Effective Date: 24th May, 2025

Welcome to NEK Media, a digital marketing agency helping our clients dominate Google. By using our website or engaging our services, you agree to these Terms & Conditions. If you do not accept these terms, please do not use our services.

Company Number: 0000004067361

Contact Email: [email protected]

1. INTRODUCTION

These Terms and Conditions (“Terms”) govern your access to and use of services provided by NEK Media (“we”, “us”, “our”), a digital marketing agency serving UK clients. By visiting our website, contacting our team, or engaging any of our services, you confirm that you have read, understood, and agreed to be bound by these Terms.

Important: Your use of our website or services constitutes full acceptance of these Terms. If you do not agree, please do not proceed with using our services.

For clarity throughout these Terms, the following definitions apply:

Applicable Law: Any laws, regulations, codes of practice, or official guidance that apply to the services we provide, whether local or national in scope.

Business Day: Any day other than a Saturday, Sunday, or UK public holiday.

Client: The individual or business that has agreed to purchase services from NEK Media, as identified in the relevant agreement or proposal.

Confidential Information: Any commercial, technical, financial, or strategic information disclosed by either party that is clearly confidential in nature or marked as such including trade secrets, plans, processes, customer data, and marketing strategies.

Contract: The formal agreement between NEK Media (“Supplier”) and the Client for the provision of services, incorporating these Terms and any agreed proposal or scope of work.

Effective Date: The date on which the contract or service agreement between NEK Media and the Client begins, as outlined in the signed proposal or initial confirmation.

Force Majeure: Any unforeseeable event or circumstance beyond a party’s reasonable control that prevents or delays the performance of their obligations — including natural disasters, cyberattacks, outages, pandemics, or governmental restrictions.

Fees: The total charges payable by the Client to NEK Media for the agreed services, as outlined in the proposal or pricing agreement.

Services: The specific marketing, SEO, digital, or automation-related services to be delivered by NEK Media, as described in the relevant proposal, contract, or package.

Supplier: NEK Media, the provider of the services outlined in these Terms.

2. SERVICES WE OFFER

NEK Media provides end-to-end digital marketing services tailored for UK business owners.

Services begin as soon as payment is received, with no physical delivery required. Our offerings include:

- Facebook Ads Setup and Management: Creation and management of Facebook ad campaigns to generate qualified leads, including ad design, audience targeting, budget optimisation and ongoing performance monitoring.

- Local and On-Page SEO (Search Engine Optimisation): Full-spectrum SEO services including in-depth keyword research, on-page optimisation, technical audits, local SEO, content enhancements, link-building strategies, and ongoing performance tracking.

- Google Business Profile Optimisation: We fully optimise your GBP listing to boost visibility on Google Maps and “near me” searches — including photos, categories, services, and more.

- AI Review Response Assistant: Automated AI tool to reply to Google reviews promptly and professionally, supporting brand reputation and engagement.

- Google Local Ads Setup and Management: Setup and management of Local Service Ads including profile setup, bidding strategy and lead tracking for qualified local enquiries.

- AI Lead Capture Tools: Installation of AI-powered chat widgets and pop-ups on the client's website to increase lead conversion from site visitors.

- Referral Campaign Setup: Launch of a referral system to encourage satisfied customers to recommend the client's services with automated follow-ups.

- Review Campaigns: SMS/email campaigns to collect 5-star Google reviews, with automated reminders to boost volume and consistency.

- AI SMS Missed Call Assistant: An automated SMS system that instantly responds to missed calls, capturing and converting leads.

All services are delivered as part of an initial 2-month package. During this period, NEK Media will carry out the full scope of services outlined in your proposal and deliver on our guarantee to rank your business in the top 3 for at least one of five agreed keywords. Services may be delivered in stages, and any delay or issue with one phase does not entitle the Client to cancel the remainder of the package.

While we aim to meet all estimated timelines, these are indicative and not binding. We are not liable for delays caused by the Client’s failure to provide required access, feedback, or materials — or due to Force Majeure events beyond our control.

At the end of the 2-month term, Clients may choose to continue on a rolling monthly subscription for ongoing support, maintenance, and continued growth. Specific deliverables and performance expectations will be outlined in your proposal or service agreement.

3. SERVICE FULFILMENT AND DELIVERY

As a digital service provider, no physical goods are shipped. Our services commence immediately upon successful payment, ensuring you experience the benefits of our expertise without delay.

4. PURCHASE CURRENCY

All prices are listed in GBP (£). All transactions and invoices will be processed exclusively in this currency.

5. PAYMENTS AND SUBSCRIPTIONS

- Services are provided under a fixed 2-month agreement. Upon completion, the Client may either terminate the Agreement or continue on a rolling monthly basis, subject to the applicable notice period.

- Unless otherwise specified in writing, standard payment terms are 14 days from the invoice date.

- Where applicable, VAT will be charged at the prevailing rate (currently 20%).

- All payments are final and non-refundable.

- Ongoing services require valid payment details to be kept on file or set up via standing order or direct debit.

- Any work requested beyond the agreed scope will be quoted separately and invoiced accordingly.

- We reserve the right to pause or suspend services if payment is not received by the due date.

- All service fees are subject to annual review and may be adjusted with 30 days’ written notice.

6. CANCELLATIONS AND REFUND

- Due to the nature of our service-based business, we do not offer refunds.

- Cancellations may only be requested following the completion of the 2-month term and are subject to the standard notice period.

- Following the initial 2-month term, the Client may cancel at any time with the required notice. Upon cancellation, services will cease at the end of the current billing cycle.

- Cancellations must be requested via email to: [email protected].

- We require a minimum notice period of 7 days.

- All outstanding invoices remain payable in full, regardless of cancellation.

- Termination or expiry of the Agreement does not affect any rights, obligations, or liabilities accrued up to the effective date of termination.

7. CLIENT RESPONSABILITIES

To ensure smooth service delivery, Clients agree to:

- Provide accurate and complete information relevant to the completion of services.

- Review and approve deliverables within agreed timelines.

- Appoint a primary point of contact authorised to make decisions.

- Respond promptly to requests and maintain clear communication throughout the agreement.

- Grant necessary access to accounts, platforms, and tools required to carry out the services.

- Ensure all provided materials comply with relevant laws and regulations.

- Inform us promptly of any issues, delays, or concerns related to service performance.

NEK Media is not liable for any delays, performance issues, or missed deadlines resulting from:

- The Client’s failure to supply required information or access.

- Unavailability of the Client or their appointed contact.

- Insufficient instructions or unclear communication from the Client.

- Events outside our control (see Force Majeure).

8. AI TOOL USE AND AUTOMATION DISCLOSURE

The Client acknowledges that some services may include the use of AI-generated content, AI voice services, automated chat tools, or AI-driven recommendations. While NEK Media takes reasonable steps to test and monitor all AI systems, we shall not be liable for:

- Inaccuracies in AI-generated responses.

- Misinterpretation of content by end-users.

- Errors in appointment scheduling, lead handling, or chatbot miscommunication.

- AI response timing or decision-making delays caused by third-party platforms.

9. PLATFORM DEPENDENCY

Our services may rely on access to third-party platforms. NEK Media is not responsible for:

- Downtime, outages, or service restrictions imposed by such platforms.

- Changes in platform terms, features, or pricing.

- Suspension or closure of third-party accounts held in the Client’s name.

NEK Media may assist in resolving such issues but is not liable for resulting losses or delays.

10. SUBCONTRACTORS & AFFILIATES

NEK Media may engage subcontractors or specialist service providers to support the delivery of certain services. All subcontractors will be subject to confidentiality and data protection obligations consistent with these Terms. NEK Media remains responsible for their performance but is not liable for delays or failures caused by unauthorised actions or omissions outside our control.

11. USE OF TESTIMONIALS AND RESULTS

By default, the Agency may, from time to time, share testimonials and results achieved as a result of the service provided for marketing purposes. The client may request that

personal, brand, or company-specific information be omitted from public testimonials or case studies.

12. CONFIDENTIALITY

Both parties acknowledge and mutually agree that confidential information may be shared during the course of this engagement.

The Client agrees to maintain strict confidentiality over all Confidential Information disclosed by NEK Media and to use such information solely for the purpose of fulfilling obligations under the Agreement.

To ensure the protection of such information and in consideration of the agreement to exchange said information, both parties shall treat the following (non-exhaustive) categories of information as confidential:

- Intellectual property (including those exclusively owned by either party, whether owned now or developed in the future).

- Business strategies and marketing plans.

- Client and prospect data.

- Financial terms and pricing structures.

- Proprietary methods, processes, and tools.

- Technical specifications, credentials, and system access.

- Customer insights, analytics, and reports.

- Customer or client information.

- Any information clearly marked or communicated as confidential.

Confidential Information shall not be disclosed to any third party without prior written consent, except where required by law, for the purpose of receiving professional legal or financial advice, or where disclosure is necessary for the proper execution of the services under this Agreement.

These confidentiality obligations shall survive termination of the Agreement and remain in effect indefinitely.

Clients shall not make public announcements or disclose terms of the agreement without NEK Media’s prior written approval, unless required by law or regulatory authority.

We take privacy seriously and comply with GDPR regulations for all collected data.

13. PRIVACY POLICY

You can view our full Privacy Policy here:

14. GDPR AND DATA HANDLING

Where NEK Media acts as a data processor on behalf of the Client, we commit to following all applicable UK data protection laws, including the GDPR.

However, the Client shall remain fully responsible for:

- Lawful collection and sharing of personal data.

- Obtaining appropriate consents and legal bases.

- The accuracy, relevance, and legality of the data provided.

- Notifying NEK Media of any changes to data handling instructions.

The Client agrees to indemnify NEK Media against any claims, penalties, or liabilities arising from breaches of data protection law caused by the Client’s actions, instructions, or failure to comply with legal obligations.

NEK Media will notify the Client within 72 hours of becoming aware of any data breach affecting Client data.

15. DATA PROTECTION

NEK Media processes personal data in accordance with all applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR), and our published Privacy Policy.

For the purposes of this Agreement:

Data Protection Laws refers to all laws, regulations, and guidance (whether legally binding or not) applicable to the processing of personal data, including:

- The UK GDPR.

- Any successor legislation, amendments, or supplements.

- Codes of conduct or guidance issued by relevant supervisory authorities

UK GDPR means the retained EU law version of the General Data Protection Regulation (Regulation (EU) 2016/679), as applied in the United Kingdom.

Protected Data refers to any personal data shared with NEK Media by the Client, or obtained during the delivery of services under this Agreement.

Sub-processor means any subcontractor, supplier, or third party engaged by NEK Media to process Protected Data on the Client’s behalf.

Unless otherwise agreed in writing, the parties acknowledge and agree that the Client is the Data Controller and NEK Media is the Data Processor for the purposes of handling Protected Data under this Agreement.

The terms “Controller,” “Processor,” “Data Subject,” “Processing,” “Personal Data Breach,” and other capitalised terms shall have the meanings given under the UK GDPR.

As a Data Processor, NEK Media shall:

- Only process personal data on the documented, lawful instructions of the Client.

- Implement and maintain appropriate technical and organisational security measures to protect Protected Data.

- Assist the Client in fulfilling its obligations regarding data subject rights (e.g. access, rectification, deletion).

- Return or securely delete all personal data at the end of the service, unless otherwise required by law.

- Permit audits or inspections relating to data protection compliance, limited to one audit request per 12-month period, subject to reasonable notice.

- Not engage any third-party Sub-processor without the Client’s prior written approval, unless such engagement is necessary for the proper completion of the services under this Agreement.

- Promptly notify the Client within 72 hours of becoming aware of any actual or suspected personal data breach.

The Client agrees to:

- Comply with all applicable Data Protection Laws at all times.

- Ensure that all personal data shared with NEK Media has been lawfully obtained with the necessary consents or legal bases in place.

- Provide data processing instructions that are compliant with applicable laws and regulations.

- Indemnify NEK Media against any claims, losses, or liabilities resulting from a breach of data protection obligations caused by the Client, its employees, or its agents.

16. INTELLECTUAL PROPERTY

Client-Owned Intellectual Property: All intellectual property provided by the Client to NEK Media, including but not limited to copyrights, trademarks, trade names, trade secrets, proprietary data, software, branding assets, and any other protected material, shall remain the sole and exclusive property of the Client.

NEK Media-Owned Deliverables: Unless otherwise agreed in writing, all materials, code, designs, strategies, automations, and content created by NEK Media in the course of delivering its services shall remain the intellectual property of NEK Media. Upon full payment, the Client is granted a non-exclusive, non-transferable license to use the deliverables solely for their intended business purpose.

Promotional Use: The Client consents to NEK Media’s use of non-confidential materials, screenshots, visuals, or project summaries for the Supplier’s own promotional purposes and for the inclusion in its portfolio, case studies, and promotional materials, unless explicitly requested otherwise in writing.

Pre-Existing Client Content: Clients retain full ownership of any pre-existing content or branding materials provided for use during the engagement. The Client warrants that it owns or has obtained all necessary rights and licenses for any materials supplied to NEK Media and is solely responsible for any third-party licensing fees.

Third-Party Assets: Any third-party elements used in the project (e.g. stock imagery, fonts, plugins, integrations) remain subject to their respective licenses. NEK Media shall not be liable for the misuse of third-party assets provided by the Client.

Usage Restrictions: Clients may not reproduce, resell, distribute, sublicense, or create derivative works from NEK Media’s deliverables without prior written consent. Any unauthorised use of NEK Media’s intellectual property may result in legal action and additional licensing fees.

Indemnity for IP Breach: The Client agrees to fully indemnify NEK Media against any losses, damages, claims, or expenses (including legal fees) arising from the Client’s misuse of NEK Media’s work or from using content for which they lack proper rights or licenses.

You have full rights to use our services as long as you are subscribed to one of our packages.

17. ANTI-DEFAMATION

Clients agree not to make or publish any false, misleading, or defamatory statements about NEK Media, its services, personnel, or business practices in any public or private forum, including (but not limited to) social media, online reviews, press publications, events, or business communications.

This includes, without limitation:

- Unsubstantiated claims regarding service quality or delivery.

- Misrepresentation of pricing or contractual terms.

- Unfounded allegations about business conduct.

- Personal attacks directed at staff or representatives.

Both parties agree not to engage in any conduct—written, verbal, or otherwise—that may reasonably be expected to harm the reputation, credibility, or financial standing of the other or their employees, agents, or affiliates.

NEK Media reserves the right to pursue legal action, including cease and desist notices or claims for damages, in response to defamatory conduct. This clause does not restrict the Client’s right to provide fair, accurate feedback or raise legitimate concerns through appropriate channels.

18. LIMITATION OF LIABILITY

NEK Media shall not be liable to the Client for any indirect, incidental, special, punitive, or consequential damages arising out of or related to the provision of services (regardless of whether such liability arises in contract, tort, breach of statutory duty, or otherwise).

This includes, without limitation:

- Loss of profits, revenue, or anticipated savings.

- Loss of business, contracts, or opportunities.

- Loss or corruption of data or content.

- Business interruption or reputational harm.

- Platform restrictions, policy changes, or algorithm updates (e.g., Google, Meta).

- Delays in results due to market conditions or industry competitiveness.

- Technical failures or third-party service outages (e.g., hosting, APIs, CRM tools).

NEK Media cannot be held responsible for external factors affecting outcomes including but not limited to market conditions, competitor activities, algorithm changes, or platform policies.

No liability is accepted for content provided or approved by the Client.

Our total aggregate liability in connection with any single or series of claims shall not exceed the total amount paid by the Client to NEK Media in the preceding three (3) months of service.

Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, fraud, or any other liability which cannot be legally excluded.

19. INDEMNITY

The Client agrees to fully indemnify, defend, and hold harmless NEK Media, its directors, employees, subcontractors, and affiliates from and against any and all claims, liabilities, damages, expenses, fines, and legal costs arising out of or in connection with:

- Breach of these Terms or any Contractual Agreement by the Client.

- Use or misuse of NEK Media’s services or deliverables by the Client.

- Unlawful or misleading content supplied by the Client.

- Any claim made by a third party arising from the Client’s business activities.

This indemnity shall survive termination of the Contract and remain in effect thereafter.

20. FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform its obligations under this Contract where such delay or failure is caused by a Force Majeure event — meaning any event or circumstance beyond the reasonable control of the affected party.

Force Majeure events may include, but are not limited to:

- Natural disasters or severe weather conditions.

- Acts of war, terrorism, civil unrest, or government intervention.

- Cyber-attacks, major system failures, or internet/network outages.

- Public health emergencies or pandemics.

- Strikes, labour disputes, or industrial actions.

- Market disruptions or significant economic instability.

- Supply chain breakdowns or critical resource shortages.

The affected party must notify the other in writing as soon as reasonably possible upon becoming aware of the Force Majeure event and must also notify the other party once the event has ceased. Reasonable steps must be taken to minimise disruption and to resume normal performance without undue delay.

If a Force Majeure event continues for a period of more than 60 consecutive days, either party may terminate the Contract by providing written notice to the other.

21. TERM AND TERMINATION

These Terms shall remain in effect until all services have been completed or until terminated in accordance with the provisions below.

NEK Media reserves the right to terminate the Contract with immediate effect, without liability, if:

- The Client fails to make payment by the agreed due date.

- The Client breaches any material provision of these Terms or any associated agreement.

- The Client engages in illegal, unethical, or fraudulent conduct.

- Continued service delivery would breach applicable laws or regulations.

- The Client becomes insolvent, enters administration, or is subject to bankruptcy proceedings.

Upon termination:

- All outstanding fees and invoices shall become immediately due and payable.

- Any licenses granted to the Client for deliverables not fully paid for shall be revoked.

- NEK Media is under no further obligation to provide access to systems, data, or deliverables unless otherwise agreed in writing.

Termination does not affect any accrued rights, obligations, or liabilities of either party up to the effective date of termination.

22. LINKS TO OTHER SITES

Our website may contain links to third-party websites. We are not responsible for the content or privacy practices of those sites.

23. ADDITIONAL LEGAL PROVISIONS

Anti-Bribery

Each party agrees to comply with all applicable anti-bribery and corruption laws, including the UK Bribery Act 2010. Adequate procedures shall be maintained to prevent bribery in any form. Neither party shall offer, give, solicit, or accept any bribe or improper financial advantage in connection with this Contract.

Anti-Slavery

Both parties confirm compliance with the Modern Slavery Act 2015 and affirm that neither engages in, supports, nor tolerates any form of slavery, human trafficking, or forced labour within their operations or supply chains.

Notices

All notices under this Agreement must be in writing and shall be deemed received by email upon receipt of a successful delivery confirmation.

Entire Agreement

This Agreement represents the complete and exclusive understanding between the parties and supersedes all prior discussions, negotiations, or representations. Each party confirms that it has not relied on any statement, representation, or warranty not expressly included in this Agreement.

Variation

No amendment or variation to this Agreement shall be valid unless it is in writing, expressly refers to the Agreement, and is signed by authorised representatives of both parties.

Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. If a provision is invalid but could be made valid by limiting or modifying its scope, it shall apply with the minimum changes necessary to make it enforceable.

24. GENERAL PROVISIONS

Entire Agreement: These Terms, along with any associated proposals, service agreements, or written addenda, constitute the entire agreement between the parties and supersede all prior discussions, understandings, or communications.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or competent authority, the remaining provisions shall continue in full force and effect.

No Waiver: The failure of either party to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision, nor shall it prevent the enforcement of such rights at a later time.

Assignment: The Client may not assign, transfer, or subcontract any of its rights or obligations under this Agreement without NEK Media’s prior written consent. NEK Media may assign its rights to any affiliate or successor entity without notice.

Amendments: NEK Media reserves the right to modify or update these Terms at any time with a minimum of 30 days’ written notice. Continued use of our services after such changes shall constitute acceptance of the updated Terms.

Independent Parties: Nothing in this Agreement shall be interpreted as creating a joint venture, partnership, agency, or employment relationship between the parties.

Force Majeure: Neither party shall be liable for any delay or failure to perform its obligations due to events beyond its reasonable control, including but not limited to natural disasters, government actions, cyber-attacks, or public emergencies.

25. CHANGES TO TERMS

We may update these Terms occasionally to reflect changes to our services or regulations. We recommend checking this page periodically. Continued use of our services constitutes acceptance of any changes.

26. CUSTOMER SUPPORT

Your satisfaction is important to us. If you have any questions or need assistance, you can contact us at:

📧 Email: [email protected]

🌐 Website: www.nekmedia.co.uk (Contact form available)