Terms of business.
1 · Parties
These terms are between BENEROUITH & CO MEDIA LTD ("the Company"), and the client engaging the Company for the services described in the proposal or statement of work ("the Engagement").
2 · Services & deliverables
The scope, deliverables, timeline and fees for the Engagement are set out in the proposal or statement of work signed by both parties. Anything not listed there is out of scope and will be quoted separately before being undertaken.
3 · Fees & payment
Unless otherwise agreed in writing, the Company invoices on the first working day of each calendar month for work performed in the preceding month. Invoices are payable within 14 days of issue. Late payment may suspend ongoing work and accrue statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998.
4 · Refunds & cancellations
Advertising campaign services are supplied to business clients on the basis of agreed statements of work; statutory consumer cancellation rights do not apply. Either party may cancel the Engagement on thirty (30) days' written notice. On cancellation:
- Fees for work performed up to the effective date of cancellation remain payable.
- Media spend already committed with publishers, platforms or media owners is non-refundable to the extent it cannot be cancelled.
- Pre-paid retainer fees relating to work not yet performed will be refunded, less any non-cancellable third-party costs.
- Refunds are processed to the original payment method within 14 days of the final reconciliation.
5 · Approvals
The Company operates on the basis of a single named client lead with authority to give creative and budget approvals. Material delays in approvals may shift agreed delivery dates.
6 · Intellectual property
On full payment of all fees relating to the Engagement, the Company assigns to the client all rights in the final delivered work, save for (i) third-party assets licensed for the project (which remain subject to their respective licences), and (ii) the Company's general tools, methods and pre-existing intellectual property. The Company retains the right to display the delivered work in its portfolio and case studies, unless agreed otherwise in writing.
7 · Confidentiality
Each party undertakes to keep the other's confidential information confidential and to use it solely for the purposes of the Engagement.
8 · Liability
The Company's total liability arising under or in connection with the Engagement is limited to the fees paid by the client to the Company in the twelve (12) months preceding the event giving rise to the claim. Neither party excludes liability that cannot lawfully be excluded.
9 · Scope of business
The Company provides advertising agency and media representation services only (UK SIC 73110 and 73120). The Company does not provide financial services, investment advice, crypto services, gambling, adult content or regulated lending.
10 · Termination
Either party may terminate the Engagement on thirty (30) days' written notice. The client remains responsible for fees for work performed up to the effective date of termination and for any non-cancellable third-party costs already committed.
11 · Governing law
These terms are governed by the laws of England & Wales and the parties submit to the exclusive jurisdiction of the courts of England & Wales.