3.0 TERMINATION & COMPLAINTS
3.1 We draw your particular kind attention to this clause: In the rare event that someone we’re trying to help thinks it’s OK to verbally abuse our staff, use racial, homophobic, ageist or sexist slurs, or to behave in any other unlawful, intimidating or threatening way, we’ll invite them to check out the 2017 record by Mustard Service (Google it) before promptly terminating the Agreement. In such cases, Clause 3.4, below, will apply.
3.2 Without limiting its other rights or remedies, each party may terminate the Agreement with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of the Agreement and (if such a breach is remediable) fails to remedy that breach within seven days of that party being notified in writing of the breach;
(b) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;
(c) the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
(d) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
(e) the other party (being an individual) is the subject of a bankruptcy petition or order;
(f) a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
(g) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);
(h) a floating charge holder over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver;
(i) a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
(j) any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clauses herein);
(k) the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or
(l) the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.
(m) we are unable to contact you at any time by telephone, e-mail or letter for a continued period of 14 days or more, we will reasonably assume that you no longer wish us to complete the work on your campaign as specified in the Agreement and Clause 2.1 will apply.
3.3 Without limiting its other rights or remedies, we shall have the right to suspend provision of the services under the Agreement if you become subject to any of the events listed above or we reasonably believes that you are about to become subject to any of them.
3.4 On termination of the contract:
(a) you kindly agree to pay to us all of our outstanding unpaid invoices and interest and, irrespective of services supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be kindly payable by you on receipt. Clause 8.2 (Retention of Title) may be invoked in the case of non-payment.
(b) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and
(c) clauses which expressly or by implication have effect after termination shall continue in full force and effect;
(d) services which have not yet been performed shall not be performed.
3.5 We are absolutely committed to ensuring that our clients are 100% satisfied with our service. If for any reason you are not, please follow our complaints procedure as set out below:
(a) In the first instance, please contact us by telephone to let us know you are unhappy with any aspect of our service as soon as possible.
(b) In the unlikely event that you are unable to resolve your problem with the member of staff who is handling your complaint, please request a call back from your Account Manager. If it is a problem that is within our scope to rectify immediately, we will do so there and then or as quickly as is practicable thereafter.
(c) It is always helpful to put the facts as you see them, and the outcome you are expecting, in an e-mail to your Account Manager. This will help them to understand your complaint clearly.
(d) If you are still unhappy after we have tried to rectify the problem, if the person that you speak to by phone cannot help you, or if you have a dispute about the facts of a situation, you must put your complaint in writing, addressing it to the Managing Director. You can send this letter to your Account Manager who will forward it to our managing director.
Please provide as much detail as you can. Your letter should contain a full breakdown of the specific complaint, including the name of the person whom you spoke to first and a list of items that you feel have not been provided to your satisfaction. After receiving your written complaint, the Managing Director will undertake an investigation. The result of this investigation will be communicated to you in writing, within 60 days of us receiving your letter.
If your account has any balance outstanding, you must not withhold or suspend payments that are due while your complaint is being investigated. If the balance of your account has already been paid in full and/or work has been completed, you must submit your complaint within 30 days of completion. Complaints received that have not followed this complaints procedure will not be investigated.
If your complaint cannot be resolved by the Managing Director, we reserve the right to pass your complaint onto an external party for resolution. If this is the case, you will be made aware of the external resolution agency and will be kindly expected to participate in proceedings.