1. About us
Catchy Marketing LTD — Company ID: 868809
1/1 9 Greenlees Road, Cambuslang, Glasgow, Scotland G72 8JB
Email: support@catchy-marketing.com • Phone: +44 7537 153147
2. Acceptance of terms
By using our site, requesting a proposal, or engaging our services, you agree to these Terms. If you are entering into an agreement on behalf of a company, you represent that you have authority to bind that company.
3. Services, proposals, and scope
We may provide proposals and/or statements of work (“SOWs”) describing deliverables, timelines, responsibilities, and fees. An SOW (including any referenced proposal) becomes binding when accepted in writing (including email) by both parties. If there is a conflict between an SOW and these Terms, the SOW prevails.
4. Client obligations
- Provide accurate information, timely feedback, and required access/approvals.
- Ensure you have rights to all materials you supply to us and that they do not infringe third-party rights.
- Comply with applicable platform policies (e.g., Google, Meta) and laws/regulations.
5. Fees and payment
- Fees are as stated in the SOW/proposal and are exclusive of VAT and third-party spend unless stated otherwise.
- Unless otherwise agreed, retainers are billed monthly in advance; project work may require a deposit.
- Invoices are due within 14 days of issue. Late payments may incur interest at the statutory rate and/or suspension of services.
6. Changes
Either party may request changes to the scope. We will confirm any impact on fees, timing, or deliverables before proceeding.
7. Timelines
Dates are estimates unless expressly stated as firm in an SOW. We are not liable for delays caused by factors outside our reasonable control or by your delays in providing information/access.
8. Intellectual property
- Your materials: You retain ownership of materials you provide. You grant us a licence to use them to deliver the services.
- Deliverables: Upon full payment, we grant you a worldwide, non-exclusive, perpetual licence to use project deliverables for your internal business purposes. We retain ownership of our pre-existing IP, know-how, templates, and tools.
9. Portfolio use
We may reference your name/logo and non-confidential results in our portfolio and marketing unless you object in writing.
10. Confidentiality
Each party will keep the other’s confidential information secret and use it only to perform these Terms or an SOW, except as required by law.
11. Data protection
Each party will comply with applicable data protection laws. Our processing of personal data is described in our Privacy Policy. If we process personal data on your behalf, the parties will enter into a data processing agreement where required.
12. Compliance and platform policies
You are responsible for the legality of your products, services, ads, and targeting. We may decline or suspend activity that we reasonably believe breaches law or platform policies.
13. Warranties and disclaimers
We will provide services with reasonable skill and care. Except as expressly stated, we do not guarantee specific outcomes or results. To the fullest extent permitted by law, we disclaim implied warranties including merchantability and fitness for a particular purpose.
14. Limitation of liability
Nothing limits liability for death or personal injury caused by negligence, fraud, or anything else that cannot be limited by law. Subject to the foregoing, we will not be liable for: (a) indirect or consequential loss; (b) loss of profits, revenue, or data; and our total aggregate liability arising out of or in connection with the services is limited to the total fees paid by you to us in the 12 months preceding the claim.
15. Indemnity
You agree to indemnify us against claims arising from materials you supply or your breach of these Terms or applicable laws.
16. Term and termination
- Either party may terminate an SOW on 30 days’ written notice (unless the SOW states otherwise).
- Either party may terminate for material breach if not remedied within 14 days of notice, or immediately for insolvency.
- On termination, you will pay for services performed to the termination date and non-cancellable third-party costs.
17. Force majeure
Neither party is liable for failures caused by events beyond reasonable control, provided reasonable steps are taken to mitigate.
18. Governing law and jurisdiction
These Terms and any dispute are governed by the laws of Scotland. The Scottish courts have exclusive jurisdiction.
19. Notices
Formal notices must be sent by email to support@catchy-marketing.com and deemed received on the next business day.
20. General
- Entire agreement: These Terms plus any SOW form the entire agreement.
- Severability: If any provision is unenforceable, the remainder remains in effect.
- No waiver: Failure to enforce any provision is not a waiver.
- Assignment: You may not assign without our consent; we may assign to a successor in connection with a restructure or sale.
- Order of precedence: SOW > these Terms > proposal.