1. Acceptance of these terms
By accessing marketiqconsulting.com, contacting us, or engaging Market IQ Consulting ("Market IQ", "we", "our", "us") for services, you ("Client", "you") agree to these Terms of Service. If you don't agree, please don't use our site or engage our services.
These Terms apply alongside any signed Statement of Work (SOW) or Master Services Agreement (MSA). Where the SOW conflicts with these Terms, the SOW controls.
2. Our services
Market IQ provides digital marketing services including but not limited to:
- Search Engine Optimisation (SEO)
- Search Engine Marketing & Google Ads
- Meta (Facebook & Instagram) Ads
- Social Media Marketing & Optimisation
- Email Marketing & lifecycle automation
- Content Marketing
- Brand Positioning consulting
- Conversion Rate Optimisation (CRO) audits
Specific deliverables, timelines, and outcomes for any engagement are defined in the Statement of Work signed by both parties.
3. Engagement & Statement of Work
Every engagement begins with a free strategy call followed by a written SOW that specifies:
- Scope of work and deliverables
- Project timeline and key milestones
- Fees, payment schedule, and reimbursable expenses
- Reporting cadence and KPIs
- Out-of-scope items and change-request handling
Work begins only after the SOW is signed and the first invoice is paid (unless otherwise agreed in writing).
4. Fees & payment
Pricing models
We offer project-based, retainer, and hybrid pricing. Specifics for your engagement are in your SOW.
Invoicing
- Retainer invoices are issued on the 1st of each month, due within 7 days.
- Project invoices follow the milestone schedule in your SOW.
- Ad-spend, software licences, stock media, and similar third-party costs are passed through at cost.
Late payment
Invoices unpaid after 14 days incur a 1.5% monthly late fee (or the maximum rate permitted by law). Work may be paused until the account is current.
Refunds
Fees are non-refundable once work has commenced. If we materially fail to deliver against the SOW, we will work in good faith to remediate or — where appropriate — credit unused retainer hours.
5. Client responsibilities
To deliver results, we need timely access and inputs from you:
- Admin or analyst access to your website, ad accounts, analytics, and CRM as relevant.
- Brand assets, product information, and SME availability for content reviews.
- Approvals and feedback within agreed turnaround times.
- Truthful and lawful claims, statistics, and testimonials provided to us.
Delays caused by missing access, late approvals, or incomplete information may shift project timelines and may carry additional fees.
6. Intellectual property
Your IP
You retain all rights to your brand, content, data, and trademarks. You grant us a limited licence to use them solely to perform the services.
Our IP
Frameworks, templates, processes, dashboards, scripts, and methodologies developed by Market IQ remain our property. We grant you a perpetual, non-exclusive licence to use deliverables created specifically for you (e.g. campaign assets, copy, and reports), provided fees are paid in full.
Third-party tools
Some deliverables rely on third-party software (analytics, ad platforms, automation tools). Your use of those tools is subject to their own terms.
7. Confidentiality
Both parties agree to protect each other's confidential information using reasonable care, equivalent to how each party protects its own. This obligation survives termination of any engagement.
8. Warranties & results
We warrant that our services will be performed with reasonable skill and care by qualified professionals.
About results: Marketing depends on factors outside our control (your offer, market dynamics, ad-platform changes, search-algorithm updates, your sales team). We do not guarantee specific rankings, traffic, leads, or revenue outcomes. Any forecast or projection is an estimate, not a promise.
9. Limitation of liability
To the maximum extent permitted by law:
- Neither party is liable for indirect, incidental, consequential, or punitive damages — including lost profits, lost data, or loss of goodwill.
- Our total liability under any engagement is capped at the fees paid by you to Market IQ in the 3 months preceding the event giving rise to the claim.
- Nothing in these Terms limits liability for fraud, gross negligence, or anything that cannot be limited by law.
10. Termination
By either party
Retainer engagements may be terminated by either party with 30 days' written notice. Project engagements run through the agreed milestones unless terminated for breach.
For breach
Either party may terminate immediately if the other commits a material breach not cured within 14 days of written notice.
Effect of termination
- You pay for all work performed and expenses incurred up to the termination date.
- We hand over deliverables produced and paid for.
- We delete your data per our Privacy Policy retention rules.
11. Indemnification
You agree to indemnify Market IQ against claims arising from (a) content, products, or claims you provide that turn out to be false, misleading, or infringing, (b) your misuse of deliverables, or (c) your breach of these Terms or applicable law.
12. Governing law & disputes
These Terms are governed by the laws of the jurisdiction where Market IQ Consulting is registered, without regard to conflict-of-laws rules. The parties first attempt to resolve disputes through good-faith negotiation, then mediation, before any litigation.
13. Changes to these Terms
We may update these Terms periodically. The "Last updated" date reflects the current version. Material changes affecting active engagements will be notified in writing 30 days before they take effect.
14. Contact us
- Email: legal@marketiqconsulting.com
- General: hello@marketiqconsulting.com
- Postal: Market IQ Consulting (registered address available on request)
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