Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of the Coolmedia Marketing website and the services we provide. By accessing our website or engaging our services, you agree to be bound by these Terms.

Please read these Terms carefully before using our services. If you do not agree with any part of these Terms, you should not use our website or services.

2. Definitions

• "Company", "We", "Us", "Our": Refers to Coolmedia Marketing
• "Client", "You", "Your": Refers to the individual or entity using our services
• "Services": Refers to all digital marketing services provided by Coolmedia Marketing
• "Agreement": Refers to these Terms and any service-specific agreements
• "Website": Refers to coolmediamarketing.co.uk

3. Services

3.1 Service Description

Coolmedia Marketing provides digital marketing services including but not limited to:

• Search Engine Optimization (SEO)
• Social Media Marketing
• Paid Advertising (PPC)
• Website Design and Development
• Content Creation
• Video Marketing
• Branding Services
• CRM Automation
• LinkedIn Xcellerator
• Director Profiling
• Marketing Consultation

3.2 Service Agreements

Specific services will be detailed in individual service agreements or proposals. These documents will outline the scope of work, deliverables, timelines, and pricing for each project or retainer.

4. Client Responsibilities

As a client, you agree to:

• Provide accurate and complete information necessary for service delivery
• Grant timely access to required accounts, platforms, and materials
• Respond to requests for feedback and approvals within agreed timeframes
• Ensure you have the legal right to use all materials provided to us
• Comply with all applicable laws and regulations
• Make timely payments as per the agreed payment terms
• Maintain confidentiality of any login credentials or sensitive information shared

5. Payment Terms

5.1 Pricing

All prices are quoted in British Pounds (GBP) and are exclusive of VAT unless otherwise stated. Prices are subject to change with 30 days' notice for ongoing services.

5.2 Payment Schedule

• Monthly Retainers: Payable in advance on the 1st of each month
• Project-Based Work: 50% deposit required before work commences, with the balance due upon completion
• Ad Spend Management: Client is responsible for all advertising costs in addition to our management fees

5.3 Late Payments

Invoices are due within 14 days of issue unless otherwise agreed. Late payments may incur interest charges at a rate of 8% per annum above the Bank of England base rate. We reserve the right to suspend services for accounts with overdue payments.

5.4 Refunds

Deposits and monthly retainer fees are non-refundable. In cases of service dissatisfaction, we will work with you to resolve issues before considering any refund requests on a case-by-case basis.

6. Contract Duration and Termination

6.1 Contract Period

Monthly retainer services typically require a minimum commitment period as specified in your service agreement. After the initial period, contracts continue on a rolling monthly basis unless terminated.

6.2 Termination by Client

Clients may terminate services by providing 30 days' written notice. Payment is required for the full notice period. Early termination fees may apply if terminating before the end of the minimum commitment period.

6.3 Termination by Company

We reserve the right to terminate services immediately if:

• Payment terms are not met
• Client breaches these Terms
• Client engages in illegal or unethical activities
• Client provides false or misleading information
• Working relationship becomes untenable

6.4 Post-Termination

Upon termination, we will provide reasonable assistance in transitioning services. All outstanding invoices remain payable. We retain the right to showcase work completed as part of our portfolio unless otherwise agreed in writing.

7. Intellectual Property

7.1 Client Materials

You retain ownership of all materials, content, and intellectual property you provide to us. By providing these materials, you grant us a license to use them for the purpose of delivering our services.

7.2 Deliverables

Upon full payment, you will own the final deliverables created specifically for you (e.g., website designs, custom graphics, written content). We retain ownership of our methodologies, processes, and any pre-existing intellectual property.

7.3 Third-Party Materials

Some deliverables may include third-party elements (stock photos, fonts, plugins) that are licensed rather than owned. You are responsible for maintaining any required licenses for these elements.

7.4 Portfolio Rights

We reserve the right to display completed work in our portfolio, case studies, and marketing materials unless you request confidentiality in writing.

8. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of our business relationship. This obligation continues after termination of services. Exceptions include information that is publicly available or required to be disclosed by law.

9. Warranties and Disclaimers

9.1 Service Warranty

We warrant that our services will be performed with reasonable skill and care in accordance with industry standards. However, we do not guarantee specific results, rankings, traffic levels, or revenue increases.

9.2 No Guarantees

Digital marketing results depend on numerous factors beyond our control, including:

• Search engine algorithm changes
• Market competition and conditions
• Client's industry and business model
• Quality of client-provided materials
• Third-party platform policies and changes

9.3 Third-Party Services

We are not responsible for the performance, availability, or policies of third-party platforms (Google, Facebook, Instagram, etc.) that we use to deliver our services.

10. Limitation of Liability

To the fullest extent permitted by law:

• Our total liability for any claims arising from our services shall not exceed the total fees paid by you in the 12 months preceding the claim
• We shall not be liable for any indirect, consequential, special, or punitive damages
• We are not liable for losses resulting from factors beyond our reasonable control
• We are not responsible for client's failure to backup data or maintain security of their accounts

11. Indemnification

You agree to indemnify and hold harmless Coolmedia Marketing from any claims, damages, or expenses arising from your use of our services, your breach of these Terms, or your violation of any laws or third-party rights.

12. Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond their reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or technical failures.

13. Data Protection and Privacy

We process personal data in accordance with UK GDPR and our Privacy Policy. By using our services, you agree to our data processing practices as outlined in our Privacy Policy.

14. Amendments

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of our services after changes constitutes acceptance of the modified Terms. We will notify clients of material changes via email.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with any service-specific agreements and our Privacy Policy, constitute the entire agreement between you and Coolmedia Marketing regarding our services and supersede all prior agreements and understandings.

18. Contact Information

If you have any questions about these Terms and Conditions, please contact us: