Terms & Conditions
Terms and Conditions
Last updated: October 2024
Welcome to Creative Purpose Agency (“we”, “us”, or “our”). These Terms and Conditions (“Terms”) govern your use of our website and the provision of our services.
By accessing our website, engaging our services, approving a proposal, signing an agreement, making payment, or instructing us to commence work, you agree to be bound by these Terms and Conditions in full.
1. About Us
Creative Purpose Agency is a digital growth agency providing website design and development, SEO, paid media management, CRM implementation, automation, consultancy, and related digital marketing services.
Registered business name: Creative Purpose Agency Ltd
Company number: 16377612
Registered office:
128 City Road
London
United Kingdom
EC1V 2NX
Trading address:
Building 2, Guildford Business Park Road
Guildford
GU2 8XG
Email: hello@creative-purpose.agency
Website: https://creative-purpose.agency
2. Use of Our Website
By using our website, you agree to:
Use the website only for lawful purposes and in compliance with all applicable laws and regulations.
Not attempt to gain unauthorised access to any part of the website, servers, systems, databases, or infrastructure.
Not copy, reproduce, distribute, modify, or commercially exploit any part of the website without prior written permission.
Not knowingly introduce viruses, malicious code, or harmful material.
Not use the website in any way that could damage, disable, impair, or compromise the functionality or security of the website.
We reserve the right to suspend, restrict, or terminate access to the website at our sole discretion where we reasonably believe these Terms have been breached.
3. Provision of Services
All services are provided subject to a written proposal, quotation, agreement, statement of work, invoice, or email confirmation issued by Creative Purpose Agency.
By engaging our services, you acknowledge and agree that:
All timelines are estimates unless expressly agreed otherwise in writing.
We may rely on third-party providers, platforms, software, hosting environments, APIs, plugins, advertising platforms, and external systems which are outside our control.
You are responsible for providing all required content, approvals, access credentials, technical information, feedback, materials, and communication necessary for delivery.
Delays caused by failure to provide approvals, information, assets, or communication may result in revised timelines, additional fees, or suspension of work.
Any changes outside the agreed scope may incur additional charges at our standard rates unless otherwise agreed in writing.
We reserve the right to suspend work where communication, approvals, access, or payments become materially delayed.
We do not guarantee any specific commercial outcome, search ranking, advertising result, lead volume, conversion rate, traffic increase, revenue increase, or business performance.
All services are supplied on a reasonable endeavours basis.
4. Fees and Payment Terms
Fees, payment schedules, and deliverables will be outlined within your proposal, quotation, agreement, invoice, or statement of work.
Unless otherwise agreed in writing:
Invoices are payable within fourteen (14) days of the invoice date.
All prices are exclusive of VAT unless stated otherwise.
Payments must be made in cleared funds to the account specified on the invoice.
Failure to make payment by the due date constitutes a material breach of these Terms.
We reserve the right to:
Suspend ongoing work, campaigns, hosting, access, or deliverables until payment is received in full.
Charge statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 at 8% above the Bank of England base rate.
Apply statutory compensation fees permitted by law.
Recover reasonable debt recovery, legal, administrative, and enforcement costs.
Retain ownership of all work, files, systems, deliverables, and intellectual property until all invoices are settled in full.
Where services include advertising or third-party platform costs, you remain responsible for all associated spend and charges.
5. Ongoing Services and Cancellation
For recurring or ongoing services including, but not limited to, SEO, paid media management, CRM support, automation, consultancy, hosting, website support, or retained marketing services:
Services operate on a rolling monthly basis unless otherwise agreed in writing.
A minimum three (3) month written notice period is required to terminate services.
Notice must be submitted in writing to hello@creative-purpose.agency.
Notice shall take effect only once written acknowledgement of receipt has been issued by Creative Purpose Agency.
The full notice period remains payable regardless of usage, activity levels, paused work, internal business changes, or reduction in service requirements.
No refunds, credits, or pro-rata adjustments shall apply during the notice period.
All outstanding invoices, committed third-party costs, ad spend, software costs, platform fees, and disbursements remain payable in full.
We reserve the right to terminate or suspend services immediately, without liability, where:
Payment obligations are not met.
There is abusive, threatening, defamatory, or unreasonable conduct.
These Terms are breached.
Continued engagement presents operational, reputational, or legal risk.
Termination shall not remove liability for any outstanding fees, committed costs, or unpaid invoices.
6. Refund Policy
Unless otherwise agreed in writing, all payments made to Creative Purpose Agency are non-refundable.
This includes, but is not limited to:
Deposits
Discovery or strategy fees
Project payments
Monthly retainers
Advertising management fees
CRM or automation setup fees
Consultancy fees
Hosting or support fees
By engaging our services, you acknowledge that time, planning, resource allocation, and operational costs are committed in advance of delivery.
No refunds shall be provided for:
Change of mind
Business closure, restructuring, or internal staffing changes
Delays caused by lack of client communication or approvals
Partial use of services
Subjective dissatisfaction where agreed services have been provided
Platform policy changes or advertising account restrictions outside our control
Nothing within this clause excludes statutory rights which cannot legally be excluded under English law.
7. Paused or Abandoned Projects
Where a project is paused due to lack of communication, delayed approvals, unavailable materials, or client inactivity for more than fourteen (14) consecutive days, we reserve the right to:
Reschedule delivery timelines
Reallocate internal resources
Apply additional reactivation or administration fees
Invoice for completed work to date
Projects paused for longer than sixty (60) consecutive days may be treated as abandoned at our discretion.
Where a project is considered abandoned, all outstanding balances shall become immediately due and payable.
8. Client Materials and Third-Party Assets
You are solely responsible for ensuring that all materials, assets, content, imagery, video, trademarks, fonts, data, and resources supplied to us are owned by you or properly licensed for use.
By supplying materials to us, you warrant that:
You hold all necessary rights, licences, and permissions.
Their use does not infringe the rights of any third party.
We accept no liability for claims arising from client-supplied assets or materials.
You agree to indemnify and hold Creative Purpose Agency harmless against any claims, losses, damages, liabilities, costs, or legal expenses arising from materials supplied by you or on your behalf.
Where third-party assets are purchased on your behalf, their use remains subject to the original supplier’s licence terms.
9. Intellectual Property
All concepts, strategies, methodologies, campaigns, copy, graphics, code, systems, documentation, processes, frameworks, and materials created by us remain our intellectual property until payment has been received in full.
Upon full payment:
Ownership of final approved deliverables transfers to the client unless otherwise agreed in writing.
Working files, source files, drafts, development files, internal documentation, methodologies, frameworks, automation systems, and unused concepts remain our property unless expressly included within the agreement.
We retain the right to reference and showcase completed work within our portfolio, proposals, case studies, marketing materials, social media, and promotional activity unless otherwise agreed in writing.
10. Confidentiality
Both parties agree to keep confidential all non-public commercial, financial, technical, strategic, operational, or business information disclosed during the course of any engagement.
Neither party shall disclose confidential information to any third party unless:
Required by law
Required for professional advisers or contractors involved in service delivery
Authorised in writing by the other party
This obligation survives termination of the engagement.
11. Data Protection
Both parties shall comply with applicable UK data protection legislation, including the UK GDPR and the Data Protection Act 2018.
Where necessary for service delivery, we may process personal data in accordance with our Privacy Policy.
You acknowledge that certain services may involve the use of third-party platforms or providers which process personal data outside the United Kingdom.
12. Third-Party Services
Our services may rely upon third-party platforms, hosting providers, software, APIs, plugins, advertising networks, CRM systems, or integrations including, but not limited to:
Meta
HubSpot
WordPress
Hosting providers
Automation software
You acknowledge that:
Third-party services are governed by their own terms and policies.
We do not control third-party functionality, pricing, availability, or policy changes.
We are not liable for outages, restrictions, suspensions, account bans, policy changes, pricing changes, data loss, or failures caused by third-party providers.
13. Force Majeure
We shall not be liable for any delay or failure to perform obligations where such delay or failure results from events beyond our reasonable control, including but not limited to:
Internet outages
Cyber attacks
Platform outages
Hosting failures
Industrial disputes
Government action
Acts of God
Pandemics
Supplier failure
Utility interruption
During such periods, obligations shall be suspended for the duration of the affected event.
14. Limitation of Liability
To the fullest extent permitted by law:
Creative Purpose Agency excludes all implied warranties, conditions, representations, or guarantees not expressly stated within these Terms.
We shall not be liable for indirect, incidental, special, punitive, or consequential loss or damage.
We shall not be liable for:
Loss of profits
Loss of revenue
Loss of business
Loss of opportunity
Loss of goodwill
Loss of anticipated savings
Loss of data
Reputational damage
Business interruption
We accept no liability arising from:
Third-party software or platforms
Search engine algorithm changes
Advertising platform policy changes
Hosting downtime
Cyber incidents
API failures
Plugin conflicts
Client-side modifications
Delays caused by third parties
Our total aggregate liability arising from any claim relating to services shall not exceed the total fees actually paid by the client to Creative Purpose Agency during the three (3) months preceding the event giving rise to the claim.
Nothing within these Terms excludes liability that cannot legally be excluded under English law.
15. Termination by Us
We reserve the right to terminate or suspend services immediately where:
Payment obligations are not met
There is a material breach of these Terms
Abusive, threatening, defamatory, or inappropriate behaviour occurs
Continued engagement becomes commercially, operationally, or legally unreasonable
In such circumstances, all outstanding fees, committed costs, and unpaid invoices become immediately due and payable.
16. Changes to These Terms
We may update these Terms periodically to reflect operational, legal, regulatory, or commercial changes.
Updated versions will be published on our website with a revised “Last updated” date.
Continued use of our website or services following publication of updated Terms constitutes acceptance of the revised Terms.
17. Governing Law and Jurisdiction
These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of England and Wales.
Both parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
18. Contact Us
For any questions regarding these Terms and Conditions, please contact:
Creative Purpose Agency Ltd
Building 2, Guildford Business Park Road
Guildford
GU2 8XG
Email: hello@creative-purpose.agency
Website: https://creative-purpose.agency