Terms and Conditions
Last updated: 4th April 2024
These Terms and Conditions (“Terms”) govern the services provided by MJA Marketing Ltd (“the Agency,” “we,” “us,” or “our”) to the Client (“you,” “your”). By engaging our services, you agree to be bound by these Terms.
1. General Terms
1.1 These Terms apply to all services offered by the Agency, including outsourced marketing, social media marketing, and graphic design services.
1.2 The Client acknowledges that each service provided is tailored to meet specific business objectives and may involve the use of subcontractors or third-party providers.
2. Services and Scope
2.1 The specific scope of services will be outlined in a separate agreement or proposal provided to the Client and signed prior to the commencement of work.
2.2 The Agency reserves the right to refuse work that falls outside the agreed scope unless a new agreement is negotiated.
2.3 The Client is responsible for providing timely access to any necessary resources, information, and personnel required for the completion of services.
3. Payment Terms
3.1 General Payment Structure
- A 50% upfront payment is required to begin work on all services.
3.2 Graphic Design Services
- The remaining 50% balance is due upon completion of the project, prior to the delivery of final files.
3.3 Outsourced Marketing and Social Media Marketing Services
- The 50% upfront payment serves as an onboarding fee, covering company research, competitor analysis, onboarding onto tools and software, and setting up tracking and analytics systems
- Services are invoiced on a monthly basis.
- In the event of termination, a one-month notice period is required (unless stated otherwise in the clients contract). The upfront onboarding fee will be deducted from the final invoice.
3.4 Payment is due unless otherwise agreed. Late payments may incur a £50 fee for every 10 days that passes.
4. Service Delivery and Timelines
4.1 We will use reasonable efforts to meet agreed deadlines. However, delays caused by factors outside our control (e.g., delayed client feedback, third-party actions) will not constitute a breach of contract.
4.2 Any changes to the scope of work, including additional requests, may impact delivery timelines and costs.
5. Client Responsibilities
5.1 The Client must provide accurate and complete information and resources needed to perform the services.
5.2 The Client must respond to requests for feedback, approvals, and other communications promptly to avoid delays.
5.3 The Client is responsible for the content they provide to the Agency. We are not liable for any copyright, trademark, or other legal issues arising from Client-provided content.
6. Revisions and Approvals
6.1 The number of revisions included in the service will be outlined in the project agreement.
6.2 Additional revisions outside the agreed number may be subject to additional charges.
6.3 Final approval of work must be provided in writing. Once approved, further changes may incur extra costs.
7. Termination and Cancellation
7.1 Either party may terminate the agreement by providing a one-month written notice.
7.2 Upon termination, the Client is responsible for paying all outstanding invoices, including the final invoice with the deduction of the 50% onboarding fee (for outsourced marketing and social media marketing services).
7.3 The Agency reserves the right to terminate services immediately if the Client breaches these Terms or fails to make payments on time.
8. Ownership and Intellectual Property
8.1 The Agency retains ownership of all intellectual property, tools, templates, and methodologies developed during the provision of services.
8.2 Upon full payment, the Client will receive a license to use deliverables for their intended purposes. This license does not grant the Client ownership of the Agency’s proprietary materials.
8.3 The Agency may showcase completed work in its portfolio unless the Client explicitly requests confidentiality in writing.
9. Confidentiality
9.1 Both parties agree to maintain the confidentiality of any proprietary information disclosed during the engagement.
9.2 This obligation does not apply to information that is publicly available, obtained from third parties without confidentiality obligations, or required to be disclosed by law.
10. Limitation of Liability
10.1 The Agency is not liable for indirect, incidental, or consequential damages arising from the services provided.
10.2 Our total liability for any claim related to the services is limited to the amount paid by the Client for the specific service giving rise to the claim.
11. Dispute Resolution
11.1 In the event of a dispute, both parties agree to attempt to resolve the matter through good-faith negotiations.
11.2 If negotiations fail, the dispute will be referred to mediation before resorting to legal proceedings.
12. Governing Law
12.1 These Terms are governed by and construed in accordance with the laws of UK, England.
12.2 Any legal action related to these Terms must be filed in the courts of [Insert Jurisdiction].
13. Amendments
13.1 The Agency reserves the right to amend these Terms at any time. Clients will be notified of significant changes, and continued use of services constitutes acceptance of the updated Terms.
Contact Information
For questions or concerns regarding these Terms, please contact us at:
Marketing by MJA Ltd
Email: getintouch@marketingbymja.co.uk
Phone: 07444070016
Website: https://www.marketingbymja.co.uk/