Terms of USE
These terms apply to radialpath.com, operated by Radial Path Ltd, a company registered in England and Wales (company number 10757683), registered office Hoults Yard, Walker Road, Newcastle upon Tyne, NE6 2HL ("Radial Path", "we", "us", "our").
1. Acceptance of terms
By accessing this website, you agree to be bound by these terms. If you do not agree, please do not access or use this website.
2. Scope and eligibility
This website is intended for business use by prospective and existing clients, partners, suppliers and other stakeholders of Radial Path. You must use it only for lawful purposes and in accordance with these terms.
3. Permitted use of this website
You may use this website to learn about our services and work, read our insights and resources, and get in touch with us about working together. Any use of this website must comply with applicable laws and regulations.
4. Prohibited use
You may not use this website in any way that causes damage to it or impairs its availability; transmit unlawful, harmful or infringing content; attempt to gain unauthorised access to any systems, networks, data or areas of the website; or introduce viruses, malware or other harmful code. Search engines and AI answer engines may access and index this website in line with our robots.txt file. Any other automated scraping, bulk copying or systematic collection of content, including for the purpose of training AI models, is not permitted without our prior written consent.
5. Intellectual property rights
All content on this website, including text, graphics, logos, frameworks, design work and software, is the property of Radial Path or its licensors and is protected by applicable intellectual property laws. You may share links to our content and quote short extracts with clear attribution. Otherwise, no content may be copied, reproduced, modified, distributed or used for commercial purposes without our prior written consent, except as permitted by law.
6. Client work and third-party brands
Client names, logos, trademarks and project work shown on this website are the property of their respective owners and are displayed with permission. Their inclusion does not imply that any client endorses content on this website beyond the work shown.
7. Our services
Nothing on this website forms an offer or a contract for services. Any engagement with Radial Path is governed by a separate written agreement, such as a statement of work, and our terms of business.
8. Third-party links and content
This website may contain links to third-party websites. We are not responsible for the content or practices of those sites. Access to them is at your own risk and subject to their own terms and privacy policies.
9. Privacy and data protection
Your use of this website is also governed by our [Privacy Notice] and [Cookie Notice], which explain how we collect, use and protect personal data. By using this website, you acknowledge that personal data may be processed in accordance with those notices and applicable data protection laws.
10. Disclaimers
This website and its content are provided on an "as is" and "as available" basis. While we aim to keep information on this website accurate and up to date, we make no representations, warranties or guarantees, express or implied, about its accuracy, completeness, reliability, suitability or availability. Content on this website, including articles and insights, is for general information only and should not be relied upon as professional, commercial, legal or technical advice for your specific circumstances.
11. Limitation of liability
To the fullest extent permitted by law, Radial Path, its directors, employees and agents shall not be liable for any indirect, consequential, incidental, special or punitive damages, including loss of profits, revenue, business, contracts, goodwill, data or anticipated savings, arising out of or in connection with your access to or use of this website, your inability to access or use it, reliance on information provided on it, or any interruption, error, delay, virus or security issue affecting it. Nothing in these terms excludes or limits liability where doing so is prohibited by law.
12. Indemnity
You agree to indemnify and hold harmless Radial Path against claims arising out of or relating to your misuse of this website, your breach of these terms, or your violation of any applicable law or third-party rights.
13. Changes to this website and these terms
We may modify, withdraw, suspend or discontinue any part of this website at any time without liability. We may update these terms from time to time. Updated versions will be published on this page and take effect on publication. Continued use of the website after changes means you accept the updated terms.
14. Governing law and jurisdiction
These terms are governed by the laws of England and Wales, and any disputes are subject to the exclusive jurisdiction of the courts of England and Wales.
15. Contact us
Questions about these terms can be sent to hello@radialpath.com
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SCHEDULE 1: SERVICE SPECIFIC TERMS
12. DIGITAL AND SOCIAL MEDIA SERVICES
12.1 If in the provision of the Services, Agency is required to access: (i) any website at any domain name controlled by Client; or (ii) applications of Client; or (iii) social media pages of Client; or (iv) CRM or CMS systems controlled by Client; or (v) any other hosted digital platforms of assets controlled by Client, such platforms and assets shall be deemed to be Client Materials for the purpose of this Agreement and Client shall ensure that:
- It provides Agency, in a timely manner and at no charge with such access to its platforms and assets, including passwords and where necessary, administrative access, as may be reasonably required by Agency to provide the Services agreed in the relevant Service Specification; and
- Obtain and maintain all necessary licences, permissions and consents which may be required to enable Agency to access Client’s platforms and assets and the content on Client’s properties and assets as necessary to provide the Services agreed in the relevant Service Specification.
12.2 If as part of the Services, Agency is required to post or release content in the public domain (including on to any Client platforms or assets), Agency shall seek Client’s prior written approval before posting any such content but shall not be responsible for any acts or omission of any third party in respect of such content, in particular it shall not be responsible for any failure by any third party to publish such content accurately or at all, or for any re posting, modification or copying of such content by any third party.
3. PAID MEDIA
13.1 If as part of the Service, Agency is required to purchase digital media for the placement of advertising by Client (e.g. Pay Per Click, Programmatic Adverts, Social Adverts), the terms set out in this section shall apply.
13.2 Client’s written approval of paid media budgets, estimates or quotations of cost will be Agency’s authority to bid on digital media and advertising space with third party platforms on Client’s behalf up to agreed limits, under the standard terms and conditions of digital media and advertising vendors.
13.3 Agency will assist in setting up payment options so that Client can buy digital media directly with digital media vendor platforms. This will be via debit/credit card or invoice depending on the vendor.
4. RADIAL PATH PROSPECT SERVICES
14.1.1 Radial Path is not a LinkedIn product. You understand that like any third-party software or tools, LinkedIn Corporation does not endorse Radial Path or the third party technology partners that Radial Path utilises to deliver certain LinkedIn prospecting services in relation to the service Radial Path Prospect. Nor does LinkedIn Corporation have any association with Radial Path.
15. WEB AND SOFTWARE DEVELOPMENT SERVICES
15.1 If as part of the Services, Agency is required to design and/or build and/or implement websites, applications or other software (“Software”) the terms set out in this section shall apply. Client agrees they are permitted a maximum of four (4) hours of alteration on projects of £2,500, with an additional one (1) hour of alteration available per whole £1,000 of cost after that, unless quoted otherwise. Alterations are considered minor amends, after Software has been signed off by Client at several stages leading up to final delivery. All alterations are to be requested in writing by Client. After the allocated time for alterations is used up, either in design or coding, Agency reserves the right to advise Client of such and send a separate quotation to Client and to request payment for any further alterations. Agency reserves the right to request payment be received for further alterations before continuing work. Upon completion of agreed design, Client is asked to confirm in writing that the design is signed off as complete and agree that any further design alterations are chargeable. If the Client requests design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, Agency reserves the right to quote separately for these alterations.
15.2 If optimised pages are included as part of the project, Agency will optimise the Client’s web pages that already make up part of the project. Optimised pages is not creation of new pages. The optimisation of the web pages can include the meta tags, keywords, description, title, alt tags and text provided by Client. Agency endeavours to create pages that are accessible to search engines. However, Agency gives no guarantee that the site will become listed with search engines.
15.3 If an error or issue with the design or code arises during the project, which does not allow the design or code to match the original specification, Client agrees that Agency can apply a nearest available alternative solution.
15.4 Agency reserves the right to assign subcontractors in whole or as part of a project if needed.
15.5 On request, Agency can create a copy of the website to be transferred to Client on project completion. A small charge will be made to cover the cost of this, unless quoted otherwise.
15.6 Agency tests sites and templates to ensure they comply with W3C CSS standards as they are at time of sale. Should updated W3C CSS guidelines be introduced after the site or templates were sold to Client, Agency reserves the right to quote separately for any additional work needed. If Client uses Wordpress Themes or Modules, or other CMS systems that are not built by Agency, the overall page may not meet W3C CSS standards.
15.7 Agency shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to with browser compatibility as follows:
- Google Chrome (latest version) — Windows, Mac OS X, iOS, Android
- Apple Safari (latest version) — Mac OS X, iOS
- Microsoft Edge (latest version) — Windows
- Mozilla Firefox (latest version) — Windows
15.8 Client agrees that Agency cannot guarantee correct functionality with all browser Software across different operating systems and latest versions.
15.9 Client agrees that, following handover of files, any updated Software versions of the browsers, domain name set-up changes or hosting set-up changes thereafter may affect the functionality and display of their website. As such, Agency reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser Software, domain name or hosting changes.
15.10 Client agrees that more advanced applications on a website page may require a newer browser version or plug-in.
15.11 Agency warrants to Client and solely for the benefit of Client that, for the duration of the applicable Warranty Period, the Software will perform substantially in accordance with the descriptions and specifications set forth in the applicable Service Specification. Unless agreed otherwise in a Service Description, “Warranty Period” means the period from the date of acceptance of the Software to the date thirty (30) days thereafter. Acceptance of the Software shall be deemed to have occurred on whichever is the earliest of:
- Client confirming in writing its acceptance of the Software; or
- if no acceptance tests or acceptance procedures have been agreed or such tests or procedures have been unreasonably delayed by Client, on expiry of ten (10) Business Days after delivery of the final version of the unreasonably delayed by Client, on expiry of ten (10) Business Days after delivery of the final Software; or
- the use of the Software by the Customer in the normal course of its business.
15.12 The warranty in paragraph 15.11 is conditional upon Client notifying Agency in writing of the claimed nonconformity during the Warranty Period with a description that is reasonably adequate to allow Agency to reproduce and identify the claimed nonconformity.
15.13 Client’s sole and exclusive remedy and Agency’s sole liability for breach of the warranty in paragraph 15.11 above, Agency may, at its option: (a) correct the Software; (b) solve the defect with a workaround; or (c) refund Client the Fee associated with the applicable Software.
15.14 The warranty in paragraph 15.11 above shall not apply to the extent that: (a) the Software has been altered or otherwise modified from the original state delivered to Client by Agency; (b) the Software has been used in a manner not in accordance with the Service Specification; and/or (c) the Software has been combined with other products not supplied by Agency.
15.15 If Client requires support or maintenance services in respect of any Software, the parties shall enter into a separate agreement in respect of such services, and such services shall not be provided under this Agreement.
15.16 Client agrees that Agency is not liable for any bugs, performance issues or failure of Wordpress software as Wordpress is open-source software distributed under the GPL (“GNU General Public License”) and is maintained and developed by a community of thousands of users and developers. Any bugs, performance issues or failure with the software will be directed to the Wordpress Development community via wordpress.org.
15.17 Unless expressly agreed in the Service Description, the provision of source code for Software is not included in the Deliverables.
16. DOMAIN AND HOSTING SERVICES
16.1 If as part of the Services, Agency is required to provide hosting services, such hosting services will be made available via the cloud computing services currently provided by Amazon Web Services (AWS) either directly or via Webflow. AWS are provided to Agency subject to Amazon’s standard terms and conditions, which can be accessed at: https://aws.amazon.com/service-terms/ (the “AWS Service Terms”). Client agrees that in respect of any Amazon hosting services provided as part of the Services:
- Client shall comply with the terms set out in the AWS Service Terms and shall indemnify Agency for any failure by it to do so; and
- Agency will only be liable to Client, pursuant to the AWS Service Terms.
16.2 Client agrees that registration of a domain name does not provide endorsement of the right to use the name. Client is responsible for ensuring they have due title to the domain name. Agency holds no liability and Client hereby agrees to indemnify and hold harmless Agency from any claim resulting from Client’s registration of a domain name.
16.3 Any other domain name and hosting services or costs not included by Agency, including but not limited to further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrades, extra disk space, bandwidth and any other related or hidden charges, are to be paid by the Client to Agency as Third Party Costs.
16.4 Payment for domain name and hosting services is to be made immediately on receipt of an invoice from the third party service. Failure to comply with the payment terms may result in the Client’s domain name becoming available to another party and/or the website and email services becoming unavailable.
16.5 Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account that Agency requires to upload the website if required as part of a project.
16.6 Agency reserves the right to refuse service to the Client should any hosting Fee not be paid when due. In such instances, if a Client’s account is suspended there shall be a £75 reactivation charge, which can only be waived at the Agency’s sole discretion. No refunds shall be provided at any time for cancellation of services.
16.7 Agency agrees that Client is permitted to move any Software to a different hosting provider at any time. Work required to move hosting providers is not included in this Agreement or Service Specifications. If Client requires support in respect to moving the hosting of any Software, Agency will quote for the extra work required and enter into a separate agreement in respect of such services. No refunds shall be provided at any time for cancellation of services if existing hosting has been paid for in advance of the service year.