Water Lily Pond Ltd, the provider of Expert Pitch Review and Pitches of Paradise services, welcomes you to this website.
Water Lily Pond Ltd is a company registered in England under number 9001389, whose registered office is at Unit 10, 80 Lytham Road, Fulwood, Preston PR2 3AQ, United Kingdom, represented by the sole company director, Mate Kovacs. Company Registration Number: 9001389. VAT registration number: 212441947
These Terms and Conditions, together with any and all other documents referred to herein, of Water Lily Pond Ltd set out the terms of the Expert Pitch Review and Pitches of Paradise services, and the terms under which you may use this website, pitchesofparadise.com (“The Site”). For all terms and conditions in relation to the Expert Pitch Review and Pitches of Paradise services, or for any other services, please contact us and request the relevant documentation and agreements: Services Agreement and Non-Disclosure Agreement.
Please read these Terms and Conditions carefully and ensure that you understand them before purchasing the Expert Pitch Review and/or Pitches of Paradise services. When making a purchase on this website, you will be required to read and accept these Terms and Conditions. These Terms and Conditions do not affect your statutory rights.
Definitions and interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
www.pitchesofparadise.com or pitchesofparadise.com;
a user of The Site who may or may not decide to place a Product Order on The Site;
any registered businesses that are in need of brand and marketing communications services, and which are accepted as a Client by the Agency Partner maintaining the right to decline the provision of Services to companies related to fossil fuels, harmful chemicals, mining, alcohol, tobacco, cannabis, leather, meat, dairy, fast food industries or any other business practices that are not aligned to the Agency Partner’s ethical standards;
Water Lily Pond Ltd, a limited company registered in England under company number 9001389. Registered address: Unit 10, 80 Lytham Road, Fulwood, Preston PR2 3AQ, United Kingdom. Represented by the sole company director, Mate Kovacs;
the sole company director, Mate Kovacs, representing Water Lily Pond Ltd;
Expert Pitch Review and/or Pitches of Paradise, which are paid Services that can be ordered and purchased on The Site;
brand and marketing communications consultation and advice regarding pitch decks, and/or creative development of pitch decks, which are provided by the Agency Partner to the Client as specified in the Product Order (and confirmed in the Order Confirmation);
the entire agreement between the Client and the Agency Partner, which consists of the Non-Disclosure Agreement and Services Agreement;
a mutual agreement for the sharing of confidential information, which, along with the Services Agreement, forms the “Agreement” between the Client and the Agency Partner;
a contract for the purchase and sale of Services, which, along with the Non-Disclosure Agreement, forms the “Agreement” between the Client and the Agency Partner;
the pitch deck that was developed by you and regarding which you need advice, consultancy or creative development services;
the prices of Product(s) that are specified on The Site;
the duration of the project that includes the initial term of 30 working days and any extended period that is agreed by the Client and the Agency Partner in writing as and when needed/appropriate;
the date when the Duration commences by the Client paying the Product Fees in full and submitting the Pitch Deck, and both parties sign the Agreement;
order placed for the Product(s) via The Site;
The Agency Partner’s acceptance and confirmation of the Product Order, sent by email to the Client.
The Site may be accessed in several ways, including, but not limited to, the world wide web and mobile devices.
Copyright of The Site is owned by Water Lily Pond Ltd. The Site’s content, including any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, The Site, must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the content of The Site without the express written permission of Water Lily Pond Ltd. You are not entitled to use the content of The Site for commercial exploitation in any circumstances.
The names, images and logos identifying Pitches of Paradise, Expert Pitch Review and Water Lily Pond are proprietary marks of Water Lily Pond Ltd. Any use made of these marks without obtaining permission may be an infringement of rights in those marks and Water Lily Pond Ltd reserves all rights to enforce such rights.
The Site contains links to other websites. Water Lily Pond Ltd accepts no responsibility or liability for any material supplied by or contained on any third-party website which is linked from or to The Site, or any use of personal data by such a third party. The inclusion of any link on The Site does not imply endorsement by Water Lily Pond Ltd or Pitches of Paradise of the linked site. If you decide to access linked third-party websites, you do so at your own risk.
You may not link to The Site from any other site the main content of which contains material that is sexually explicit, obscene, deliberately offensive, hateful or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age; is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive another person; is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy; implies any form of affiliation with us where none exists; infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
Although we will do our best to provide constant, uninterrupted access to The Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) The Site or the use of or reliance upon any content included on The Site. If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
We can change these terms at any time, without notice, and your continued use of The Site after any change we make will mean that you agreed with the changes. In the event that you do not agree to any change, please do not access or use the services in any manner for any purpose.
Terms of services
We or the Agency Partner is Water Lily Pond Ltd, a limited company registered in England under company number 9001389. Registered address: Unit 10, 80 Lytham Road, Fulwood, Preston PR2 3AQ, United Kingdom. Represented by the sole company director, Mate Kovacs.
The Agency Partner provides Services that include consultation and advice regarding pitch decks, and/or creative development of pitch decks that are designed to help innovative tech startups and businesses raise awareness of their goods and services, and help promote them to investors, ecosystem organisations, partners, customers and end-users. The Services are available to be purchased on The Site as Products called Expert Pitch Review and/or Pitches of Paradise.
Expert Pitch Review services mean a one-hour call via Zoom (audio/video conferencing software) between the Client and Mate Kovacs, the Founder and owner of Water Lily Pond Ltd. The Founder will run a gap analysis and thorough review of the Client’s pitch deck, and within 3 to 5 working days the Client receives a one-page expert review document to help improve the pitch deck. No revisions of the one-page review document and no further calls are included in the Product Fees for this service.
Pitches of Paradise services means a one-hour call via Zoom (audio/video conferencing software) between the Client and the Founder to review the pitch deck and discuss requirements. Following the call, the Agency Partner creates the structure, story, creative design and creative content for the pitch deck of 10-15 slides in PowerPoint or Keynote format, during the project duration of 10-15 working days. It includes 3 rounds of revisions by the Client and quality management provided by the Agency Partner. On completion, the Client receives the editable files of the pitch deck. No further rounds of revisions and calls are included in the Product Fees for this service.
Any registered businesses that are in need of the Services and wish to appoint the Agency Partner to provide the Services in relation to their business in accordance with the agreed terms, can be accepted as a Client by the Agency Partner, maintaining the right to decline the provision of Services to businesses related to fossil fuels, harmful chemicals, mining, alcohol, tobacco, cannabis, leather, meat, dairy, fast food industries or any other business practices that are not aligned to the Agency Partner’s ethical standards.
The Agency Partner makes all reasonable efforts to ensure that the general descriptions of Products correspond to the actual Services that will be provided to the Client, however the exact nature of the Services may vary depending upon the individual requirements and circumstances. The Agency Partner neither represents nor warrants that all Services will be available at all times and cannot necessarily confirm availability until confirming the Client’s Product Order in the Order Confirmation.
A Product Order means a written request submitted on The Site by you for the supply of Services in the form of the Product(s) from the Agency Partner. The Order Confirmation is issued by email to you once you are accepted as a Client by the Agency Partner, and the Product Order that was placed by you is accepted by the Agency Partner.
The prices of Products are shown on The Site and are exclusive of any VAT (when applicable). The Agency Partner reserves the right to change prices and to add, alter, or remove special offers from time to time and as necessary. In the unlikely event that incorrect pricing information has been shown on The Site, the Agency Partner will contact the Client in writing before proceeding with Product Order.
In order to be able to provide the Services for the selected Product, the Agency Partner must receive your Pitch Deck, either by uploading the Pitch Deck while placing a Product Order on the Site, or sharing it by email afterwards. Therefore, you must prepare the Pitch Deck in advance and ensure it’s in a format and state that is sufficient for the Agency Partner to work on.
When placing a Product Order on The Site, you need to select the Product, pay the Product Fees in full, fill in your personal and business information including your first name, last name, email address, phone number, billing address, company name (if applicable) and VAT number (if applicable), add an optional message and submit your Product Order.
If the Agency Partner accepts you as a Client and accepts your Product Order, you will be sent an Order Confirmation with the request to sign the Services Agreement (SA). When required by the Client, both parties accept and sign the Non-Disclosure Agreement (NDA) as well. These documents then constitute the entire Agreement between the Client and the Agency Partner.
The Duration of the project commences on the Start Date, which is the day by which the Client pays the Product Fees in full, both parties sign the Agreement and the Client submits the Pitch Deck. The Duration includes the initial term of 30 working days and any extended period that is agreed by both parties in writing as and when needed/appropriate.
After the Agency Partner has accepted the Client and Product Order, the Agency Partner will perform for the Client the Services described in the Agreement. The Agency Partner undertakes to provide the Services using due care and diligence at all times. The Agency Partner may assign suitable subcontractors with appropriate experience and seniority to provide the Services, and if necessary may replace any of them with alternative subcontractors with similar seniority and experience.
The Client shall collaborate and co-operate with the Agency Partner and provide it, at its request, with such information concerning the Client and the Client’s requirements in respect of the Services as is reasonably necessary so that the Agency Partner can perform the Services. The Client will ensure that all facts it gives about their business are accurate.
The Agency Partner will collaborate and co-operate fully with the Client and use reasonable care and skill to ensure the Services are as successful as can be expected from a competent brand and marketing communications agency partner.
The Agency Partner shall provide the Services for the Client’s benefit, review and approval, as per the process and number of revisions agreed in the Agreement. The Client may request the Agency Partner to cancel any and all planned or work-in-progress Product. The Agency Partner will take reasonable steps to comply with any such request provided that it can do so within its contractual obligations to its subcontractors.
In the unlikely cases where the Agency Partner encounters a technical problem or emergency and the Services may need to be suspended, interrupted or delayed to resolve the issue, the Client will be notified as soon as possible.
The Agency Partner shall not be responsible for any delay due to the Client failing to provide correct information, input, feedback or approval to the Services. If additional work is required for the Agency Partner to correct or compensate for a problem arising as a result of delayed, incomplete or otherwise incorrect information or action that the Client has provided or taken, the Agency Partner may charge the Client a reasonable additional sum for that work.
The Site will guide you through the ordering process. No part of The Site constitutes a contractual offer capable of acceptance. A Product Order constitutes a contractual offer that the Agency Partner may, at its discretion, accept. Acceptance is indicated by sending the Client an Order Confirmation by email.
The required Product, Expert Pitch Review or Pitches of Paradise, may be selected on The Site. A Product Order may be placed by completing the order form and paying the Product Fees. Upon acceptance of a Product Order by the Agency Partner, the Client receives an Order Confirmation with the request to submit the Pitch Deck (if it hasn’t been submitted via the order form) and sign the Agreement.
The Order Confirmation will include confirmation of the Product and Services ordered, including full details of the main characteristics of those Services, and fully itemised pricing for the Services ordered including, where appropriate, taxes and other additional charges.
If the Agency Partner, for any reason, does not accept or cannot fulfil the Product Order, no payment shall be taken under normal circumstances. If payment was taken, it will be refunded in full.
Acceptance or rejection of order
The Agency Partner provides the Services to tech startup companies across the globe and across tech verticals. A Product Order on The Site constitutes a contractual offer that the Agency Partner may, at its discretion, accept. Acceptance is indicated by sending the Client an Order Confirmation by email.
The Agency Partner maintains the right to decline the provision of Services to businesses related to fossil fuels, harmful chemicals, mining, alcohol, tobacco, cannabis, leather, meat, dairy, fast food industries or any other business practices that are not aligned to the Agency Partner’s ethical standards.
When the Product Order is declined by the Agency Partner for any reason, the User who made the Product Order will be notified in writing by email and Product Fees will be refunded in full. Refunds are processed within 7 working days, using the same payment method that the User used when ordering the Services.
Payment and refund process
When placing the Product Order, the User shall pay the Product Fees on the Site in full in advance. Payments are only accepted by credit cards via Stripe. The Agency Partner will only commence providing the Services once the payment for the Product Fees has been received, an Order Confirmation has been sent, the Agreement has been signed and the Pitch Deck was shared by the Client.
Upon receipt of payment for Product Fees, the Agency Partner will send an itemised invoice to the Client in 3-5 working days. VAT will be included and itemised separately on Agency Partner invoices, where appropriate, at the rate prevailing from time to time.
Upon cancellation the Client shall be responsible to pay the Agency Partner’s remuneration as Product Fees covering the cancelled Services up until the point at which the Client informs the Agency Partner about cancellation, including any third-party charges imposed arising from the cancellation. Such sums will be deducted from any refund, and the Agency Partner will ensure to refund any remaining sum to the Client.
When the Product Order is declined by the Agency Partner for any reason, the User will be notified in writing by email and Product Fees will be refunded in full. Refunds are processed within 7 working days, using the same payment method that the User used when ordering the Services.
Ownership of intellectual property rights and deliverables
All deliverables and related intellectual property rights prepared by the Agency Partner and paid in full by the Client will be the Client’s property.
The Agency Partner will provide and sign an NDA when requested by the Client. As set out in the NDA, the parties may not disclose without the other’s prior written permission any confidential information concerning the other’s business, its business plans, its marketing and sales strategy or its customers, including any concepts, ideas, rates, projections and forecasts.
The Agency Partner will disclose the confidential information only to those subcontractors who need to know that information for the purpose of providing the Services. The Agency Partner will ensure that subcontractors keep the confidential information confidential and not disclose any of the confidential information to any other person (except as specifically permitted elsewhere in the NDA), and not use any of the confidential information for any purpose except for providing the Services (and then only to the extent necessary to perform the Services).
Unless specifically agreed otherwise by the Client and Agency Partner during the Duration, this Agreement shall be in force for the initial term and for the duration of any extension thereof.
The Client may cancel the Agreement at any time before the end of the Duration. To cancel, the Client must notify the Agency Partner in writing by email ([email protected]) within the time period specified.
Upon cancellation the Client shall be responsible to pay the Agency Partner’s remuneration as Product Fees covering the cancelled Services up until the point at which the Client informs the Agency Partner about cancellation, including any third-party charges imposed arising from the cancellation. Such sums will be deducted from any refund, and the Agency Partner will ensure to refund any remaining sum to the Client. Refunds are processed within 7 working days, using the same payment method that the Client used when ordering the Services.
Termination by Agency Partner
The Agency Partner may terminate the Agreement immediately on any one of the following grounds, including the Client’s fraud (or the reasonable suspicion of the Client’s fraud) in any matter connected to entering into or performing the Agreement or material breach of the Agreement by the Client that has not been remedied by the Client within a reasonable time upon the Agency Partner’s request.
If the Agency Partner terminates the Agreement as described in this clause, the Company may keep the Product Fees that have been received from the Client.
The Agency Partner reserves the right to terminate, withdraw or suspend the supply of Services and the Agreement, at any time for any reason, on reasonable notice in writing to the Client. In such a cancellation event, the Agency Partner will refund the Product Fees to the Client after deducting the fees that cover the work until the point of cancellation. Refunds are processed within 7 working days, using the same payment method that the Client used when ordering the Services.
Any notice to be given under or in connection with the Agreement shall be in writing by sending an email to the Client’s email address. Upon the termination of the Agreement and payment by the Client of all items properly chargeable to the Client hereunder, the Agency Partner will give the Client all reasonable co-operation in transferring all output, files and rights to the Client, which were paid for in full by the Client.
Termination by Client
The Client may terminate the Agreement at any time before the end of the Duration. To terminate the Agreement with the Agency Partner before the expiry of the Duration, the Client must provide the Company with written notice by email ([email protected]).
The Client may terminate the Agreement at any time if the Agency Partner commits a serious breach of the Agreement, and fails to remedy the breach within 7 working days of the Client asking the Agency Partner to do so in writing, or if the Agency Partner goes into liquidation.
Upon the termination of the Agreement and payment by the Client of all items properly chargeable to the Client hereunder, the Agency Partner will give the Client all reasonable co-operation in transferring all output, files and rights, which were paid for in full by the Client.
Changes to the Product Fees
From time to time, the Product Fees may be increased by the Agency Partner to reflect changes in inflation, costs of subcontractors, additional taxes or other third-party costs that are not imposed by the Agency Partner. Any such increase in the Product Fees will be updated on The Site and any existing Clients will be notified at least 30 working days before it comes into effect.
The Agency Partner shall effect and maintain with reputable insurers such policy or policies of insurance as may be necessary to cover the Agency Partner’s obligations and liabilities under this Agreement, including, but not limited to, Professional Indemnity Insurance with a limit of not less than £1,000,000 per annum and Public Liability Insurance with a limit of not less than £5,000,000.
No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
Warranties and indemnities
The Client warrants that to the best of its knowledge, information and belief all business information supplied to the Agency Partner will be accurate and not in any way contrary to English law.
The Agency Partner warrants that having taken such legal advice and undertaken such searches as it considers reasonably necessary, to the best of its knowledge and belief any creative work produced by it as part of the Services will be original to its authors, has not been previously published in any form, will not infringe the copyright of any third party and will not contain anything obscene, blasphemous, libellous or otherwise unlawful other than as contained in any legal or other advice provided to it and communicated to the Client.
The Client accepts full legal responsibility in respect of any deliverables approved by it for publication and promotion and will indemnify the Agency Partner in respect of any loss or liability, costs (including legal costs) or damages incurred as a result of any use of the Services and Product.
The Agency Partner warrants that its subcontractors working on the Services are and shall be competent and suitable in every respect, whether as to qualifications, experience or otherwise, to perform the Services.
The Agency Partner will not be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, revenue, business, contract, goodwill, interruption to business, for any loss of business opportunity, for other financial or economic loss or damage; or for any indirect loss or damage arising out of or in connection with the Agreement. The Agency Partner’s total liability to the Client for all other losses arising out of or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be no more than 100% of the total sums paid by the Client under the Agreement in question.
The Client will not without prior written consent of the Agency Partner re-assign, re-sell or in any other way transfer the Services and Product or any of the rights or obligations under the terms of this Agreement.
The Agency Partner will not be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency or circumstances beyond the reasonable control of the Agency Partner, including, without limitation, power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond our reasonable control.
The Client will be informed in writing within 24 hours if any of the above events caused delays, interruption, suspension or cancellation of Services. In case of cancellation, the Agency Partner will refund the Product Fees to the Client after deducting the fees that cover the work until the point of cancellation. Refunds are processed within 7 working days, using the same payment method that the Client used when ordering the Services.
Standards and regulations
The Client and the Agency Partner shall comply with all applicable laws and regulations. The parties will co-operate with each other in ensuring that suitable objective factual product and other information is available as required to satisfy the requirements of any applicable law or regulation.
The Client and the Agency Partner shall ensure that any customer, end-user and partner data supplied to the other party shall comply with the requirements of all legislation in force from time to time including, without limitation, the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”).
The Client may choose to opt out of being contacted by the Agency Partner or receiving marketing emails from the Agency Partner by ticking the opt-out box on the Product Order or by notifying the Agency Partner at any time whilst the Agreement is in force.
Communication from us
You may provide us with your contact details via live chat, by sending us an email, calling us on the phone, by sending text messages or messages via WhatsApp, or when placing a Product Order.
When you opt in for marketing communications, we will use the information you provide in order to contact you regarding our content, Products and Services. We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by us include an unsubscribe link.
During the duration of the contractual relationship between us, we may also collect additional information from you, such as your industry/tech vertical and job function. We may use this information to manage and improve your customer experience with us, and to tailor any follow-up sales and marketing communications with you.
We will continue to send you marketing communications in relation to similar Services if you do not opt out from receiving them. You will always have the ability to opt out of receiving emails from us, which you may do by unsubscribing using the links provided in our emails. If you opt out of receiving emails from us at any time, it may take up to 24 hours for us to comply with your request. During that time, you may continue to receive emails from us.
If we have your contact details, we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, changes regarding The Site or changes to these Terms and Conditions.
The Client and the Agency Partner agree that neither of them will, whether directly or indirectly, solicit or entice away or attempt to solicit or entice away any customers, subcontractors, employees, partners or suppliers of the other party who has worked on the Services or has been involved in the project.
Law and jurisdiction
The Agreement and any contractual agreements between the Client and the Agency Partner (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
To contact us about anything to do with the use of The Site, the Services and Product, please email us at [email protected], use any of the methods provided on our contact page, or use the below details.
We always welcome feedback from Users and Clients and, whilst we endeavour to ensure that your experience with us is a positive one, we want to hear from you if you have any cause for complaint.
Changes to these Terms and Conditions
We may change these Terms and Conditions from time to time. This may be necessary, for example, if the law changes, or if we change our business in any way. Any changes will be immediately posted on The Site and Users will be deemed to have accepted the new terms of the Terms and Conditions on the Users’ first use of The Site following the alterations. We recommend that Users check this page regularly to keep up to date. These Terms and Conditions were last updated on 28th September 2019.