BLACKMOUNT MARKETING LIMITED

Terms and Conditions

Last updated: 21 October 2026

1. About these terms

These Terms and Conditions govern the provision of services by Blackmount Marketing Limited ("Blackmount", "we", "us" or "our") to business customers ("you" or "the Client").

Blackmount Marketing Limited is registered in England and Wales under company number 17312601. Its registered office is:

Radley House
Grangefield Industrial Estate
Pudsey
England
LS28 6LE

Contact: info@blackmountmarketing.com

These terms apply to business customers acting in the course of their trade, business, craft or profession. They are not intended for consumer contracts.

By accepting a quotation, signing a proposal, entering into a service agreement, paying an invoice or instructing us to begin work, you agree to the applicable terms, together with any agreed proposal, statement of work or service schedule.

If a signed agreement or accepted proposal expressly conflicts with these terms, the specific agreed provision will take precedence to the extent of that conflict.

2. Our services

Blackmount provides digital marketing and business growth services, which may include:

• Website design, development, maintenance and optimisation.

• Search engine optimisation (SEO).

• Social media management and content creation.

• Paid advertising management, including Meta and Google advertising.

• Campaign strategy, creative production and performance reporting.

• Promotional video production and related marketing assets.

• Domain-related services and trademark registration assistance.

• Access to client reporting tools and digital client portals.

• Other services agreed in writing.

The exact services, deliverables, timescales, fees and responsibilities will be set out in the applicable quotation, proposal, order or written agreement.

We may recommend additional services where we reasonably consider them beneficial. Additional work will only be chargeable where agreed with the Client.

3. Quotations and acceptance

Unless otherwise stated, quotations are valid for 30 days from their issue date.

A quotation is based on the information available at the time. If the scope, requirements, deliverables or assumptions change, we may provide a revised quotation.

We may decline an instruction where we reasonably consider it unlawful, misleading, technically infeasible, incompatible with a third-party platform's rules or otherwise inappropriate for our services.

4. Fees, invoices and payment

Fees will be set out in the applicable quotation, proposal, order or written agreement.

For recurring monthly services:

a. Fees are payable monthly in advance unless otherwise agreed in writing.

b. The agreed billing date and payment method will be confirmed during onboarding or in the applicable order.

c. The monthly fee covers the agreed services and does not automatically include advertising expenditure, external software subscriptions, stock assets, printing, hosting, domain renewals, third-party production costs or other external expenses.

d. Any additional work or expenditure outside the agreed scope must be authorised by the Client before it is incurred, except for expenditure expressly authorised in advance under an agreed budget.

For project work, deposits, milestone payments and final balances will be set out in the relevant quotation or statement of work.

Invoices must be paid by the due date stated on the invoice or in the applicable agreement.

If an invoice is overdue, we may, after giving appropriate notice:

• Charge interest and recover eligible debt-recovery costs in accordance with applicable UK commercial late-payment legislation.

• Suspend work, campaign management, reporting or other affected services until overdue sums are paid.

• Withhold delivery or transfer of unpaid deliverables to the extent legally permitted.

• Recover reasonable costs incurred in pursuing overdue payments.

We will not exercise these rights in a way that overrides any applicable legal requirement.

5. Advertising expenditure and third-party charges

Advertising expenditure is separate from Blackmount's management fees unless the relevant agreement expressly states otherwise.

Depending on the agreed arrangement:

a. The Client may pay advertising platforms directly through its own payment method and advertising account; or

b. The Client may pay Blackmount an agreed amount to administer advertising expenditure on its behalf.

The applicable arrangement, budget, management fee and payment process should be recorded in writing.

Where Blackmount administers advertising expenditure, the Client authorises the agreed expenditure and any expressly approved adjustments. Blackmount will not intentionally exceed an agreed spending limit without the Client's approval, except where a platform's billing mechanics, delayed reporting or other circumstances outside our control cause a discrepancy. We will notify the Client of material discrepancies when reasonably practicable.

Advertising platforms may bill on different schedules, apply taxes or currency conversions, adjust delivery, or incur charges that do not exactly match a calendar-month budget.

The Client remains responsible for properly authorised advertising expenditure, including charges incurred before a campaign is paused or stopped but billed afterwards.

Unless expressly agreed otherwise, the Client is responsible for third-party subscriptions, platform charges, hosting, domains, stock assets and other external costs.

6. Monthly retainers and cancellation

Either party may terminate an ongoing monthly retainer by giving at least 30 days' written notice.

Unless a separate signed agreement specifies a different arrangement, the following applies:

a. Notice may be given by email to the usual business contact or to info@blackmountmarketing.com.

b. The notice period begins when the notice is received.

c. Fees remain payable for services and commitments falling within the applicable notice period.

d. Any agreed minimum term, project commitment or non-cancellable third-party expense remains subject to the relevant written agreement.

e. Fees already paid are not automatically refundable. Any refund will depend on the services delivered, the agreement and applicable law.

f. The parties will agree reasonable arrangements for campaign closure, transfer of assets, removal of access and handover of work.

Termination does not cancel outstanding payment obligations or charges properly incurred before termination.

7. Suspension and termination for breach

Either party may terminate an agreement by written notice if the other party commits a material breach and, where the breach can be remedied, fails to remedy it within 14 days of receiving written notice specifying the breach.

We may suspend affected services immediately where reasonably necessary to address a serious security risk, suspected unlawful activity, an instruction that creates a material legal risk, a third-party platform restriction or a material threat to our systems or other clients.

Where reasonably practicable, we will notify the Client and explain the steps required to resume services.

Termination does not affect rights or liabilities accrued before termination.

8. Client responsibilities

The Client must:

• Provide accurate information, instructions, approvals and materials reasonably required for the services.

• Ensure it has the necessary rights, licences, permissions and lawful bases to provide personal data, images, videos, customer lists and other materials to Blackmount.

• Ensure its advertising claims, offers, products, services and business practices comply with applicable law.

• Review and approve material supplied for publication or advertising within agreed timescales.

• Maintain appropriate access, security and payment arrangements for its own accounts.

• Notify us promptly of changes to account ownership, credentials, permissions, campaigns or business requirements.

• Ensure that customer data supplied for marketing or advertising may lawfully be used for the intended purpose.

Delays caused by missing information, late approvals, inaccurate instructions or unavailable client access may affect delivery dates and campaign performance. We are not responsible for resulting delays to the extent they are caused by the Client.

The Client remains responsible for the accuracy and legality of its products, services, prices, promotions, customer promises and business operations.

9. Advertising, SEO and performance

Digital marketing results depend on numerous factors, including market conditions, competition, budgets, product-market fit, pricing, website conversion rates, creative quality, platform algorithms and the Client's fulfilment and sales processes.

We will use reasonable professional skill and care when delivering the agreed services. However, unless expressly guaranteed in a signed agreement, we do not guarantee:

• A particular number of leads, enquiries, sales or customers.

• A particular return on advertising spend, cost per lead, conversion rate or revenue.

• Particular search engine rankings or search visibility.

• Continuous advertising approval, uninterrupted platform access or account availability.

• That a campaign will be profitable or achieve a particular commercial outcome.

Forecasts, projections, estimates and recommendations are planning tools, not guarantees.

We may recommend pausing, changing or reallocating campaigns where we reasonably consider it appropriate. Material changes to an agreed budget or scope require the Client's approval.

10. Third-party platforms and services

Our services may rely on third parties, including Meta, Facebook, Instagram, Google, Wix, domain registrars, hosting providers, analytics services, payment providers and other software suppliers.

Those services are subject to their own terms, technical limitations, fees and policies.

We are not responsible for decisions made independently by third parties, including account suspensions, advertising disapprovals, algorithm changes, outages, data loss within third-party systems or changes to available features, except to the extent caused by our own breach of contract or other liability that cannot lawfully be excluded.

We will use reasonable efforts to assist with platform issues where this falls within the agreed scope. Work outside that scope may require an additional quotation.

The Client remains responsible for complying with the applicable terms and policies governing its own accounts and business.

11. Websites, domains and hosting

Website deliverables, functionality, integrations, hosting arrangements, maintenance responsibilities and handover requirements will be set out in the applicable agreement.

Unless expressly included, our fees do not include ongoing hosting, domain renewals, premium software licences, third-party applications, maintenance subscriptions or future development.

The Client is responsible for checking the accuracy of website content, prices, product information, legal notices and other material it approves for publication.

Where a domain, hosting account or subscription is registered in the Client's name, the Client remains responsible for its renewal and payment. Where we administer a third-party account, the applicable ownership and transfer arrangements will be agreed in writing.

We do not guarantee uninterrupted website availability or compatibility with every browser, device, software update or third-party service.

12. Intellectual property and deliverables

The Client retains ownership of materials it provides to Blackmount, subject to any third-party rights.

Once all sums due for the relevant work have been paid in full, Blackmount assigns to the Client the intellectual property rights it owns in the final deliverables specifically created for that Client under the relevant agreement, to the extent those rights are legally assignable.

This does not transfer ownership of:

• Blackmount's pre-existing materials, methods, know-how, templates, processes or tools.

• Third-party software, fonts, stock assets, plugins, music or other licensed materials.

• Open-source software or other material subject to separate licence conditions.

• Unselected concepts, unused drafts or materials not included in the agreed final deliverables.

Where a deliverable incorporates Blackmount's pre-existing materials, we grant the Client a non-exclusive licence to use those materials as part of the deliverable for the Client's intended business purposes, subject to any applicable third-party licence restrictions.

Third-party assets remain subject to their original licences and may not be transferable.

Until full payment is received, the Client may not commercially use unpaid deliverables except with our written permission.

The Client warrants that materials it supplies do not knowingly infringe another party's rights and grants us the limited rights necessary to perform the agreed services.

13. Confidentiality

Each party must take reasonable steps to protect the other party's confidential information and use it only for purposes connected with the agreement.

This obligation does not apply to information that is publicly available other than through a breach, already lawfully known, independently developed, lawfully received from another source or required to be disclosed by law.

We may disclose confidential information to employees, professional advisers and service providers who reasonably need it for the agreed work and are subject to appropriate confidentiality obligations.

14. Data protection

Each party must comply with applicable data protection legislation.

Our handling of personal information is described in the Blackmount Marketing Privacy Policy.

Where Blackmount processes personal data on the Client's behalf as a processor, the parties must have an appropriate written data-processing agreement in place. That agreement will govern the relevant processing activities, security requirements, authorised subprocessors, assistance with individual rights requests, breach assistance and the return or deletion of personal data.

The Client is responsible for determining the lawful basis for its collection and use of customer and prospect data, providing required privacy information, and obtaining consent where legally required.

Blackmount will process personal data on the Client's documented instructions when acting as its processor, unless applicable law requires otherwise.

15. Limitation of liability

Nothing in these terms excludes or limits liability where exclusion or limitation is prohibited by law, including liability for fraud or fraudulent misrepresentation.

Subject to that rule, neither party is liable to the other for indirect or consequential losses that were not reasonably foreseeable when the contract was formed.

Neither party is liable for loss of profits, revenue, anticipated savings, business opportunity or goodwill to the extent such loss falls within the preceding exclusion and is legally capable of exclusion.

Blackmount's aggregate liability arising out of or in connection with the relevant services, whether in contract, tort (including negligence) or otherwise, is provisionally capped at the total fees paid or payable to Blackmount under the relevant statement of work during the three months preceding the event giving rise to the claim.

This proposed cap is subject to agreement in the applicable contract and does not apply to liability that cannot lawfully be limited. It must be reviewed against the scope and risk of the services before these terms are adopted as final.

The Client remains responsible for its own advertising budgets, business decisions, product claims and customer obligations, subject to applicable law and any liability properly attributable to Blackmount.

16. Events outside our reasonable control

Neither party is liable for delay or failure caused by circumstances beyond its reasonable control, including major outages, natural disasters, war, government action, widespread network failure or a third-party platform outage.

The affected party must take reasonable steps to reduce the impact and resume performance where practicable.

This clause does not remove payment obligations for services already delivered or costs properly incurred.

17. Changes to these terms

We may update these terms from time to time.

Changes will not retrospectively alter an existing agreement without the Client's agreement where such agreement is required. For ongoing services, material changes will be notified in writing and will apply from the stated effective date, subject to any contractual rights to object or terminate.

18. Complaints and disputes

If you have a concern about our services, please contact info@blackmountmarketing.com and explain the issue and the outcome you are seeking.

The parties will attempt to resolve disputes through good-faith discussion before commencing formal proceedings, unless urgent legal action is reasonably necessary.

19. General provisions

The Client may not transfer its rights or obligations under an agreement without our written consent, which will not be unreasonably withheld where appropriate.

If any provision is held invalid or unenforceable, the remaining provisions will continue to apply to the extent possible.

A failure or delay in enforcing a right does not waive that right.

These terms, together with the applicable accepted quotation, proposal, service schedule and any data-processing agreement, form the agreement between the parties concerning the relevant services.

20. Governing law and jurisdiction

These terms and any non-contractual obligations arising from them are governed by the law of England and Wales.

The courts of England and Wales will have jurisdiction over disputes arising from or in connection with these terms, subject to any mandatory legal provisions that apply.

Contact

Blackmount Marketing Limited
Company number: 17312601
Registered office: Radley House, Grangefield Industrial Estate, Pudsey, England, LS28 6LE
Email: info@blackmountmarketing.com

Websites that work, Marketing that delive