Terms & Conditions

General

This website (the "Site") is owned and operated by Ellis Retention Partners ("Ellis Retention Partners", "we" or "us"). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Ellis Retention Partners. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service as modified.

Intellectual property rights

Our limited license to you

This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorised by us.

More specifically, unless explicitly authorised in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your license to us

By posting or submitting any material (including, without limitation, comments, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material, and that you are eighteen years of age or older.

In addition, when you submit, email, text, deliver or post any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide licence to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

In connection with the exercise of such rights, you grant us, and anyone authorised by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

Work created on behalf of clients

Any work created by Ellis Retention Partners on behalf of a client shall remain the intellectual property of Ellis Retention Partners until full payment is received, at which point ownership transfers to the client. This assignment takes effect in accordance with the Copyright, Designs and Patents Act 1988.

You acknowledge that Ellis Retention Partners retains ownership of any pre-existing frameworks, templates, internal tools, processes, training materials and know-how that we owned or developed independently of any client engagement. Where any such pre-existing material is incorporated into a deliverable, we grant you a non-exclusive, perpetual, worldwide, royalty-free licence to use it solely as part of the deliverable for your own business purposes.

You acknowledge that Ellis Retention Partners has the right but not the obligation to use and display any postings or contributions of any kind and that Ellis Retention Partners may elect to cease the use and display of any such materials (or any portion thereof) at any time for any reason whatsoever.

Limitations on linking and framing

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimers

Throughout the Site, we may provide links and pointers to internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Ellis Retention Partners. Neither Ellis Retention Partners nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Ellis Retention Partners neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Site by anyone other than an authorised Ellis Retention Partners representative while acting in their official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY ELLIS RETENTION PARTNERS AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless Ellis Retention Partners, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Online commerce

Certain sections of the Site may allow you to purchase services online. If you make a purchase from us or from a merchant on a site linked to by the Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies.

When you purchase services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Ellis Retention Partners shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services through the Site for legitimate purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes. You agree to only purchase services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

Your purchase is for the engaging client's use only. Sharing of purchases is not permitted and will be considered unauthorised and an infringing use of our copyrighted material, and may subject violators to liability. If payment for a service is declined, our system may automatically suspend delivery of services. This usually happens because a credit card expires. We will make every reasonable attempt to contact you to help resolve the billing issue, and once it is resolved we will restore service.

Acceptable use

This Site may include features such as contact forms and email which allow communication with us. Responsibility for what is sent or submitted via these features lies with each user. You alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

• restrict or inhibit any other user from using and enjoying the Site;
• use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site;
• use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
• gain unauthorised access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means;
• obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site;
• use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, national or international law;
• use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
• use the Site to post or transmit any information, software or other material that contains a virus or other harmful component;
• use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
• use the Site to advertise or solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval; or
• gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

Any user failing to comply with the terms and conditions of this Agreement may be refused continued access to the Site. Ellis Retention Partners or its designated agents may remove or alter any user-created content at any time for any reason.

Registration

To access certain features of the Site or to engage our services, we may ask you to provide certain information, such as your name, business name, email address and other details necessary to deliver the services. You agree to provide true, accurate, current and complete information about yourself as prompted by any registration or onboarding form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Site or any client-facing systems we provide, you will need a username and password. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Limitation of liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY ENGLISH LAW.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

ELLIS RETENTION PARTNERS IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALISED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR.

WE EXIST FOR THE PURPOSE OF DELIVERING EMAIL AND SMS RETENTION MARKETING SERVICES, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN AND IN OUR SERVICES ARE FOR GENERAL BUSINESS INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED BY US IS INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY SECURITY OR FUND. OUR INFORMATION SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN SECURITIES OR OTHER INVESTMENTS.

WE DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED BY US. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND ELLIS RETENTION PARTNERS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

You acknowledge and agree that no representation has been made by Ellis Retention Partners or its affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the engagement of our services, save for those specific representations set out in any signed proposal or statement of work between the parties.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorised to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Refund policy

Your purchase of a service may or may not provide for a refund. Each specific service or engagement will specify its own refund policy in the relevant proposal or statement of work between the parties. The results guarantee and refund mechanic applicable to our retention marketing service is set out separately in the proposal or statement of work agreed at the start of an engagement.

Copyright complaints

If you believe in good faith that material hosted by Ellis Retention Partners infringes your copyright, you, or your agent, may send to us a notice requesting that the material be removed or access to it be blocked. Such notices should be sent to denny@ellisretentionpartners.com and should set out, in writing, sufficient information to allow us to identify the work alleged to be infringed and the material claimed to be infringing, together with your contact details and a statement that you have a good faith belief that the use complained of is not authorised by the copyright owner, its agent or the law.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send a counter-notice to the same address. We will assess any notice or counter-notice in accordance with the relevant provisions of UK copyright law, including the Copyright, Designs and Patents Act 1988 and the Electronic Commerce (EC Directive) Regulations 2002.

Governing law and general

These terms shall be governed by and construed in accordance with the laws of England and Wales. The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms or their subject matter or formation (including non-contractual disputes or claims).

This Agreement shall be binding upon and inure to the benefit of Ellis Retention Partners and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of Ellis Retention Partners. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Ellis Retention Partners to any affiliated entity or any of its wholly owned subsidiaries.

If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Ellis Retention Partners Ltd is registered in England and Wales. Registered office: United Kingdom.

Changes to these terms

This policy may be changed at any time at our discretion. If we update this policy, we will post the updates to this page on our website. If you have any questions or concerns regarding these terms please direct them to denny@ellisretentionpartners.com.