Terms & Conditions
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1. Services & Engagement
All Services begin with an initial consultation, which is free of charge and without obligation.
Following the consultation, we will provide a written proposal or Statement of Work ("SOW") setting out the scope, deliverables, timeline and fees for the engagement.
A binding agreement is formed only when you accept the proposal in writing (email counts) and either pay the initial invoice or return a signed SOW.
Any work outside the agreed scope is considered additional and will be quoted separately before it is carried out.
We reserve the right to decline any project at our discretion, including but not limited to projects that conflict with existing client work, fall outside our expertise, or raise ethical or legal concerns.
2. Fees & Payment
All fees are quoted and payable in Pounds Sterling (GBP) unless otherwise stated.
Project-based work: typically 50% deposit on signing the SOW, with the remaining balance due on project completion or as set out in the SOW.
Retainer work (monthly SEO, social media management, ongoing campaigns): invoiced monthly in advance. First month's invoice is due before work commences.
Third-party costs — including but not limited to advertising spend on Google, Meta, LinkedIn; stock photography; font licences; domain and hosting; print production — are either pre-paid by the Client directly or invoiced at cost plus any management fee stated in the SOW.
Invoices are payable within 14 days of issue. Late payments may incur interest at the rate set out in the Interest on Debts and Damages (Jersey) Law 1996, currently charged at the Bank of England base rate plus 2% per annum, calculated daily from the due date.
Rates for new work may change. Any existing SOW or retainer continues at the originally agreed rate for the agreed term.
We reserve the right to pause or suspend Services if an invoice is more than 30 days overdue. Work resumes once the outstanding balance is settled.
3. Client Responsibilities
You agree to provide all necessary content, access, approvals and information required for us to deliver the Services — including but not limited to brand assets, logos, written content, product information, access to Google Ads, Google Analytics, social media accounts, website admin, and email platforms.
Delays caused by late or incomplete Client input may affect the project timeline. Where a delay exceeds 30 days, we reserve the right to invoice for work completed to date and treat the engagement as paused.
You confirm that any content you provide to us (including logos, images, copy, video, customer data) is either owned by you or licensed for the intended use. You indemnify us against any third-party claim arising from content you have supplied.
You are responsible for reviewing and approving deliverables within the time frame set out in the SOW. Deliverables not rejected in writing within 14 days of delivery are deemed accepted.
4. Liability
We deliver all Services with reasonable skill and care and to industry standards.
Marketing outcomes depend on many factors outside our control — including platform algorithms, market conditions, competitor activity, Client-side execution and third-party service performance. We do not guarantee specific commercial results (such as guaranteed search ranking, lead volumes, conversion rates or revenue growth), although we may provide forecasts and targets based on available data.
Our total liability for any claim arising out of or in connection with the Services shall not exceed the total fees paid by the Client to Jersey Tide under the relevant SOW in the twelve (12) months immediately preceding the claim.
We are not liable for any indirect, consequential, special or incidental loss, including but not limited to loss of profit, loss of revenue, loss of data, loss of goodwill or business interruption.
Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be limited under Jersey law.
5. Intellectual Property
All content on the Jersey Tide Marketing website — including text, images, logos, designs, videos and code — is owned by us or licensed to us and is protected by copyright and other intellectual property laws. You may not copy, reproduce, distribute or modify this content without our prior written consent.
For Client work: on receipt of full payment for the relevant deliverable, we assign to you the intellectual property rights in the final deliverables specifically created for your project (such as logos, websites, campaign creative, photography). Working files, source files, strategic frameworks, research documents and internal methodologies remain our property.
Third-party assets incorporated into deliverables (stock photography, fonts, plugins, music) remain subject to their respective licences. We will make clear in the SOW which assets are licensed and for what use.
We retain the right to display Client work in our portfolio, case studies, social media, pitch decks and marketing materials — including on our website, LinkedIn, Instagram, and in proposals to other prospective clients — unless a written non-disclosure arrangement is in place.
6. Third-Party Services
In the course of delivering Services we use and integrate with third-party platforms and tools — including but not limited to Google, Meta, LinkedIn, TikTok, Mailchimp, Shopify, Webflow, WordPress, hosting providers, and domain registrars.
We are not responsible for the content, policies, availability, pricing, or data-handling practices of these third parties. Any changes made by a third party (e.g. platform policy updates, algorithm changes, outages, pricing changes) are outside our control.
Our website may contain links to third-party websites. We do not endorse and are not responsible for the content or privacy practices of those websites.
7. Confidentiality
Both parties agree to keep confidential any non-public business, technical, financial or operational information received from the other during the engagement.
We will not share Client information, strategy, or deliverables with any third party except (a) where required by law, (b) with Client consent, (c) with our subcontractors and professional advisers who are bound by equivalent confidentiality obligations.
This confidentiality obligation survives the termination of the engagement and continues indefinitely.
Personal data is handled in accordance with our Privacy Policy and the Data Protection (Jersey) Law 2018.
8. Termination
Either party may terminate a monthly retainer engagement with 30 days' written notice.
Project-based engagements may be terminated by either party in case of material breach that is not remedied within 14 days of written notice.
On termination, the Client remains liable for all fees for work completed up to the termination date and for any non-cancellable third-party commitments made on the Client's behalf before the termination notice was received.
On termination, we will provide the Client with a reasonable handover of final deliverables that have been fully paid for. Working files and pre-paid third-party assets (e.g. ad accounts, domain registrations) are transferred as appropriate.
9. Changes to Terms
We reserve the right to update these Terms from time to time. The current version is always available on our website, with the "Last updated" date at the top.
Material changes will be communicated to existing Clients in writing. Continued use of our Services after an update constitutes acceptance of the revised Terms.
For existing SOWs, the Terms in force at the time the SOW was signed continue to apply for that engagement unless otherwise agreed in writing.
10. Governing Law & Jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by the laws of Jersey, Channel Islands.
Any dispute arising out of or in connection with these Terms or the Services shall be subject to the exclusive jurisdiction of the Royal Court of Jersey.
Before initiating formal legal proceedings, both parties agree to attempt to resolve any dispute in good faith through direct discussion or, if appropriate, mediation.
11. Contact
For any questions about these Terms & Conditions, or to raise a concern, please contact:
Jersey Tide Marketing
6 Union St, St Helier, Jersey JE2 3RH, Jersey
Email: contact@jerseytidemarketing.je
Phone: +44 7797 727 006