you engage with.
Part A: Digital Marketing Services
A.1 Scope of Services: Holmegarth Limited agrees to provide digital marketing services as agreed upon in a Statement of Work, which may include, but is not limited to: Search Engine Optimization (SEO), Pay-Per-Click (PPC) Advertising, Social Media Management, Content Creation, Email Marketing, Market Research and Analysis, and Program or Software Implementation.
A.2 Term and Termination: The agreement for Digital Marketing services begins on the date of signature or commencement of work and continues until terminated. Either party may terminate this agreement with sixty (60) days' written notice. Immediate termination may occur if there is a material breach of these terms.
Part B: Power of One Consulting
B.1 Scope of Services: Holmegarth Limited provides strategic business consulting under the "Power of One" framework. Services will be defined in a specific consulting agreement or Statement of Work.
B.2 No Guarantee of Results: While Holmegarth Limited will provide professional advice based on industry experience, we do not guarantee specific financial outcomes, revenue increases, or business success as a result of implementing our consulting advice. The Client remains solely responsible for their business decisions and outcomes.
Part C: Digital Products
C.1 Delivery and Licensing: Upon purchase of a digital product (e.g., templates, guides, software assets), the Client will receive access to download or view the product. The Client is granted a single-user, non-exclusive, non-transferable license to use the product for their own personal or internal business use. Resale, redistribution, or sharing of digital products is strictly prohibited.
C.2 Refunds: Due to the downloadable and instantaneous nature of digital products, all sales of digital products are final and non-refundable once the product has been accessed or downloaded, except as required by applicable consumer protection law.
Part D: School and Work Lighting
D.1 Products and Installation: This section applies to the sale of physical lighting products and associated installation services (if applicable) for school and work environments.
D.2 Orders, Shipping, and Delivery: All orders are subject to availability. Shipping times and costs will be provided at the time of order. Risk of loss and title for physical products pass to the Client upon delivery.
D.3 Returns and Warranties: Physical lighting products are subject to the manufacturer's warranty. Holmegarth Limited will assist in facilitating warranty claims where possible. Returns of physical products must be initiated within [Insert Number, e.g., 14 or 30] days of delivery, provided the items are unused, in their original packaging, and in resalable condition. Return shipping costs may be the responsibility of the Client. Custom or special-order lighting solutions are non-refundable.
D.4 Installation Liability: If Holmegarth Limited provides installation services, we warrant that the installation will be performed in a professional and workmanlike manner. The Client must report any installation defects within [Insert Number, e.g., 30] days of completion.
Part E: Custom Software and Application Development
E.1 Scope and Specifications: Holmegarth Limited provides custom software, web application, and mobile application development services. The scope of work, features, functionalities, and deliverables will be strictly defined in a mutually agreed-upon Statement of Work (SOW) or project specification document. Changes to the agreed scope (scope creep) will be subject to additional fees and revised timelines.
E.2 Acceptance and Testing: Upon delivery of the software or application, the Client will have a designated testing period (as specified in the SOW, typically 14-30 days) to report any bugs, errors, or deviations from the specifications. Holmegarth Limited will resolve these reported issues at no additional cost. Issues reported after this period, or requests for new features, will be billed at our standard hourly rate or under a separate maintenance agreement.
E.3 Intellectual Property: Upon full payment of all project fees, the Client will own the exclusive rights to the custom source code developed specifically for their project. However, Holmegarth Limited retains ownership of any pre-existing background technology, open-source libraries, or proprietary frameworks utilized in the project. The Client is granted a perpetual, non-exclusive license to use such background technology solely as part of the delivered application.
E.4 Third-Party Services and APIs: Custom applications often rely on third-party services (e.g., hosting, payment gateways, APIs). The Client is responsible for the costs, compliance, and terms of service associated with any third-party integrations required for the application to function.
E.5 Warranties and Maintenance: Holmegarth Limited warrants that the application will function according to the specifications upon delivery. We do not warrant that the software will be entirely error-free, immune to security breaches, or compatible with future operating system updates or third-party API changes. Ongoing maintenance, updates, and support require a separate maintenance or retainer agreement.
3. Fees and Payments
3.1 Pricing: The specific fees for our services and products (including hourly rates, monthly retainers, or fixed project costs) will be outlined in your specific Statement of Work, Proposal, or at the point of checkout.
3.2 Invoicing and Payment Terms:
- Invoices are due within thirty (30) days of receipt unless otherwise specified.
- Products or subscription programs are typically set up on a direct debit via Stripe.
- Holmegarth Limited reserves the right to suspend services or withhold deliverables if payments are not received by the due date. Late payments may incur additional charges or interest as permitted by law.
For any questions regarding these Terms of Service, please contact us at info@holmegarth.com.