Terms and Conditions
1. General Terms and Conditions
1.1 The web pages available at espresso.marketing and all linked pages (“Site”), are owned and operated by Lacoudhir Limited (Company Number 64200234), whose registered office is at Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central, Hong Kong (Espresso Marketing) and is accessed by you under the Terms of Conditions described below (“Terms”).
1.2 Please read these terms carefully before using the services. By accessing the site, viewing any content, or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy Policy and Data Processing Agreement, governs our relationship with you in relation to the site and our services. If you disagree with any part of the terms then you may not access the site.
2. Description of Services
2.1 The Site is an online service that offers a full range of marketing services and support to individuals and businesses. Services include but are not limited to, any service and/or strategy consultation related to digital marketing, advertising, graphic design, PR, web development and IT services.
2.2 Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, scheduled maintenance, or repair of the Site or any other reason within or outside the control of Espresso Marketing. Espresso Marketing reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.
2.3 Services are available only to legal entities and to individuals who are at least 18 years old. The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the Espresso Marketing Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
3. Your Website Login Credentials
3.1 As a condition to using Services, you are required to open an account with Espresso Marketing that includes the use of a password and username, and to provide registration information for yourself, your business, or both. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Espresso Marketing account.
3.2 You may not use as a username that is; the name of another person or entity, that is not lawfully available for use, that is a name or trademark or subject to the rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
3.3 Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Espresso Marketing of any security breach of your Account. Espresso Marketing shall not be responsible for any losses arising out of the unauthorised use of your Account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and/or conducted through your Bank or Payment Card Provider.
4. Copyright
4.1. Espresso Marketing shall be indemnified by the Client in respect of any claims, costs, and expenses arising out of any libellous matter or any infringement of copyright, patent design or any other proprietary or personal rights contained in any material supplied by the Client. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
4.2. The working files and source code of Projects remain the intellectual property of Espresso Marketing and may not be copied and used by any other party without the consent of Espresso Marketing. Charges for any Works or Services do not cover the release of our copyright on any working files, source files or source code, including but not restricted to indd, psd, ai, ae, or other source files or raw code; if the Client requires these files for transfer to another agency, partner, in-house creative or the like, they will be subject to a separate quotation or ‘buy-out’ charge.
4.3. All custom scripts, CSS and included files used within Client websites remain the intellectual property of Espresso Marketing and may not be copied and used by any other party (see 4.2) without the consent of Espresso Marketing.
4.4. The stored procedures, functions and triggers programmed into SQL Databases remain the intellectual property of Espresso Marketing and may not be copied and used by any other party (see 4.2) without the consent of Espresso Marketing.
4.5. All animation timelines, techniques, custom plugins, and custom effects remain the intellectual property of Espresso Marketing and may not be copied and used by any other party (see 4.2) without the consent of Espresso Marketing.
4.6. Espresso Marketing owns the copyright on all final prints, outputs, renders, exports, published websites, and the like until the final bill has been paid. Upon payment, copyright of the final works automatically transfers to the Client.
4.7. All Client logo images, images supplied by the Client, i.e. of their premises, workforce and their business, plus all written copy, belong to the Client and are covered under their copyright.
4.8. Espresso Marketing will not reuse Client written content or images supplied by the Client (see 4.7.) without the express permission of the Client.
4.9. Espresso Marketing reserves the right to use any work we produce for the purpose of self-promotion.
4.9.1. Espresso Marketing shall not be required to use, print, upload or hold any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of a third party.
5. Limitation of Liability
5.1. Nothing in the Contract shall limit or exclude Espresso Marketing’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation or breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by Applicable Laws.
5.2. Subject to clause 5.1, Espresso Marketing shall not be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss or damage to goodwill, and any indirect or consequential loss.
5.3. Subject to clause 5.1, Espresso Marketing’s total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Works or Services, shall not exceed 50% of the total cost paid under the Contract.
5.4. Espresso Marketing warrants that its Works and Services will be provided using reasonable care and skill. Where Espresso Marketing supplies any goods from a third party, Espresso Marketing does not give any warranty, guarantee or other terms as to their quality, fitness for purpose or otherwise, but shall, where possible, assign the benefit of any warranty, guarantee or indemnity given by the supplier of the goods.
5.5. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
5.6. This clause shall survive the termination of a Contract.
6. Force Majeure
6.1. 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.
7. Privacy Policies
7.1. Espresso Marketing will use information about the Client to provide services and products to the Client, for credit control and internal market research purposes.
7.2. 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. In the event of an NDA provided by either party, the period of time and any additional disclosure agreements noted in the NDA will supersede.
7.3. Each party may disclose the other party’s Confidential Information: to its employees, officers, representatives, subcontractors or professional advisers on a need to know basis 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; and as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
7.4. Neither party shall use the other party’s Confidential Information for any purpose other than to perform its obligations under the Contract.
8. Dispute Resolution
8.1. An active subscription is a contract that constitutes the final, complete and exclusive statement of the agreement between Espresso Marketing and the Client. This Agreement contains all the representations and the entire agreement between the parties.
8.2. The provisions of this Agreement shall be governed by the laws of Hong Kong SAR and all dispute resolution proceedings shall take place in Hong Kong SAR. All disputes and disagreements (except for matters for which injunctive relief is sought pending arbitration) may be resolved by mediation, dispute resolution, or in extreme circumstances, binding arbitration before a single arbitrator in accordance with the rules of the courts of Hong Kong SAR at the sole discretion of Espresso Marketing.
9. Subscription Payments
9.1 You agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of Espresso Marketing to perform under this Agreement. You further agree that, upon registering for the services through the Site, you authorise Espresso Marketing to charge your method of payment (e.g. credit card or when approved in special circumstances, Direct Debit or Wire Transfer) for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, annually). Payment of the fees shall be in such amounts and at such times as set forth by Espresso Marketing through information provided to you and as authorised through the sign-up and registration process. Your account and access to the services provided via Espresso Marketing may be suspended in the event of non-payment of applicable fees. You represent and warrant to Espresso Marketing that such payment information is accurate and that you are authorised to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
9.2 Your total price will include the price of the service but expressly excludes any applicable taxes; such service tax is based on the bill-to-address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable.
9.3 Prices for the Services may change at any time at the sole and exclusive discretion or Espresso Marketing. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
10. Support Requests & Reasonable Use
10.1 Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. You will receive an email confirmation when a support request is made.
10.2 The number of requests you can make is limited to the number stated in your Subscription Plan. Your requests are counted and limited automatically in your User Account Dashboard. Your plan also limits the number of Active Requests to either 1 or 2.
10.3 The term “active” is any task that is been worked on. This includes when we need to request information from you during the task. When the task is complete we will set it as Completed in your dashboard.
10.4 The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by Espresso Marketing management, at its sole and exclusive discretion. Espresso Marketing requests are performed in terms of time, meaning that Espresso Marketing may take the necessary and reasonable amount of time to complete a request. Customers deemed to be abusing the Espresso Marketing service will be contacted by the Espresso Marketing management. Espresso Marketing management retains the sole and absolute discretion to suspend service to you if we deem necessary.
10.5 In order to make the most efficient use of your Espresso Marketing subscription, ensure that the request form contains all the information and content needed to complete the request in a timely and efficient manner, and that you have booked an onboarding session with the Espresso Marketing team so that your business has been understood effectively.
10.6 Espresso Marketing does not provide a 100% guarantee on the timeframe of when a support request can or will be resolved. We will do our best to work with you to accommodate any priority items and deadline requests. Our suggestion is to not use our service for time-sensitive requests if you are a first time user, or the turnover time is less than 24 hours.
10.7 You, the client are responsible to use Espresso Marketing service after payment.
