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:

Google

Meta

LinkedIn

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