Who we are. BritSpark is the trading name of Andreea Daniela Costache (sole trader), 57 Stanley Road, Nuneaton, CV11 5EW, UK.
Contact: contact@britspark.co.uk · +44 7761 243173 · britspark.co.uk
1) What these terms cover
These Terms apply to any proposal, quotation, statement of work (“SOW”), email confirmation, or order you accept from BritSpark for marketing services (the “Services”). If there is a conflict, the SOW/proposal takes priority over these Terms.
2) Our Services
2.1 We provide marketing services such as strategy, campaigns (e.g., Google Ads/Meta), content, landing pages, tracking/analytics setup, and reporting, as described in the SOW/proposal.
2.2 Deliverables (copy, creatives, reports, files) and timelines will be described in the SOW/proposal.
2.3 We’ll perform the Services with reasonable skill and care and in accordance with applicable laws and industry codes.
3) Your responsibilities
You will:
a) provide timely information, access and approvals;
b) ensure any materials you supply (logos, copy, images, claims) are accurate, lawful, and properly licensed;
c) comply with platform policies (Google, Meta etc.) and with privacy laws for your own sites, forms and databases;
d) obtain necessary consents for any data you share with us (e.g., customer lists for custom audiences).
We aren’t responsible for delays or issues caused by missing information or late approvals.
4) Fees, expenses & payment
4.1 Pricing model. Fees are as stated in the proposal/SOW (project fee, monthly retainer, and/or media management fee). Media spend paid to platforms (Google/Meta/etc.) is separate and paid directly by you unless agreed otherwise.
4.2 Billing.
5) Changes (scope creep)
If you request changes to scope, timelines or deliverables, we’ll confirm impact on fees and deadlines. We won’t proceed with material changes without your approval.
6) Approvals & reliance
You are responsible for final approval of ads, copy and claims. We may rely on information you provide and are not obliged to verify its accuracy.
7) Intellectual property (IP)
7.1 Pre-existing IP. Each party retains ownership of its pre-existing IP. We retain our processes, know-how, templates, and tools.
7.2 Deliverables. On full payment of all fees for a deliverable, we grant you a worldwide, perpetual, non-exclusive licence to use that deliverable for your internal business marketing. If the SOW states a full transfer/assignment, it will apply on full payment.
7.3 Third-party content. Stock assets, fonts, code, and other third-party items are licensed to you under their own terms and may carry restrictions.
7.4 Portfolio right. We may showcase non-confidential work/results (logos, creatives, case studies) in our portfolio, website, and pitches. You can opt-out by emailing contact@britspark.co.uk before project completion.
8) Data protection
Each party will comply with UK data protection law. Where we process personal data for you, we act as processor and you as controller; our Data Processing Addendum (DPA) forms part of these Terms (ask us for a copy). You confirm you have a lawful basis and appropriate transparency notices for any personal data you provide to us. For details on how we handle personal data as controller, see our Privacy Policy.
9) Confidentiality
Each party will keep the other’s confidential information secret and use it only to perform these Terms. This does not apply to information that is public, independently developed, or required to be disclosed by law.
10) Warranties & disclaimers
10.1 We warrant we will perform the Services with reasonable skill and care.
10.2 Except as set out here, the Services and deliverables are provided “as is”. We do not guarantee specific results (e.g., rankings, leads, ROAS) as they depend on many external factors.
10.3 You warrant that materials you supply do not infringe any third-party rights and comply with law and platform rules.
11) Indemnity (your materials)
You will indemnify us against claims, losses and costs arising from (a) your materials or instructions infringing law or third-party rights; (b) your breach of these Terms; or (c) your misuse of the Services or deliverables.
12) Limitation of liability
12.1 Nothing limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.
12.2 Subject to 12.1, we are not liable for: loss of profit, revenue, goodwill, data, or for any indirect or consequential loss.
12.3 Subject to 12.1, our total aggregate liability arising out of or in connection with the Services is limited to the total fees paid by you to us in the 12 months before the event giving rise to the claim.
12.4 You agree that the pricing reflects this allocation of risk.
13) Term & termination
13.1 Projects end on delivery of the agreed deliverables (and payment of all fees).
13.2 Retainers continue month-to-month unless the SOW states a fixed term. Either party may terminate on 30 days’ written notice (or as stated in the SOW).
13.3 Either party may terminate immediately for material breach not cured within 14 days of notice, or if the other becomes insolvent.
13.4 On termination, you will pay for Services performed up to the termination date and any committed third-party costs. Licences granted under clause 7.2 apply only to deliverables fully paid.
14) Suspension
We may suspend the Services for non-payment, security concerns, or suspected breach, after notifying you where reasonably possible.
15) Non-solicitation
During the engagement and for 6 months after it ends, you won’t directly solicit employment of our key personnel who worked on your account, without our consent. This does not restrict general job ads.
16) Force majeure
Neither party is liable for delay or failure caused by events beyond reasonable control (e.g., outages, platform changes, strikes, epidemics). Obligations resume when the event ends.
17) Notices
Formal notices must be sent by email to:
18) Assignment & subcontracting
We may use vetted subcontractors and remain responsible for their work. Neither party may assign these Terms without the other’s consent (not to be unreasonably withheld), except we may assign in connection with a business transfer.
19) Entire agreement; no reliance
These Terms plus the SOW/proposal are the entire agreement and supersede prior discussions. Each party agrees it has not relied on any statement not set out here (but nothing limits liability for fraud).
20) Severability & waiver
If a clause is invalid, the rest remains effective. A failure to enforce a right is not a waiver.
21) Governing law & jurisdiction
These Terms are governed by the laws of England & Wales. The courts of England have exclusive jurisdiction. Before issuing proceedings, the parties will try to resolve disputes in good faith.
