Terms of Service
Last Updated: 27/October/2024
These Terms of Service ("Terms") outline the agreement between Aaron Stiff, trading as Bury St Edmunds Marketing ("Service Provider") and the Client ("Client"). By purchasing a tiered package, custom package, or booking a consultation with Aaron Stiff, trading as Bury St Edmunds Marketing, the Client agrees to the following terms and conditions.
1. Services Provided
The Service Provider agrees to deliver marketing services based on the purchased tier package (Bronze, Silver, or Gold), a custom package as specifically outlined in the Client’s contract, or a paid consultation booked via the website.
Services may include, but are not limited to, email marketing, social media management, SEO, content creation, paid ad management, performance reporting, and consultations as outlined in each tier or customised package.
2. Consultations
Free Initial 30-Minute Consultation:
Provides a high-level overview of services to help the Client understand potential marketing solutions.
No obligation or specific strategy will be provided during this session.
60-Minute Paid Consultation:
Designed for an in-depth discussion of the Client’s marketing strategy, with insights and recommendations for enhancing marketing efficiency.
Fee: The consultation fee is currently advertised at £60, subject to change. At times, discounts or promotional rates may be applied; however, Clients who booked and received services at a higher rate will not be entitled to a refund or rate adjustment.
3. Customisation and Scope
Customisation within a tier, custom package, or consultation may be agreed upon; however, requests outside the agreed scope may incur additional charges.
Any changes to the scope of work must be confirmed in writing and agreed upon by both parties; additional contract terms may apply where relevant.
4. Pricing, Payment Terms, and Subscription Renewals
Subscription Fee: The Client agrees to pay the subscription fee for the selected tier or custom package on a monthly basis.
For purchases made directly via the website, payment processing is managed by Squarespace, with billing dates determined by their schedule.
If a separate contract is arranged outside of Squarespace, payment will be due on the 25th of each month. For one-off projects, payment in full may be required upfront, as specified in a separate contractual agreement.
Currency and Payment Terms: All fees and payments are specified in GBP (£). Clients are required to pay the amount in GBP, regardless of their location.
Fee Adjustments: Fees may increase at the end of a contracted period, subject to mutual agreement. Upon contract expiry, subscriptions may roll over to a monthly basis, requiring 30 days’ written notice for cancellation, or as managed via the website as allowed by Squarespace.
Discounts and Promotional Rates: Occasionally, discounts or promotional rates (e.g., Black Friday) may be offered. These discounts apply only to new purchases at the time of promotion and do not entitle any ongoing or prior Clients to a refund or adjusted rate for services already rendered or currently underway.
Consultation Fee: Due at booking for paid consultations.
Late Fees: Late payments may incur a 5% fee.
5. Term and Renewal
The initial term of the service will be determined by the subscription package (monthly, annual, or custom).
Subscriptions automatically renew at the end of the agreed term unless terminated by either party with 30 days' written notice or as managed via the website under Squarespace’s subscription management options.
If a Client has taken out a subscription at a reduced rate (e.g., a 6-month subscription at a 10% discount or a 12-month subscription at a 15% discount), they may not terminate the subscription early without incurring the full cost of the remaining term. In the event of early termination, the Client must pay the full, undiscounted rate for any remaining months.
6. Confidentiality
Both parties agree to keep confidential any proprietary information, strategies, and documents disclosed during the service or consultations. This confidentiality remains in effect indefinitely.
7. Intellectual Property
During the term of the agreement, the Client is granted a non-exclusive right to use images, copy, and other created materials provided by Aaron Stiff, trading as Bury St Edmunds Marketing.
Upon termination of the working relationship, the Client may continue to use only those materials that were provided during the term of the agreement.
Long-term strategies, future posts, or any content shared in good faith with the intention of an ongoing relationship or for planning future marketing activities remain the intellectual property of Aaron Stiff, trading as Bury St Edmunds Marketing. The Client agrees not to use or implement these strategies or materials after the termination of the agreement, as they remain the exclusive property of the Service Provider.
8. Limitations of Liability
To the fullest extent permitted by law, the Service Provider’s liability for any claims arising from this agreement is limited to zero, including any indirect, incidental, or consequential damages.
No claims shall be valid except in cases of proven gross negligence or willful misconduct by the Service Provider.
The Client agrees that the Service Provider shall not be liable for any loss of business, profits, or data resulting from the services provided.
9. Termination of Services
Either party may terminate the service with 30 days' written notice, except in cases where the Client has taken out a discounted subscription plan, as outlined in Section 5.
Upon termination, any outstanding payments are due immediately. Services rendered up to the termination date will be charged on a pro-rata basis.
10. Data Protection, Privacy, and GDPR Compliance
Use of Cookies and Analytics: Bury St Edmunds Marketing uses cookies and similar tracking technologies on its website to improve user experience and analyse website performance. By using the website, Clients agree to the use of cookies as described in the website’s Cookie Policy.
Data Collection and Usage: Any personal data collected by Bury St Edmunds Marketing, whether through contact forms, consultations, or service agreements, will be used strictly to provide services, improve client experience, and meet contractual obligations.
GDPR and UK Data Protection Compliance: Bury St Edmunds Marketing adheres to the General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018, ensuring that all personal data collected from clients within the UK, EU, and EEA is securely stored and processed only as necessary. Clients have the right to access, rectify, or delete their personal data upon request.
Data Storage and Liability: Data collected on the Bury St Edmunds Marketing website is stored on servers managed by Squarespace, our hosting provider. Bury St Edmunds Marketing and Aaron Stiff are not liable for any data breaches or issues related to Squarespace’s data handling practices. For further details, refer to Squarespace’s Terms of Service, Privacy Policy, and Cookie Policy.
Data Retention: Personal data is retained only for as long as necessary to fulfill contractual obligations or comply with legal requirements. Data no longer required will be securely deleted.
Disclosure: Personal data will not be shared with third parties except as required by law or with prior consent from the Client.
Privacy Rights: Clients may contact Bury St Edmunds Marketing at info@burystedmunds.marketing to exercise their privacy rights, including accessing, amending, or deleting their personal information.
11. Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales. Both parties agree to submit to the exclusive jurisdiction of the courts of England.
This Agreement is intended to protect Aaron Stiff and Bury St Edmunds Marketing from any and all legal action to the fullest extent permitted by law.
12. Amendments
The Service Provider reserves the right to amend these Terms of Service with 30 days’ notice to the Client. The Client will have the option to accept the amendments or terminate the contract.
For any questions regarding these Terms of Service, please contact info@burystedmunds.marketing with the subject line Terms of Service Inquiry.