TERMS & CONDITIONS

These Terms and Conditions (“Terms”) govern the provision of services by AMW Media Ltd (“AMW Media”, “we”, “us” or “our”) to you (“Client”, “you” or “your”). By engaging our services, you agree to be bound by these Terms.

1. Definitions and Interpretation

1.1 Definitions:

“AMW Media” means AMW Media Ltd, the provider of the services detailed herein.

“Client” means the individual or organisation that contracts with AMW Media for services.

“Services” refers to digital marketing services provided by AMW Media, which include (but are not limited to):

Content Production

Social Media Management

Web Design

Graphic Design

Email Marketing

SEO (Search Engine Optimisation)

PPC (Pay Per Click)

SaaS – CRM & Automations

“Agreement” means the written contract between AMW Media and the Client incorporating these Terms.

“Deliverables” means the tangible outputs produced by AMW Media as a result of providing the Services.

1.2 Interpretation:
In these Terms, headings are for convenience only and shall not affect interpretation. Terms such as “including” or “for example” mean “including, without limitation”.

2. Agreement Formation and Term

2.1 Written Agreements:
All contracts with our Clients are required to be in writing and serve as a binding Agreement between you and AMW Media.

2.2 Standard Contract Term:
Unless otherwise agreed in writing, the standard term for our services is a minimum of three (3) months.

2.3 One-Off Services:
Some services may be provided on a one-off basis. Such services will be subject to separate written terms.

2.4 Notice of Termination:
Either party may terminate the Agreement by providing a minimum of one (1) month written notice prior to the commencement of the next billing period. In the event of early termination, the Client remains liable for all work performed and associated fees up to the termination date.

3. Scope of Services

3.1 Services Offered:
AMW Media provides digital marketing services including, but not limited to:

Content Production

Social Media Management

Web Design

Graphic Design

Email Marketing

SEO

PPC

SaaS (CRM & Automations)

3.2 Geographical Coverage:
Our services cover all of England and Wales. For Content Production, we operate within a 130-mile radius of High Wycombe. Should you require services beyond this radius, any additional travel and accommodation expenses will be the Client’s responsibility.

3.3 Service Specifics:
Delivery, timelines, and performance expectations are discussed and agreed upon with each Client. Any additional work or roll-over hours beyond the agreed scope will be charged at our standard hourly rates.

4. Pricing and Payment

4.1 Pricing Structure:
Our pricing may be based on fixed packages or hourly rates. All fees, including any potential roll-over hour charges, will be clearly outlined in the Agreement.

4.2 Clarity and Transparency:
All prices are disclosed in advance with no hidden fees. Prices are subject to change in line with industry standards and inflation, and any adjustments will be communicated in writing prior to implementation.

4.3 Payment Terms:
Payments are due according to the schedule set out in your Agreement. Invoices will typically be issued monthly. Late payments may incur additional charges, and any roll-over hours are billed on an hourly basis as per the agreed rate.

5. Service Delivery and Performance

5.1 Delivery Timelines:
Service delivery timelines and milestones are agreed upon prior to commencement. These will be documented in the individual Service Agreement.

5.2 Roll-Over Hours:
Should the total number of agreed hours not be fully utilised within the contracted period, any roll-over hours will be billed at the standard hourly rate. There is no automatic credit for unused hours.

5.3 Performance and Guarantees:
While AMW Media is committed to delivering high-quality services and employing best industry practices, we cannot guarantee specific results (such as search engine rankings or conversion rates) due to numerous external factors beyond our control. We will, however, use our expertise to achieve the best possible outcomes for your business.

6. Cancellation, Amendments, and Termination

6.1 Cancellation:
The Client may cancel the Agreement by providing a minimum of one (1) month written notice. Cancellation does not relieve the Client of the obligation to pay for Services rendered up to the cancellation date.

6.2 Amendments:
Any amendments to these Terms must be agreed upon in writing by both parties. AMW Media reserves the right to update these Terms periodically, and Clients will be notified of any significant changes. Continued use of our Services after such notifications will constitute acceptance of the revised Terms.

6.3 Early Termination:
In cases where early termination is initiated by the Client, all work completed up to the termination date will be invoiced, and the Client will remain liable for such payments. AMW Media reserves the right to terminate the Agreement immediately if there is a material breach by the Client.

7. Intellectual Property Rights

7.1 Ownership Prior to Payment:
All materials, designs, content, and digital assets produced by AMW Media remain our property until full payment is received.

7.2 Transfer of Rights:
Upon full payment, full commercial rights to the produced materials will be transferred to the Client. For website projects, while ownership is transferred, AMW Media retains the right to display our logo or company name in the website footer as a mark of our authorship.

7.3 Client Materials:
Any materials provided by the Client for the purposes of executing the Services remain the property of the Client. The Client grants AMW Media a non-exclusive licence to use such materials solely for the completion of the project.

8. Support and Maintenance

8.1 Support Levels:
AMW Media offers ongoing support with dedicated teams. Support levels vary based on the service package selected—some packages include priority 24/7 support while others are limited to email support.

8.2 Response Times:
Specific response times and service level commitments will be detailed in the Service Agreement. We commit to using commercially reasonable efforts to meet these service levels.

8.3 Maintenance Services:
Website maintenance and updates are available on a retainer basis. In the absence of a maintenance agreement, any one-off fixes or updates will be charged at our standard rates.

9. Confidentiality and Data Protection

9.1 Confidentiality:
Both parties agree to treat all information disclosed during the course of the Agreement as confidential. Neither party will disclose any confidential information to any third party without prior written consent, except as required by law.

9.2 Data Protection:
AMW Media is committed to protecting the Client’s data in accordance with UK data protection laws, including the GDPR and the Data Protection Act 2018. Both parties shall ensure that any personal or sensitive data is processed securely and only for the purposes agreed upon.

9.3 Use of Data:
Any data provided by the Client will be used solely for the delivery of the Services and will not be shared with any third parties without your explicit consent, unless required by law.

10. Warranties, Disclaimers, and Limitation of Liability

10.1 Warranties:
AMW Media warrants that the Services will be provided with reasonable care and skill in accordance with industry standards.

10.2 Disclaimers:
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND AMW MEDIA DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.3 No Guarantees:
Due to the dynamic nature of digital marketing and factors beyond our control (such as search engine algorithm changes, third-party platform modifications, or market conditions), we cannot guarantee any specific results or outcomes. We will, however, use our expertise to deliver the best possible service.

10.4 Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED BY LAW, AMW MEDIA’S LIABILITY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CLIENT FOR THE SERVICES. IN NO EVENT SHALL AMW MEDIA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

11. Dispute Resolution and Governing Law

11.1 Dispute Resolution:
In the event of any disputes arising out of or in connection with this Agreement, both parties agree to first attempt resolution through mediation in accordance with UK law. If mediation fails, the dispute may be resolved through arbitration or litigation, as advised by UK law.

11.2 Governing Law:
These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the United Kingdom. The courts of the United Kingdom shall have exclusive jurisdiction to settle any disputes.

12. General Provisions

12.1 Entire Agreement:
These Terms, together with any written Service Agreement, constitute the entire agreement between the Client and AMW Media and supersede all prior discussions, agreements, or understandings.

12.2 Amendments:
No amendment to these Terms shall be effective unless it is in writing and signed by both parties.

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

12.4 Notices:
Any notice required under these Terms must be in writing and delivered to the address set out in the Agreement or via email to info@amwmedia.co.uk.

12.5 Waiver:
The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.

12.6 Assignment:
The Client may not assign or transfer its rights or obligations under these Terms without the prior written consent of AMW Media.

By engaging AMW Media’s services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. If you have any questions or require further clarification, please contact us at info@amwmedia.co.uk.