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Cain Agency – Standard Terms and Conditions

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By instructing Cain Agency, you agree to be bound by these Terms together with any proposal, statement of work, Cain Agency’s standard Contract of Sale, non-disclosure agreement (NDA), or other written agreement issued in connection with your project (together, the “Agreement”).

Cain Agency operates with a default NDA and Contract of Sale. Where required, Cain Agency may accept a client NDA or agree a mutually acceptable NDA. Likewise, Cain Agency’s standard Contract of Sale applies unless otherwise expressly agreed in writing.

Different services may require different supporting paperwork, including NDAs and/or Contracts of Sale, which must be signed where applicable prior to commencement of work.

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1. Scope of Services

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Cain Agency provides full-service marketing and commercial services including (but not limited to):

• Strategy and consultancy

• Branding and creative

• Graphic design and content creation

• Website and digital development

• Advertising campaign creation and management

• Media buying and platform management

• Social media, search and performance marketing

Specific deliverables, fees, milestones and timelines will be outlined in written proposals or contracts.

No work is deemed authorised until confirmed in writing.

 

2. Fees, VAT and Advertising Spend

 

 

All fees are exclusive of VAT unless stated otherwise.

Advertising budgets, media spend, platform costs and third-party fees are separate from Cain Agency’s service fees unless expressly included in writing.

You acknowledge that:

• Digital platforms and media providers are third parties outside Cain Agency’s control

• Cain Agency provides no guarantees of outcomes, performance, conversions or revenue

• All advertising spend becomes non-refundable once committed

Cain Agency reserves the right to require advertising budgets to be prepaid.

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3. Payments

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Invoices are payable within the timeframe stated on the invoice or Agreement.

Cain Agency may:

• Charge statutory interest on overdue balances

• Recover reasonable debt collection costs

• Suspend work and withhold deliverables until payment is received

• Pause or remove live digital assets or campaigns for non-payment

All deposits are non-refundable unless expressly agreed in writing.

 

 

4. Client Responsibilities

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You agree to:

• Provide accurate information and materials promptly

• Respond to feedback requests in reasonable time

• Obtain permissions for any supplied content

• Ensure all supplied information is lawful and truthful

Delays caused by you may extend timelines and incur additional charges.

 

5. Proofs, Reviews and Approvals

 

Drafts, proofs or previews may be provided.

You are responsible for checking accuracy.

Cain Agency is not liable for errors approved by you.

Approval (written or implied) constitutes acceptance of that stage of work.

Additional revisions outside agreed scope are chargeable.

 

6. Intellectual Property

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Unless otherwise agreed in writing:

• All concepts, working files, designs, source code, strategies and materials remain the property of Cain Agency until paid in full

• Upon full payment, you receive a licence to use final approved deliverables solely for their intended purpose

• Cain Agency retains ownership of underlying methods, frameworks and know-how

Cain Agency may display completed work for portfolio and promotional purposes unless restricted by NDA.

 

7. Client-Supplied Materials

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You warrant that any content you provide:

• Does not infringe third-party rights

• Is lawful and accurate

You indemnify Cain Agency against all claims arising from your materials or instructions.

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8. Advertising & Performance Disclaimer

 

Cain Agency does not guarantee:

• Sales, leads or conversions

• Platform approval of content

• Continued availability of accounts

• Algorithm performance

Results depend on market conditions, competition, budgets and third-party platforms.

Cain Agency is not liable for account suspensions, rejected content, platform outages or policy changes.

 

9. Third Parties

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Cain Agency may engage subcontractors or suppliers.

We are not responsible for failures or delays caused by third parties, hosting providers, software platforms or external services.

Third-party costs are non-refundable.

 

10. Digital Services

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Where applicable:

• Delivery dates are estimates only

• Compatibility is targeted for current mainstream browsers at development time

• Cain Agency does not guarantee uninterrupted uptime or security

• Hosting, domains and third-party software are excluded unless stated

You must not use any delivered digital work for unlawful, misleading, abusive or excessive traffic activities.

Cain Agency may suspend services where misuse is reasonably suspected.

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11. Claims

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Any defects or issues must be reported in writing within 14 days of delivery.

Cain Agency has no liability for claims raised outside this period.

 

12. Limitation of Liability

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To the fullest extent permitted by law:

• Cain Agency excludes all implied warranties

• We are not liable for indirect or consequential losses including loss of profit, business, data or goodwill

• Total liability is limited to the fees paid for the specific services giving rise to the claim

Nothing limits liability for death or personal injury caused by negligence, fraud, or anything that cannot be excluded under English law.

 

13. Confidentiality and NDA

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Cain Agency operates with a standard NDA.

Where appropriate, Cain Agency may accept a client NDA or agree a mutually acceptable NDA.

Where no NDA exists, both parties agree to treat commercially sensitive information as confidential.

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14. Compliance with Law (UK and International Clients)

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Cain Agency operates in accordance with UK law.

You acknowledge and agree that:

• All materials, instructions and business activities must comply with applicable UK law

• International clients remain responsible for ensuring compliance with laws and regulations in their own jurisdictions

• Cain Agency accepts no responsibility for overseas legal requirements

Cain Agency will not knowingly produce or distribute unlawful, misleading, defamatory, obscene, extremist or fraudulent content.

You remain solely responsible for the legality of your products, services and claims.

You agree to indemnify Cain Agency against any losses, claims, penalties or costs arising from non-compliant content supplied or approved by you.

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15. Financial Services Clients (FCA Acknowledgement)

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Where you operate within financial services or other regulated industries:

• Cain Agency acknowledges the role of the Financial Conduct Authority (FCA)

• You remain fully responsible for ensuring all content, claims and materials are compliant and appropriately approved prior to publication

• Cain Agency may, where requested or deemed appropriate, assist with compliance checks, which may incur additional costs due to time and resource requirements

Cain Agency relies on client confirmations of compliance and accepts no liability for regulatory breaches arising from client-provided information or approvals.

 

16. Suspension and Termination

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Cain Agency may suspend or terminate services immediately for:

• Non-payment

• Breach of Agreement

• Illegal or unethical use of services

Upon termination, all outstanding fees become immediately payable.

 

17. Insolvency

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If you become insolvent or unable to pay debts, Cain Agency may terminate immediately and invoice for all work completed.

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18. Force Majeure

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Cain Agency is not liable for delays or failures caused by events beyond reasonable control including acts of God, power failures, strikes, supplier failure or platform outages.

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