Terms & Conditions
Last updated: 1 January 2025
These Terms and Conditions ("Terms") govern the provision of services by Belfer & Co Ltd ("Belfer Agency", "we", "us") to clients ("you", "Client"). By engaging our services or accepting a proposal, you agree to these Terms in full.
1. Our Details
Belfer & Co Ltd
Registered in England and Wales
Email: contact@belfer.agency
2. Services
We provide marketing, automation, and related digital services as described in individual service proposals or agreements. The specific scope, deliverables, timeline, and fees for each engagement will be set out in a written proposal or service agreement provided to you before work commences.
We reserve the right to decline or discontinue services at our discretion, including where we believe a project is not suitable or where these Terms are breached.
3. Fees and Payment
3.1 One-Off Projects
One-off project fees are payable as follows unless otherwise agreed in writing:
- 50% deposit required before work commences
- 50% balance due upon completion and before final handover
3.2 Monthly Retainers
Monthly retainer fees are invoiced in advance on the first of each month and are due within 7 days. If payment is not received within 14 days, we reserve the right to pause services until payment is made.
3.3 Prices and VAT
All prices are in GBP (£) and exclude VAT unless otherwise stated. We will state clearly whether VAT is applicable in your proposal.
3.4 Late Payment
We reserve the right to charge interest on overdue payments at 8% above the Bank of England base rate per annum under the Late Payment of Commercial Debts (Interest) Act 1998.
4. Client Responsibilities
To enable us to deliver services, you agree to:
- Provide access to required platforms, accounts, and tools within agreed timeframes
- Provide accurate and complete information when requested
- Review and approve deliverables within 5 working days of submission (silence after this period may be treated as approval)
- Ensure you have the necessary rights to any content, images, or materials you provide to us
- Designate a primary point of contact for the engagement
Delays caused by your failure to provide timely feedback or access may affect delivery timelines. We accept no liability for such delays.
5. Intellectual Property
5.1 Ownership on Full Payment
Upon receipt of full payment, all intellectual property rights in deliverables created specifically for you as part of the agreed services will transfer to you.
5.2 Our Pre-Existing IP
We retain all rights in our pre-existing tools, frameworks, templates, methodologies, and proprietary systems. We grant you a non-exclusive licence to use these as incorporated into your deliverables.
5.3 Third-Party Tools
Many services involve third-party platforms (Klaviyo, n8n, Mailchimp, etc.). Your use of these platforms is subject to their own terms of service and you are responsible for your own account compliance.
6. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the engagement and not to disclose it to third parties without prior written consent, except as required by law. This obligation survives termination of the engagement.
7. Cancellation and Termination
7.1 One-Off Projects
If you cancel a one-off project after work has commenced, the deposit is non-refundable. If more than 50% of the work has been completed, the full fee becomes payable.
7.2 Monthly Retainers
Either party may terminate a monthly retainer with 30 days written notice. Fees are due for the full 30-day notice period. We may terminate immediately in the event of non-payment or material breach.
7.3 Our Right to Terminate
We may terminate services immediately if you act in bad faith, provide false information, or engage in illegal or unethical activities.
8. Limitation of Liability
To the fullest extent permitted by law:
- We do not guarantee specific marketing outcomes, revenue increases, or search engine rankings
- Our total liability to you for any claim arising from our services shall not exceed the total fees paid by you in the three months preceding the claim
- We shall not be liable for any indirect, consequential, incidental, or special losses, including loss of profit, loss of business, or loss of data
Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded by law.
9. Data Protection
We process personal data in accordance with our Privacy Policy and UK GDPR. Where we process personal data on your behalf as a data processor, we will enter into an appropriate data processing agreement.
10. Results Disclaimer
Marketing results vary depending on many factors outside our control including your industry, competition, budget, product quality, and market conditions. Any figures, projections, or examples used in our materials are for illustrative purposes only and do not constitute a guarantee.
11. Governing Law
These Terms and any disputes arising from them shall be governed by and construed in accordance with the law of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
12. Changes to These Terms
We may update these Terms from time to time. We will notify existing clients of material changes. Continued use of our services after notification constitutes acceptance of the updated Terms.
13. Entire Agreement
These Terms, together with any written proposal or service agreement, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.
14. Contact
For questions about these Terms: contact@belfer.agency