Terms & Conditions

1. Definitions

1.1. “You”, “your” means the Customer purchasing this product, with the contact information entered on the form
“We”, “our” means Sheer Media Ltd T/A Engage Web, a company incorporated in the United Kingdom with registered number 06889568
“Course” refers to the online product being purchased
“Intellectual Property Rights” means patents, copyright, moral rights, trademarks and service marks, trade names and domain names, rights to goodwill or to sue for passing off, rights in computer software, database rights, rights in confidential information and any other intellectual property rights in any jurisdiction.

2. Payment & Termination

2.1. By purchasing this product, you agree to pay the price stated, either paid in a single full one-off payment or in instalments in the schedule agreed.
2.2. Course materials can be accessed via your online learning portal. You will be sent a welcome email within 2 working days of purchase with instructions on how to register for the portal.
2.3. We offer a 30-day money back guarantee. The 30-day period commences on the day of purchase. However, this becomes void if:
2.3.1 During the 30-day period, you attend a face-to-face training session or strategy video call with Darren.
2.3.2. After the 30-day money back guarantee period, or if clause 2.3.1 comes into effect, no refunds are given. Your course materials cannot be transferred.
2.4. In the event you are dissatisfied with the product and wish to claim a refund, email academy@engageweb.co.uk with your request. Our team will confirm the refund process to you within 3 working days of your request.
2.5. Please allow up to 21 days for any money to be returned back to your account. Your statutory rights are not affected. Refunds will be returned to the card used for the original purchase. Access to your course will be deactivated and removed.
2.6. Once the money back guarantee period has passed, if you have chosen to pay by instalments these must be paid in full and on time in accordance with the instalment schedule

3. Bonuses

3.1. If your package includes a bonus or bonuses, these will be supplied in the timeframe offered
3.2. All bonuses are on offer in addition to the product being sold and are available at the time of sale. We reserve the right to replace any bonus with an alternative of an equal or higher value in the event that bonus is no longer relevant or available
3.3. Any face-to-face training offered is, unless otherwise stated, at our training venue in Ellesmere Port, Cheshire UK. Should you be unable to attend Ellesmere Port, no alternative will be offered. Dates are subject to availability and are usually 4-6 times a year
3.4. Any strategy video call offered as a bonus with Darren should, as stated during the webinar, be booked after you’ve completed the course because a lot of your questions should be answered within the materials and it can make the call redundant if you ask questions and Darren is referring you back to a module in the course. We reserve the right to request that you complete the course before booking any strategy call
3.5. Darren has a busy schedule as a speaker and business & marketing mentor for Engage Web and for third parties and as such any strategy video calls must be booked around his diary. We will make every effort to ensure your strategy video call is booked within 28 days of your request. This is often sooner and you will usually be supplied with a Calendly diary link for your convenience

4. INTEREST FOR LATE PAYMENT

4.1. Without prejudice to Sheer Media’s statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if payments are not received according to agreed credit terms, all sums due from the Customer to Sheer Media which are not paid on the due date shall bear interest from day to day at the rate of 6% per annum above the base rate of Barclays Bank plc.

5. Intellectual Property Rights

5.1. All Intellectual Property Rights created or used by Sheer Media in providing the Services shall remain the absolute property of Sheer Media and/or its licensors.
5.2. The Customer shall not, and shall not attempt, to analyse, reverse engineer, replicate, transfer or sell any aspect of the materials or Intellectual Property Rights arising from them, for the purposes of any website other than the websites identified in the Proposal Document without the prior written consent of Sheer Media.
5.3. The Customer is not granted any rights in or to the Intellectual Property Rights of Sheer Media

6. Liability

6.1. This clause sets out the entire financial liability of Sheer Media (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to the Customer in respect of any breach of the Contract and any negligent act or omission of Sheer Media in the course of the provision of the Services.
6.2. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

7. LAW AND JURISDICTION

7.1. The Contract and any dispute or claim arising out of or in connection with it or its subject matter shall be subject to and construed and interpreted according to the laws of England and Wales.
7.2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter.

8. Data Protection

8.1. For the purposes of this clause 10 references to “personal data”, “data subject”, “personal data breach”, “processing”, “data processor” and “data controller” shall have the meaning specified in the Data Protection Act 1998 or with effect from 25th May 2018 the General Data Protection Regulation (EU) 2016/679 and any legislation replacing or supplementing the same.

8.2. Each party shall comply with any applicable data protection, privacy or similar laws anywhere in the world (“Data Protection Laws”), including the Data Protection Act 1998 and the General Data Protection Regulation (EU) 2016/679, that apply in relation to any personal data processed in connection with the Contract and render any such assistance and co-operation as is reasonably necessary or reasonably requested by the other party.

8.3. When Sheer Media processes any personal data collected from or about individuals on the Customer’s behalf when performing its obligations under the Contract, the parties record their intention that the Customer shall be the data controller in respect of such personal data and Sheer Media shall be the data processor in relation to such personal data and Sheer Media agrees that it will:

8.3.1. process such personal data only in accordance with the Customer’s written instructions;

8.3.2. promptly notify the Customer if Sheer Media receives notice of any complaint or communication which relates to the processing of such personal data or to either party’s compliance with Data Protection Laws unless legally prohibited;

8.3.3. take appropriate technical and organisational security measures against unauthorised or unlawful processing of such personal data and against accidental loss of or damage to such personal data in accordance with the Seventh Data Protection Principle as set out in the Data Protection Act 1998 and any legislation replacing or supplementing the same, which shall include the measures set out in the Contract;

8.3.4. not engage another processor without the prior specific or general written consent of the Customer;
8.3.5. as an exception to the requirements of sub-clause 10.3.4, the Customer agrees that in an emergency situation where disclosure or transfer of such personal data is necessary to preserve the integrity of the personal data, Sheer Media shall be entitled to disclose or transfer such personal data to a third party to the extent only as is required for such purpose. Sheer media shall inform the Customer of the intended disclosure or transfer, together with the identity of the third party, where possible prior to the event or where pre-notification is not possible as soon as possible after the event, in order to give the Customer the opportunity to object to such disclosure or transfer;

8.3.6. ensure that with effect from 25th May 2018 any disclosure or transfer of such personal data to third parties pursuant to sub-clauses 10.3.4 and 10.3.5 shall be made subject to the same data protection obligations as are contained in this clause 10.3 by way of contract or other legal act under EU or Member State law;

8.3.7. not cause or permit any personal data to be transferred to countries outside the European Economic Area that have not received a binding adequacy decision by the European Commission or competent national data protection authority unless subject to the terms of the EU Standard Contractual Clauses or other appropriate transfer mechanism that provides an adequate level of protection in accordance with applicable Data Protection Laws;

8.3.8. give reasonable assistance to the Customer to enable it to respond within required timescales to a request made by a data subject to exercise his or her rights under Data Protection Laws in relation to personal data processed by Sheer Media on behalf of the Customer;

8.3.9. taking into account the nature of Sheer Media’s processing and the information available to Sheer Media:

8.3.9.1.1. provide reasonable assistance to the Customer in undertaking data protection impact assessments relating to the Services provided by Sheer Media; and

8.3.9.1.2. provide reasonable assistance to the Customer in ensuring compliance with the Customer’s security and breach notification obligations under Data Protection Laws;

8.3.10. ensure that persons authorised on behalf of Sheer Media and its sub-contractors to process such personal data are committed to contractually binding confidentiality commitments or are subject to a statutory obligation of confidentiality;

8.3.11. promptly notify the Customer if it becomes aware of any personal data breach that involves personal data processed by Sheer Media on behalf of the Customer;

8.3.12. take all reasonable steps to address such a personal data breach, including, where appropriate, measures to mitigate its possible adverse effects and shall consult with the Customer in respect of such resolution or mitigation;

8.3.13. at the Customer’s option, delete or return all such personal data to the Customer on termination of the Contract and delete existing copies except to the extent that retention of the personal data is required by law; and

8.3.14. make available to the Customer and its regulators all information necessary to demonstrate compliance with the obligations in this clause 10.3.

9. Miscellaneous Provisions

9.1. The Customer may not assign or transfer the benefit of the Contract to any other party without the prior written consent of Sheer Media