Terms of Service
These terms cover your use of this website and, together with your signed proposal or statement of work, the services we provide. If the proposal and these terms ever conflict, the proposal wins.
01 About These Terms#
In short
These terms apply when you use our website or buy our services, and by doing either you accept them.
These terms are between you and Shamrock Marketing (“we”, “us”). By using this website or signing a proposal with us, you agree to them. Your signed proposal or statement of work (SOW) sets out the specific services, fees and timelines, and it takes priority over these terms where they differ.
02 Using Our Website#
In short
Use the site lawfully, and treat its content as general information rather than advice for your business.
You may use this website for lawful purposes only. You must not attempt to disrupt it, gain unauthorised access or copy its content for commercial use without permission.
Articles and guides are general information, not advice for your specific situation. We try to keep content accurate but cannot guarantee it is complete or current. Links to other websites are provided for convenience; we are not responsible for their content.
03 Our Services#
In short
The scope of any service is set by your proposal or SOW, and changes are agreed in writing.
We provide the services described in your proposal or SOW, with reasonable skill and care. Changes to scope, including added channels or deliverables, are agreed in writing and may change the fee.
04 Quotes, Fees and Payment#
In short
Quotes are valid for 30 days, retainers are invoiced monthly in advance and invoices are due within 14 days.
Quotes are valid for 30 days. Retainer fees are invoiced monthly in advance; project fees are invoiced as set out in the proposal, usually 50% on signing and 50% on completion. Invoices are due within 14 days in the currency stated in the proposal.
Advertising spend is paid directly by you to the ad platform unless agreed otherwise. We may charge statutory interest on late payments and pause work on accounts more than 30 days overdue, after giving written notice.
05 Contract Term, Renewal and Cancellation#
In short
Retainers have a minimum term, usually 6 months, then roll monthly and can be ended with 30 days' written notice.
Growth Retainers run for the minimum term in your proposal, usually six months, then continue month to month. Either party may end a rolling retainer with 30 days' written notice. Projects run until the agreed deliverables are complete. Fees for work already done remain payable if a project is cancelled.
06 Client Responsibilities#
In short
You give us timely access, approvals and accurate information, and delays on your side move our deadlines.
- Provide access to the accounts and platforms we need
- Approve work and give feedback within agreed timeframes
- Supply accurate information about your business, products and claims
- Make sure material you give us does not infringe anyone else's rights
07 Intellectual Property#
In short
Once paid for, the deliverables, content and files are yours, and your ad and analytics accounts always stay in your name.
On full payment, ownership of the final deliverables we create for you, including copy, designs, source files and website code, passes to you. Ad accounts, analytics properties and other platforms stay registered to your business throughout.
We keep ownership of our own tools, templates and methods, and may show non-confidential work in our portfolio unless you ask us not to.
08 Third-Party Platforms#
In short
Google, Meta and other platforms set their own rules, and changes they make are outside our control.
Our work depends on platforms such as Google, Meta, LinkedIn and Shopify. Their policies, algorithms and prices can change without notice. We will adapt our work to such changes but are not responsible for their effects or for platform outages.
09 No Guaranteed Results#
In short
We guarantee the work and the reporting, not rankings, coverage or ad performance, because nobody controls those.
We do not guarantee specific rankings, media coverage, traffic, leads or advertising performance. These depend on search engines, journalists, platforms and markets that no agency controls. We commit to doing the agreed work well and reporting honestly on the results.
10 Confidentiality#
In short
We both keep each other's confidential information private, during the engagement and after it ends.
Each party will keep the other's confidential information private and use it only to perform the engagement. This duty continues after the engagement ends. A separate NDA can be signed on request.
11 Data Protection#
In short
We handle personal data as our Privacy Policy describes, and sign a data processing agreement when we process client data.
We process personal data in line with our Privacy Policy. Where we process personal data on your behalf, for example customer lists in your email platform, we act as your processor under a data processing agreement (DPA).
12 Limitation of Liability#
In short
Neither side is liable for indirect losses, and our total liability is capped at the fees paid in the previous 12 months.
Nothing in these terms limits liability for death or personal injury caused by negligence, fraud or anything else that cannot be limited by law. Otherwise, neither party is liable for indirect or consequential loss, or for loss of profit, revenue or data. Our total liability under an engagement is limited to the fees you paid us in the 12 months before the claim.
13 Termination#
In short
Either side can end the contract early for a serious breach that is not fixed within 30 days.
Either party may terminate immediately by written notice if the other commits a material breach that is not remedied within 30 days of notice, or becomes insolvent. On termination, you pay for work done to date, and we hand over all deliverables and access you are entitled to.
14 Governing Law and Jurisdiction#
In short
These terms are governed by the law of England and Wales, and its courts settle any disputes.
These terms and any dispute arising from them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
15 Changes to These Terms#
In short
We may update these terms, and the version in force when you sign a proposal applies to that engagement.
We may update these terms from time to time and will show the new dates at the top of this page. The version in force when you signed your proposal applies to that engagement unless we both agree otherwise in writing.
16 Contact Us#
In short
Email us with any question about these terms.
Questions about these terms: hello@shamrockmarketing.agency.
Questions about this page? Contact Shamrock Marketing.