Service Terms & Conditions

About These Terms

These Service Terms & Conditions govern the provision of services by Flo Marketing & Design Ltd to our clients. They apply to all engagements unless a separate written agreement has been agreed and signed between both parties.

By instructing us to begin work — whether verbally, by email, or by signing a proposal — you confirm that you have read and agree to these terms.

These terms apply to business clients only. Our services are provided on a business-to-business basis.

Flo Marketing & Design Ltd is registered in England and Wales (Company Number: 16509490). Registered office: 72 Little Thorpe, Southend-on-Sea, Essex, SS1 3RW.

Our Services

We provide marketing consultancy, web design, content strategy, social media management, CRM and automation services, and related digital marketing services to businesses of all sizes, including sole traders, startups, entrepreneurs, and small to medium-sized companies.

The specific scope of services for each engagement will be agreed in writing via a proposal, brief, or statement of work before work commences. We will not begin substantive work until scope and fees have been confirmed.

We reserve the right to decline any project or engagement at our discretion.

Subcontracting

We may engage subcontractors, freelancers, or specialist third parties to assist in delivering your services. We remain your point of contact and take responsibility for managing their work. You will not normally need to deal with subcontractors directly unless we agree otherwise.

We ensure that any third parties we work with are bound by appropriate confidentiality obligations and handle your information securely.

Where a subcontractor's error or omission causes a problem, our liability to you remains subject to the limitation of liability clause in these terms.

Proposals and Agreements

All proposals are valid for 30 days from the date of issue unless otherwise stated. After this period we reserve the right to revise pricing or availability.

A proposal becomes a binding agreement when you confirm acceptance in writing (including by email) and, where applicable, pay any required deposit.

By instructing us to begin work, you confirm that you have the authority to enter into this agreement on behalf of your business.

Fees and Pricing

Our fees are set out in each proposal or agreed in writing before work begins.

We reserve the right to review and update our standard rates from time to time. Any changes will be communicated before they apply to your account.

Where projects require third-party costs (such as stock imagery, software licences, advertising spend, domain registration, or hosting fees), these will either be quoted separately or passed through at cost. We will always seek your approval before incurring third-party costs on your behalf.

Payment Terms

Invoices are due upon receipt unless otherwise agreed in writing.

For project-based work, a deposit of 50% is due before work commences. The deposit amount may be adjusted for smaller projects at our discretion and will be confirmed in the proposal.

For retainer and ongoing work, invoices are issued monthly in advance.

For ad hoc work, invoices are issued on completion.

Payment is accepted by bank transfer. Our bank details will be provided on each invoice.

Late payments will accrue interest at 8% above the Bank of England base rate under the Late Payment of Commercial Debts (Interest) Act 1998. We also reserve the right to charge a fixed debt recovery fee for overdue invoices (£40 for invoices under £1,000, £70 for invoices between £1,000 and £9,999, and £100 for invoices over £10,000).

If an invoice remains unpaid beyond 30 days of the issue date, we reserve the right to suspend all work immediately until payment is received in full. Work will not resume until the outstanding balance is cleared.

Commencement and Cancellation

Work commences upon written confirmation of the proposal and receipt of any required deposit. By instructing us to begin work you agree that services commence immediately and that no cancellation rights apply once work has started.

Project-based work

Once a project has commenced, the deposit is non-refundable. If you choose to cancel a project part-way through, you will be invoiced for all work completed to that point plus any third-party costs already committed. This invoice is due upon receipt.

Retainer and ongoing work

Either party may terminate an ongoing retainer arrangement by giving 30 days written notice. All work completed and expenses incurred during the notice period will be invoiced and are payable in full. Notice must be given in writing (email is acceptable).

Immediate termination

We reserve the right to terminate any engagement immediately and without notice if:

• Payment obligations are not met
• You act in a way that is unlawful, abusive, or damaging to our business or reputation
• You provide false or misleading information that affects the nature of the engagement

In the event of immediate termination, all work completed to that point will be invoiced and is payable. Any work product remains our intellectual property until all outstanding invoices are settled in full.

Your Responsibilities

To enable us to deliver our services effectively, you agree to:

• Provide accurate, complete, and timely information, materials, and feedback when requested
• Ensure you have the rights to use any materials (images, copy, brand assets) you provide to us
• Designate a named contact who has authority to approve work and make decisions
• Respond to requests for approval or feedback within agreed timescales

Delays caused by late feedback, missing materials, or failure to provide required approvals may affect timelines and costs. We will not be held responsible for project delays where these arise from your side.

What We Deliver

We will deliver services with reasonable care and skill, and in accordance with the agreed scope. Where timelines are agreed, we will make every reasonable effort to meet them.

We do not guarantee specific outcomes, results, or performance metrics from our services. Marketing results are influenced by many factors outside our control, including market conditions, audience behaviour, competitor activity, and platform algorithm changes.

Any projections, estimates, or forecasts we provide are given in good faith based on available information and should not be relied upon as guarantees of future performance.

Intellectual Property

Ownership of Work Product

Upon receipt of payment in full, ownership of all bespoke creative work produced by us for you (such as written content, designs, and campaign materials) transfers to you. Until full payment is received, all work product remains the intellectual property of Flo Marketing & Design Ltd.

Our Background IP

We retain ownership of our processes, methodologies (including the FLO Method), templates, tools, and any pre-existing intellectual property that we bring to your project. Commissioning our services does not transfer ownership of these to you.

Third-Party Materials

Where we incorporate licensed third-party materials (such as stock photography, fonts, or software) into your deliverables, those materials remain subject to their original licence terms. We will advise you of any licence restrictions that may affect your use of the final work.

Your Materials

You confirm that you own or have the right to use all materials you provide to us, and that their use will not infringe any third-party rights. You indemnify us against any claims arising from materials you have provided.

Confidentiality

We understand that in the course of working together we may have access to confidential information about your business, clients, and operations. We treat all such information as strictly confidential and will not disclose it to any third party without your consent, except where required by law.

This obligation continues after the end of any engagement. We ask that you treat any information about our processes, pricing, and methodology with similar discretion.

Access to Third-Party Accounts

Where you grant us access to your marketing platforms, website, CRM, social media accounts, or other third-party systems, you confirm that you have the right to grant such access. We will use access solely for the purposes of delivering your agreed services and will handle your account credentials securely.

You are responsible for revoking our access when our engagement ends. We recommend changing passwords and reviewing access permissions as standard practice at the end of any working relationship.

Limitation of Liability

To the fullest extent permitted by law:

• Our total liability to you in connection with any engagement shall not exceed the total fees paid by you to us in the three months preceding the claim
• We shall not be liable for any indirect, consequential, or special losses, including loss of profit, loss of revenue, loss of data, or damage to reputation
• We are not liable for the performance, actions, or data practices of any third-party platforms or tools
• We are not liable for any loss arising from your failure to provide accurate information, timely approvals, or required materials

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

Governing Law

These terms are governed by the laws of England and Wales. Any disputes arising from our services will be subject to the exclusive jurisdiction of the courts of England and Wales.

In the event of a dispute, we both agree to attempt to resolve the matter informally in the first instance before pursuing formal legal action.

Changes to These Terms

We may update these terms from time to time. We will notify you of any material changes before they take effect. Continued instruction of our services following notification of changes constitutes your acceptance of the updated terms.

Contact

Questions about these terms or our services?

• Email: nikki@flo.marketing
• Phone: +44 7530 103 189
• Post: Flo Marketing & Design Ltd, 72 Little Thorpe, Southend-on-Sea, Essex, SS1 3RW
• Company Number: 16509490 (England and Wales)

This page was last updated in June 2026. Thanks for choosing Flo Marketing & Design!