Joshua Butler Marketing
Terms and Conditions

Last Updated: 10 September 2024

Welcome to https://marketingbutler.pro. These Terms and Conditions govern your access to and use of the Joshua Butler Marketing website, a platform providing information on digital marketing consultancy services provided by Joshua Butler, and the marketing services provided to any party that becomes a client of Joshua Butler Marketing. By accessing our website or using Joshua Butler Marketing services, you agree to be bound by these Terms and Conditions and all applicable laws and regulations.

Definitions and Interpretations

• Client: Refers to the party engaging Joshua Butler Marketing's services.
• Services: Refers to all consultancy, strategy development, PPC management, SEO, creative marketing strategy, marketing auditing, and related digital marketing services provided by Joshua Butler Marketing.
• Deliverables: All materials, reports, data, and other outputs provided as part of the services.
• Agreement: Refers to these Terms and Conditions and any associated Service Agreements, Statements of Work, or Proposals provided by Joshua Butler Marketing.

No Client Relationship Created

Accessing or using this website, including any resources or content provided, does not establish a client-consultant relationship between the user and Joshua Butler Marketing. A formal engagement is only established once a signed agreement is in place and fees are paid as outlined in that agreement.

Client Obligations

Clients are expected to:

1. Provide All Necessary Information and Access:

   • Provide all necessary information, instructions, materials, and access to systems, platforms, or data required for the delivery of services in a timely manner. This includes, but is not limited to, access to analytics data, advertising accounts, website content management systems, and other tools necessary for Joshua Butler Marketing to perform the services effectively.
     
     

2. Ensure Content Compliance and Ownership:

   • Ensure all content provided does not infringe any third-party intellectual property rights and that the client has full rights or licenses to any content, trademarks, or materials provided to Joshua Butler Marketing for use in any deliverables.
     
     

3. Timely Communication and Approvals:

   • Respond to all communications and requests for approval in a timely manner to avoid delays in service delivery. Failure to provide prompt feedback or approval may result in project delays for which Joshua Butler Marketing will not be held responsible.
     
     

4. Adhere to Agreed Payment Terms and Timelines:

   • Adhere to agreed payment terms and timelines as outlined in the service agreement. Failure to make timely payments may result in the suspension of services, additional charges, or termination of the agreement.
     
     

5. Cooperate with Joshua Butler Marketing:

   • Actively cooperate with Joshua Butler Marketing in providing reasonable support and assistance when needed to perform the agreed-upon services. This includes attending scheduled meetings, providing requested feedback, and participating in strategy sessions.
     
     

6. Maintain Confidentiality:

   • Maintain confidentiality regarding any proprietary information or sensitive data shared by Joshua Butler Marketing during the course of the project.
     
     

7. Adhere to Legal and Ethical Standards:

   • Ensure that any instructions, materials, or data provided to Joshua Butler Marketing comply with all relevant laws, regulations, and ethical standards. Joshua Butler Marketing reserves the right to refuse to engage in any activity that it deems to be illegal, unethical, or against company policies.

Failure to comply with these obligations may affect service delivery, result in additional charges, or lead to the suspension or termination of services. Joshua Butler Marketing shall not be liable for any delays or failure to perform resulting from the client's non-compliance with these obligations.

Services Offered

https://marketingbutler.pro offers digital marketing consultancy services, including:

• PPC Campaign Management
• SEO Strategy Development
• Content Marketing
• Data Analysis and Reporting
• Conversion Rate Optimisation
• Marketing Auditing
• Creative Marketing Strategy

Our services are tailored to client needs; however, additional customisation may be required to meet specific industry standards.

Pricing

Pricing for our services is negotiated and provided after an agreement of services has been made between Joshua Butler Marketing and the client. The payment for services is usually charged at an hourly rate, while retainer services are usually provided at a discounted hourly rate. All fees, charges, and payment terms will be detailed in the service agreement provided to the client.

Payment Terms and Late Fees

Payment for services must be made within 1 week (7 days) of invoicing. Failure to do so may result in service suspension and incur a late fee of 8% per annum above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

Revisions and Acceptance of Deliverables

Revisions must be requested within 5 business days of receiving the deliverables. Revisions requested beyond this period or outside the agreed scope will incur additional charges, as all revisions are billed on an hourly basis. The number and nature of revisions, along with the applicable hourly rates, will be outlined in a separate formal agreement, which is to be signed by both Joshua Butler Marketing and the client as part of the overall service contract.

Intellectual Property Rights

All intellectual property created by Joshua Butler Marketing, including but not limited to advertisements, creative materials, graphics, and campaign assets, remains the property of Joshua Butler Marketing unless otherwise agreed in writing. The client is granted a non-exclusive, non-transferable license to use the deliverables for their internal business purposes and as part of their marketing and promotional activities. Third-party materials incorporated within the deliverables are used under their respective licenses and remain the property of their owners.

Limitation of Liability and Indemnity

Joshua Butler Marketing is not liable for indirect, incidental, or consequential damages arising from the use of our services. The client agrees to indemnify Joshua Butler Marketing against any claims arising from the misuse of deliverables. While we strive to provide the best possible results, we do not guarantee specific outcomes such as search engine rankings or return on investment (ROI).

Warranties Disclaimer

Joshua Butler Marketing makes no warranties or guarantees regarding the success or effectiveness of any services provided. All services are provided "as is" and "as available," and results may vary depending on external factors beyond our control, including but not limited to market conditions, competitive actions, and changes to algorithms or advertising platforms.

Limitation on the Use of Deliverables

The deliverables provided as part of our services are intended for the client's internal business use only. They may not be resold, distributed, or otherwise used for commercial purposes without the explicit written consent of Joshua Butler Marketing.

Data Protection and Privacy

Your use of https://marketingbutler.pro is governed by our Privacy Policy and Cookies Policy, which detail our data collection, use, and protection practices. By using the website, you consent to our handling of your data in accordance with these policies.

Electronic Communications and Consent

By providing your contact information on our website, you consent to receive marketing communications from Joshua Butler Marketing. You may opt out at any time by following the unsubscribe instructions provided in our communications.

Force Majeure

Neither party will be liable for delays or failures in performance due to events beyond their reasonable control, such as natural disasters, strikes, or governmental actions. In the event of such force majeure, both parties agree to work together to find an equitable solution, including possible extension of deadlines or temporary suspension of services.

Early Termination Fees

If the client terminates the agreement early without cause, they will be required to pay an early termination fee equivalent to 25% of the remaining agreed-upon fees or the fees for one month's service, whichever is higher. This fee covers the loss of opportunity and administrative costs associated with early termination.

Confidentiality

Both parties agree to maintain confidentiality regarding all proprietary information exchanged during the provision of services. For the purpose of this clause, 'proprietary information' includes, but is not limited to, business plans, marketing strategies, client lists, technical data, financial information, and any other non-public business information disclosed in connection with the services.

Confidentiality obligations shall remain in effect during the term of this agreement and for a period of two (2) years following its termination or completion. These obligations shall not apply to information that is already publicly known, subsequently becomes publicly known through no fault of the receiving party, or is required to be disclosed by law or a regulatory authority.

The client may provide explicit written consent to Joshua Butler Marketing to use selected information as part of a case study to promote Joshua Butler Marketing's services. Such consent will detail the scope of information to be used and the manner in which it will be presented to ensure confidentiality and compliance with applicable data protection laws.

Third-Party Links

Our website may contain links to third-party sites. We are not responsible for the content or privacy practices of these sites and advise users to read the terms and conditions and privacy policies of any third-party websites they visit.

Handling of Reviews and Testimonials

Joshua Butler Marketing does not engage in, endorse, or submit fake reviews. All reviews and testimonials on our website are genuine customer feedback. Any incentivisation for reviews will be clearly stated, in compliance with UK law.

Feedback and Content Submission

By submitting any feedback, ideas, or suggestions on the website or to Joshua Butler Marketing, you grant us a non-exclusive, royalty-free, perpetual, and irrevocable license to use, modify, and incorporate such feedback into our services without any obligation to compensate you.

Website Accessibility

Joshua Butler Marketing is committed to Website Accessibility

Joshua Butler Marketing is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We are actively working to increase the accessibility and usability of our website and, in doing so, adhere to many of the available standards and guidelines. Should you experience any difficulty in accessing our website, please contact us at joshua@marketingbutler.pro.

Jurisdiction-Specific Provisions

These Terms and Conditions are primarily governed by the laws of England and Wales. However, if the client operates in a different jurisdiction, these terms may be subject to the local laws applicable to that region. Joshua Butler Marketing will comply with local laws where applicable and reserves the right to adjust terms to ensure compliance.

Dispute Resolution and Mediation

In the event of any dispute arising under or in connection with these Terms and Conditions, the parties agree to first attempt to resolve the dispute through good faith negotiation and mediation. If the dispute cannot be resolved through mediation, it will be submitted to binding arbitration under the rules of the London Court of International Arbitration (LCIA). If arbitration fails to resolve the dispute or if either party is dissatisfied with the outcome, the matter may be taken to the courts of England and Wales for a final resolution.

Termination and Cancellation

Either party may terminate the agreement with 30 days' written notice. Joshua Butler Marketing reserves the right to terminate services immediately if the client breaches any terms or fails to make timely payments. Upon termination, the client agrees to pay all fees for work completed up to the date of termination, including any outstanding balances for services rendered. Any work already performed prior to the termination date will be billed according to the agreed-upon rates and payment terms.

Modifications

Joshua Butler Marketing reserves the right to modify these Terms and Conditions at any time. Updates will be posted on this page, and continued use of the website constitutes acceptance of any changes.

Governing Law

These Terms and Conditions are governed by the laws of England and Wales, and any disputes shall be handled exclusively in the courts of England.

Contact Information

For any inquiries about these Terms and Conditions, please contact us at joshua@marketingbutler.pro.