Terms of Service
Last updated: 1st January 2025
1. Introduction
Welcome to Sparkling Twig. These Terms of Service ("Terms") govern your use of our website located at https://sparkling-twig.com and the digital marketing services provided by Sparkling Twig ("Company", "we", "our", or "us").
By accessing our website or using our services, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access our service.
2. Company Information
Sparkling Twig
Registered in England and Wales
Company Registration Number: 12345678
Registered Office: 127 Regent Street, London W1B 4HU, United Kingdom
VAT Number: GB123456789
3. Services Description
Sparkling Twig provides digital marketing services including but not limited to:
- Search Engine Optimisation (SEO)
- Pay-Per-Click (PPC) Advertising Management
- Social Media Marketing
- Content Marketing and Creation
- Digital Marketing Consultancy
- Website Analytics and Reporting
Specific service details, deliverables, and timelines will be outlined in individual service agreements or proposals.
4. Acceptance of Services
Services commence upon:
- Signed service agreement or proposal
- Receipt of initial payment or deposit
- Written confirmation of service acceptance
All service agreements are subject to these Terms unless specifically modified in writing.
5. Client Responsibilities
Clients agree to:
- Provide accurate and complete information necessary for service delivery
- Grant necessary access to websites, advertising accounts, and relevant platforms
- Respond to requests for information within reasonable timeframes
- Comply with platform terms of service (Google, Facebook, etc.)
- Ensure content provided is original or properly licensed
- Make timely payments according to agreed terms
6. Payment Terms
6.1 Fees and Payment
- All fees are quoted in British Pounds (GBP) unless otherwise specified
- Payment terms are typically 30 days from invoice date unless otherwise agreed
- Late payment charges of 1.5% per month may apply to overdue amounts
- We reserve the right to suspend services for non-payment
6.2 Refunds
Refunds are considered on a case-by-case basis. Generally:
- Setup fees and completed work are non-refundable
- Monthly retainers may be refunded on a pro-rata basis with 30 days' notice
- Third-party advertising spend is non-refundable
7. Intellectual Property
7.1 Client Content
Clients retain ownership of their original content, trademarks, and proprietary materials.
7.2 Our Work Product
Upon full payment, clients receive rights to deliverables specifically created for their project. We retain:
- Rights to methodologies, processes, and general knowledge
- Rights to use work samples for portfolio and marketing purposes
- Rights to aggregated, anonymised data and insights
8. Confidentiality
We maintain strict confidentiality regarding:
- Client business information and data
- Marketing strategies and campaigns
- Financial information and performance metrics
- Any information marked as confidential
This obligation continues beyond the termination of our business relationship.
9. Performance and Results
While we employ best practices and proven strategies:
- We cannot guarantee specific results or rankings
- Digital marketing results depend on various factors outside our control
- Performance metrics will be reported regularly and transparently
- We commit to using reasonable skill and care in service delivery
10. Limitation of Liability
To the maximum extent permitted by UK law:
- Our liability is limited to the fees paid for services in the 12 months preceding the claim
- We exclude liability for indirect, consequential, or special damages
- We are not liable for losses due to third-party platform changes or actions
- Nothing excludes liability for death, personal injury, or fraudulent misrepresentation
11. Termination
11.1 Termination by Either Party
Either party may terminate services with 30 days' written notice.
11.2 Immediate Termination
We may terminate immediately if:
- Payment is more than 30 days overdue
- Client breaches these Terms materially
- Client requests illegal or unethical activities
11.3 Post-Termination
Upon termination:
- All outstanding fees become immediately due
- We will provide final reports and transition assistance
- Client data will be returned or destroyed as requested
- Confidentiality obligations continue
12. Website Terms
12.1 Acceptable Use
When using our website, you agree not to:
- Use the site for illegal or unauthorised purposes
- Transmit viruses or malicious code
- Attempt to gain unauthorised access to our systems
- Interfere with the proper functioning of the website
12.2 Content Accuracy
While we strive for accuracy, website content is provided "as is" and may contain errors or be outdated. We reserve the right to modify content without notice.
13. Privacy and Data Protection
Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms.
14. Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control, including but not limited to:
- Natural disasters or extreme weather
- Government actions or regulations
- Internet or telecommunications failures
- Third-party platform outages or policy changes
- Pandemics or public health emergencies
15. Governing Law and Jurisdiction
These Terms are governed by English law. Any disputes will be subject to the exclusive jurisdiction of the English courts. However, we may seek injunctive relief in any jurisdiction where a breach occurs.
16. Dispute Resolution
We encourage resolution of disputes through direct communication. If formal resolution is needed:
- Initial discussions should be between senior representatives
- Mediation may be pursued before litigation
- Small claims court may be appropriate for smaller disputes
17. Changes to Terms
We may modify these Terms at any time. Material changes will be communicated via:
- Email notification to existing clients
- Website notice
- Updated "Last modified" date
Continued use of our services after changes constitutes acceptance of new Terms.
18. Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
19. Entire Agreement
These Terms, together with our Privacy Policy and any signed service agreements, constitute the entire agreement between us and supersede all prior communications and proposals.
20. Contact Information
For questions about these Terms or our services:
Sparkling Twig
127 Regent Street
London W1B 4HU
United Kingdom
Email: [email protected]
Phone: +44 20 7946 0958