Terms of business

Last updated: on publication. These terms are written to be read, not to be impenetrable — but they are still a contract. They have been drafted as a working document and should be reviewed by a solicitor before you rely on them commercially.

1. Who these terms are between

These terms are between FJP CONSULTANCY, a private limited company registered in England and Wales under number TO BE COMPLETED, whose registered office is at 54 Leathermarket Court, London SE1 3HS, United Kingdom (“we”, “us”, “our”), and the business placing the order (“you”, “the client”).

They apply to every engagement ordered through this site and override anything to the contrary in your own purchase terms unless we have agreed otherwise in writing.

2. Business customers only

We supply services to businesses. By ordering you confirm you are acting for purposes relating to your trade, business, craft or profession, and that you have authority to bind the entity named on the order.

Because this is a business-to-business supply, the statutory cancellation rights that apply to consumers do not apply. Our own cancellation terms are in clause 9, and they are more generous than nothing.

3. What we supply

We supply paid acquisition services: strategy, media buying, advertising creative production, tracking and reporting across third-party advertising platforms. The specific scope is whatever you selected at checkout — engagement type, package, primary channel, support level, onboarding and any add-ons — as confirmed in your order.

Package contents, response times and delivery timescales are those published on the pricing page at the time of your order.

4. Orders and when the contract starts

Placing an order is an offer to buy. The contract comes into existence when we confirm the engagement, which we do within 24 hours of payment. If we cannot take the engagement on — because the scope does not fit, because your budget is below the level at which the package works, or for any other reason — we will tell you and refund you in full.

5. Fees, VAT and payment

All prices on the site are in pounds sterling and exclusive of VAT. We are not currently charging VAT; if our VAT status changes, VAT will be added at checkout and shown separately before you pay.

Payment is taken as follows:

• Monthly retainer: the first month, plus any onboarding and add-ons, is paid at the point of order. Later monthly instalments are invoiced, payable within 30 days.
• Launch sprint and one-off projects: the whole fee is paid at the point of order.

Payment is processed by SumUp on a page they host. We do not receive or store your card details.

Late payment of an invoice entitles us to interest and reasonable recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998, and to suspend the services under clause 12 until the account is settled.

6. Media spend is yours and is not our fee

Our fees buy our work. They do not include what you spend on advertising. Media budget is funded by you directly on your own advertising accounts, paid by you to the relevant platform, and never invoiced by us. We take no commission or percentage of it.

The minimum monthly media budget published against each package is guidance, not a contractual commitment by you. It is the level below which we do not believe that package can pay for itself, and we may recommend a smaller package or decline the engagement if actual spend falls materially below it.

7. What we need from you

We cannot start until you have provided the access listed at order, which is:

• Admin access to the Meta Business Manager
• Admin access to Google Ads and Google Analytics 4
• Access to the ecommerce platform or CMS
• Access to the domain DNS, for server-side tracking
• Media budget funded directly on the advertising accounts

Our stated kick-off time of 5 working days, and any delivery timescale for a project, runs from the day we receive complete access — not from the date of your order. Delays caused by access, approvals or information not being provided extend our timescales accordingly.

You are responsible for the accuracy and legality of what you ask us to advertise: product claims, pricing, availability, and compliance of your own site and offering with applicable law and advertising codes.

8. Term, renewal and notice

A retainer runs for the committed term selected at order. During that term it cannot be ended early other than under clause 12.

At the end of the committed term the retainer continues on a rolling monthly basis. Either of us may then end it by giving 30 days' written notice, expiring at the end of a monthly period. Work already invoiced or in progress at the point notice takes effect remains payable.

A launch sprint and a one-off project end on delivery. Neither renews.

9. Cancellation before we start

You may cancel free of charge, with a full refund, up to 48 hours before the agreed kick-off date.

If you cancel after work has begun, we retain 50% of the fee for the month or project already under way, reflecting work already performed, and refund the balance. Onboarding fees are not refundable once the onboarding has taken place.

10. Ownership of accounts, data and deliverables

You own your advertising accounts, Business Manager, pixels, tracking configuration, historical performance data and brand assets. We work inside your accounts, not ours. Nothing in this agreement transfers any of that to us at any point.

Intellectual property in deliverables we create specifically for you — advertising creative, copy, landing pages, tracking implementations, written strategy and reports — transfers to you on payment in full for the engagement under which they were produced. Until payment, you have a licence to use them for the engagement only.

We keep ownership of our own pre-existing methods, templates, frameworks and tooling. Where a deliverable incorporates any of them, you receive a perpetual, non-exclusive, royalty-free licence to use it as part of that deliverable.

On request at the end of an engagement we will hand over creative source files and tracking documentation. We may refer to the work in general terms in our own marketing unless you tell us in writing not to.

11. Confidentiality and data protection

Each of us will keep the other's confidential information confidential and use it only for the engagement. This does not apply to information that is public through no fault of the recipient, or that must be disclosed by law.

Where we process personal data on your behalf — customer lists uploaded for audience matching, for example — we do so as a processor on your documented instructions, and the privacy policy sets out how. Each of us will comply with the UK GDPR and the Data Protection Act 2018. You are responsible for having a lawful basis for any personal data you ask us to use in advertising.

12. Suspension and termination for cause

Either of us may end the agreement immediately in writing if:

• the other commits a material breach that is not remedied within 14 days of written notice;
• the other becomes insolvent, enters administration or ceases to trade.

We may additionally suspend the services if an invoice is more than 14 days overdue, if access we need is withdrawn, or if continuing would in our reasonable opinion breach an advertising platform's policies or applicable law.

13. What we do and do not promise

We will perform the services with reasonable care and skill, by suitably qualified people, in line with what a competent specialist agency would do.

We do not guarantee results. No return on ad spend, cost per acquisition, revenue, ranking or volume figure is promised, and any forecast or benchmark we discuss is an estimate rather than a commitment. Advertising performance depends on your product, pricing, margin, website, competition and on third-party platforms whose behaviour, policies, algorithms and pricing are outside our control.

We are not responsible for the acts, omissions, outages, policy decisions, account suspensions or data reporting of advertising platforms and other third-party services. Your use of those platforms is governed by your own agreements with them, and you remain responsible for complying with their policies.

14. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.

Subject to that, neither of us is liable to the other for loss of profit, loss of revenue, loss of anticipated savings, loss of business or goodwill, or for any indirect or consequential loss, however caused.

Subject to that, our total liability arising out of or in connection with the agreement — in contract, tort (including negligence), breach of statutory duty or otherwise — is limited to the total fees paid by you to us under the engagement in question in the 12 months preceding the event giving rise to the claim.

For the avoidance of doubt, our liability does not extend to media spend, which is paid by you to third-party platforms and never forms part of our fees.

15. Non-solicitation

During the engagement and for six months afterwards, neither of us will directly solicit for employment any individual of the other who has been materially involved in the engagement. A general public advertisement not targeted at that individual is not a breach.

16. Subcontracting and assignment

We may use subcontractors — creators, editors, specialists — and we remain responsible for their work as if it were our own. Neither of us may assign the agreement without the other's written consent, which will not be unreasonably withheld.

17. Events outside our control

Neither of us is liable for failure or delay caused by something outside our reasonable control, including platform outages, third-party service failures, industrial action, and acts of government. If such an event lasts more than 30 days, either of us may end the affected engagement by written notice, and we will refund fees paid for services not yet delivered.

18. Notices

Notices under these terms must be in writing and may be sent by email — to hello@fjp-consultancy.com for us, and to the address given on your order for you. Email notices take effect on the next working day after sending.

19. Whole agreement and changes

These terms, together with your order confirmation, are the whole agreement between us on their subject matter and replace anything said or written beforehand. Neither of us relies on any statement not set out in them.

We may update these terms for future orders. The version that applies to an engagement is the one published when that order was placed. Changes to a live engagement need both our agreement in writing.

If any provision is found to be unenforceable, the rest continues to apply. Someone who is not a party to the agreement has no rights under the Contracts (Rights of Third Parties) Act 1999.

20. Governing law

These terms and any dispute arising out of them, including non-contractual disputes, are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction.

Before starting proceedings, we each agree to raise the issue in writing and give the other 14 days to resolve it. Most things resolve at that stage.

21. Free onboarding

Where you select "Self-serve onboarding", no onboarding fee is charged, and the kick-off timescale still runs from the point we receive complete access.