Terms of Service

The Service Agreement (“the Agreement”) established between the individual or entity identified as the “Client” within the Agreement and Funnel Boost Ltd, along with its associated companies (collectively referred to as “Funnel Boost” or “the Company”), adheres to the subsequent standard terms and conditions (“Terms”).

  1. DEFINITIONS. Terms not defined herein will carry the meanings given in the Agreement.
    1. Affiliate: For Funnel Boost or the Client, an Affiliate is any entity that controls, is controlled by, or is under joint control with Funnel Boost or the Client.
    2. Client: The individual, partnership, company, or other entity specified as the Client in the Agreement, including its Affiliates.
    3. Funnel Boost: Funnel Boost Ltd, including its Affiliates.
    4. Services: The Services outlined in the Service Agreement provided to the Client by Funnel Boost.
  1. SERVICE RESTRICTIONS
    1. Services Provision and Availability: Funnel Boost agrees to deliver the Services at the agreed upon prices, with delivery times being approximate. Delays will not justify the Agreement’s cancellation by the Client nor modify any other part of these Terms. Delays caused by the Client’s failure to provide necessary information may result in a reasonable extension of service delivery times by Funnel Boost.
  1. SERVICE QUALITY AND WARRANTIES
    1. Client Declarations and Guarantees: The Client acknowledges that Services are provided “AS IS,” without any warranties or guarantees, implicit or explicit. The Client represents and warrants upon entering and accepting Services from Funnel Boost that: (i) If an entity, it is duly incorporated and valid under its jurisdiction’s laws; (ii) The Agreement’s execution and performance are authorized by the Client’s corporate actions, and the Agreement constitutes a binding obligation, enforceable against the Client in compliance with the Terms and Conditions; (iii) No current or impending legal actions against the Client could affect its obligations under the Agreement; (iv) The Client s not insolvent and will notify Funnel Boost if it becomes so during the lifetime of this Agreement; (v) Services will be used as authorized, following all relevant laws; (vi) The Client is responsible for all information, content and materials provided to Funnel Boost and any acts or omissions by the Client. 
  2. MUTUAL LIABILITY LIMITATIONS
    1. Neither party shall be liable for incidental, consequential, indirect, statutory, punitive, or reliance damages under any circumstances. Such claims are expressly waived and excluded whether such damages were foreseeable or not.
    2. Force Majeure: Funnel Boost is not liable for performance failures caused by but not limited to unforeseeable events beyond its control, such as acts of God, natural disasters, governmental actions, or pandemics.
  1. INDEMNIFICATION
    1. Both parties retain their responsibilities under applicable laws, ensuring compliance with all relevant regulatory frameworks governing the Services including for example, the GDPR (Europe, PECR (UK) and CANSPAM (US)).
    2. With the exception of cases where either party: (i) violates any intellectual property rights; (ii) fails to uphold confidentiality commitments; (iii) neglects its obligations related to information security, where relevant; (iv) breaches its responsibilities concerning data privacy as outlined in this agreement; or (v) inflicts physical damage or injury; the total liability of each party associated with or resulting from the services provided or related to this agreement shall not surpass the total fees the Client has paid to the Supplier under this Agreement during the twelve-month period leading up to the incident causing the liability.
  1. DUTIES
    1. Claim and Issue Notification: The Client must immediately notify Funnel Boost of any issues or legal actions that might affect the company and reasonably cooperate in resolving Service-related problems.
    2. Access: The Client must provide all necessary access and information for Funnel Boost to fulfill its obligations.
    3. Confidentiality: Occasionally, one party (the “Disclosing Party”) might share or the other party (the “Recipient”) might gain access to the Disclosing Party’s Sensitive Information. “Sensitive Information” encompasses (i) proprietary secrets, expertise, innovations, concepts, findings, advancements, methods, recipes, schematics, sketches, designs, software, applications, source and executable codes, data, programs, enhancements, methodologies, product details and specifications, experimental outcomes, and additional technical data, including information about the Disclosing Party’s goods and services as well as those of its clients and potential clients; (ii) data regarding the business operations of the Disclosing Party and its clients; (iii) details about the employees of the Disclosing Party. Except as explicitly allowed in this document, the Recipient is prohibited from sharing any Sensitive Information with third parties or employing it for any purposes other than fulfilling its duties or exercising its rights as detailed in this document or the Agreement. Sensitive Information does not cover data that: (i) is substantially similar to material independently developed by the Recipient without using the Sensitive Information, as can be shown by the Recipient to have been in its possession before acquiring it from the Disclosing Party; (ii) becomes public knowledge without the Recipient’s fault; or (iii) is lawfully received by the Recipient from a third party not bound by confidentiality obligations to the Disclosing Party. When the Agreement ends, the Recipient must promptly return or destroy all Sensitive Information upon request, retain no copies, and refrain from using such information in any manner or for any purpose.
    4. Non-Solicitation: Throughout the duration of the Agreement and for a twelve-month period after its conclusion, neither party is permitted to solicit, employ, or engage in contractual relations with any employee, consultant, agent, or representative of the other party without obtaining prior written approval. This includes refraining from persuading, attempting to persuade, advising, or encouraging any such individuals to leave or sever their association with the other party, or recommending their employment or engagement to others, either directly or indirectly.
    5. Data Privacy: Compliance with all Privacy Laws is mandatory for the Client and its affiliates.
    6. Data Processing Addendum (DPA):  The DPA, available at Funnel Boost’s designated URL, applies when legally necessary, superseding conflicting Agreement terms.
  1. BILLING AND PAYMENTS
    1. Client Payment Responsibilities: The Client is responsible for timely payments to Funnel Boost as outlined in the Agreement.
    2. Collection Cost Recovery: The Client will cover all collection costs incurred by Funnel Boost, including legal fees.
  1. AGREEMENT TERMINATION
    1. Termination: The termination of this Agreement is restricted to the following conditions: (i) upon one party issuing a written notification as stipulated in section 3 of the Service Agreement, (ii) should either party deliver a seven-day written notice due to a significant violation by the other party, such as non-compliance with payment obligations, or (iii) through a mutual written agreement between both parties for any given reason.
  1. GENERAL TERMS
    1. Client, Supplier, Third Party Relationships: No party, including their agents, employees, officers, directors, managers, shareholders, or members, shall be considered an agent or representative of the other party, nor will either party present itself as such outside the boundaries of this Agreement and its Terms and Conditions. Neither party is authorized to engage in any business activities under the name or on behalf of the other. In relation to this Agreement and its Terms and Conditions, the parties acknowledge their roles as independent entities, with no implied relationships such as employer/employee, partnership, joint venture, or principal/agent existing between them.
    2. Severability: If any section, clause, or aspect of these Terms and Conditions or the Agreement is found to be invalid, unlawful, null, or unenforceable, the validity, legality, and enforceability of the remaining parts of these Terms and Conditions and/or the Agreement will not be compromised or diminished.
    3. Jurisdiction: This Agreement and its accompanying Terms and Conditions will be interpreted and regulated by the laws of England and Wales, without consideration for principles of conflict of laws. It will be considered as having been made within the United Kingdom, irrespective of where the parties have signed. The Customer agrees to submit exclusively to the jurisdiction of English or Welsh courts for any disputes or legal proceedings that stem from or are connected to this Agreement and its Terms and Conditions.
    4. No Waiver: Waivers require written consent from both parties.
    5. Assignment: The Customer is prohibited from assigning or transferring any part of the Agreement, whether through merger, reorganization, consolidation, asset sale, change in ownership, by law, or by any other means, without obtaining explicit written permission from Funnel Boost Ltd, which may be granted or withheld at Funnel Boost Ltd’s sole discretion. Any attempt to assign the Agreement without such permission will be considered null and void. The benefits of this Agreement and the associated Terms and Conditions are reserved exclusively for the signatory parties and their authorized successors and assigns. There are no benefits conferred upon third parties by this Agreement or its Terms and Conditions, except as explicitly stated within the documents.
    6. Notices: Notices must be in writing, directed to the addresses specified in the Agreement.