Terms of Service
Last Updated: October 2023
1. Introduction
These Terms of Service ("Terms") govern the relationship between Profit RX Ltd ("we", "us", "Agency") and you, the Client ("you"), regarding our marketing, branding, and system architecture services.
By engaging our services, booking a strategy call, or paying a deposit, you agree to be bound by these Terms. You must be at least 18 years of age to enter into this contract.
2. Services & Payment Structure
Our engagement model typically consists of an upfront deposit and/or a monthly retainer, the specifics of which will be outlined in your individual Proposal or Scope of Work.
- Invoices: All invoices are due upon receipt unless otherwise stated.
- Late Payments: Failure to pay the retainer by the due date may result in a pause of services.
3. Performance & Refund Policy
We stand by the results we promise. However, our refund policy is strictly governed by the specific goals agreed upon in your Proposal:
- Performance Guarantee: If we explicitly promise a specific result (e.g., a specific revenue target) in writing and fail to achieve it within the agreed timeframe, you may be eligible for a refund of our service fees.
- Exclusions: Refunds strictly exclude any third-party advertising spend (e.g., Facebook/Google Ads budget) and costs related to the setup of permanent assets (e.g., Website development, CRM setup, Social Media asset creation). These setup fees are non-refundable as the assets remain yours.
- No Implied Guarantees: Unless a specific numeric target is explicitly guaranteed in your contract, we do not guarantee general results. Marketing outcomes can vary based on market conditions.
4. Intellectual Property (IP)
Upon full payment of all fees due:
- Client Ownership: You will own 100% of the final deliverables, including branding assets, website code, and marketing materials created specifically for you.
- Agency Portfolio: You grant Profit RX Ltd a perpetual, non-exclusive right to display the completed work, results, and case studies in our portfolio, website, and marketing materials for self-promotion purposes.
5. Client Obligations & Deadlines
To deliver results, we require specific information and assets (images, text, access credentials) from you.
- Deadlines: We will agree upon a deadline for these assets during our onboarding meeting.
- Breach of Contract: Time is of the essence. Failure to provide the necessary information by the agreed deadline will be considered a material breach of this contract. This may result in project termination without refund or a pausing of the project timeline at our discretion.
6. Termination
Either party may terminate the monthly retainer agreement with notice.
- Notice Period: You must provide at least 7 days' written notice before your next billing cycle to cancel services.
- Effect of Termination: Upon termination, you remain liable for any outstanding fees for work already completed.
7. Limitation of Liability
Our liability is limited to the direct fees paid by you to us. We are not liable for any indirect, special, or consequential damages, including but not limited to loss of profits, data, or business opportunities, except where we have expressly accepted accountability for a specific target in writing.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of England.
9. Contact Us
If you have any questions regarding these Terms, please contact us at:
Profit RX LtdEmail: admin@profitrx.co.uk