Terms of Service

1. Acceptance of Terms

By accessing and using the AdFluence Media website (the "Website") and engaging our services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and AdFluence Media ("Company," "we," "us," or "our"), a digital marketing agency registered in England and Wales.

2. Definitions

For the purposes of this agreement, the following terms shall have the meanings set forth below:

• "Services" refers to all digital marketing, web development, SEO, PPC, social media management, and related services provided by AdFluence Media.
• "Client" refers to any individual or entity that engages our services.
• "Agreement" refers to these Terms of Service and any accompanying service agreements or proposals.
• "Deliverables" refers to any work product, materials, or results created by us for the Client.
• "Confidential Information" refers to any proprietary or sensitive information shared between parties.
• "Intellectual Property" refers to all copyrights, trademarks, patents, trade secrets, and other proprietary rights.

3. Description of Services

AdFluence Media provides comprehensive digital marketing services including but not limited to:

3.1 Digital Development Services

• Website design and development
• E-commerce platform development
• Web hosting and maintenance
• Business email solutions
• Website security and SSL certificates

3.2 Digital Marketing Services

• Search Engine Optimization (SEO)
• Pay-Per-Click (PPC) advertising management
• Social media marketing and management
• Content creation and marketing
• Email marketing campaigns
• Analytics and reporting
• Reputation management

3.3 Service Specifications

Specific services, deliverables, timelines, and pricing will be outlined in individual service agreements or proposals. All services are subject to our standard terms and conditions unless otherwise specified in writing.

4. User Obligations and Responsibilities

As a client of AdFluence Media, you agree to:

4.1 Information and Cooperation

• Provide accurate, complete, and timely information necessary for service delivery
• Respond promptly to requests for feedback, approvals, and materials
• Provide access to necessary accounts, systems, and platforms
• Designate appropriate personnel for project communication

4.2 Content and Materials

• Ensure all provided content is accurate, legal, and does not infringe on third-party rights
• Obtain necessary permissions for use of images, videos, and other media
• Comply with applicable laws and regulations regarding content and advertising
• Review and approve content before publication or implementation

4.3 Prohibited Uses

You agree not to use our services for:

• Illegal activities or content that violates applicable laws
• Promoting hate speech, discrimination, or harmful content
• Spamming or unauthorized marketing practices
• Interfering with our systems or other clients' services
• Activities that could damage our reputation or business

5. Payment Terms and Conditions

5.1 Pricing and Fees

Service fees are as specified in individual service agreements or proposals. All prices are in British Pounds (GBP) and exclude VAT unless otherwise stated.

5.2 Payment Schedule

• Monthly services: Payment due within 30 days of invoice date
• Project-based work: Payment schedule as outlined in service agreement
• Setup fees: Due before service commencement
• Ad spend: Due in advance or as agreed in writing

5.3 Late Payments

Late payments may incur charges of 1.5% per month on outstanding balances. We reserve the right to suspend services for accounts more than 30 days overdue.

5.4 Refunds and Cancellations

Refund policies vary by service type and are outlined in individual service agreements. Generally, completed work and setup fees are non-refundable.

6. Intellectual Property Rights

6.1 Client Materials

You retain ownership of all intellectual property rights in materials you provide to us, including but not limited to logos, trademarks, content, and proprietary information.

6.2 Work Product

Upon full payment, you will own the intellectual property rights to custom deliverables created specifically for you, subject to the following exceptions:

• Pre-existing intellectual property and methodologies
• Third-party licensed materials and software
• General knowledge and techniques gained during service delivery
• Template designs and reusable components

6.3 AdFluence Media Property

We retain ownership of our proprietary methodologies, tools, software, templates, and general approaches to digital marketing, regardless of their use in your project.

6.4 Portfolio Rights

Unless otherwise agreed in writing, we reserve the right to display your project in our portfolio and marketing materials, and to use your company name and logo as a client reference.

7. Confidentiality and Non-Disclosure

Both parties acknowledge that they may have access to certain confidential information of the other party. We agree to:

• Maintain the confidentiality of all client information
• Use confidential information solely for service delivery purposes
• Implement appropriate security measures to protect sensitive data
• Not disclose confidential information to third parties without written consent
• Return or destroy confidential information upon request or agreement termination

This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

8. Limitation of Liability and Disclaimers

8.1 Service Disclaimers

While we strive to deliver high-quality services, we cannot guarantee specific results from our digital marketing efforts. Results depend on various factors including market conditions, competition, budget, and client cooperation.

8.2 Limitation of Liability

Our total liability for any claims related to our services shall not exceed the total amount paid by you for services in the 12 months preceding the claim. We shall not be liable for:

• Indirect, consequential, or incidental damages
• Lost profits, revenue, or business opportunities
• Data loss not caused by our negligence
• Third-party actions or platform changes
• Force majeure events beyond our control

8.3 Digital Marketing Disclaimers

• Search engine rankings cannot be guaranteed
• Social media platform policies may affect campaign performance
• Advertising platforms may change policies or suspend accounts
• Website performance may be affected by hosting providers

9. Termination

9.1 Termination by Client

You may terminate our services with 30 days' written notice. You remain responsible for all charges incurred up to the termination date and any applicable cancellation fees.

9.2 Termination by AdFluence Media

We may terminate services immediately if you:

• Fail to pay invoices within 30 days of due date
• Breach these terms or service agreements
• Engage in prohibited activities
• Provide false or misleading information
• Act in a manner that damages our business or reputation

9.3 Effect of Termination

Upon termination:

• All services will cease on the termination date
• Outstanding invoices become immediately due
• We will provide final reports and deliverables
• Access to our systems and accounts will be revoked
• Confidentiality obligations will survive termination

10. Dispute Resolution

10.1 Informal Resolution

In the event of any dispute, both parties agree to first attempt resolution through good faith negotiations. Please contact us directly to discuss any concerns.

10.2 Formal Dispute Process

If informal resolution fails, disputes will be resolved through:

• Mediation through a mutually agreed mediator
• If mediation fails, binding arbitration under English law
• Arbitration to be conducted in London, United Kingdom
• Each party to bear their own costs unless otherwise awarded

10.3 Exceptions

Either party may seek injunctive relief in court for intellectual property violations or confidentiality breaches without first pursuing arbitration.

11. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of England and Wales. Any disputes that cannot be resolved through arbitration shall be subject to the exclusive jurisdiction of the courts of England and Wales.

If any provision of these terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

12. Changes to Terms of Service

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting on our website. We will notify existing clients of material changes by:

• Email notification to registered clients
• Prominent notice on our website
• Written notice for significant changes affecting existing agreements

Continued use of our services after changes constitutes acceptance of the modified terms.