Terms of Service
This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions on which you (the “Client”) has engaged Bark Like A Big Dog to perform certain Services (the “Services”). This is a legally binding agreement between you and Bark Like A Big Dog. By becoming a Bark Like A Big Dog Client, you agree to be legally bound by the terms and conditions set out in this Agreement. The “Effective Date” of this Agreement shall be the date on which you submit your order for Services to Bark Like A Big Dog.
Bark Like A Big Dog will provide the Services to the Client as outlined on the Bark Like A Big Dog website (www.barklikeabigdog.com).
- OUR OBLIGATIONS
2.1 Bark Like A Big Dog will provide the Services to the Client in accordance with Bark Like A Big Dog’s standard policies and procedures. Bark Like A Big Dog reserves the right to reject the Client for any reason at Bark Like A Big Dog’s sole discretion. Bark Like A Big Dog will be responsible for all aspects of providing the Services.
2.2 All Bark Like A Big Dog rules, policies and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and Bark Like A Big Dog may change its rules, policies and operating procedures from time to time at its sole discretion.
- FEES AND PAYMENT
3.1 All fees for Services provided to the Client are due and payable in full, monthly, 3-monthly, or 6-monthly in advance of the provision of the Services. A valid credit or debit card shall remain securely on file to cover recurring charges for service.
3.2 Initial charges for the Service will be paid in advance of provision of the Services. Bark Like A Big Dog will then charge the Client’s credit or debit card once every calendar month, or once every 3-months, or once every 6-months, following the first order date. Alternatively the client can set up a direct debit from the Bark Like A Big Dog for a recurring payments. All fees are due before service is provided. From the date of your first payment there will be approximately 10 days before your plan commences. Charges not paid by the due date for any reason will result in a suspension of Services until full payment is received. The client must give 30 days written notice to terminate any Services.
3.3 Except in the case of a material breach of this agreement by Bark Like A Big Dog, or in the case of a refund being requested within the 20 days of an order being made, Bark Like A Big Dog does not issue refunds of any fees for any reason.
- WARRANTY DISCLAIMERS
Bark Like A Big Dog expressly disclaims any and all warranties regarding or related to this agreement, the Services or any materials or assistance provided to the Client, express or implied, including without limitation the warranties or merchantability, course of performance or dealing, trade practice, title, no-infringement, and fitness for particular purpose.
The Client will indemnify and hold harmless Bark Like A Big Dog and its customers, suppliers, directors, officers, agents and employees from and against any and all losses, costs, damages, liabilities and expenses (including, without limitation, reasonable solicitors fees) arising out of or relating to any breach by the Client of any of the terms of this Agreement.
- LIMITATION OF LIABILITY
Bark Like A Big Dog shall not be liable to the client or any entity or person claiming through or under the client for any loss of profit or income or other indirect, consequential, incidental, or special damages, whether in an action for contract or tort, in connection with this agreement, even if Bark Like A Big Dog has been advised of the possibility of such damages. Under no circumstances shall Bark Like A Big Dog’s liability to the client hereunder exceed the amount paid to Bark Like A Big Dog by the client for the previous one (1) month of services. This limit is cumulative and the existence of more than one claim will not enlarge the limit. The client acknowledges that these limitations of liability are an essential element of the agreement between the parties and in their absence the terms and conditions of this agreement would be substantially different.
- WHITE LABEL NON-SOLICITATION
For the purposes of this clause, the following definitions apply:
- Partner: an organisation using Bark Like A Big Dog to provide white labelled services for their own clients
After a White Label Order has been placed, Bark Like A Big Dog shall not directly or indirectly approach our Partners’ client, intentionally interfere with the relationship of our Partner and their client, or endeavour to entice clients away from the Partner. The relationship between Bark Like A Big Dog and Partners shall remain private.
This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof. This Agreement may be amended from time to time in Bark Like A Big Dog’s sole discretion. An email communication sent to Client’s last known email address will be deemed sufficient notice of any such changes in this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties’ successors and permitted assigns; provided however, that the Client may not assign this Agreement, in whole or in part, without Bark Like A Big Dog’s prior written consent and any assignment by the Client without such consent shall be null and void. This Agreement shall be governed by and interpreted in accordance with the laws of England and Wales. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, that provision will be severed only to the extent minimally necessary, and the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default and will not act to amend or negate the rights of the waiving party.