Terms and Conditions admin August 24, 2023
Terms and Conditions
  1. Please read these Terms and Conditions (“Agreement”) carefully before using the services provided by No Name Digital Limited (“Agency” or “The Company”). This Agreement sets forth the legally binding terms and conditions for the use of the Agency’s digital marketing services, including, but not limited to, Content Creation, Social Media Marketing, Social Media Management, Website Development, Search Engine Optimisation, Digital Printing and Influencer Marketing Services.
  2. By making payment for the goods/services mentioned in an invoice, the client acknowledges and agrees to abide by the terms and conditions outlined on our website [www.nonamedigital.co.uk]. The client further confirms that they have thoroughly reviewed and understood the terms and conditions.
Acceptance of Terms
  1. By using our services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, please do not use our services.
Scope of Services
  1. The Agency provides digital marketing services including, but not limited to, content creation, paid ads, social ads, podcast studio hire, social media management, website development, SEO, printing and influencer marketing services. The specifics of the services will be outlined in a separate agreement or proposal between the Agency and the client.
Client Obligations
  1. The client agrees to provide accurate and complete information necessary for the execution of the services. It is the client’s responsibility to ensure that any content, materials, or information provided to the Agency for use in the services are legal, accurate, and do not infringe upon any third-party rights.
Fees and Payments
  1. The client shall pay the fees, plus VAT, as outlined in a separate agreement or proposal. This includes but not limited to verbal and written agreements. All fees and are non-refundable unless otherwise stated. All deposits are strictly non-refundable. The client shall make payments in the manner specified by the Agency. Failure to make timely payments may result in the suspension or termination of services.
Intellectual Property
  1. Any intellectual property rights associated with the services provided by the Agency shall remain the property of the Agency or its licensors. The client shall not use, reproduce, modify, or distribute any materials or content provided by the Agency without obtaining prior written consent. The intellectual property can be shared with the client if agreed in writing, mutually.
Confidentiality
  1. The client acknowledges that during the engagement, confidential information may be disclosed by either party. Both parties agree to maintain the confidentiality of any proprietary or confidential information received and not to disclose it to third parties without the written consent of the disclosing party.
Limitation of Liability
  1. The Agency shall not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to the use of the services provided. The client acknowledges that the Agency’s liability is limited to the amount paid by the client for the services.
  2. The Agency shall exercise reasonable care and take necessary precautions to ensure the safekeeping and preservation of client content. However, the client acknowledges and agrees that the Agency shall not be liable for any loss, damage, or destruction of client content, wrong information placed on to the clients platforms or website, or any unperformed works, including but not limited to data, materials, or intellectual property provided by the client.
  3. In the event of any loss of content or unperformed works, the Agency, at its sole discretion, may provide a refund up to the amount paid by the client for the specific service or deliverable that was affected. The refund, if applicable, shall be the sole remedy available to the client.
  4. The client agrees that the Agency’s liability for any loss of content or unperformed works, whether due to negligence, technical failures, or any other cause, shall be limited to the refund described above. The client further agrees that this limitation of liability is fair and reasonable given the nature of digital marketing services and the inherent risks associated with the storage and management of digital content.
  5. The client is responsible for maintaining their own backup copies of any content or materials provided to the Agency. The Agency shall not be liable for any loss, damage, or corruption of client content or unperformed works beyond the refund described above.
  6. By engaging the Agency’s services, the client acknowledges and agrees to the limitations of liability outlined in this clause regarding any loss of content or unperformed works.
Third-Party Providers
  1. The Agency reserves the right to engage and utilise the services of third-party companies or providers to assist in the execution of the services outlined in this Agreement. The client acknowledges that the Agency may, at its discretion, delegate certain tasks or responsibilities to these third-party providers while ensuring that the works will still be performed in accordance with what was agreed between the clients and the Agency.
  2. The Agency will exercise reasonable care and diligence in selecting and managing third-party providers, but shall not be held liable for any actions, omissions, or damages caused by these providers. The client agrees that any agreements or engagements with third-party providers shall be governed by separate terms and conditions between the client and the respective provider.
  3. The Agency will make reasonable efforts to inform the client of any involvement of third-party providers and will ensure that any third-party engagement aligns with the agreed-upon scope and quality standards of the services. However, the client acknowledges that the Agency’s ability to pass on responsibility to a third party may be necessary for the effective and timely delivery of the services.
  4. The client’s rights, obligations, and remedies under this Agreement shall remain unaffected by the involvement of third-party providers, and the Agency shall remain responsible for the overall management and coordination of the services provided.
  5. By accepting these Terms and Conditions, the client acknowledges and agrees to the Agency’s ability to involve third-party providers in the execution of the services as described above.
Termination
  1. Either party may terminate the services provided under this Agreement upon written notice to the other party. In the event of termination, the client shall pay for any services provided up to the termination date.
Governing Law and Jurisdiction
  1. This Agreement shall be governed by and construed in accordance with the laws of England, United Kingdom. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England, United Kingdom.
  2. The Agency is not a legal firm, and any information provided regarding legal compliance in marketing is not legal advice. The Client should seek independent legal counsel for any legal concerns related to their marketing implementations.
Modifications

The Agency reserves the right to modify or amend this Agreement at any time. Any changes will be effective upon posting of the updated Agreement on the Agency’s website or other communication channels. It is the client’s responsibility to review this Agreement periodically for any updates.

By using our services, you agree to be bound by the most current version of this Agreement.

If you have any questions or concerns about these Terms and Conditions, please contact us via email, telephone or post.

By using our services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

Use of Artificial Intelligence
  1. We may utilise artificial intelligence (AI) technologies as part of its digital marketing services. The use of AI may include, but is not limited to, data analysis, predictive analytics, automated content creation, and optimisation algorithms. By engaging with us for digital marketing services, the client acknowledges and consents to the incorporation of AI tools and technologies in the delivery of services. We will ensure that any use of AI adheres to ethical standards and privacy regulations, and the client’s sensitive information will be handled with utmost confidentiality. The client understands that the integration of AI is aimed at enhancing the efficiency and effectiveness of the services provided by us.
Content Creation Marketing or Services
  1. We retain full creative control over all projects undertaken. Subject to our discretion, we agree to work in line with any written agreements regarding creative styles or storyboards.
  2. Upon project completion, the client is entitled to one round of revisions. If an invoice covers multiple projects, the client is allowed one round of revisions per project, provided all revisions are submitted at the same time. Additional revisions beyond the agreed round may result in extra charges.
  3. Content will not be provided to the client until full payment for the associated invoice is received. We have the right to select personnel for content days, shoots and to make editing decisions.
  4. We may experience delays for specific shoots due to circumstances beyond its control, including but not limited to travel restrictions.
  5. A 70% deposit is required before any work commences. Payments must be made within seven days from the date of the invoice. Late payments may incur additional fees or interest.
  6. We retain ownership of all intellectual property rights until full payment is received. After full payment, the intellectual property can be shared with the client if agreed in writing, mutually. We reserve the right to use the completed work for promotional purposes.
  7. We are not liable for delays or failure to perform due to circumstances beyond its control.
  8. The client is responsible for claims, losses, or damages arising from the use of the content.
Social Media Management
  1. The client acknowledges and understands that the Agency’s expertise and experience play a crucial role in determining the most effective timing and strategy for content production and release.
  2. The Agency will make reasonable efforts to consult and collaborate with the client regarding content creation and release schedules. However, the final decision regarding the timing and release of content shall ultimately rest with the Agency, unless otherwise expressly agreed in writing between the Agency and the client.
  3. The Agency will endeavour to adhere to any agreed-upon deadlines and milestones for content creation and release. However, the client acknowledges that unforeseen circumstances or factors beyond the Agency’s control may necessitate adjustments to the schedules. The client agrees to exercise reasonable flexibility and understanding in such cases.
  4. The client further acknowledges that the Agency’s discretion regarding content creation and release is based on industry best practices, market conditions, and the strategic goals of the client’s digital marketing campaigns. The Agency will employ its professional judgment and expertise to ensure that the content is delivered in a timely and effective manner.
  5. By engaging the Agency’s services, the client acknowledges and agrees to grant the Agency full discretion regarding the timing of content creation and release unless otherwise explicitly agreed upon in writing between the Agency and the client.
  6. Upon completion and delivery of content creation services, the client is entitled to two rounds of revisions for the entire set of services provided within a single invoice. In the event that an invoice encompasses multiple content creation services, the two rounds of revisions shall apply collectively to all services listed on the invoice. Individual rounds of revisions per service within the same invoice are not permitted. Any additional revisions beyond the specified limit may be subject to extra charges at our discretion
Paid ADs and Lead Generation
  1. No Name Digital will provide paid ads marketing services as outlined in the agreement between the parties. The scope of work may include paid social, PPC and paid search. It is the client responsibility to provide necessary access, materials or information required for the successful execution of the paid ads campaign.
  2. Any adjustments to the budget must be mutually agreed upon in writing. Unless otherwise specific, all invoice fees payable are for the management of paid ad services only and do not include the ad spend itself.
  3. We will make reasonable efforts to optimise campaign performance, but specific results are not guaranteed.
  4. We will not be liable for any technological changes that affect the outcome of your results. Nor will we be liable for any losses or damages incurred by the client due to the strategies we use to perform our services. Every agency may adopt a different strategy.
  5. The client agrees to indemnify No Name Digital against any claims or liabilities arising from the content or performance of the paid ads campaign.
Search Engine Optimisation
  1. We will provide SEO services to improve the online visibility and search engine rankings of the client’s website. The scope of SEO services include on-page optimisation, off-page optimisation, keyword research, and any other relevant activities that will be outlines in writing between the client and us.
  2. The cllient is responsible for providing access to the website, necessary information, and collaboration for content creation and optimisation.
  3. Note that SEO results may vary and are subject to the algorithms of search engines. We will make reasonable efforts to optimise campaign performance, but specific results are not guaranteed.
  4. Late payments may result in the suspension or termination of services.
  5. Any SEO strategies, optimization techniques, and related work developed by us are the intellectual property of the agency.
  6. We are not liable for delays or failure to perform due to circumstances beyond its control, such as natural disasters or technological failures.
  7. The client agrees to indemnify No Name Digital against any claims or liabilities arising from the SEO services provided.
Raw Files
  1. Notwithstanding any other provisions in this agreement, we shall not provide raw or unedited video/audio clips to the client for any projects. All deliverables shall be in the final edited format as agreed upon by both parties, in line with this agreement.
Website Creation Services
  1. The Agency will provide the Client with professional website creation services as outlined in the agreed-upon project scope. Any additional services requested by the Client not specified in the project scope may incur additional charges, subject to mutual agreement. The Client agrees to provide all necessary information, materials, and feedback required for the timely and efficient completion of the project. Delays caused by the Client’s failure to meet obligations outlined above may result in project timeline extensions and additional fees.
  2. All website development projects will incur a 70% deposit payable before any works are started and the remainder upon completion.
  3. The Client agrees to pay the Agency in accordance with the agreed-upon payment schedule. Failure to make timely payments may result in project delays or suspension until outstanding payments are received. The Agency retains the intellectual property rights to all custom code, designs, and elements created during the project until full payment is received. Upon receipt of full payment, the Agency grants the Client a non-exclusive license to use the completed website.
  4. The Agency shall not be liable for any loss, damage, or expense incurred by the Client or any third party arising from the use or inability to use the website or services. The Agency’s liability for any claims arising under this Agreement, whether in contract, tort, or otherwise, shall be limited to the total fees paid by the Client for the Services. The Client agrees to indemnify and hold the Agency harmless from any claims, liabilities, damages, or expenses arising out of the use of the website or Services.
  5. The Agency is not responsible for verifying the accuracy of information provided by the Client for use on the website. The Client is solely responsible for ensuring the accuracy and legality of all content provided for the website. This includes, but not limited to cookies policy and terms and conditions. The Agency is not a legal firm, and any information, terms, and conditions provided for the Client’s website are not legal advice. The Client acknowledges that they should seek independent legal counsel for the review and approval of any legal content, terms, or conditions provided by the Agency.
  6. The client shall be entitled to a total of two rounds of revisions, included within their paid fee/invoice. The first round of revisions will take please once the structure of the website has been created. The second round will take place after the content has been implemented. Any additional revisions beyond this limit may be subject to additional charges at our discretion. It is the responsibility of the client to provide clear and comprehensive feedback during each revision round to facilitate an efficient and satisfactory process. If the client exhausts their revisions and do not adhere to any extra money payable for further revisions, this will deem the project as complete.
  7. We may build the website on our own hosting server. After which, once development has been completed, you will need to purchase your own hosting or use our hosting at an additional rate from £35 per month.
  8. If the client has purchased the domain name you must be able to manage the DNS settings and repoint the ‘A’ and ‘WWW’ records to our web server IP address which will be provided to you. If you require assistance to do this there will be an admin charge applied. We cannot accept responsibility for failure to repoint the domain name or being unable to work with your chosen domain host.
  9. Website migration. Should you wish to terminate a hosting agreement it must be provided in writing in accordance with these Terms.
  10. Migration of a hosted website to an alternative host provider will incur an admin fee for preparing files and backups of the database which will be supplied on disc. It must be noted that we cannot be held responsible for installing a website on a third party server and / or ensuring the website works on a third party server.
  11. Sites that we build are editable within the design, character limits and some restrictions will be in place to avoid the design ‘breaking’ when content changes. For all websites with Content Management Systems hosted with us, editor access will be granted to the website. Requests for administrator or FTP access will be denied in all circumstances. Clients will not be given admin access, if this is a requirement then the website must be on a dedicated server and a different pricing structure will be applicable.
  12. We maintain the right to refuse any material which may be deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or in any breach of confidence, copyright, privacy or any other right or in any way thought to be unsuitable for reproduction. We accept no responsibility for the content of a client’s website or printed material.
  13. The client acknowledges and agrees that No Name Digital is not liable for any increases in costs, renewals, or similar expenses associated with third-party plugins, themes, or other add-ons used in the development of the website. It is the responsibility of the client to manage and cover any such expenses that may arise after the completion of the website development.
  14. All of our website development services do not include the purchasing of website domains. You will be responsible for all domain purchases.
Sharing of Client Content for Work Completion
  1. The client acknowledges and agrees that, to complete the requested services effectively, the Agency may need to share client content with individuals within or outside of the company. This may include employees, contractors, or third-party providers who are directly involved in the execution of the work in question.
  2. The Agency will exercise reasonable precautions to ensure the confidentiality and privacy of client content. Any sharing of client content will be limited to the extent necessary for the completion of the requested services. The individuals involved in handling client content will be bound by confidentiality obligations and shall use the content solely for the purpose of performing the agreed-upon services.
  3. The client acknowledges that certain tasks or aspects of the services may require specialised expertise or resources that are not available solely within the Agency. In such cases, the Agency may engage external individuals or companies, subject to confidentiality agreements, to assist in completing the work in question. The client agrees to grant the Agency permission to share client content with such individuals or companies, as required, to fulfil the agreed-upon services.
  4. The Agency shall remain responsible for ensuring that any individuals or companies involved in handling client content adhere to appropriate data protection and privacy standards.
  5. By engaging the Agency’s services, the client acknowledges and agrees to the sharing of client content as outlined in this clause for the purpose of completing the work in question.
Use of Client Work for Promotional Purposes
  1. The client acknowledges and agrees that, unless otherwise agreed upon in writing, the Agency may use any work created for the client, including but not limited to content, designs, graphics, or other deliverables, for promotional purposes. This may include showcasing the work on the Agency’s website, social media platforms, portfolio, or other promotional materials to demonstrate the quality and range of services provided.
  2. The Agency may also reference the client’s name, logo, or branding in its promotional materials to indicate that the client has engaged the Agency’s services, unless otherwise instructed in writing by the client.
  3. The client grants the Agency a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute the client work for promotional purposes. The Agency shall exercise reasonable care in ensuring that the client work is presented in a professional manner and in alignment with the client’s branding and image.
  4. If the client has any concerns or objections regarding the use of specific work for promotional purposes, they must notify the Agency in writing within a reasonable timeframe. The Agency will make commercially reasonable efforts to accommodate such requests, provided they do not conflict with the Agency’s legitimate interests.
  5. By engaging the Agency’s services, the client acknowledges and agrees to grant the Agency the rights and permissions outlined in this clause for the use of client work for promotional purposes.
  6. Please note that it is advisable to consult with a legal professional to ensure that the Terms and Conditions adequately protect your interests and comply with the laws and regulations of your jurisdiction.
Industry Compliance
  1. While No Name Digital strives to create content that aligns with industry standards and compliance requirements, we cannot assume liability for any potential deviations from regulatory guidelines, including but not limited to those set by the Financial Conduct Authority, legal frameworks, or other industry-specific compliance standards.
  2. We will provide clients with an opportunity to review and approve all works before it is released or made live. It is the responsibility of the client to ensure that the content complies with their industry regulations.
  3. We disclaim any liability for consequences arising from content that may not adhere to industry compliance standards, as approved by the client. By engaging our services, clients acknowledge their role in ensuring compliance with applicable regulations and absolve No Name Digital Ltd of any associated liability.
Removal or Deletion of Past Raw Content
  1. The Agency reserves the right, under its discretion, to remove or delete any past raw content provided by the client after the completion of the agreed-upon services outlined in this Agreement. Once the work has been performed and delivered to the client, the Agency may, at its sole discretion, remove or delete any raw content that is no longer necessary for the maintenance or ongoing support of the delivered work.
  2. The client acknowledges that the removal or deletion of past raw content does not impact the deliverables or completed work provided to the client under this Agreement. The Agency shall retain any final deliverables, completed projects, or necessary materials required for ongoing support or future modifications, as outlined in the separate agreement or proposal.
  3. The Agency will exercise reasonable care in determining when and which past raw content is removed or deleted, considering factors such as data storage limitations, data security, and overall operational efficiency. The removal or deletion of past raw content shall not affect the rights or obligations of the client under this Agreement, nor shall it impact the availability or functionality of the completed work.
  4. By engaging the Agency’s services, the client acknowledges and agrees that the Agency may remove or delete past raw content under its discretion, as long as the work agreed upon in this Agreement has been performed and delivered to the client.
Invoices, Retainers & Termination
  1. No Name Digital reserves the right to terminate the retainer agreement or cease providing services to the Client at any time and for any reason. In the event of termination, the Client will only be invoiced for the services rendered up to the termination date, and any future works or services will be invoiced separately.
  2. Monthly invoices will strictly cover the services stipulated in the agreement for the respective month. No invoice shall be construed as a commitment for future services beyond the specified billing period. No Name Digital retains the sole discretion to decide whether to continue or discontinue services to the Client.
  3. Upon termination, the Client agrees to settle any outstanding invoices within the agreed-upon payment terms. No Name Digital shall not be liable for any losses, damages, or expenses incurred by the Client as a result of the termination of services or retainer agreement.
Legal Compliance Disclaimer
  1. We shall not be held liable for any failure on the part of the user or any third party to comply with applicable laws, regulations, or legal requirements related to the use of our services. It is the sole responsibility of the user to ensure that they adhere to all relevant laws and regulations governing their use of our services. We make no representations or warranties regarding the legal compliance of its services with the laws of any jurisdiction and users are encouraged to seek legal advice to determine the extent of their obligations and responsibilities.
Complaints Procedure

We are committed to providing a high quality legal service to all our clients. When something goes wrong we need you to tell us about it. This will help us to improve our standards. If you have a complaint, write to us with the details. The following will then happen:

We will send you a letter acknowledging your complaint and asking you to confirm or explain the details set out. We will also let you know the name of the person who will be dealing with your complaint. You can expect to receive our letter within three days of us receiving your complaint.

We will record your complaint in our central register and open a separate file for your complaint. We will do this within a week of receiving your complaint.

We will acknowledge your reply to our acknowledgement letter and confirm what will happen next. You can expect to hear from us within three days of your reply.

We will then start to investigate your complaint. This will normally involve the following steps:

  • We will pass your complaint to Jaisin Patel, our Complaints Handling Director, within 3 days.
  • He will ask the member of staff who acted for you to reply to your complaint within 5 days.
  • He will then examine the reply and the information in your complaint file. If necessary, he may also speak to them. This will take up to 3 days from receiving the reply and the file.
  • Mr Patel may then invite you to meet or speak to them and discuss and we hope, resolve your complaint. He will do this within 3 days.
  • At this stage, if you are still not satisfied you can write to us again. We will then arrange to review our decision.
  • We will let you know the result of the review within 5 days of the end of the review.
Trust & Confidence
  1. We appreciate your trust in No Name Digital Limited and the opportunity to provide you with our services. By engaging our services, you acknowledge that you have read, understood, and agreed to abide by the terms and conditions outlined in this agreement.
  2. At our agency, we are committed to delivering high-quality content creation, social media marketing, social media management, website development, SEO, printing, and influencer marketing services. We strive to exceed your expectations and work diligently to achieve your digital marketing goals.
  3. While we make every effort to ensure the success and effectiveness of our services, we understand that challenges may arise along the way. We are dedicated to open and transparent communication, actively collaborating with you to address any concerns and find suitable solutions.
  4. Please note that these terms and conditions are subject to change and update. We will notify you of any significant changes and seek your consent where required.
  5. We value our relationship with you and aim to foster a long-lasting partnership built on mutual trust and respect. Our goal is to help you achieve your digital marketing objectives and contribute to your business growth.
  6. If you have any questions or require further clarification about these terms and conditions, please don’t hesitate to contact us. We are here to assist you and provide the necessary guidance.
  7. Thank you for choosing our digital marketing agency. We look forward to working together and creating impactful marketing campaigns that drive results for your business.

 

Sincerely,

No Name Digital Limited