Terms of Service

Effective Date: 25 August 2026

1. Introduction and Acceptance of Terms

These Terms of Service (the “Terms”) govern your access to and use of the services provided by BluePeak Digital Marketing Ltd, including any related websites, platforms, reports, communications, campaigns, and deliverables supplied by BluePeak Digital Marketing Ltd (collectively, the “Services”).

By engaging, purchasing, accessing, or otherwise using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.

Where Services are provided under a separate proposal, statement of work, order form, or service agreement, those documents shall supplement these Terms. In the event of any conflict, the order of precedence shall be: (1) signed service agreement or statement of work, (2) proposal/order form, and (3) these Terms, unless expressly stated otherwise.

2. Scope of Services

BluePeak Digital Marketing Ltd provides digital marketing services, which may include the following:

  • Search Engine Optimisation (SEO);
  • Pay-Per-Click (PPC) Advertising;
  • Social Media Marketing;
  • Content Marketing;
  • Email Marketing;
  • Website Analytics and Conversion Tracking; and
  • Local SEO.

The exact scope, deliverables, timelines, platforms, budgets, and performance expectations for any engagement will be set out in the applicable proposal, statement of work, order form, or written agreement.

Unless expressly agreed in writing, the Services are provided on a best-efforts basis and do not include any guarantee of specific rankings, traffic volumes, lead volumes, sales, revenue, conversion rates, advertising approvals, algorithm outcomes, platform stability, or other commercial results.

BluePeak Digital Marketing Ltd may use subcontractors, third-party tools, advertising platforms, analytics systems, and software providers to deliver the Services, provided this does not materially reduce the standard of service agreed.

3. User Obligations and Responsibilities

You agree to:

  • provide accurate, complete, and timely information reasonably required for the delivery of the Services;
  • ensure that all materials, content, logos, trademarks, images, and data supplied to BluePeak Digital Marketing Ltd are lawful, accurate, and do not infringe third-party rights;
  • obtain all necessary permissions, consents, and approvals for any advertising, email marketing, tracking, or data-processing activities requested by you;
  • maintain ownership or valid rights to any advertising accounts, websites, domains, social media profiles, and analytics tools used in connection with the Services, unless otherwise agreed;
  • promptly review and approve or reject drafts, campaigns, creatives, and recommendations within a reasonable timeframe;
  • keep login credentials secure and notify BluePeak Digital Marketing Ltd immediately of any suspected compromise;
  • comply with all applicable laws, regulations, advertising standards, platform policies, and industry codes in relation to your business and content; and
  • not use the Services for unlawful, deceptive, harmful, harassing, infringing, spam-related, or fraudulent activities.

You acknowledge that delays, errors, or reduced performance may result if you fail to meet your responsibilities.

4. Payment Terms and Conditions

Fees, billing cycles, deposits, retainers, and any out-of-pocket expenses will be as stated in the relevant proposal, invoice, or agreement. Unless otherwise agreed in writing:

  • all invoices are payable in the currency stated on the invoice;
  • payment is due within the period specified on the invoice;
  • fees are exclusive of applicable taxes, which may be charged where required;
  • advertising spend, media spend, platform fees, software subscriptions, and third-party costs are your responsibility unless expressly included in the fee proposal;
  • work may be paused or suspended if payment is overdue;
  • late payments may incur interest and/or reasonable recovery costs to the extent permitted by law; and
  • any bank charges, foreign exchange costs, or payment processing fees are your responsibility unless otherwise agreed.

Where services are billed on a recurring basis, billing will continue until cancelled in accordance with these Terms or the applicable agreement.

5. Cancellation and Refund Policy

Either party may cancel ongoing Services by giving written notice in accordance with the notice period stated in the applicable agreement or, if none is stated, by providing reasonable notice.

Unless expressly agreed otherwise in writing:

  • setup fees, strategy work, completed work, and time spent are non-refundable;
  • prepaid retainers and monthly fees are non-refundable once the relevant service period has commenced;
  • advertising spend, software costs, and third-party charges are non-refundable to the extent already incurred;
  • if you cancel partway through a billing period, you remain responsible for fees accrued up to the cancellation effective date; and
  • BluePeak Digital Marketing Ltd may terminate or suspend Services immediately if you materially breach these Terms, fail to pay, instruct unlawful activity, or engage in conduct that materially harms the business, staff, systems, or reputation of BluePeak Digital Marketing Ltd.

Any refund, if granted at the sole discretion of BluePeak Digital Marketing Ltd, will be limited to amounts not yet earned or incurred and will not include consequential or indirect losses.

6. Liability Limitations

To the maximum extent permitted by applicable law, BluePeak Digital Marketing Ltd shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profit, loss of revenue, loss of business, loss of goodwill, data loss, or anticipated savings, arising out of or in connection with the Services.

To the maximum extent permitted by law, the total aggregate liability of BluePeak Digital Marketing Ltd for any claim arising from or relating to the Services shall not exceed the fees paid by you to BluePeak Digital Marketing Ltd for the specific Services giving rise to the claim during the three-month period immediately preceding the event giving rise to the claim, or such lesser amount as may be required by law.

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded.

You acknowledge that digital marketing performance may be affected by factors outside the control of BluePeak Digital Marketing Ltd, including search engine algorithms, advertising platform policies, market conditions, competitor activity, user behaviour, website performance, and third-party system changes.

7. Intellectual Property Rights

Unless otherwise agreed in writing, all pre-existing intellectual property, methodologies, templates, processes, tools, know-how, and materials owned or licensed by BluePeak Digital Marketing Ltd remain the property of BluePeak Digital Marketing Ltd or its licensors.

Upon full payment of all undisputed fees due for the relevant deliverables, you are granted a non-exclusive, non-transferable licence to use the final deliverables created specifically for you for your internal business purposes and for the intended use set out in the agreement. This licence does not include ownership of BluePeak Digital Marketing Ltd's underlying tools, systems, or proprietary methods.

You grant BluePeak Digital Marketing Ltd a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt, store, and process materials you supply for the purpose of delivering the Services.

Unless otherwise agreed in writing, BluePeak Digital Marketing Ltd may use your name, logo, and non-confidential project details in its portfolio, case studies, and marketing materials, provided such use does not disclose confidential information. If you object, you must notify BluePeak Digital Marketing Ltd in writing.

8. Data Protection and Privacy

BluePeak Digital Marketing Ltd will process personal data in connection with the Services in accordance with applicable data protection and privacy laws and its privacy practices, as updated from time to time.

Where BluePeak Digital Marketing Ltd processes personal data on your behalf, the parties shall cooperate in good faith to ensure appropriate data-processing terms, security measures, and lawful instructions are in place. You represent and warrant that you have obtained all necessary rights, notices, and consents required to provide personal data to BluePeak Digital Marketing Ltd for the purposes of the Services.

You acknowledge that digital marketing services may involve cookies, pixels, tags, conversion tracking, audience measurement, CRM integrations, and third-party analytics platforms. You are responsible for ensuring that your own website and digital properties display appropriate privacy notices, cookie banners, and consent mechanisms where required.

BluePeak Digital Marketing Ltd will take reasonable technical and organisational measures to protect personal data under its control, but cannot guarantee absolute security of data transmitted over the internet or stored by third-party providers.

9. Force Majeure

BluePeak Digital Marketing Ltd shall not be liable for any delay or failure in performance caused by events beyond its reasonable control, including but not limited to acts of God, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, industrial disputes, power failures, telecommunications failures, cyberattacks, platform outages, changes in law, or actions of third-party service providers.

If a force majeure event continues for a prolonged period, either party may suspend affected obligations or terminate the impacted Services on written notice, subject to payment for work already performed and costs already incurred.

10. Changes to Terms

BluePeak Digital Marketing Ltd may update or modify these Terms from time to time. The revised Terms will take effect on the date stated in the updated version or, if none is stated, upon publication or notice to you.

Continued use of the Services after any change constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Services and, where applicable, terminate the relevant Services in accordance with the cancellation terms.

11. Applicable Law and Jurisdiction

These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws applicable in England and Wales, unless mandatory local law requires otherwise.

Subject to any applicable consumer or mandatory law, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms or the Services.

12. Contact Information

If you have any questions about these Terms or the Services, please contact:

13. Severability Clause

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court or other competent authority, that provision shall be severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

Where possible, any invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the original commercial intent.

By engaging the Services of BluePeak Digital Marketing Ltd, you acknowledge that you have read, understood, and agree to be bound by these Terms.

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