Red Marketing — Terms & Conditions

These Terms & Conditions (the “Agreement”) set out the terms on which Harvey Lake, Trading As Red Marketing provides marketing and lead‑generation services to the client named in the Proposal/Order (the “Client”). By accepting a Proposal/Order, paying the Fee and/or instructing Red Marketing to begin work, the Client accepts and agrees to be bound by this Agreement.

1. Definitions

Agreement means these Terms & Conditions together with the relevant Proposal/Order and any appendices or schedules.
Client means the person, company or other organisation named in the Proposal/Order.
Deliverables means the marketing deliverables described in the Proposal/Order (for example: prospect lists, outreach emails, campaign reports, creative assets, and any items included in the chosen package).
Campaign Month means the calendar or billing month for which the Client has paid the Fee and during which Red Marketing delivers the Services.
Fee means the total price payable by the Client for the Services as set out in the Proposal/Order.
Proposal/Order means the written quotation, order confirmation or scope document provided by Red Marketing and accepted by the Client.
Services means the lead‑generation and related digital marketing services to be provided by Red Marketing as set out in the Proposal/Order.

2. Scope of Services and Deliverables

2.1 Red Marketing will provide the Services and Deliverables expressly set out in the Proposal/Order. The Proposal/Order will include a description of the scope, the agreed start date, campaign length, and the Fee.

2.2 Red Marketing offers the following packages as standard unless a bespoke package is agreed in writing:

• Bronze: Delivery of 750 prospect records and up to 1,800 outreach emails per month.

• Silver: Delivery of 1,250 prospect records and up to 3,000 outreach emails per month.

• Gold: Delivery of 2,000 prospect records and up to 5,000 outreach emails per month.

• All packages include campaign setup, prospect research, email drafting, and campaign monitoring.

2.3 While every effort is made to ensure consistent delivery, the exact volume of emails and leads may adjust slightly to maximise engagement and quality outcomes in line with best practice.

2.4 Red Marketing will use reasonable skill and care in providing the Services in accordance with good industry practice.

3. Client Obligations

3.1 The Client will:
(a) provide timely instructions, approvals and information reasonably required by Red Marketing to carry out the Services;
(b) provide accurate and lawful details about the target audience, including any restrictions on contact (for example, opt‑ins/opt‑outs, suppressed lists, or regulated sectors);
(c) ensure all content, claims and creatives supplied to Red Marketing are lawful, accurate and do not infringe third‑party rights; and
(d) cooperate in good faith with Red Marketing and respond to reasonable requests for information within a reasonable timeframe.

3.2 The Client is responsible for ensuring the use of any Leads, data, or Deliverables complies with applicable laws (including data protection laws and marketing/anti‑spam regulations). Red Marketing will not be liable for Client’s unlawful use of Deliverables.

4. Fees, Invoicing & Payment

4.1 The Fee for the Services will be as set out in the Proposal/Order. All Fees are payable in advance and must be received by Red Marketing before any work commences. If payment is not received in full prior to the agreed start date, Red Marketing may suspend or cancel the start of Services until cleared payment has been received

4.2 Fees are quoted as inclusive of all taxes and charges applicable to a non‑VAT-registered business.

4.3 All payments shall be made in the currency stated in the Proposal/Order. Any bank charges, currency conversion costs or other fees charged to Red Marketing in respect of a Client’s payment will be borne by the Client.

4.4 No refunds will be given except as expressly provided in clause 6 (Satisfaction Guarantee).

5. Term and Termination

5.1 This Agreement begins on the date Red Marketing accepts the Client’s order and payment and continues until the Services described in the Proposal/Order have been completed, unless earlier terminated in accordance with this clause.

5.2 Either party may terminate this Agreement for material breach if the other party fails to remedy the breach within fourteen (14) days of written notice specifying the breach.

5.3 Red Marketing may immediately suspend or terminate Services if the Client:
(a) fails to pay any undisputed Fees when due; or
(b) provides content or instructions that are unlawful, infringing, or which in Red Marketing’s reasonable opinion risk damaging deliverability or reputation; or
(a) (c) repeatedly fails to provide required cooperation

5.4 Termination or expiry of this Agreement for any reason does not entitle the Client to any refund, including for partially completed Campaign Months. The Client remains liable for all Fees for Services performed up to the date of termination.

5.5 On termination or expiry:
(a) the Client will pay any unpaid Fees for Services performed up to the date of termination; and
(b) Red Marketing will deliver any completed Deliverables to the Client, provided the Client has paid the applicable Fees in full.

6. Satisfaction Guarantee (Limited)

6.1 The Satisfaction Guarantee applies only if the Client is dissatisfied with the volume or quality of leads delivered in any Campaign Month for which the Client has paid. The Client acknowledges that Red Marketing does not guarantee specific lead volumes, conversion rates, sales outcomes, or quality of leads, and that marketing outcomes are influenced by factors outside Red Marketing’s control.

6.2 To be eligible, the Client must notify Red Marketing in writing by no later than the last day of the relevant Campaign Month, clearly stating the reasons for dissatisfaction and providing any supporting evidence.

6.3 If Red Marketing, in its reasonable discretion, considers the complaint valid, it will provide a single additional Campaign Month of Services at no extra charge (the “Remedial Month”). The Remedial Month is subject to the same terms and conditions as this Agreement and will commence on a date mutually agreed by the parties.

6.4 The Satisfaction Guarantee is limited to one Remedial Month per Campaign Month complained of. It applies only to Campaign Months that the Client has paid for; free months or Remedial Months themselves do not qualify for additional free months. The Client must have complied with all obligations under Clause 3 (Client Obligations).

6.5 The Satisfaction Guarantee does not create any entitlement to refunds, discounts, or compensation beyond the single Remedial Month.

7. Intellectual Property

7.1 Unless otherwise agreed in writing, Red Marketing retains copyright and all other intellectual property rights in any methodology, processes, templates, software, scripts, and materials created or used in providing the Services (collectively, “Agency IP”).

7.2 On receipt of full payment of all Fees due, Red Marketing grants the Client a non‑exclusive, non‑transferable licence to use the Deliverables for the Client’s internal business purposes only.

7.3 Any third‑party software, licences or other assets procured on the Client’s behalf will be subject to the provider’s terms.

8. Data Protection and Privacy

8.1 The parties acknowledge that during the provision of the Services, personal data may be processed. Each party will comply with applicable data protection laws (including the UK GDPR and Data Protection Act 2018) in relation to such processing.

8.2 The Client warrants that it has the necessary lawful basis for Red Marketing to process personal data on the Client’s behalf (e.g., consent or legitimate interests) and that any data supplied to Red Marketing has been collected and may be processed in accordance with applicable law.

8.3 Red Marketing will implement reasonable technical and organisational measures to protect personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage. Red Marketing will only process personal data in accordance with the Client’s documented instructions unless required to do otherwise by applicable law.

8.4 The Client shall indemnify Red Marketing against any liability, loss, cost or expense arising from the Client’s failure to comply with its obligations under this clause.

9. Warranties, Disclaimers & Liability

9.1 Each party warrants that it has the full power and authority to enter into and perform this Agreement.

9.2 Red Marketing warrants that it will perform the Services with reasonable skill and care.

9.3 Except as expressly provided in this Agreement, all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

9.4 The Client acknowledges that digital marketing and lead generation outcomes depend on many factors outside Red Marketing’s control (including deliverability, third‑party platforms, list availability, changes in law, market conditions and client cooperation). Accordingly, Red Marketing does not warrant or guarantee specific lead volumes, conversion rates, sales outcomes or returns on investment unless expressly stated in writing in a Proposal/Order.

9.5 Subject to clause 9.6, Red Marketing’s total aggregate liability to the Client under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total Fees actually paid by the Client to Red Marketing in the twelve (12) months preceding the event giving rise to the claim.

9.6 Nothing in this Agreement shall limit or exclude either party’s liability for:
(a) death or personal injury caused by its negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be lawfully limited or excluded under applicable law.

9.7 Red Marketing will not be liable for any indirect, special or consequential loss (including lost profits, business interruption or loss of goodwill) arising out of or in connection with the Services.

10. Indemnity

The Client shall indemnify, defend and hold harmless Red Marketing (and its officers, employees and agents) from and against any losses, damages, costs (including reasonable legal fees) and expenses incurred arising out of or in connection with:
(a) any claim that materials or instructions supplied by the Client infringe a third party’s intellectual property rights;
(b) the Client’s breach of clauses 3 or 8; or
(c) the Client’s unlawful use of any Deliverables.

11. Confidentiality

11.1 Each party shall keep confidential all Confidential Information obtained from the other party and shall not use or disclose such information except as necessary to perform its obligations under this Agreement or as required by law.

11.2 Confidential Information does not include information which:
(a) is or becomes public through no fault of the receiving party;
(b) the receiving party can show was known to it prior to disclosure; or
(c) is independently developed by the receiving party.

12. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement to the extent that such delay or failure is caused by events beyond its reasonable control (including strikes, pandemics, governmental action, outages of third‑party platforms, or force majeure events). The affected party must notify the other party promptly and use reasonable endeavours to mitigate the effects of the event.

13. Communications & Notices

Any notices to Red Marketing should be sent to the email address stated on the Proposal/Order. Notices to the Client will be sent to the Client’s email address set out in the Proposal/Order. Notices are effective on receipt.

14. No Auto-Renewal (Revised)

There is no automatic renewal of any Campaign, Agreement, or Proposal. Any continuation of Services after the end of the agreed Campaign term must be explicitly agreed in writing by both parties and is subject to payment of the applicable Fees in advance.

15. Variation

No variation of this Agreement is valid unless it is in writing and signed by a duly authorised representative of each party.

16. Severability

If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

17. Entire Agreement

This Agreement (together with the Proposal/Order) constitutes the entire agreement between the parties relating to the subject matter and supersedes all prior agreements, understandings and representations.

18. Governing Law & Jurisdiction

This Agreement is governed by and shall be construed in accordance with the laws of England and Wales. The parties submit to the exclusive jurisdiction of the English courts in respect of any dispute arising out of or in connection with this Agreement.

19. Contact

Red Marketing
Harvey Lake
hello@redmarketing.org.uk

Acceptance

By accepting a Proposal/Order and/or paying the Fee, the Client confirms that it has read, understood and agrees to be bound by these Terms & Conditions.