Terms & Conditions

1 About us and these terms

This website is operated by Creatiq, a business based in the United Kingdom ("Creatiq", "we", "us", "our"). You can contact us at any time by email at getcreatiq@gmail.com, and we will provide a postal address for the service of formal notices on request.

These terms and conditions ("Terms") apply to your use of this website and to any services you purchase from us. By using this website, booking a call, or purchasing a service, you confirm that you accept these Terms and agree to comply with them.

These Terms are directed at businesses. Our services are offered to businesses acting in the course of their trade, and not to consumers. By purchasing a service, you confirm that you are acting in the course of a business and have authority to bind that business.

Where we agree a separate written agreement, order form or statement of work with you, and there is any conflict between that document and these Terms, that document takes precedence to the extent of the conflict.

2 Definitions

• "Batch" means a scheduled delivery of Deliverables, ordinarily made on a Monday.
• "Concept" means a single researched design idea, comprising an angle, hook and layout.
• "Variant" means an execution of a Concept with alternative copy or layout. Each Concept is produced as five Variants.
• "Deliverables" means the static advertising creative produced by us for you under a Plan.
• "Client Materials" means the brand assets, product photography, logos, copy, guidelines, accounts, data and other materials you provide to us.
• "Plan" means the service package you have purchased, as described in section 3.
• "Onboarding Call" means the initial call at which we take your brief and from which delivery timelines run.

3 The services we provide

We produce static advertising creative for paid social media campaigns. We do not produce motion video, and we do not provide media buying, campaign management or budget management services. Responsibility for uploading, running, targeting and funding your advertising campaigns remains with you or your media buyer at all times.

Plans

Monthly volumes are stated on the basis of the number of Mondays falling within the relevant month and are therefore approximate. We commit to the weekly Concept and Variant counts stated above.

Delivery

Batches are delivered to a shared Google Drive folder, ordinarily on Monday of each week, together with a written breakdown of the Concepts included. We will notify you if a delivery date is affected by a UK public holiday.

Included with monthly Plans

Monthly Plans include competitor and market research at onboarding, angle and hook research, copywriting, iteration on Deliverables that are performing well, two rounds of revisions per Batch, and asynchronous messaging access with a target response time of 24 hours on working days. Additional items described on our website as included are provided on the same basis.

Test Batch credit

If you purchase The Test Batch and then upgrade to a monthly Plan within 14 days of delivery, the £450 fee will be credited in full against your first month's fee. This credit applies once and is not redeemable for cash.

4 Fees and payment

Fees are as stated on our website or in the order confirmation, and are exclusive of VAT where applicable. VAT will be added at the prevailing rate where we are required to charge it.

Monthly Plan fees are payable in advance and recur monthly on the anniversary of your first payment until cancelled in accordance with section 6. One-off fees are payable in advance of production.

Payments are processed by Stripe. By purchasing a Plan you authorise us, through Stripe, to charge your chosen payment method on a recurring basis where the Plan is a subscription. We do not receive or store your full card details.

If a payment fails or is not made when due, we may suspend production and delivery until payment is received. We reserve the right to charge interest on overdue sums at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998.

We may change our fees from time to time. Any change to the fee for an existing monthly Plan will be notified to you at least 30 days in advance and will take effect from your next billing date. Where you have been given a rate that is expressly stated to be locked for the duration of your engagement, that rate will be honoured for as long as your Plan remains active and uninterrupted.

5 The delivery guarantee

The guarantee operates as follows:

• The seven-day period runs from the date of the Onboarding Call.
• Where you have already paid for that month, we will refund the fee for that month in full.
• The guarantee applies once, to the first Batch of your engagement.
• The guarantee does not apply where the delay is caused by your failure to provide Client Materials, approvals or information reasonably required by us, or where a delay is caused by an event outside our reasonable control.

The guarantee is our entire liability in respect of late delivery of the first Batch.

6 Term, renewal and cancellation

Monthly Plans run on a rolling monthly basis. There is no minimum contract term beyond the current month.

You may cancel at any time by giving us 30 days' written notice by email to getcreatiq@gmail.com. Your Plan, and our obligation to deliver Batches, will continue during the notice period, and the fee for that period remains payable.

Fees already paid for a month in progress are not refundable except where the delivery guarantee in section 5 applies, or where required by law.

We may cancel or decline to renew a Plan by giving you 30 days' written notice. Where we do so, we will refund any fees paid in respect of Deliverables not yet produced.

7 Your responsibilities

To enable us to provide the services, you agree to:

• attend the Onboarding Call and provide a complete brief;
• provide Client Materials, including product photography, logos and brand guidelines, in usable formats;
• respond to requests for information, feedback or approval within a reasonable time, and ordinarily within two working days;
• ensure that the information you give us is accurate and not misleading; and
• comply with the advertising policies of any platform on which you run the Deliverables.

You warrant that you own, or have all necessary rights and licences to use and to permit us to use, all Client Materials, and that our use of them in accordance with these Terms will not infringe the rights of any third party or breach any law.

You agree to indemnify us against all liabilities, costs, expenses, damages and losses arising out of or in connection with any claim that Client Materials, or our permitted use of them, infringe the rights of a third party.

If we are delayed or prevented from providing the services because you have not met these responsibilities, we will not be liable for that delay, timelines will be extended accordingly, and the fees for the affected period remain payable.

8 Revisions and approval

Monthly Plans include two rounds of revisions per Batch. A round of revisions means a single consolidated set of change requests covering that Batch.

Revision requests should be raised within seven days of delivery of the relevant Batch. Revisions are intended to correct or refine Deliverables against the agreed brief. Requests that amount to a new brief, a change of direction, or additional Concepts beyond the Plan volume may be treated as new work and quoted separately.

If we do not receive revision requests within seven days of delivery, the Batch is deemed accepted.

9 Intellectual property

Deliverables

On receipt of payment in full for the relevant Batch, we assign to you all intellectual property rights in the Deliverables produced for you, so that you may use, adapt and distribute them without restriction.

Until payment is received in full, you are granted no licence to use the Deliverables, and any use is unauthorised.

Client Materials

You retain all intellectual property rights in Client Materials. You grant us a non-exclusive licence to use them for the purpose of providing the services.

Our materials

We retain ownership of our own tools, templates, processes, research methods and any underlying know-how, including anything of that nature used or developed in producing the Deliverables. Nothing in these Terms transfers those rights to you.

Portfolio use

We may display Deliverables we have produced, and identify you as a client, in our portfolio, website, case studies and marketing, unless you notify us in writing that you do not wish us to do so. We will not disclose your performance data or other confidential information in doing so without your written consent.

Third-party assets

Where Deliverables incorporate stock imagery, fonts or other licensed third-party assets, they are supplied subject to the terms of the relevant licence, and we will tell you where any restriction applies.

10 Confidentiality

Each party agrees to keep confidential all information of a confidential nature disclosed by the other, including business plans, performance data, pricing, product roadmaps and customer information, and to use it only for the purpose of performing these Terms.

This obligation does not apply to information which is or becomes publicly available other than through breach of these Terms, was already lawfully known to the receiving party, or is required to be disclosed by law or a regulator.

We may share your information with sub-contractors and freelancers who assist us in providing the services, provided they are bound by equivalent confidentiality obligations.

11 No guarantee of results

Advertising performance depends on a wide range of factors outside our control, including your product, pricing, offer, website, media buying, budget, audience, competition, seasonality and the algorithms and policies of the advertising platforms you use.

Any examples of work, figures, benchmarks or case studies shown on our website or in our marketing are illustrative only. They are not a promise, projection or guarantee of the results you will achieve, and past performance is not a reliable indicator of future results.

We do not guarantee that Deliverables will be approved by, or remain compliant with the policies of, any advertising platform. Platform policies change frequently and approval decisions are made by the platform, not by us. You are responsible for reviewing Deliverables for compliance with the policies and legal requirements applicable to your business, products and claims before running them.

Nothing we provide constitutes legal, regulatory, financial or tax advice.

12 Use of this website

The content of this website is provided for general information about our services. While we take reasonable care to keep it accurate and up to date, we make no warranty that it is complete, current or error-free, and the website is provided on an "as is" basis.

We own or are licensed to use all intellectual property rights in this website and its content, including text, design, graphics and layout. You may view and print pages for your own internal business use. You must not copy, reproduce, republish, frame, sell or commercially exploit any part of this website without our prior written permission.

Examples of creative work shown on this website are, unless expressly stated otherwise, speculative or concept work produced to demonstrate capability. They are not commissioned by, endorsed by, or affiliated with any brand shown. Third-party brand names and logos remain the property of their respective owners.

You must not misuse this website by knowingly introducing viruses or other malicious material, attempting to gain unauthorised access to it, or attacking it via a denial-of-service attack. We may suspend or restrict access to the website at any time without notice.

13 Limitation of liability

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.

Subject to that paragraph:

• we will not be liable to you for loss of profit, loss of sales or business, loss of anticipated savings, loss of or wasted advertising spend, loss of goodwill, loss of data, or any indirect or consequential loss, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise; and
• our total liability to you in respect of all other losses arising under or in connection with these Terms will not exceed the total fees paid by you to us in the three months immediately preceding the event giving rise to the claim.

We will not be liable for any failure or delay in performing our obligations where that failure or delay results from an event outside our reasonable control.

Except as expressly stated in these Terms, all warranties, conditions and terms implied by statute or common law are excluded to the fullest extent permitted by law.

14 Termination

Either party may terminate immediately by written notice if the other party commits a material breach of these Terms and, where the breach is capable of remedy, fails to remedy it within 14 days of being asked to do so, or if the other party becomes insolvent or ceases to trade.

We may suspend or terminate the services immediately if you fail to pay a sum due, or if we reasonably believe the Deliverables are being used unlawfully or in a manner that could damage our reputation.

On termination: any fees due up to the date of termination remain payable; rights in Deliverables already paid for in full remain with you; and sections 9, 10, 11, 13 and 18 survive termination.

15 Data protection

We process personal data in accordance with our Privacy Policy, which forms part of these Terms.

Where in the course of providing the services we process personal data on your behalf as your processor, we will process it only on your documented instructions, ensure that persons authorised to process it are subject to confidentiality obligations, implement appropriate technical and organisational security measures, and assist you in responding to requests from data subjects and regulators, in each case as required by applicable data protection law. Either party may request that a separate data processing agreement be entered into, and we will not unreasonably refuse.

16 Third-party platforms and tools

Our services rely on third-party platforms and tools, including Stripe for payments, Calendly for scheduling, and Google Drive for delivery. Your use of those services is subject to their own terms and privacy policies. We are not responsible for the availability, performance or acts of those third parties.

We may use artificial intelligence tools as part of our production process. We remain responsible for the Deliverables we supply to you under these Terms.

17 General

Changes to these Terms. We may amend these Terms from time to time. The version published on this page at the time you place an order applies to that order. Where a change materially affects an ongoing monthly Plan, we will give you at least 30 days' notice.

Entire agreement. These Terms, together with any order confirmation and any separate written agreement between us, constitute the entire agreement between us and supersede all previous discussions and representations.

Assignment. You may not assign or transfer your rights under these Terms without our written consent. We may assign or transfer our rights and obligations to another business, provided this does not adversely affect your rights.

Waiver and severance. A failure to enforce any provision is not a waiver of it. If any provision is found to be unlawful or unenforceable, the remaining provisions continue in full force.

Third-party rights. A person who is not a party to these Terms has no right to enforce any of its provisions.

Notices. Notices under these Terms may be given by email to getcreatiq@gmail.com and to the email address you have given us.

18 Governing law and jurisdiction

These Terms, their subject matter and their formation, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), are governed by the law of England and Wales.

The courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim.

Contact

If you have any questions about these Terms, contact us at getcreatiq@gmail.com.