Please read these terms carefully before engaging our services or using our website. By proceeding, you agree to be bound by these terms.
In these Terms and Conditions, the following definitions apply unless the context requires otherwise:
By accessing or using the Site, or by engaging our Services (including by signing a proposal, SOW, or service agreement, or by verbally or electronically confirming an engagement), you agree to be bound by these Terms and Conditions and our Privacy Policy.
If you are entering into these terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms. If you do not have such authority, or if you do not agree with these terms, you must not accept these terms or use our Services.
The specific Services to be provided will be set out in a Statement of Work or proposal accepted by both parties. The Company reserves the right to determine the methods and manner in which Services are delivered, provided the agreed outcomes and deliverables are met.
Any material changes to the agreed scope of Services must be agreed in writing by both parties. The Company will provide a change order specifying additional costs or revised timelines. Work outside the agreed scope will be billed at our standard day rates, currently available on request.
Many of our Services depend on third-party platforms including Google, Meta, LinkedIn, and other advertising or analytics platforms. The Company is not responsible for:
Where Services include AI-generated content or automated workflows, the Client acknowledges that AI outputs are probabilistic and may require human review. The Company will exercise reasonable skill and care, but does not guarantee specific AI output quality absent a defined review process in the SOW.
Fees are as set out in the relevant SOW or proposal. Unless otherwise agreed:
Late payments will accrue interest at 8% per annum above the Bank of England base rate under the Late Payment of Commercial Debts (Interest) Act 1998, plus a fixed compensation charge. The Company reserves the right to suspend Services if invoices remain unpaid for more than 21 days after the due date.
The Company may review its fees annually. We will provide at least 30 days' written notice of any fee increase. If you do not wish to accept a fee increase, you may terminate the engagement in accordance with Section 9 (Termination).
Reasonable out-of-pocket expenses (travel, accommodation, specialist tools) incurred with prior written Client approval will be invoiced at cost. No markup will be applied without prior agreement.
You retain all intellectual property rights in Client Materials you provide to us. You grant the Company a non-exclusive, royalty-free licence to use Client Materials solely for the purpose of delivering the Services.
Upon full payment of all invoices for the relevant Services, the Company assigns to the Client ownership of bespoke Deliverables created specifically for the Client under the SOW (including custom content, ad creatives, and reports).
The following remain the sole property of the Company at all times:
The Client receives a perpetual, non-exclusive licence to use Company IP embedded within Deliverables, solely in connection with the use of those Deliverables for its own business purposes.
Unless expressly prohibited in writing, the Company may reference the Client's name, brand, and results achieved as part of its portfolio and marketing materials. We will never disclose confidential campaign data without prior written consent.
Both parties agree to keep confidential all Confidential Information of the other party and to use it only for the purposes of these terms. Both parties will:
These confidentiality obligations survive termination of the engagement for a period of 3 years, or indefinitely with respect to trade secrets.
Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party, was known to the receiving party prior to disclosure, or is independently developed without use of the Confidential Information.
To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profit, loss of revenue, loss of data, loss of goodwill, or business interruption, arising out of or in connection with these terms or the Services, even if the Company has been advised of the possibility of such damages.
The Company's total aggregate liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by the Client in the 3 months immediately preceding the event giving rise to the claim.
Nothing in these terms limits or excludes liability for:
Digital marketing results depend on many factors outside our control, including search engine algorithm changes, market conditions, competitor activity, and Client-side decisions. The Company does not guarantee specific rankings, traffic levels, conversion rates, revenue figures, or return on ad spend, unless expressly committed to in a signed SOW with defined conditions.
The Company warrants that:
The Client warrants that:
Except as expressly stated above, the Company makes no representations or warranties of any kind, express or implied, including any warranty of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by law.
After any initial minimum term stated in the SOW, either party may terminate an ongoing retainer engagement by providing 30 days' written notice. One-off projects may not be terminated unilaterally once work has commenced, except in accordance with the provisions below.
Either party may terminate immediately by written notice if:
On termination or expiry of an engagement:
When using the Site or Services, you must not:
We reserve the right to immediately suspend access to Services if we reasonably believe you are in breach of this section.
Our Site may contain links to third-party websites or resources. These are provided for convenience only and we have no control over the content of those sites. We accept no responsibility for the content, accuracy, or practices of linked third-party sites, and their inclusion does not imply endorsement.
Our Services regularly interact with third-party advertising, analytics, and marketing platforms. Each such platform has its own terms of service, which the Client agrees to comply with as a condition of using our Services. The Company is not responsible for the terms, data practices, or decisions of third-party platforms.
These Terms and Conditions and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim arising out of or in connection with these terms, unless an alternative dispute resolution process is agreed in writing.
Before commencing legal proceedings, both parties agree to attempt to resolve disputes informally. Either party may escalate by sending written notice, after which the parties will attempt good-faith negotiation for 30 days. If unresolved, either party may refer the matter to mediation through CEDR or a similar recognised body before resorting to litigation.
These Terms and Conditions, together with any applicable SOW, proposal, or MSA, constitute the entire agreement between the parties with respect to the Services and supersede all prior agreements, representations, and understandings.
If any provision of these terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions continue in full force and effect.
No failure or delay by either party in exercising any right or remedy under these terms shall operate as a waiver of that right or remedy, nor shall any single or partial exercise of any right or remedy preclude any other exercise thereof.
The Client may not assign or transfer any rights or obligations under these terms without the prior written consent of the Company. The Company may assign its rights and obligations to a group company or a successor in connection with a merger, acquisition, or sale of substantially all its assets, provided the assignee assumes all obligations hereunder.
Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, pandemic, government action, civil unrest, or infrastructure failure, provided the affected party promptly notifies the other and uses reasonable efforts to mitigate the impact.
Notices under these terms shall be in writing and sent by email (with delivery confirmation) or by recorded post to the addresses specified in the SOW or as updated by written notice. Email to legal@growthanchors.com is acceptable for legal notices to the Company.
We may update these Terms and Conditions from time to time. Material changes will be notified to active Clients with at least 14 days' notice. Continued use of the Services after that period constitutes acceptance. The current version is always available at growthanchors.com/terms-and-conditions.
These terms exist to protect both of us. If you have any questions before engaging, our team is happy to walk you through them.
