1. Introduction

These Terms of Service govern your use of the digital marketing services provided by Kaptiv Media. By engaging our services, you agree to be bound by these terms.

2. Definitions

• “Services” refers to any digital marketing services provided by us.

• “Agreement” refers to the terms and conditions outlined in this document.

• “Client” refers to the individual or business engaging us for services.

3. Agreement

3.1. Service Engagement
The terms outlined in this Agreement will apply once a Client accepts a proposal, quotation, or any written agreement for services provided by us. An engagement is deemed active when payment or deposit is made, or a contract is signed.

3.2. Changes to Agreement
We reserve the right to update or amend these Terms at any time. Any significant changes will be communicated to Clients.

4. Client Responsibilities

4.1. Information and Access
The Client agrees to provide all necessary information and access to accounts (social media, Google Ads, email platforms, etc.) needed for the successful execution of services. Failure to provide timely access or necessary materials may result in delays.

4.2. Approvals and Feedback
The Client is responsible for providing timely approvals or feedback when requested for marketing materials, strategies, or reports. Delays in feedback or approvals may affect the timeline and success of campaigns.

5. Services Provided

5.1. Scope of Services
We will provide digital marketing services as agreed upon in a proposal or contract. Any additional work outside the scope will require a separate agreement and may incur additional fees.

5.2. Service Fees and Payment
The agreed-upon fees for services will be clearly outlined in a proposal or contract. Payment is due upon receipt of an invoice unless otherwise agreed. We reserve the right to suspend or terminate services if payments are not made on time.

5.3. Subscription Services
If the services include a subscription or recurring payment (e.g., monthly retainer), the Client agrees to pay for such services until cancellation. Payments are non-refundable unless otherwise stated.

6. Pricing & Payment Terms

6.1. Fees
Fees for services will be based on the scope of work agreed to in writing. Any additional work requested beyond the original scope will incur additional fees, agreed upon before execution.

6.2. Payment Methods
Payments are accepted via direct bank transfer or Stripe.

6.3. Late Payments
Late payments will mean that any services being provided will freeze until payment is made.

7. Cancellation & Termination

7.1. Client Cancellation
The Client may cancel services by providing 30 days’ written notice. If the Client cancels before the completion of an agreed-upon service, the Client will be responsible for paying for the work completed up to that point.

7.2. Termination by Us
We may terminate services at any time if the Client fails to provide required materials, fails to make payments, or engages in unethical behaviour. No refunds will be issued if we terminate due to Client’s non-compliance.

8. Intellectual Property

8.1. Ownership
All intellectual property (IP) created during the execution of services, including but not limited to logos, content, reports, and marketing materials, remain the property of the Client upon full payment. However, we retain the right to use such work for portfolio purposes or case studies.

8.2. Client’s Materials
The Client grants us the right to use any provided content, images, or other materials for the purpose of providing services.

9. Confidentiality

9.1. Confidential Information
Both parties agree to keep all sensitive or confidential information private. This includes business plans, marketing strategies, and other proprietary information.

9.2. Non-Disclosure
We will not disclose the Client’s confidential information to third parties without prior written consent, except when required by law.

10. Limitations of Liability

10.1. Indemnity
The Client agrees to indemnify and hold us harmless from any claims, damages, or legal fees arising from the use of our services, including but not limited to intellectual property infringement, defamatory content, or any action resulting from the implementation of marketing strategies.

10.2. Liability Limits
Our liability is limited to the amount paid for services. We are not responsible for indirect, consequential, or special damages arising out of or in connection with our services.

11. Disclaimers

11.1. No Guarantees
While we strive for the best results, we cannot guarantee specific outcomes or performance metrics (e.g., lead generation, conversions, etc.). Digital marketing results can be influenced by many factors outside our control, including changes to platform algorithms and market competition.

11.2. Service Availability
We will make every reasonable effort to provide uninterrupted services, but cannot be held liable for downtime or service interruptions due to factors beyond our control.

12. Governing Law

12.1. Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the United Kingdom. Any disputes will be resolved under the jurisdiction of UK courts.

13. Dispute Resolution

13.1. Mediation
In case of any disputes or claims, both parties agree to first attempt to resolve the issue through informal negotiation or mediation before taking legal action.

14. Miscellaneous

14.1. Entire Agreement
These Terms represent the full understanding between the parties and supersede all prior agreements or understandings, written or verbal.

14.2. Severability
If any provision of these Terms is found to be invalid, the remainder will continue in full effect.

14.3. Transferability
We reserve the right to transfer or assign our rights and obligations under these Terms to any third party.

By accepting our services, you confirm that you have read, understood, and agree to abide by these Terms of Service.