Terms and Conditions for Marketing Services
Last updated: 16th 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.
Marketing Packages: Predefined bundles of marketing services offered under the names Essential, Growth, and Expansion.
FlexiHours: Prepaid blocks of 10 hours for BAU tasks specified in clause 2.4. , purchased in advance to be used within 1 month of purchase.
Customised Marketing Services: Custom marketing services that fall outside of the Marketing Packages or FlexiHours and requires a separate quotation.
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 Rachel Sam Marketing (“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 FlexiHours (minimum 10 hours), which is purchased as prepaid blocks of hours. Additional terms for FlexiHours 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, all services, including Marketing Packages, FlexiHours, and Customised Marketing Services, are delivered as one-off projects.
2.3. Marketing Packages: The specific services included in each package are as described on the Company’s website and will be confirmed in writing before any work begins. Packages may be customised at the Company’s discretion.
2.4. FlexiHours is purchased as a prepaid block of 10 hours. These hours typically cover:
Social media posts (e.g. planning, captions, scheduling).
Blog posts and uploads.
Email newsletter content (creation only).
Website content updates for CMS platforms (e.g. WordPress, Squarespace, Wix).
Reporting and analytics checks.
Any work required outside of these hours will be calculated and billed separately under Customised Marketing Services.
2.5. Customised Marketing Services refers to any services that fall outside of the agreed Marketing Packages or FlexiHours. All Customised Marketing Services will be subject to a separate written quotation, which will set out the scope of services, deliverables, timelines, and fees.
2.6. 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.
2.7. We may work with third-party suppliers to execute parts of your project. We remain responsible for managing such suppliers unless otherwise agreed.
2.8. Some content, copy, or creative work may be generated with the assistance of artificial intelligence (AI). All final deliverables are reviewed and approved by Rachel Sam Marketing before delivery.
2.9. We reserve the right to display non-confidential examples of completed work in our portfolio, website, and marketing materials, unless the Client objects in writing.
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. Full payment is required before any work begins for Marketing Packages, FlexiHours and Customised Marketing Services.
3.3. Payments for Marketing Packages are made online at the time of ordering via the payment methods provided on our website or secure payment link. Payments for Marketing Packages may also be made via bank transfer where agreed.
3.4. FlexiHours can only be purchased via debit card, credit card, payment link or bank transfer.
3.5. FlexiHours hours must be used within 1 month and cannot be rolled over to subsequent months.
3.6. An invoice will be issued for all Customised Marketing Services once the quotation has been accepted. Payment can be made by card or bank transfer. Unless otherwise agreed, payment is due within 14 days of the invoice date. Work will not commence until the invoice is paid in full.
3.7. Any required software, plugin licences, hosting, or other third-party subscription costs are billed separately at cost.
3.8. 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. Cancellations for Marketing Packages and Customised Marketing Services must be submitted in writing by email to the contact@rachelsam.co.uk at least 2 working days’ notice before the project start date.
8.2. Marketing Packages
The Client may cancel a Marketing Package at least 2 working days’ 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.
If cancellation occurs less than 2 working days before the project start date or after work has commenced, all fees are non-refundable.
8.3. FlexiHours
FlexiHours hours are prepaid and non-refundable.
Hours must be used within 1 month and cannot be rolled over.
Refunds for unused hours may be offered only in exceptional circumstances, at the discretion of Rachel Sam Marketing.
8.4. Customised Marketing Services
The Client may cancel Customised Marketing Services at least 2 working days’ 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.
If cancellation occurs less than 2 working days before the project start date or after work has commenced, all fees are non-refundable.
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.
10. Performance Disclaimer
10.1. 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.
10.2. Confidentiality and Non-Disclosure
10.3. Both parties agree to keep all non-public information confidential.
10.4. A formal Non-Disclosure Agreement (“NDA”) will be signed before work begins, which forms part of these Terms.
10.5. We do not work on an exclusive basis and may provide similar services to other clients, provided no confidential information is shared.
10.46. 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. Your Data is held for 12 months from the end of a project.
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 for any project or work order is limited to the total amount paid by you for that project or work order.
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.