Contractual Terms

These terms are applicable if you have a paid service contract with us.

Please note that these are our general terms and shared here for example purposes. If a specific contract is signed between us, those terms will supersede these. All other terms and conditions contained in our Legal Hub remain entirely in effect. 

Contracts are a negotiation. These terms are not set in stone and we’d be happy for you to contact us with your own contract for review if you have one. 

You must ensure that all the information you provide to us is complete and accurate. We have the right to terminate our contract if we have inaccurate information that prevents or changes how we offer our services. You must inform us of anything that affects our work with you, including the presence of another third party. 

Under money laundering regulations, we may, at times, require you to provide identification as part of our due diligence checks. We will not be able to provide you with our services if you decline to partake or fail such checks.

Our contract will have one or more deliverables – the works to be done. Changes to these deliverables must be in writing, and we both reserve the right to decline such requests. We take email requests from authorised individuals named in our contract to be legally binding unless otherwise stated. 

You agree not to attribute or hold us to account for your own or a third parties work, including any modification of our own work. 

SEO Services Specific Terms 

Waterdown Media does not guarantee a #1 ranking on any one keyword, or an increase in the volume or positions of the keywords you rank for. Rankings may go up as well as down and Waterdown Media cannot quantify an increase in sales from using our services. 

We are also not responsible for additional costs received as a result of our services, for example, increased hosting costs with increased website traffic. 

PPC Services Specific Terms

Waterdown Media does not take on payment responsibilities for PPC and all PPC is to be billed to our clients directly. 

We will not set your ads to run over your maximum budget allocation determined in our contract. If your ads go over budget this could be because of over-delivery or a change by your team. 

We are not responsible for an increase in costs based on your, or third parties actions in your account. We will not work on a PPC account that has other third parties managing it. If this is not disclosed to us, we have the right to terminate your contract with immediate effect. 

If you terminate our access to your PCC account(s)without prior notice, we have the right to terminate our contract immediately and cannot be held liable for any increase in costs or consequences caused to your PPC account(s) thereafter. 

We cannot guarantee that your PPC adverts will always be live, or the number of clicks you may receive. 

Payment

All payments are to be made in Pound Sterling unless you have our written permission to pay us in another currency. 

Payment is to be provided within 30 days of an invoice being raised. We have the right to terminate our contract if you fail to pay. We also have the right to deny you future services until outstanding invoices are paid. 

If applicable to our contract, late fees are charged at 5% plus Bank of England base rate. 

Refunds Policy 

Social Media Management

As this is a digital service, we’re unable to offer refunds on works done. You may cancel your contract with us at any time. On cancellation, we will stop work immediately and bill up to that point, waiving the cost detailed in the contract. There are no cancellation fees. 

Blog Posts

We accept payment on delivery for blog posts so if you’re unhappy for any reason with the work done you may request a revision. You have the right to decline payment if you’re unsatisfied with the work. 

By declining payment, you agree that you will not be transferred any rights to the work and acknowledge we may reuse the blog for ourselves or another client providing it does not infringe on your intellectual property rights. 

Our blog posts are sold “as is” which means we do not issue refunds after you have purchased them. 

One-off tasks

Please refer to the specific terms contained in our contract. 

Monthly-fee contracts

When contracts are on a pay-monthly basis you have the right to cancel your contract without penalty at the end of the month within the notice included in your contract. 

If you choose to terminate immediately, you may be liable to pay a percentage of that month’s fee as detailed in our contract.

Digital Downloads & Courses 

This applies if you have purchased and have downloaded or have been provided with digital assets from us or an online course from us. 

If you’re not completely satisfied with your download you may ask us for a refund for any reason. Please send us an email to [email protected] with proof of purchase (such as your invoice) and a refund will be issued back to the original payment method within 5 working days. 

Termination

Either party may terminate the contract as per the notice period in our signed contract. 

If we terminate your contract, you will not be charged. However, if you terminate our contract without notice, we may raise a final invoice equivalent to the works done until that point. 

Immediate Termination

Without prejudice to other rights, either of us may terminate our contract if any of the following are true.

You fail to provide payment on the due date or threaten not to provide payment. 

You prohibit us or make it difficult to carry out the deliverables for factors not known at the time fo the contract being signed. This includes but is not limited to, a third-party working alongside us or a change of a password.

There is a breach of any clause of our contract. 

All other rights and liabilities will continue including any provision stated to survive such terminations. 

Warranty 

Your use of this website and any products or services, including our advice entirely at your own risk as our services are provided on an “as is” basis. We do not imply, or expressly give any warranties on our website and our products and services including but not limited to fitness for purpose and merchantability. 

Exclusion of liabilities

These terms apply to the maximum extent permitted under English law. 

We are not liable for a direct or indirect loss of profit, business, goodwill or any consequences whatsoever, howsoever, which arise out of our contract, or in connection to our services.

You agree to indemnify and hold harmless Waterdown Media, our directors, joint venture partners, employees, contractors, agents or anyone affiliated with the company against claims of losses, liabilities, damages or otherwise arising from your use of the website our products or services, or your reliance on our opinions notwithstanding any negligence, breach of contract or other theories of liability. None of your consumer or statutory rights are affected. 

You are responsible for having the necessary insurance to cover any damages, loss or otherwise you may experience from the provision or non provision of our services. 

We will perform our services with reasonable skill and care. Our liability for any loss suffered with you will be limited to the contractual value of the goods. 

Confidentiality 

We may disclose to each other certain confidential information when we provide you services. We both agree not to disseminate this to any third party without prior written consent unless legally obligated by an enforcement body to do so.

Confidential information is any information not publicly accessible be it commercial, financial, technical, or otherwise exchanged between us.

You will retain full rights to your intellectual property at all times. We will only use your intellectual property in our portfolio with your permission. We will not use it for any other purpose or give it to a third party.

Force majeure

We reserve the right to defer the start date of our contract or cancel it entirely if we are prevented from, or delayed in carrying out our business due to circumstances beyond our reasonable control including but not limited to Acts of God or government actions

Severability

If any term in these Terms and Conditions is held to be unenforceable under applicable law, all other terms will remain in full force and effect. 

Governing Law

All matters relating or arising to this Agreement shall be governed under English law and you agree to submit to the exclusive jurisdiction of the English courts for that purpose. 

These terms are subject to change at any time without prior notice with you. Where there is a conflict between the terms contained in our contract and these terms, the contractual terms signed by both of us will superseded these ones. 

If we need to update the terms and conditions of our specific contract, we will give you sufficient notice determined by the termination time. You will have the option to decline the contract or accept the revised terms at that point. 

Text Notes:

In this Agreement words importing the singular number include the plural and vice versa; words importing the masculine gender include the feminine and neuter genders. The word “you” or “person” includes an individual, body corporate, partnership, trustee or trust or unincorporated association, executor, administrator or legal representative.

This text is used for example purposes to show you the terms in our contract and may change without notice. Always refer to the specific terms and conditions in our signed contract to those in effect, and enforced by us.