Terms of Service

1. Agreement to Terms

By accessing or using our digital marketing services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.

2. Services Description

We provide comprehensive digital marketing services including but not limited to:

• Search Engine Optimization (SEO)
• Social Media Marketing
• Content Marketing and Creation
• Pay-Per-Click (PPC) Advertising
• Email Marketing Campaigns
• Analytics and Reporting

3. User Responsibilities

As a client of our services, you agree to:

• Provide accurate, current, and complete information about your business
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized use of your account
• Provide necessary access to platforms and accounts for service delivery
• Respond to our communications in a timely manner
• Comply with all applicable laws and regulations

4. Payment Terms

Payment terms are as follows:

• Services are billed monthly in advance unless otherwise agreed
• Payment is due within 15 days of invoice date
• Late payments may incur a 1.5% monthly interest charge
• We reserve the right to suspend services for non-payment
• All fees are non-refundable unless otherwise stated in writing

5. Service Level and Performance

While we strive to deliver excellent results, we cannot guarantee specific outcomes such as search engine rankings, traffic volumes, or conversion rates. Digital marketing results depend on numerous factors including competition, market conditions, platform algorithms, and your business offering. We commit to employing industry best practices and providing regular reporting on campaign performance.

6. Intellectual Property

Our IP: All strategies, methodologies, tools, and proprietary processes remain our intellectual property. You receive a non-exclusive, non-transferable license to use deliverables created specifically for your campaigns.

Your IP: You retain all rights to your existing intellectual property, including your brand, logo, and existing content. You grant us a license to use these materials solely for providing the agreed services.

7. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of our engagement. This includes business strategies, financial information, customer data, and campaign details. This obligation continues for 2 years after termination of services.

8. Term and Termination

Service agreements have the following termination terms:

• Either party may terminate with 30 days written notice
• We may terminate immediately for breach of terms or non-payment
• Upon termination, you remain responsible for all fees incurred up to the termination date
• We will provide final reports and transfer access within 14 days of termination
• Early termination fees may apply for contracts with minimum terms

9. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our services. Our total liability shall not exceed the amount paid by you for services in the 12 months preceding the claim.

10. Third-Party Platforms

Our services often involve third-party platforms (Google Ads, Facebook, Instagram, etc.). We are not responsible for changes to these platforms, their policies, algorithms, or any service interruptions. You acknowledge that these platforms have their own terms of service that you must comply with.

11. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your breach of these terms, your use of our services, or any content you provide to us that infringes on third-party rights.

12. Changes to Terms

We reserve the right to modify these terms at any time. We will notify clients of significant changes via email. Your continued use of our services after such modifications constitutes acceptance of the updated terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which our company is registered, without regard to its conflict of law provisions. Any disputes shall be resolved through binding arbitration in accordance with commercial arbitration rules.

14. Contact Information

For questions about these Terms of Service, please contact us at:

• Email: legal@berkusltd.co.uk
• Address: 14 Camden Close, Grange Park, Swindon, United Kingdom, SN5 6BU