Terms & Conditions

1. Services Overview

Marketick provides the following professional services:

1.1 CRM Solutions

• Custom CRM implementation and configuration
• CRM optimization and system audits
• CRM migration and data integration
• CRM training and user adoption programs

1.2 Revenue Operations (RevOps)

• Revenue operations strategy and implementation
• Sales, marketing, and customer success alignment
• Process design and workflow automation
• Performance analytics and reporting infrastructure

1.3 Marketing Operations

• Marketing automation setup and optimization
• Campaign workflow design and implementation
• Lead scoring and nurturing systems
• Marketing analytics and attribution modeling

1.4 Sales Operations

• Sales process optimization and automation
• Pipeline management and forecasting systems
• Deal workflow and approval processes
• Sales enablement and efficiency improvements

1.5 Customer Success Operations

• Customer success platform implementation
• Retention and expansion workflow automation
• Health scoring and early warning systems
• Customer journey mapping and optimization

1.6 AI-Powered Automation

• Intelligent workflow automation
• AI-enhanced data analysis and insights
• Predictive analytics and forecasting
• Process optimization using AI tools

1.7 Consulting Services

• Strategic consulting and advisory
• Technology stack evaluation and recommendations
• Organizational design for operations teams
• Change management and implementation support

2. Engagement Process

2.1 Initial Consultation

• Free 30-minute discovery call to assess needs
• No obligation to proceed with services
• Confidential discussion of business challenges

2.2 Proposal and Agreement

• Written proposal outlining scope, deliverables, timeline, and fees
• Formal service agreement or statement of work (SOW)
• Client approval required before work begins

2.3 Project Execution

• Collaborative approach with regular communication
• Milestone-based delivery where applicable
• Client involvement and feedback throughout

2.4 Completion and Handover

• Final deliverables and documentation provided
• Training and knowledge transfer as specified
• Post-project support period (as defined in agreement)

3. Client Responsibilities

To ensure successful project delivery, clients agree to:

3.1 Information and Access

• Provide accurate and complete information about business needs
• Grant timely access to necessary systems, data, and platforms
• Provide access to key stakeholders for interviews and workshops
• Share relevant documentation and historical data

3.2 Timely Response

• Respond to requests for information within agreed timeframes
• Attend scheduled meetings and review sessions
• Provide feedback on deliverables promptly
• Approve key decisions within reasonable timeframes

3.3 Resources

• Assign internal resources or point of contact as needed
• Ensure availability of technical personnel for implementation
• Provide necessary licenses and credentials for platforms
• Facilitate internal stakeholder engagement

3.4 Compliance

• Ensure all information provided complies with applicable laws
• Obtain necessary permissions for data access and processing
• Maintain appropriate licenses for software and platforms
• Comply with contractual obligations to third-party vendors

4. Fees and Payment Terms

4.1 Fee Structure

Our services may be priced using one or more of the following models:

• Fixed Project Fee: One-time fee for defined scope
• Hourly Rate: Time-based billing for consulting or support
• Monthly Retainer: Ongoing support and services
• Value-Based Pricing: Fee based on project complexity and value delivered

4.2 Payment Schedule

Unless otherwise specified in the service agreement:

• Project-Based: 50% deposit upon agreement signing, 50% upon completion
• Retainer: Payment in advance on monthly basis
• Hourly: Invoiced monthly based on time tracked
• Milestone-Based: Payment tied to completion of defined milestones

4.3 Payment Methods

We accept payment via:

• Bank transfer (preferred method)
• Credit/debit card
• PayPal or other digital payment platforms

4.4 Late Payment

• Invoices are due within 14 days of issue unless otherwise specified
• Late payments may incur interest at 8% above Bank of England base rate
• We reserve the right to suspend services for overdue accounts
• Collection costs for overdue amounts will be borne by the client

4.5 Expenses

Unless included in the project fee, the following may be invoiced separately:

• Third-party software licenses and subscriptions
• Travel expenses (if site visits are required)
• External contractor or specialist costs
• Training materials and resources

5. Intellectual Property Rights

5.1 Client-Owned IP

You retain all rights to:

• Your business data, customer information, and proprietary content
• Your brand assets, trademarks, and intellectual property
• Pre-existing materials provided to us for the project

5.2 Marketick-Owned IP

We retain rights to:

• Our proprietary methodologies, frameworks, and processes
• Templates, tools, and resources developed independently
• Pre-existing intellectual property used across multiple clients
• General knowledge and expertise gained through projects

5.3 Project Deliverables

Upon full payment:

• You receive full rights to custom deliverables created specifically for you
• This includes configurations, workflows, dashboards, and documentation
• We retain the right to use anonymized learnings for future client work
• We may showcase non-confidential aspects as case studies (with permission)

5.4 Third-Party Licenses

• Some solutions may include third-party software or components
• You are responsible for obtaining and maintaining necessary licenses
• We do not warrant or support third-party software
• Compliance with third-party terms is your responsibility

6. Confidentiality

6.1 Mutual Obligations

Both parties agree to:

• Keep confidential information strictly private
• Use confidential information only for the intended purpose
• Protect information with the same care used for own confidential data
• Limit access to employees and contractors with a legitimate need to know

6.2 Confidential Information Includes

• Business strategies, plans, and financial information
• Customer data, CRM data, and proprietary databases
• Technical specifications, processes, and methodologies
• Trade secrets and non-public information

6.3 Exceptions

Confidentiality obligations do not apply to information that:

• Was publicly available at time of disclosure
• Becomes public through no fault of the receiving party
• Was independently developed without use of confidential information
• Must be disclosed to comply with legal requirements

6.4 Duration

Confidentiality obligations continue for 3 years after termination of the agreement, or indefinitely for trade secrets.

7. Data Protection and Security

7.1 Data Processing

• We process your data in accordance with our Privacy Policy
• For CRM services, we act as a data processor under your instructions
• We comply with GDPR, UK Data Protection Act 2018, and applicable laws
• A Data Processing Agreement (DPA) is provided for relevant services

7.2 Security Measures

We implement appropriate technical and organizational measures:

• Secure access controls and authentication
• Encryption of data in transit and at rest
• Regular security audits and updates
• Staff training on data protection
• Incident response procedures

7.3 Data Breach Notification

In the event of a data breach:

• We will notify you without undue delay (within 72 hours where feasible)
• We will provide details of the breach and potential impact
• We will take immediate steps to mitigate the breach
• We will cooperate in any required regulatory notifications

8. Warranties and Disclaimers

8.1 Our Warranties

We warrant that:

• Services will be performed with reasonable skill and care
• We have the necessary expertise and qualifications
• Work will conform to the specifications in the service agreement
• We have the right to provide the services

8.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Services are provided "as is" without warranties of any kind
• We do not guarantee specific business outcomes or results
• We are not responsible for client's use or misuse of deliverables
• Third-party platforms and tools are provided without warranty
• We do not warrant that services will be uninterrupted or error-free

8.3 No Guarantee of Results

While we strive for excellence:

• We cannot guarantee specific business outcomes (e.g., increased revenue, conversion rates)
• Results depend on multiple factors outside our control
• Client's execution, market conditions, and competition affect outcomes
• Past performance and case studies do not guarantee future results

9. Limitation of Liability

9.1 Maximum Liability

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR THE SPECIFIC PROJECT IN QUESTION.

9.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR:

• Loss of profits, revenue, or business opportunities
• Loss of data or corruption of data (except due to our gross negligence)
• Indirect, consequential, special, or punitive damages
• Business interruption or loss of goodwill
• Third-party claims or losses

9.3 Exceptions

Limitations do not apply to:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Breach of confidentiality obligations
• Liability that cannot be excluded by law

9.4 Client Responsibility

You are responsible for:

• Backing up your data before we perform any work
• Testing configurations in non-production environments
• Validating deliverables meet your requirements
• Obtaining insurance for your business risks

10. Indemnification

10.1 Client Indemnification

You agree to indemnify and hold us harmless from claims arising from:

• Your breach of these Terms or service agreement
• Your misuse of deliverables or services
• Your violation of third-party rights or applicable laws
• Inaccurate or incomplete information you provided

10.2 Marketick Indemnification

We agree to indemnify you from claims that:

• Our deliverables infringe third-party intellectual property rights
• Result from our gross negligence or willful misconduct
• Arise from our breach of confidentiality obligations

11. Term and Termination

11.1 Project-Based Services

• Agreement begins upon signing and payment of deposit
• Continues until completion and final payment
• Either party may terminate with 14 days written notice

11.2 Retainer Services

• Agreement auto-renews monthly unless terminated
• Either party may terminate with 30 days written notice
• Fees for current month remain due upon termination

11.3 Termination for Cause

Either party may terminate immediately if:

• The other party materially breaches these Terms
• The other party becomes insolvent or bankrupt
• The other party engages in fraud or illegal activity

11.4 Effect of Termination

Upon termination:

• You pay for all services rendered up to termination date
• We deliver all completed work and project documentation
• Confidentiality and IP provisions remain in effect
• Each party returns or destroys confidential information

11.5 Refund Policy

• No refunds for completed work or services rendered
• Partial refunds may be provided for uncompleted milestones (at our discretion)
• Deposits are non-refundable once work has commenced
• Retainer fees are non-refundable

12. Change Requests and Scope Creep

12.1 Changes to Scope

• Any changes to agreed scope require written approval from both parties
• Changes may affect timeline and fees
• We will provide a change order detailing impact
• Work on changes begins only after approval and payment

12.2 Out-of-Scope Requests

Requests beyond the original scope will be:

• Documented and priced separately
• Added to the project via change order or new agreement
• Billed at standard rates unless otherwise negotiated

13. Third-Party Services and Platforms

13.1 Platform Dependencies

Our services often involve third-party platforms (e.g., HubSpot, Salesforce):

• You are responsible for platform licenses and subscriptions
• We are not liable for platform downtime, changes, or issues
• Changes to platform features may affect our deliverables
• You must comply with platform terms of service

13.2 Integrations

• We implement integrations based on available APIs and documentation
• Third-party API changes may break integrations
• Ongoing maintenance may require additional fees
• We recommend regular review and updates

14. Force Majeure

Neither party shall be liable for failure to perform due to circumstances beyond reasonable control, including:

• Natural disasters, pandemics, or acts of God
• War, terrorism, riots, or civil unrest
• Government actions, laws, or regulations
• Internet or telecommunications failures
• Strikes or labor disputes

The affected party will notify the other promptly and resume performance when possible.

15. Dispute Resolution

15.1 Good Faith Negotiation

• Disputes will first be addressed through good faith discussions
• Senior representatives from both parties will attempt resolution
• 30 days allowed for negotiation before escalating

15.2 Mediation

• If negotiation fails, parties agree to mediation
• Mediation conducted under Centre for Effective Dispute Resolution (CEDR) rules
• Costs of mediation split equally unless otherwise agreed

15.3 Arbitration or Litigation

• If mediation fails, disputes may proceed to arbitration or court
• Governed by the laws of England and Wales
• Courts of England and Wales have exclusive jurisdiction

16. General Provisions

16.1 Entire Agreement

These Terms, together with any service agreement or SOW, constitute the entire agreement and supersede all prior discussions and agreements.

16.2 Amendments

We may update these Terms from time to time. Significant changes will be communicated via email or website notice. Continued use constitutes acceptance.

16.3 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

16.4 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

16.5 Assignment

You may not assign your rights or obligations without our written consent. We may assign to affiliates or in connection with a business transfer.

16.6 Independent Contractors

We are independent contractors. Nothing creates a partnership, joint venture, or employment relationship.

16.7 Notices

All notices must be in writing and sent to:

• Email: hello@marketick.co.uk
• Website: www.marketick.co.uk
• Address: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ

17. Acceptable Use Policy

When using our website or services, you agree NOT to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit malware, viruses, or harmful code
• Attempt unauthorized access to systems or data
• Use services for illegal or unethical purposes
• Harass, abuse, or harm others
• Impersonate others or misrepresent affiliation
• Scrape or automatically collect data from our website
• Reverse engineer or decompile our deliverables

Violation may result in immediate termination and legal action.

18. Testimonials and Case Studies

18.1 Permission to Feature

With your permission, we may:

• Feature your company as a client (with logo)
• Create case studies showcasing results (anonymized or attributed)
• Use testimonials and quotes in marketing materials
• Share project highlights on our website and social media

18.2 Approval Process

• We will seek your written approval before publishing
• You have the right to review and request changes
• You may withdraw permission at any time
• We will remove materials upon request

19. Governing Law

These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

20. Contact Information

For questions, concerns, or notices regarding these Terms: