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
  • 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 month and will automatically renew 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 (Social Media, Search Engine Optimisation & Content Creation)
      1. All invoices must be paid upfront by 28th of the month for the coming month.
    • Project Based
      1. A deposit of 50% is required upfront before any work begins.
      2. The remaining balance will be due on completion basis as specified in the agreement.
      3. Late payments will incur a late fee of [Insert amount or percentage] per day after the due date.
    • Other
      1. 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 bee due had the Services been rendered in accordance with the Order.
  3. Additional Costs
    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.

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 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

  1. 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.
  2. 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.
  3. 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.