Terms and Conditions for Marketing Services
Last updated: 10th September 2025
These Terms and Conditions govern the provision of marketing services by Rachel Sam Marketing. By engaging our services or using this website, you agree to be bound by these terms.
Definitions
Services: Marketing services to be provided under this agreement, including strategy, design, copywriting, digital marketing, or consultancy.
Deliverables: Completed work or outputs provided as part of the Services.
SOW (Scope of Work): Written document specifying the Services, deliverables, timelines, and fees.
Flexible Marketing Support: Prepaid blocks of marketing hours, purchased in advance (minimum 10 hours), to be used within the month of purchase.
Client Materials: Any content, logos, images, data, or other materials provided by the Client.
1. Introduction
1.1. These Terms and Conditions (“Terms”) govern the agreement between [Your Business Name] (“we”, “our”, “us”) and the purchaser (“you”, “your”, “the Client”) for the supply of marketing services (“Services”).
1.2. By ticking the acceptance box, making payment, or otherwise instructing us to proceed, you confirm that you have read, understood, and agree to these Terms in full.
1.3. We also offer Flexible Marketing Support (minimum 10 hours), which is purchased as prepaid blocks of hours. Additional terms for Flexible Marketing Support are set out in Clause 8
2. Scope of Services
2.1. The Services to be delivered will be agreed in writing before work begins and confirmed in a written Scope of Work (“SOW”).
2.2. Unless otherwise stated, our packages are delivered as one-off projects. Flexible Marketing Support is purchased as prepaid blocks of hours.
2.3. Where revisions are included, the number and scope will be specified in the agreed SOW. Additional changes will be billed at our standard hourly rate.
2.4. We may work with third-party suppliers to execute parts of your project. We remain responsible for managing such suppliers unless otherwise agreed.
2.5. We reserve the right to display non-confidential examples of completed work in our portfolio, website, and marketing materials.
3. Fees, Payment, and Additional Costs
3.1. All prices are quoted in GBP (£) and exclude VAT, which will be added at the prevailing rate.
3.2. Payments are made online at the time of ordering via the payment methods provided on our website or secure payment link. Payments may also be made via bank transfer where agreed.
3.3. Full payment is required before work begins for One-Off Projects and Flexible Marketing Support.
3.4. The Client may purchase Flexible Marketing Support hours. Flexible Marketing Support hours must be used within 1 month and cannot be rolled over to subsequent months. Flexible Marketing Support hours can be applied to any services provided by Rachel Sam Marketing.
3.5. Any required software, plugin licences, hosting, or other third-party subscription costs are billed separately at cost.
3.6. Late payments may result in suspension of work and may incur interest at 4% above the Bank of England base rate.
4. Ownership and Intellectual Property
4.1. Where full payment is made upfront, ownership of final deliverables transfers to you upon completion of the project.
4.2. All intellectual property rights in third-party materials remain with the original rights holder and are subject to their licence terms.
5. Timeframes and Delivery
5.1. Estimated timelines will be agreed in the SOW, but are indicative only and not guaranteed.
6. Client Responsibilities
6.1. You agree to provide all necessary content, brand assets, and information promptly.
6.2. You warrant that all materials provided are accurate, lawful, and do not infringe the rights of any third party.
6.3. You agree to act in a professional and respectful manner towards our team and any third parties we engage.
6.4. You agree to indemnify us against any claims, damages, or legal fees arising from your breach of these warranties.
7. Revisions and Amendments
7.1. The number of revisions included will be stated in the SOW.
7.2. Additional revisions are chargeable at our standard rates.
8. Cancellations and Termination
8.1. One-Off Projects
The Client may cancel a One-Off Project before the project start date. In this case, any fees paid will be fully refunded, minus any non-recoverable costs incurred by Rachel Sam Marketing.
After the project start date, all fees are non-refundable.
8.2. Flexible Marketing Support
Flexible Marketing Support hours are prepaid and non-refundable.
Hours must be used within the month they are purchased and cannot be rolled over.
Refunds for unused hours may be offered only in exceptional circumstances, at the discretion of Rachel Sam Marketing.
9. Breach of Terms
We reserve the right to suspend or cancel services immediately if the Client breaches these Terms or fails to make payment.
9. Performance Disclaimer
9.1. While we aim to deliver Services to the highest standard, we make no guarantees regarding specific business outcomes such as, but not limited to, revenue increases, client acquisition, online engagement, or search rankings.
10. Confidentiality and Non-Disclosure
10.1. Both parties agree to keep all non-public information confidential.
10.2. A formal Non-Disclosure Agreement (“NDA”) will be signed before work begins, which forms part of these Terms.
10.3. We do not work on an exclusive basis and may provide similar services to other clients, provided no confidential information is shared.
10.4. Electronic Contracting:
If a new Work Order is provided for each project, electronic acceptance (e.g., via email or online form) is sufficient to form a binding contract.
11. Data Protection (GDPR)
11.1. Both parties agree to comply with the UK GDPR and Data Protection Act 2018 in relation to any personal data processed under this agreement.
11.2. We will act as a Data Processor or Controller as required and only use your data for the purposes of providing the Services.
12. Warranties and Costs
12.1. We warrant that we will provide the Services with reasonable care and skill.
12.2. All other warranties, express or implied, are excluded to the fullest extent permitted by law.
12.3. Any costs, including legal or third-party fees arising from the Services, will be paid by the Client unless caused by our negligence.
13. Limitation of Liability
13.1. We will not be liable for any indirect, incidental, or consequential losses.
13.2. Our total liability is limited to the total amount paid by you for the Services.
14. Dispute Resolution
14.1. In the event of a dispute, both parties agree to attempt to resolve the matter amicably in the first instance.
14.2. If no resolution is reached within 14 days, the matter will be referred to mediation before court proceedings are considered.
14.3. These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
15. Force Majeure
15.1. Neither party will be liable for any delay or failure to perform its obligations where such delay or failure is caused by events beyond its reasonable control, including but not limited to natural disasters, acts of government, power failures, or internet outages.
Acceptance
By ticking the acceptance box and making payment, you confirm that you have read, understood, and agree to these Terms and Conditions in full.