Avidity Marketing Limited (“we” or "the Agency") operates under the following Terms and Conditions: 

  CONFIDENTIALITY, DATA & PRIVACY    

The Agency shall maintain absolute confidentiality with respect to any confidential information received from the Client. The Agency shall not disclose any such information without obtaining Client's specific prior consent, otherwise than in compliance with statutory requirements. 

Confidential Information is defined at the outset of an agreement. In particular, it refers to any data or information relating to the Clients, including but not limited to:  

1.  Financial information; 
2.  Business plans or strategy; and 
3.  Business processes and records.

You can request to access, update, correct, and delete your information you provided to us by sending us an email at info@aviditymarketing.com. When you make a request, we may require certain documentation to be able to verify your identity before we are able process your request.   

 We offer opportunities for you to share your data with us through various means. We also collect certain information automatically when you visit our website.   

  Information You Provide: If you participate in our surveys, sign up for a newsletter, complete our forms on our website or register for an event, we will collect the information you provide to us. This information typically includes your name, contact information, title, company name, and other information specifically requested or that you volunteer through such mechanisms, for instance when you apply for a position with our company   

  Information from Third Parties: We may receive information from third party vendors and business partners or event planners to identify business leads, which typically includes a lead’s name, contact information, title, company name, and other relevant information that might be useful so that we can contact potential business partners, keep our information current, and develop a business relationship with prospective customers.     

  Information from our Website: When you visit our website, we and our service providers acting on our behalf automatically collect certain data using tracking technologies like cookies, web beacons, and similar technologies.    

 The Agency agrees to keep all documents and materials containing Confidential Information in a safe and secure place.  At the client's request and subject to the requirements of applicable law and regulation, the Agency will return or destroy all such documents and materials without retaining any copies thereof within 14 working days, and will identify and delete, as far as is reasonably practicable, any Confidential Information maintained on any computer system or in any other electronic form.  In addition, the Agency will within 14 working days of such request provide to the Client with a certificate confirming the Agencies’s compliance with such request. 

 DATA MIGRATION MANAGEMENT  

  Scope of Data Migration: The Agency agrees to facilitate the migration of the Client's data to the agreed CRM system. This migration will encompass the transfer of specified data sets as mutually agreed upon by both parties.  

  Data Integrity: The Agency will take reasonable measures to ensure that the data is migrated accurately and without any loss of integrity. However, the Client acknowledges that data migration processes can be complex and that there may be instances of data discrepancies. The Client is advised to review and verify the migrated data promptly.  

  Migration Tools and Techniques: The Agency will utilise industry-standard tools and methodologies for the data migration process. The Client will be informed of any significant tools or third-party services used in the migration.  

  DATA SAFETY AND CONFIDENTIALITY  

  Data Protection: The Agency will implement appropriate technical and organisational measures to protect the Client's data against unauthorised or unlawful processing, accidental loss, destruction, or damage.  

  Data Confidentiality: All data provided by the Client will be treated as confidential. The Agency will not use, disclose, or allow access to the data except as necessary to perform its obligations under this contract or as required by law.  

  Data Storage: The Agency will ensure that any copies of the Client's data are stored securely and are accessible only to authorised personnel.  

  Data Breach: In the event of a data breach or suspected data breach, the Agency will promptly notify the Client and take reasonable steps to mitigate the impact of such a breach.  

  GDPR AND DATA PROTECTION RESPONSIBILITIES  

  GDPR Compliance: The Agency acknowledges the importance of compliance with the General Data Protection Regulation (GDPR) and will take reasonable measures to ensure that the data migration process adheres to the principles of GDPR.  

  Limitation of Responsibility: While the Agency will take measures to ensure the data is handled in a GDPR-compliant manner during the migration process, the Client acknowledges and agrees that the Agency is not responsible for the Client's overall GDPR compliance. The Client remains solely responsible for ensuring that its use of HubSpot and any other related activities are in compliance with GDPR and any other applicable data protection laws.  

  Indemnification: The Client agrees to indemnify, defend, and hold harmless the Agency from any claims, damages, liabilities, and expenses arising out of or related to the Client's non-compliance with GDPR or any other data protection laws.  

  Data protection: The Agency shall, if so required by law, register and maintain registration with the Information Commissioner in their country of operation as they will be in receipt of personal information in performing the services under this contract; and 

1. Ensure that they, and any staff, agents and representatives comply with obligations as defined and set out in the Data Protection (Jersey) Law 2018 and the EU General Data Protection Regulation. 
2. The Agency shall take appropriate security, organisational and technical measures to ensure the security of any data or material provided. 
3. Shall notify Gen II Fund Services Jersey if in performing the services under this contract any personal information would be sent outside of the EU. 
4. This section shall survive termination of this Agreement.        

Agreements shall be governed by and construed in accordance with Jersey law. 

The Parties agree to submit to the non-exclusive jurisdiction of the Royal Court of Jersey to settle any dispute that arises out of or in connection with this Agreement. The Parties also agree to make every effort to resolve any dispute informally and without the need for court proceedings, where possible. In the event of a disagreement that cannot be informally resolved, the parties mutually agree by signing this contract to early mediation, with a mediator to be jointly agreed. 

 Any dispute relating to this Agreement which cannot be resolved by negotiation between the parties within 10 working days of either party having given notice to the other party that a dispute has arisen shall be submitted to mediation pursuant to the Mediation Rules of the ADR Group.    

 If for any legitimate reason either party feels that the terms of this agreement are not being adhered to, written notice is required, and the above process adhered to before this contract can be terminated.    

 INVOICING & PAYMENTS

For defined scoping work and project payments, The Client will be invoiced upon contract signing for 50% of the total value is due on receipt, with the remaining 50% due  upon completion of the 

For ongoing contracts with monthly invoicing, The invoiced is raised on the  1st of each calendar month for payment on or before 15th of the month.  Contracts will be fixed term with a renewal opportunity and should the Client or Agent wish to terminate the contract prior to the agreed end date, 3 months notice should be given to either party to enable a smooth transition of the services. If a Client terminates contract with 3 months notice, the full period will be invoiced in advance and payable before the 15th of the month. 

 FORCE MAJEURE 

 Notwithstanding any other provision of these conditions neither party shall be liable for any failure or delay in the performance of the Agreement caused by means beyond their reasonable control including without limitation, strikes, lock outs, labour disputes, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction or any overriding emergency procedures, fire, flood and storm. If the Recipient is unable to perform the Services and obligations under the Agreement as a direct result of a force majeure event, that party shall give to Gen II Fund Services Jersey written notice of the inability stating the reason in question within seven (7) days of the inability arising and no fees shall be paid during the period where services and obligations cannot be performed.  

 The operation of the Agreement shall be suspended during the period (and only during the period) in which the reason continues save in respect of those clauses which would otherwise survive the termination of the Agreement. Forthwith upon the reason ceasing to exist the party relying on it shall give written notice to the other of this fact whereupon the Agreement shall continue in operation but no fees shall be paid for the period. If the reason continues for a period of thirty (30) days, the Agreement may be terminated forthwith upon giving written notice of such termination to the other party.  

The details for each of these contacts are: