Terms & Conditions of Service

1 Definitions

• "after.marketing" refers to the trading name of the business operating from Upton Magna Business Park, Eskdale, Upton Magna, Shrewsbury SY4 4TT.
• "Client" means the individual, company or organisation commissioning services from after.marketing.
• "Services" means all marketing, branding, graphic design, print, digital marketing, social media management, SEO, content creation, copywriting, email marketing, advertising and any other services provided by after.marketing.
• "Project" means a defined body of work agreed between after.marketing and the Client.
• "Deliverables" means the outputs, materials, designs, copy, campaigns or other work product produced as part of a Project.
• "Intellectual Property" means all copyright, trademarks, design rights, patents, database rights and all other intellectual property rights, whether registered or unregistered.

2 Scope of Services

after.marketing provides a full range of marketing services including, but not limited to:

• Marketing strategy
• Graphic design, branding and visual identity
• Print design and production management
• Website design and development
• Digital marketing and paid advertising (Google Ads, Meta Ads and other platforms)
• Social media management and content creation
• Search engine optimisation (SEO)
• Email marketing and campaign management
• Content marketing and copywriting
• Photography art direction and media production

The specific scope of services for each Project will be agreed in writing via an estimate, quotation, proposal or service agreement (together, the "Brief"). These Terms apply to all such engagements.

3 Quotations, Estimates and Acceptance

All quotations and estimates are valid for 30 days from the date of issue unless otherwise stated. Quotations are based on the information provided at the time and are subject to change if the scope of work changes.

An order is accepted and a contract formed when the Client confirms acceptance of the quotation or estimate in writing (including by email), or by paying a deposit, whichever occurs first.

after.marketing reserves the right to decline any instruction without giving reason.

4 Fees, Deposits and Payment

4.1 Deposits

A non-refundable deposit of 50% of the estimated fee may be required depending on the size and nature of the Project. This will be communicated upon issue of the estimate or quotation. Work will not commence until the deposit has been received and cleared.

4.2 Additional Charges

Charges for any services over and above the agreed Brief will become payable at the time of project acceptance or as otherwise agreed in writing.

4.3 Payment Terms

Invoices are due for payment within 30 days of the invoice date unless otherwise agreed in writing. Payments may be made by BACS bank transfer, cash, cheque, or (for overseas clients) PayPal or a previously agreed electronic funds transfer method.

4.4 Late Payment

In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, accounts which remain outstanding for 30 days after the invoice date will incur interest at 8% above the Bank of England base rate per annum on the outstanding amount. after.marketing also reserves the right to claim reasonable debt recovery costs.

4.5 Returned Cheques

Returned cheques will incur an additional administration fee of £50 per returned cheque. after.marketing reserves the right to suspend or cancel any ongoing services if a cheque is returned unpaid.

4.6 Ad Spend and Third-Party Costs

Where after.marketing manages paid advertising campaigns on behalf of the Client (including Google Ads, Meta Ads or similar), the Client is responsible for all advertising spend and third-party platform costs. These are entirely separate from after.marketing's management fees and will be invoiced or passed through as agreed. after.marketing accepts no liability for advertising spend once campaigns are approved and live.

4.7 Publication of Work

Publication and/or release of any work produced by after.marketing on behalf of the Client may not take place before all relevant invoices have been settled and funds cleared.

5 Default and Suspension of Services

An account shall be considered in default if it remains unpaid for 30 days from the invoice date, or following a returned cheque. In the event of default, after.marketing shall be entitled to:

• Suspend all ongoing services immediately without further notice;
• Remove after.marketing's and/or the Client's materials from any computer systems, servers or platforms under after.marketing's control, until the outstanding amount is paid in full;
• Withhold delivery of any completed or part-completed work until payment is received.

Removal of such materials does not relieve the Client of its obligation to pay all outstanding amounts. This clause covers all unpaid sums including, but not limited to, fees for design, marketing services, maintenance, sub-contractors, printers, photographers and third-party licences.

6 Intellectual Property and Copyright

6.1 Ownership Prior to Full Payment

Copyright in all work produced by after.marketing, including copy, concepts, ideas, proofs, illustrations, designs, digital assets and campaign materials is retained by after.marketing until all invoices relating to that work have been settled in full.

6.2 Transfer of Copyright

Upon receipt of full and final payment, after.marketing assigns to the Client the copyright in the agreed Deliverables for the purposes set out in the Brief, except as stated below. Raw working files (source files, layered files, original edits) will only be transferred if explicitly agreed in writing and may be subject to an additional fee.

6.3 Logo Design

Full copyright in logo designs is passed to the Client upon receipt of full payment, unless otherwise agreed in writing.

6.4 Multiple Concepts

Where multiple design concepts are presented, only the concept selected and paid for by the Client is assigned to the Client. All other concepts, designs and ideas remain the property of after.marketing.

6.5 Licensing

Unless full copyright assignment has been agreed, any design, copywriting, illustration or other creative work produced for the Client is licensed for the specific use agreed in the Brief on a one-time basis only. It may not be modified, re-used, reproduced or re-distributed without the prior written consent of after.marketing.

6.6 Client-Supplied Materials

By supplying text, images, data or other materials to after.marketing, the Client warrants that it holds all necessary copyright, trademark and other permissions for those materials. The Client agrees to fully indemnify after.marketing against any claims, costs, damages or losses arising from a breach of this warranty.

6.7 Third-Party Materials

Should any image, text, audio clip or other file supplied by either party for use in a project subsequently emerge to have copyright or royalty restrictions that were not previously known, the Client agrees to allow after.marketing to remove and/or replace the file. after.marketing will not be held liable for any resulting delay or cost.

6.8 Portfolio Use

The Client agrees to allow after.marketing to feature completed work in its portfolio, website, social media and promotional materials, unless the Client requests otherwise in writing at the time of commissioning.

6.9 Design Credits

The Client agrees to allow after.marketing to place a small credit (logo or line of text) on printed materials, exhibition displays, advertisements and/or a link on the Client's website, unless otherwise agreed in writing.

7 Digital Marketing and Paid Advertising

Where after.marketing manages paid digital advertising campaigns on behalf of the Client:

• The Client must provide written approval before any campaign is made live.
• after.marketing will manage campaigns in good faith and in accordance with the agreed Brief and platform guidelines, but cannot guarantee specific results, click-through rates, conversion rates or return on ad spend.
• The Client acknowledges that advertising platforms (including Google, Meta and others) operate under their own Terms of Service, which may affect campaign delivery, targeting or content.
• after.marketing is not liable for changes to platform algorithms, policies or pricing that affect campaign performance.
• All advertising accounts created by after.marketing on behalf of the Client remain the Client's property. Access credentials will be provided to the Client upon request and upon settlement of all outstanding fees.

8 Social Media Management

Where after.marketing manages social media accounts on behalf of the Client:

• A content approval process will be agreed at the outset. The Client is responsible for reviewing and approving content before publication unless a standing approval arrangement has been agreed in writing.
• after.marketing will act in good faith and in accordance with platform terms of service, but cannot guarantee follower growth, engagement rates or reach.
• after.marketing is not liable for changes to social media platform algorithms, policies or functionality that affect performance.
• The Client is responsible for ensuring that all products, services and claims featured in social media content are accurate, lawful and compliant with relevant advertising standards (including ASA/CAP guidelines).
• Social media account login credentials and admin access remain the property of the Client and will be returned upon termination of services.

9 Search Engine Optimisation (SEO)

Where after.marketing provides SEO services:

• after.marketing cannot guarantee specific search engine rankings, as these are determined by third-party search engines (including Google) whose algorithms are outside after.marketing's control.
• SEO results are typically achieved over time. The Client should not expect immediate results.
• after.marketing will employ only ethical, 'white-hat' SEO techniques in accordance with search engine guidelines. The Client agrees not to instruct after.marketing to employ techniques that breach such guidelines.
• The Client acknowledges that search engine algorithm updates may positively or negatively affect rankings, and after.marketing is not liable for any such changes.

10 Email Marketing

Where after.marketing provides email marketing services:

• The Client warrants that all email marketing lists used are lawfully obtained and compliant with the UK GDPR, the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations 2003 (PECR).
• The Client is responsible for ensuring that recipients have provided the appropriate consent to receive marketing communications.
• after.marketing will comply with applicable data protection law in processing any personal data provided by the Client for email marketing purposes.
• The Client agrees to indemnify after.marketing against any claims, fines or costs arising from the Client's failure to comply with data protection or electronic communications law.

11 Content Marketing and Copywriting

Where after.marketing provides copywriting, content creation or content marketing services:

• The Client is responsible for reviewing and approving all copy and content before publication.
• after.marketing will take reasonable care to ensure accuracy, but the Client is ultimately responsible for ensuring that published content is accurate, truthful and compliant with applicable law and advertising standards.
• Copyright in original copy and content created by after.marketing is assigned to the Client upon receipt of full payment, unless otherwise agreed.

12 Marketing Strategy

Where after.marketing provides strategic marketing advice:

• Advice and recommendations are given in good faith based on the information available at the time and on after.marketing's professional expertise.
• after.marketing cannot guarantee specific business outcomes, revenue growth or market share as a result of its advice or recommendations.
• The Client remains responsible for all business decisions made as a result of after.marketing's advice. after.marketing shall not be liable for any loss arising from the Client's reliance on such advice.

13 Website Design and Development

Where after.marketing provides website design or development services:

• Upon completion, after.marketing will provide the Client with a review period of 14 days. During this period, after.marketing will make one round of minor amendments at no additional cost. Minor amendments include small textual changes and minor adjustments to layout. They do not include changes to images, colour schemes, navigation structure or functionality.
• If no written notification of required changes is received within 14 days of the start of the review period, after.marketing will consider the work accepted.
• after.marketing is not responsible for any amendments made by third parties before or after a website is published.
• The Client is responsible for maintaining website hosting, domain registration and any ongoing platform subscriptions unless a maintenance retainer has been agreed.

14 Retainer and Ongoing Service Agreements

Where services are provided on a retainer or ongoing basis:

• The terms of the retainer, including the scope of services, monthly fee and notice period, will be agreed in writing at the outset.
• Either party may terminate a retainer arrangement by giving the notice period specified in the retainer agreement. In the absence of a specified notice period, 30 days' written notice is required.
• after.marketing reserves the right to review and adjust retainer fees at the start of each contract year, with a minimum of 30 days' written notice.

15 Client Responsibilities and Approvals

The Client agrees to:

• Provide all necessary information, materials, approvals and feedback in a timely manner to enable after.marketing to deliver the agreed services.
• Nominate a single point of contact with authority to provide approvals on behalf of the Client.
• Review and approve proofs, designs, copy and campaign materials promptly. Delays caused by the Client may affect project timelines and after.marketing will not be held responsible for resulting delays.
• Ensure that all materials provided to after.marketing are accurate, lawful and do not infringe the rights of any third party.

16 Alterations and Changes to Scope

The Client agrees that changes required over and above the agreed Brief, or requested after acceptance of a draft, will be subject to additional charges. after.marketing will notify the Client in writing of any additional costs before proceeding with out-of-scope work.

after.marketing will not be held responsible for any amendments made by any third party, before or after work is published or delivered.

17 Project Timelines and Duration

Any indication of a project's duration given by after.marketing is an estimate only. after.marketing cannot be held responsible for project overruns, whatever the cause, including delays caused by the Client, third parties, or circumstances beyond after.marketing's control. Estimated project duration runs from the date that cleared deposit funds are received by after.marketing.

18 Data Formats

Text is to be supplied in electronic format as standard plain text (.txt) or MS Word (.doc/.docx), delivered via USB or email.

Images supplied in electronic format must be provided in a format prescribed by after.marketing and must be of a quality suitable for the intended use without further processing. after.marketing will not be held responsible for image quality that the Client later deems unacceptable, nor for the quality of images scanned from printed materials.

Additional charges may be incurred for necessary actions including, but not limited to, photography, art direction, media conversion, digital image processing or data entry.

19 Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed by the other party in the course of the engagement, and not to disclose such information to any third party without prior written consent, except as required by law.

This obligation of confidentiality shall survive the termination of the engagement for a period of two years.

20 Data Protection

after.marketing will process any personal data provided by the Client in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. after.marketing's Privacy Policy is available at after.marketing and forms part of our commitment to data protection compliance.

Where after.marketing processes personal data on behalf of the Client as a data processor, the parties agree to enter into a data processing agreement as required by UK GDPR Article 28.

21 Subcontractors and Suppliers

after.marketing reserves the right to engage subcontractors, agents and specialist suppliers to assist in delivering the services. Any such work, content and services will be subject to those parties' own terms and conditions, and after.marketing will not knowingly take any action to contravene them. The Client also agrees to be bound by such terms where relevant.

after.marketing and its Clients agree to comply with printers' terms and conditions, including provisions for non-completion on time and the standard trade flexibility of supplying quantities within 10% of the total ordered. Where an exact quantity is required, after.marketing recommends ordering 10% extra.

22 Rights of Refusal

after.marketing will not include in its work any text, images or other data that it deems to be immoral, offensive, obscene, defamatory or unlawful. All advertising and marketing material must conform to the standards of the Advertising Standards Authority (ASA) and the Committee of Advertising Practice (CAP) Codes.

after.marketing reserves the right to refuse to include any submitted material without giving reason. If after.marketing includes material in good faith and subsequently discovers it contravenes these Terms or applicable law, the Client agrees to allow after.marketing to remove it without hindrance or penalty.

23 Cancellation

Cancellation of an order must first be communicated by telephone or email, followed by formal written confirmation. The Client will be invoiced for all work completed and costs incurred up to the date of cancellation. The balance must be paid within 7 days of the invoice date.

Any cancellation not formally confirmed in writing and received by after.marketing within 7 days of the cancellation instruction being issued will be liable for the full quoted cost of the project.

Deposits paid are non-refundable in the event of cancellation.

24 Limitation of Liability

after.marketing makes no warranties, express or implied, in relation to the services it provides beyond those required by law.

after.marketing's total liability to the Client in respect of any claim arising out of or in connection with these Terms or the services provided, whether in contract, tort (including negligence) or otherwise, shall be limited to the total fees paid by the Client for the specific Project or services giving rise to the claim.

after.marketing shall not be liable for:

• Any indirect, consequential, special or incidental loss or damage;
• Loss of profits, revenue, business, contracts, anticipated savings or goodwill;
• Loss of or damage to data;
• Non-delivery or delay in delivery of products or services caused by third parties or circumstances beyond after.marketing's reasonable control;
• The performance, quality or suitability of materials, platforms or services provided by third parties.

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.

25 Force Majeure

after.marketing shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, pandemic, flood, fire, war, civil unrest, industrial action, government action, or failure of third-party services or platforms.

26 Disclaimer

While after.marketing takes reasonable steps to investigate and recommend suitable materials, suppliers and approaches, it accepts no responsibility for the performance, quality or fitness for purpose of any third-party materials or services, or for any consequential loss arising from their failure.

27 Governing Law and Jurisdiction

These Terms and Conditions, and any contract formed under them, shall be governed by and construed in accordance with the laws of England and Wales. Both parties submit to the exclusive jurisdiction of the courts of England and Wales in relation to any dispute arising out of or in connection with these Terms.

28 Dispute Resolution

In the event of a dispute, both parties agree to first attempt to resolve the matter informally by contacting after.marketing at hello@after.marketing. If the matter cannot be resolved informally within 30 days, either party may pursue the matter through the courts of England and Wales.

29 General

These Terms supersede all previous Terms and Conditions issued by after.marketing. after.marketing reserves the right to amend these Terms at any time. Updated Terms will be published at after.marketing and will take effect for new instructions placed after the date of publication.

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

A failure by either party to exercise or enforce any right under these Terms shall not constitute a waiver of that right.

30 Acceptance

The placement of an order for services provided by after.marketing, confirmed by the Client's signature, written confirmation, email acceptance, or payment of a deposit, constitutes the Client's acceptance of these Terms and Conditions in full and forms a legally binding Contract for Business between the Client and after.marketing.