Part 01
General terms
The base agreement covering the website and every M3CA service.
1.1Introduction
Welcome to M3CA, a trading name of M3CA LTD and M3CA LLC. These terms and conditions set out the rules for using the M3CA website and services. By accessing this website and using our services you agree to these terms in full. If you do not agree with any part of them, you must not use our website or services.
1.2Definitions
- “Company”, “we”, “our”, “us”: M3CA, trading as M3CA LTD and M3CA LLC.
- “Client”, “you”, “your”: the individual or entity using our services.
- “Services”: the media, IT, education, talent, hospitality, healthcare, marketing, fabrication and platform services provided by M3CA and its verticals.
- “Website”: the M3CA website at www.m3ca.com, together with the vertical sites operated under the same brand.
1.3Services
M3CA provides media and IT services alongside a group of specialist verticals, including but not limited to film and content production, app and software development, managed IT, cyber and compliance, IT certification and training, talent and crew supply, hospitality staffing, healthcare operations software, marketing, and CNC and fabrication. The specifics of each engagement are set out in a separate agreement, quotation or statement of work, and the service schedules in these terms apply in addition to the general terms.
1.4User accounts
- Account creation: to access certain services you may need an M3CA account. You must provide accurate and complete information when registering.
- Account security: you are responsible for keeping your credentials confidential and must notify us immediately of any unauthorised use of your account.
1.5Use of services
- Acceptable use: you agree to use our services only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit any third party's use of the services. Prohibited activity includes unauthorised access to our services or systems, fraudulent activity, and transmitting harmful or disruptive code such as viruses or malware.
- Service modifications: we may modify or discontinue any part of our services at any time without notice.
1.6Payment terms
- Fees: fees are set out in the agreement, quotation or statement of work and fall due as stated on the invoice.
- Payment methods: we accept card payments, bank transfers and PayPal.
- Late payments: late payments may incur interest at the rate stated in the agreement. We may suspend or terminate services on overdue accounts.
1.7Intellectual property
- Ownership: all intellectual property rights in the services and in any content provided by M3CA, including software, graphics and text, remain the property of M3CA or our licensors.
- Client materials: you keep ownership of any materials you supply to us. You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and modify those materials solely to deliver the services.
1.8Confidentiality
- Confidential information: both parties will keep confidential any proprietary information disclosed during the provision of services, including business plans, technical data and trade secrets.
- Exclusions: information that is publicly available, independently developed without reference to the confidential information, or required to be disclosed by law is not confidential information.
1.9Data protection
- Personal data: we are committed to protecting your personal data. Our use of it is governed by our Privacy Policy, which forms part of these terms.
- Data security: we apply appropriate technical and organisational measures to protect your data from unauthorised access, loss or damage.
1.10Warranties and disclaimers
- Service warranties: we warrant that our services will be performed with reasonable skill and care. So far as the law allows, we disclaim all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.
- Limitation of liability: to the maximum extent permitted by law, M3CA is not liable for indirect, incidental or consequential loss, including loss of profits, revenue or data, arising out of or in connection with our services.
1.11Indemnification
You agree to indemnify, defend and hold harmless M3CA, its officers, directors, employees and agents against any claims, liabilities, damages, losses and expenses, including legal fees, arising out of or connected with your use of our services, your breach of these terms, or your infringement of any intellectual property or other rights of a third party.
1.12Termination
- Termination by the client: you may terminate your agreement with us at any time by giving written notice. Termination takes effect at the end of the current billing period.
- Termination by M3CA: we may terminate or suspend your access to the services immediately, without prior notice or liability, if you breach these terms. On termination your right to use the services ends immediately.
1.13Force majeure
M3CA is not liable for any failure or delay in performing our obligations where that failure or delay is caused by circumstances beyond our reasonable control, including natural disasters, acts of terrorism, labour disputes and governmental action.
1.14Governing law and dispute resolution
- Governing law: these terms are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.
- Dispute resolution: disputes arising out of or in connection with these terms will first be addressed through negotiation. If the parties cannot resolve the dispute by negotiation, it will be settled by binding arbitration under the rules applicable in England and Wales.
1.15Changes to these terms
M3CA may modify these terms at any time. Changes take effect when posted on our website. Your continued use of our services after a change constitutes acceptance of the updated terms.
1.16Miscellaneous
- Severability: if any provision of these terms is found invalid or unenforceable, the remaining provisions remain in full force.
- Entire agreement: these terms, together with any agreement or statement of work, form the entire agreement between you and M3CA regarding your use of our services.
- Waiver: no waiver of any term is a further or continuing waiver of that term or any other term.
1.17Contact
- Phone: +44 7359 079731
- Email: info@m3ca.com
- Address: 35 Berkeley Square, Mayfair, London, W1J 5BJ, United Kingdom
