Mark My Play – Terms & Conditions

Parties

Markmyplay, with its registered address at 5 Cairn Drive, Buxton, Derbyshire, SK17 9XQ (“Markmyplay”, “we”, “us”).

2. The Customer, whose details are set out in the applicable Statement of Work (“you”).

Affiliate: any company under common management or control.
Customer Materials: all information, text, designs, photos, and content you provide to us.
Data Protection Laws: UK Data Protection Act 2018 and all related regulations, guidance, and industry rules.
Deliverables: playground markings and car park markings only. These are the only goods and materials supplied by Markmyplay under the Services.
Delivery Date: the estimated date we provide for delivery of Services.
Fees: charges payable by you as set out in the Statement of Work.
Intellectual Property Rights: copyright, trademarks, patents, designs, trade secrets, and all similar rights worldwide.
Installation Services: installation and related work required to complete the Statement of Work.
Order: your order for Services, placed in response to our quotation.
Services: Deliverables and Installation Services.
Statement of Work: written details of Services agreed between you and us.

We will provide Services with reasonable care and skill. Timeframes are estimates only unless agreed in writing.
Risk in Deliverables passes to you on delivery. Title passes once Fees are paid in full.
Until title passes, you must store Deliverables properly, keep them insured, and not alter or obscure markings.
If payment is overdue, we may recover Deliverables from your premises.
Faulty Deliverables must be returned within 7 days of delivery (or within a year if faults appear later). We may replace or reject claims at our discretion.
You cannot reject part-only of a delivery.
If you are a consumer, you have a 14-day cancellation right for non-bespoke Deliverables, subject to return conditions.

Invoices must be paid within 28 days.
A minimum order value of £850 applies.
Fees exclude delivery, packaging, and VAT (where applicable).
If you miss a payment deadline, we may: charge interest under the Late Payment of Commercial Debts (Interest) Act 1998; suspend or cancel Services; or dispose of Deliverables we hold for you.

Services Warranty: 1 year.
Deliverables Warranty: 4 years.
Exclusions: wear and tear, incorrect use, non-tarmac installation, unauthorised alterations, or damage caused by vehicles or other suppliers.

Nothing limits liability for death, personal injury, fraud, or statutory rights.
Otherwise, our total liability is limited to 110% of Fees paid or payable under the applicable Statement of Work.
We are not liable for indirect or consequential losses (e.g., lost profits, contracts, or goodwill).
We will take reasonable steps to avoid damage to floors, surfaces, and access routes while on site; we are not liable for such damage unless caused by our negligence or wilful default.

We grant you a non-transferable licence to use Deliverables for your internal business.
You grant us rights to use your materials to deliver Services.
We retain all Intellectual Property Rights in Deliverables.
We may use non-confidential details, your name, and logo for marketing purposes.
You will indemnify us for third-party claims arising from your materials, instructions, or content.

Both parties must keep confidential information secure and only use it to perform this Agreement.
Exceptions include information that is public, independently developed, lawfully obtained elsewhere, or required by law.
These obligations survive termination.

Both parties must comply with Data Protection Laws.
You are the Data Controller; we are the Data Processor.
We will keep Personal Data confidential and only process it as instructed.
We will notify you of any data breach without undue delay and within 48 hours of becoming aware.
We will not transfer Personal Data outside the EEA without your consent unless compliant with Data Protection Laws.
On request or termination, we will return Personal Data subject to our legal obligations.

This Agreement ends automatically when all Statements of Work are complete.
Either party may terminate immediately if the other breaches this Agreement and fails to remedy within 14 days, or becomes insolvent or ceases business.
On termination, all unpaid charges become immediately due.

Neither party is liable for failure to perform due to events outside their reasonable control (e.g., strikes, floods, war, government action, supplier failure).
If such events continue for 30 days, either party may terminate.

This Agreement is the entire understanding between us.
Rights or remedies not exercised are not waived.
You cannot assign this Agreement without our consent. We may assign at any time.
Notices must be in writing and posted to the registered address (email is not accepted for formal notices).
No third party has rights to enforce this Agreement.
No partnership or agency is created by this Agreement.
If a clause is invalid, the rest remains effective.
Governing law: England and Wales. Jurisdiction: exclusive jurisdiction of the English courts.
Contact: If you have issues with our Services, email us at marc@markmyplay.co.uk