Introduction


These Terms and Conditions (“Agreement”) govern the provision of marketing services (“Services”) by [Your Agency Name] (“We”, “Us”, or “Our”) to the client (“You” or “Client”). By engaging our services, You agree to be bound by these Terms and Conditions.


Services Provided


We offer the following services to our Clients:

  • Social Media Management
  • Website Creation and Development
  • Website Hosting
  • Search Engine Optimisation (SEO)
  • Content Creation
  • Digital Marketing Consultancy
  • Blog Management
  • Other related services as agreed between the Client and Us

Service Agreement

  1. Commencement and Duration– Services will commence on the agreed-upon date as specified in the contract or proposal provided to the Client. The minimum length of the contract, unless otherwise specified, will be six months and will automatically renew on a monthly rolling basis unless terminated as per the termination clause below.
  2. Scope of Services – The scope of services will be outlined in a proposal or service agreement provided to You. Any additional services required outside of the agreed scope will need to be requested and may incur additional charges.
  3. Revisions and Changes – Revisions to content, design, or any other elements of the services provided will be limited to a specific number (e.g., 2-3 rounds) as outlined in the contract or service agreement. Additional revisions outside the agreed scope will be billed at an hourly rate.

Fees and Payment Terms

  1. Service Fees – Fees for our services will be outlined in the proposal or service agreement. Unless otherwise expressly stated, all prices shall be in Pounds Sterling.
  2. Payment Terms
    • Campaign Based or Retained Services (Social Media, Search Engine Optimisation & Content Creation)
      • All invoices are sent on 20th of the month and must be paid upfront by 28th of the month for the coming month.
      • Please note that failure to pay for monthly contracts may result in the loss of services until payment has been made, and services cannot be backdated to cover the period of late payment.
    • Project Based
      • A deposit of 50% is required upfront before any work begins.
      • The remaining balance will be due upon completion basis as specified in the agreement.
      • Late payments will incur a late fee per day after the due date.
    • Other
      • In the event that the Services cannot be delivered either in full or in part due to the Client’s failure to assist or delay in assisting in the execution of the order, the Agency shall be entitled to charge the Client an estimated amount, corresponding to the amount that would have been due had the Services been rendered in accordance with the Order.
  3. Payment Methods
    • Payment by Standing Order or BACS/Faster Payment is preferred. Our bank details are on our invoices. We do not accept payment by cheque. Standing order for retained services ensures we do not pause services for late payments.
  4. Additional Costs
  5. Any third-party costs (e.g., paid advertising, stock images, software, hosting, domain registration) will be billed to You in addition to the agreed service fees unless otherwise stated.
  6. Late Payments
    • In the case of pre-advised holidays, where a residential customer is ill or hospitalised, we will, of course, not impose any late payment charges.
    • Escape the Village also works with a credit control agency where issues around late or non-payment are automatically handled after a set period when the client has made no contact to discuss any difficulties or issues.
    • If payment of the invoice or any part thereof is not made by the due date, we may:
      • Cancel the contract or suspend any further provision of the Services to you with immediate effect. Any such period of suspension shall be disregarded for any contractual time limits previously agreed for the completion of the Services.
      • Exercise our statutory right to charge interest at 8% above the Bank of England base rate on late business debts under the provisions in the Late Payments of Commercial Debts (Interest) Act 1998
      • Apply a charge of £10 (to cover administrative expenses and not as a penalty) per reminder for overdue payment submitted to you. We shall be entitled to submit such reminders on a weekly basis once the fees have become overdue.
      • Charge you the costs of recovery of any outstanding amount, including legal costs and disbursements.

 
Client Responsibilities

  1. Provision of Information
    • You agree to provide Us with all the necessary content, access, and information required to perform the services. This includes but is not limited to access to your website, social media accounts, analytics, and hosting platforms.
  2. Deadlines and Timelines
    • You will be responsible for providing the required materials and feedback in a timely manner to ensure We can meet agreed deadlines. Any delays caused by You may result in a delay of project completion or incur additional fees.


Intellectual Property

  1. Ownership of Content
    • Any content, including but not limited to text, images, and graphics, created by Us as part of the services will be owned by You upon receipt of full payment. Until full payment is made, We retain ownership of all content produced.
  2. Use of Third-Party Content
    • If We use any third-party content (e.g., stock images or external plugins), You acknowledge that You may be bound by the licensing agreements of those third-party providers.
  3. Copyright
    • You warrant that any materials provided by You do not infringe on any third-party intellectual property rights.

Website Hosting and Domain Services

  1. Hosting Services
    • If You choose to host your website with Us, We will provide hosting services as specified in the agreement. While We strive to maintain 99% uptime, We are not responsible for service interruptions due to circumstances beyond Our control.
  2. Domain Registration
    • If We assist in registering domains on your behalf, the domain will be registered in your name. You are responsible for maintaining your domain registration and ensuring timely renewal to avoid service disruption.

Termination and Cancellation

  1. Termination by Client
    • You may terminate or pause the contract by providing 30 days’ written notice. Any outstanding payments due for services rendered will still need to be settled prior to termination. In the case where you are on a minimum contract term (Social Media and Search Engine Optimisation for example) the outstanding months of the term will also be due.
  2. Termination by Us
    • We reserve the right to terminate the agreement if You breach any of these terms, fail to make payments, or engage in illegal or unethical practices.
  3. Consequences of Termination
    • Upon termination, You will no longer be entitled to any ongoing services or support from Us. We may, at Our discretion, provide files and content that were created as part of the contract, provided all payments are up to date.

Limitation of Liability

General Liability
We are not liable for any indirect, special, or consequential damages, including but not limited to loss of revenue, loss of data, or loss of reputation, that may arise from the use of Our services.
Service Outcomes
We do not guarantee any specific results from the services provided (e.g., specific rankings in search engine results or specific follower counts on social media). The success of digital marketing campaigns depends on a variety of factors, many of which are beyond Our control.
Data Protection and GDPR Compliance
We are committed to complying with the General Data Protection Regulation (GDPR). We will only process personal data as necessary to provide Our services and in accordance with Our Privacy Policy, which is available [link to privacy policy].

Confidentiality

  1. Confidential Information
    • Both parties agree to keep confidential any information disclosed during the contract that is marked confidential or would reasonably be understood to be confidential.
  2. Non-Disclosure
    • We will not disclose any confidential information or use it for purposes other than to fulfil our obligations under this Agreement.

Force Majeure


We are not liable for any delay or failure to perform Our obligations under this Agreement if such delay is due to circumstances beyond Our control, including but not limited to acts of God, war, strikes, or government restrictions.

Dispute Resolution

  1. Governing Law
    • This Agreement is governed by and construed in accordance with the laws of England and Wales.
  2. Dispute Resolution
    • Any disputes arising from this Agreement will be resolved through good-faith negotiation. If a resolution cannot be reached, the dispute may be escalated to mediation or arbitration as mutually agreed by both parties.

Amendments


We reserve the right to amend these Terms and Conditions from time to time. Any changes will be communicated to You in writing or via email. Your continued use of Our services following any amendments indicates your acceptance of those changes.