Marketing Terms And Conditions

Digital Marketing Terms

Digital Marketing Terms

 

Scope of Services

The Website Shop Ltd provides digital marketing services including, but not limited to, search engine optimisation (SEO), paid advertising management, social media marketing, content creation, content marketing, email marketing, analytics review, reporting, campaign management, and marketing strategy.

 

Services are provided on a best-efforts basis and may vary depending on the agreed scope of work. Unless expressly agreed in writing, services do not include legal review, regulatory compliance review, financial advice, tax advice, data protection consultancy, website development, graphic design, photography, videography, public relations, crisis management, or reputation management services.

 

No Guarantee of Results

Marketing performance is influenced by numerous factors beyond our control, including market conditions, competition, consumer behaviour, advertising platform policies, economic conditions, algorithm changes, seasonality, and third-party actions.

 

We do not guarantee any specific outcome, including increases in website traffic, search engine rankings, social media engagement, followers, leads, enquiries, conversions, sales, revenue, return on investment, return on advertising spend, brand awareness, or any other performance metric.

 

Marketing services are not subject to performance guarantees, minimum result commitments, or service level agreements unless expressly agreed in writing.

 

Client Approval and Responsibility

Where content, advertisements, campaigns, emails, social media posts, landing pages, or other marketing materials require client approval, responsibility for such materials transfers to the client upon approval.

 

The client is responsible for reviewing and approving all content prior to publication where approval is requested. The Website Shop Ltd shall not be liable for errors, omissions, inaccuracies, legal claims, regulatory issues, or losses arising from approved content.

Where a client instructs us to publish content without prior approval, the client accepts full responsibility for the published material.

 

Approval Timeframes

Where approval is requested for content, advertisements, campaigns, emails, social media posts, landing pages, or other marketing materials, the client shall have five (5) business days to review and provide feedback unless otherwise agreed.

 

If no feedback, objection, or amendment request is received within that period, the material shall be deemed approved and authorised for publication, distribution, or implementation.

 

The Website Shop Ltd shall not be liable for any errors, omissions, inaccuracies, legal claims, regulatory issues, or losses arising from content deemed approved under this clause.

 

Social Media Services

Where social media marketing services are provided, we may create, schedule, publish, manage, or optimise content on the client’s behalf.

 

Final responsibility for all published content remains with the client. Clients are responsible for ensuring that all content complies with applicable laws, advertising standards, platform policies, intellectual property requirements, and industry regulations.

 

We are not liable for public reactions, audience engagement levels, negative comments, account restrictions, account suspensions, content removal, reduced visibility, shadow bans, reputational impact, or actions taken by social media platforms.

 

SEO Services

Search engine rankings and visibility are determined by search engines and are subject to factors outside our control.

 

We do not guarantee rankings, indexing, traffic levels, featured snippets, search visibility, or continued placement within search results. Search engines may modify their algorithms, indexing criteria, and ranking methodologies at any time without notice.

 

The Website Shop Ltd shall not be liable for ranking fluctuations, traffic reductions, de-indexing, penalties, manual actions, algorithm updates, or changes in search engine behaviour.

 

Paid Advertising Services

Where paid advertising campaigns are managed, advertising budgets are separate from management fees unless otherwise agreed in writing.

 

The client remains solely responsible for all advertising spend, platform charges, and media budgets.

 

We do not guarantee campaign performance, lead quality, conversion rates, sales volumes, cost per acquisition, cost per click, return on advertising spend, or any other performance metric.

 

We are not responsible for how advertising platforms allocate, optimise, distribute, restrict, approve, reject, or suspend advertising campaigns.

 

Third-Party Platforms

Marketing services may involve the use of third-party platforms, including search engines, social media platforms, advertising networks, analytics providers, email marketing systems, and software providers.

 

We are not responsible for changes made by such platforms, including policy updates, account suspensions, algorithm changes, reduced reach, shadow bans, service interruptions, technical failures, pricing changes, feature removals, account restrictions, or platform closures.

 

Clients remain responsible for complying with the terms and policies of any third-party platform used.

 

Client Responsibilities

Clients are responsible for providing accurate information, timely approvals, required access credentials, and lawful marketing materials.

 

Delays in providing information, approvals, feedback, or access may impact campaign performance, project timelines, reporting, and delivery schedules.

 

Clients warrant that all materials supplied to us are accurate, lawful, non-defamatory, and do not infringe any intellectual property, privacy, publicity, or other third-party rights.

 

Intellectual Property and Client Materials

The client warrants that they own or have obtained all necessary rights, licences, permissions, and consents required for the use of any content, images, videos, logos, trademarks, testimonials, reviews, data, or other materials supplied to us.

 

The Website Shop Ltd accepts no liability for intellectual property disputes arising from materials supplied by the client.

 

Advertising and Regulatory Compliance

The client remains solely responsible for ensuring that all claims, offers, promotions, competitions, testimonials, pricing information, and advertising materials comply with applicable laws, regulations, industry standards, advertising codes, consumer protection legislation, and data protection requirements.

 

The Website Shop Ltd does not provide legal or regulatory compliance advice and accepts no liability arising from non-compliant marketing materials.

 

Data Protection and GDPR

Where marketing services involve personal data, the client remains responsible for ensuring that all necessary consents, lawful processing grounds, privacy notices, cookie notices, and regulatory requirements have been satisfied.

 

The Website Shop Ltd shall not be liable for regulatory investigations, fines, enforcement actions, complaints, or claims arising from the client’s collection, processing, storage, or use of personal data.

 

AI-Generated Content

Where artificial intelligence tools are used in the creation of content, advertising materials, imagery, or marketing assets, we do not guarantee originality, accuracy, completeness, legal compliance, or freedom from intellectual property claims.

 

Clients are responsible for reviewing and approving all AI-assisted content prior to publication.

 

Reporting and Data

Performance reports are based on data provided by third-party platforms, software providers, analytics tools, and reporting systems.

 

While we aim to present accurate and meaningful reporting, we do not guarantee the accuracy, completeness, availability, or reliability of third-party data.

 

Cancellation and Refunds

Recurring marketing services may be cancelled at any time unless otherwise agreed in writing.

 

Cancellation does not entitle the client to a refund for work already carried out, management fees already incurred, advertising spend already committed, third-party costs already incurred, or fees already paid.

 

Any work completed up to the date of cancellation remains payable.

 

Reliance on Client Instructions

We may rely on instructions received from the client or any person reasonably believed to be authorised to act on the client’s behalf.

 

We shall not be responsible for losses arising from inaccurate, incomplete, misleading, delayed, conflicting, or unauthorised instructions.

 

Force Majeure

We shall not be liable for any delay, interruption, or failure to perform our obligations where such delay, interruption, or failure results from circumstances beyond our reasonable control, including internet outages, platform failures, cyber incidents, supplier failures, utility interruptions, labour disputes, natural disasters, acts of government, pandemics, or other force majeure events.

 

Limitation of Liability

To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with the marketing services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by the client for the specific marketing service giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim.

 

Exclusion of Business Losses

The Website Shop Ltd shall not be liable for any loss of profit, revenue, business, contracts, goodwill, reputation, anticipated savings, business interruption, loss of opportunity, loss of customers, loss of marketing opportunities, or loss of data, whether direct or indirect.

 

Exclusion of Indirect and Consequential Loss

In no event shall The Website Shop Ltd be liable for any indirect, incidental, special, punitive, exemplary, consequential, or economic loss or damage arising out of or in connection with our marketing services.

 

Time Limit for Claims

Any claim arising from or relating to marketing services must be brought within twelve (12) months of the date on which the relevant services were performed. No claim may be brought after this period.

 

Indemnity

The client agrees to indemnify and hold The Website Shop Ltd harmless from any claims, losses, damages, liabilities, costs, expenses, regulatory penalties, legal fees, or other liabilities arising from client-supplied content, advertising claims, intellectual property disputes, regulatory breaches, data protection breaches, social media activity, marketing campaigns, or misuse of third-party platforms.

 

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Ireland. The courts of Ireland shall have exclusive jurisdiction to settle any dispute arising in connection with these Terms.

 

Updated June 2026