Terms of Service

1. Introduction

Welcome to MarkEd Digital Ltd. These Terms of Service ("Terms") govern your use of our website and services. By accessing or using our website (markeddigital.co.uk) or engaging our services, you agree to be bound by these Terms.

MarkEd Digital Ltd is a company registered in England and Wales (Company Number: [To Be Added]), with our registered office in London, United Kingdom.

If you do not agree with these Terms, please do not use our website or services.

2. Definitions

• "Company", "we", "our", "us" refers to MarkEd Digital Ltd
• "Client", "you", "your" refers to the individual or entity using our services
• "Services" refers to all digital marketing, web development, SEO, advertising, hosting, and consulting services we provide
• "Website" refers to markeddigital.co.uk and all associated subdomains
• "Agreement" refers to the contract formed between us and the Client

3. Our Services

3.1 Service Provision

We provide the following services:

• Web design and development
• Search Engine Optimisation (SEO)
• Google Ads management
• Meta (Facebook/Instagram) advertising
• Website hosting and maintenance
• Technical consulting and digital strategy

3.2 Service Agreements

Specific terms for each service engagement will be outlined in a separate Service Agreement or Statement of Work. In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall prevail.

4. Client Obligations

As a Client, you agree to:

• Provide accurate and complete information required for service delivery
• Respond to requests for information in a timely manner
• Provide necessary access to accounts, platforms, and systems
• Review and approve deliverables within agreed timeframes
• Make payments according to the agreed payment terms
• Comply with all applicable laws and regulations
• Ensure you have the right to use any content you provide to us

5. Payment Terms

5.1 Fees and Invoicing

Service fees will be agreed upon before work commences and outlined in your Service Agreement. Invoices are issued monthly or as otherwise agreed and are payable within 14 days of the invoice date.

5.2 Late Payment

Late payments may incur interest charges at a rate of 8% per annum above the Bank of England base rate, as permitted under the Late Payment of Commercial Debts (Interest) Act 1998.

5.3 Third-Party Costs

Any third-party costs (e.g., advertising spend, domain registration, software licences) are in addition to our service fees and will be billed separately or passed through with prior approval.

6. Intellectual Property Rights

6.1 Ownership of Deliverables

Upon full payment of all fees, ownership of custom work created specifically for you (e.g., website designs, custom code) will transfer to you. We retain ownership of:

• Pre-existing materials and frameworks
• General methodologies and processes
• Any work created before full payment

6.2 Portfolio Rights

We reserve the right to showcase completed projects in our portfolio and marketing materials, unless otherwise agreed in writing.

6.3 Third-Party Materials

You are responsible for ensuring you have the rights to use any third-party content, images, or materials you provide to us.

7. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of our engagement. This obligation survives termination of the agreement.

8. Warranties and Disclaimers

8.1 Our Warranties

We warrant that:

• Services will be performed with reasonable skill and care
• We have the right to provide the services
• Work will be completed in accordance with agreed specifications

8.2 No Guarantees

While we strive for excellent results, we cannot guarantee specific outcomes such as:

• Specific search engine rankings or traffic levels
• Specific conversion rates or ROI
• Approval or compliance with third-party platforms (e.g., Google, Meta)

9. Limitation of Liability

To the fullest extent permitted by law:

• Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim
• We are not liable for indirect, consequential, or special damages including loss of profits, revenue, or business opportunities
• We are not liable for delays or failures caused by circumstances beyond our reasonable control

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law.

10. Termination

10.1 Termination by Either Party

Either party may terminate ongoing services with 30 days' written notice, unless otherwise specified in the Service Agreement.

10.2 Immediate Termination

We may terminate immediately if you:

• Fail to pay invoices within 30 days of due date
• Breach these Terms or the Service Agreement
• Engage in fraudulent or illegal activities

10.3 Effect of Termination

Upon termination, you must pay for all services rendered up to the termination date. We will provide you with all completed work and materials upon receipt of final payment.

11. Data Protection

Both parties agree to comply with all applicable data protection laws, including UK GDPR and the Data Protection Act 2018. Please see our Privacy Policy for information on how we handle personal data.

12. Website Usage

When using our website, you agree not to:

• Use the website for any unlawful purpose
• Attempt to gain unauthorised access to our systems
• Transmit viruses or malicious code
• Collect data from the website using automated means
• Interfere with the proper functioning of the website

13. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Your breach of these Terms
• Content or materials you provide to us
• Your use of our services
• Your violation of any third-party rights

14. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms.

16. Entire Agreement

These Terms, together with any Service Agreement and our Privacy Policy, constitute the entire agreement between you and MarkEd Digital Ltd regarding the use of our services and supersede all prior agreements.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18. Contact Us

If you have any questions about these Terms of Service, please contact us: