Terms of Service
Last updated: 13 August 2026
These Terms of Service ("Terms") apply to the services provided by Polson Creative ("Polson Creative", "we", "us", or "our").
By engaging Polson Creative for our services, you ("you", "your", or "client") agree to these Terms.
Please read these Terms carefully before purchasing or engaging our services.
1. About Polson Creative
Polson Creative provides social media, content creation and organic online growth services to businesses.
Our services may include, depending on the package or agreement selected:
Social media strategy
Organic social media growth
Content strategy
Content creation
Social media management
Social media posting
Copywriting and captions
Content planning
Account optimisation
Social media consultancy
Other related digital marketing services agreed between Polson Creative and the client
The specific services provided to you will be agreed before work begins.
2. Our agreement with you
A contract between Polson Creative and the client is formed when:
You accept a proposal, quotation or service agreement from Polson Creative; or
You confirm in writing that you wish to proceed with our services; or
You make payment for the services.
These Terms form part of the agreement between Polson Creative and the client unless we have agreed otherwise in writing.
Where a separate proposal, quotation, statement of work or written agreement contains terms that conflict with these Terms, the specific written agreement will take precedence to the extent of the conflict.
3. Services
We will provide the services described in your agreed package, proposal or written agreement.
We will use reasonable skill and care when providing our services.
Because social media platforms, algorithms, audiences and online trends are constantly changing, we cannot guarantee specific results from our services.
In particular, we do not guarantee:
A specific number of followers
A specific number of views, likes, comments or shares
A specific level of engagement
A specific ranking or position on any social media platform
Viral content
A specific number of leads or sales
A specific return on investment
Our services are designed to support organic growth, but the results of social media marketing depend on many factors outside our control.
4. Client responsibilities
To allow us to provide our services effectively, you agree to:
Provide information, materials and access reasonably required to perform the services
Provide accurate and up-to-date information
Review and approve content where approval is required
Provide feedback within a reasonable timeframe
Ensure that any information, images, videos, logos, trademarks or other materials you provide to us can legally be used
Ensure that you have the necessary rights and permissions for content you provide
Inform us of any relevant legal, regulatory or industry requirements that apply to your business or content
Maintain appropriate access to your social media accounts where required
You are responsible for ensuring that information you provide to us is accurate.
Delays caused by the client may result in corresponding delays to the delivery of services.
5. Social media accounts
Where we manage or access your social media accounts on your behalf, you remain responsible for ownership of those accounts.
You are responsible for ensuring that we are authorised to access and manage your accounts.
You must not provide us with passwords or login credentials unless reasonably necessary and appropriate. Where possible, we recommend using platform-provided account access and permissions rather than sharing passwords.
We are not responsible for changes made by social media platforms, including account restrictions, suspensions, algorithm changes, outages, deleted content or changes to platform policies.
6. Content approval
Where content requires your approval before publication, you are responsible for reviewing the content and providing approval or reasonable amendments.
Once content has been approved by you, you accept responsibility for the approved content and its publication.
We will not knowingly publish content that we understand to be unlawful or that breaches the instructions you have provided to us.
However, you remain responsible for ensuring that content relating to your business complies with any laws, regulations or industry-specific requirements applicable to you.
7. Intellectual property
Unless otherwise agreed in writing, Polson Creative retains ownership of its pre-existing materials, systems, processes, templates, strategies, concepts, methods and know-how.
Where Polson Creative creates original content specifically for you and you have paid all applicable fees, you will generally be granted the right to use that content for your business.
The exact ownership or licensing arrangements for specific deliverables may be set out separately in your proposal or agreement.
You remain responsible for obtaining permission to use any third-party materials you provide to us.
Nothing in these Terms transfers ownership of third-party intellectual property to you.
8. Portfolio and marketing use
Unless you ask us not to in writing, you agree that Polson Creative may refer to your business as a client and may display publicly available work created for you in our portfolio, website, social media or other marketing materials.
We will not knowingly disclose confidential business information as part of our marketing.
If a particular project or piece of work is confidential, please let us know before publication.
9. Fees and payment
Our fees will be agreed with you before work begins.
Payment terms, pricing, billing frequency and any applicable deposits or upfront payments will be set out in your proposal, invoice or service agreement.
Unless otherwise agreed in writing, invoices are payable within [7/14/30] days of the invoice date.
We reserve the right to pause or suspend services where an invoice remains unpaid after its due date.
Any applicable taxes or charges will be identified on your invoice where required.
10. Late payment
If payment is not made by the agreed due date, we may:
Pause work on your account
Delay delivery of outstanding work
Restrict access to certain services
Terminate the agreement where permitted under these Terms
We reserve any rights available to us under applicable law in relation to late payment.
11. Cancellation and termination
Either party may terminate an ongoing agreement by providing [30 days'] written notice, unless a different notice period has been agreed in writing.
Where a project is a fixed-term or fixed-price engagement, the cancellation and termination arrangements will be set out in the relevant agreement or proposal.
If you terminate the agreement, you remain responsible for fees for services already provided and any non-cancellable commitments reasonably incurred on your behalf.
We may terminate or suspend services immediately where:
You fail to make required payments
You materially breach these Terms
You ask us to carry out unlawful or fraudulent activity
Continuing to provide the services would create a serious legal, ethical or reputational risk
You repeatedly fail to provide information or approvals necessary for us to provide the services
12. Refunds
Any refund will be considered in accordance with the terms of your specific agreement and applicable UK consumer or contract law.
Where work has already been completed or services have already been provided, you may not be entitled to a refund for those services.
If you believe you are entitled to a refund, please contact us at:
13. Confidentiality
Both parties agree to keep confidential information received from the other party confidential and not disclose it to third parties except where:
Disclosure is required by law
Disclosure is necessary to provide the agreed services
The information is already publicly available
The other party has provided permission to disclose it
This confidentiality obligation will continue after the end of the business relationship where appropriate.
14. Third-party platforms
Our services may involve third-party platforms such as social media networks, website platforms or other online services.
We do not control these platforms and are not responsible for:
Changes to their terms or policies
Algorithm changes
Technical failures or outages
Account suspensions or restrictions
Changes to functionality
Loss of content caused by the platform
Changes to platform pricing or availability
You acknowledge that social media performance can be affected by factors outside our reasonable control.
15. No guarantee of results
You acknowledge that organic social media growth is not guaranteed.
We will use our professional knowledge and reasonable efforts to deliver the agreed services, but we cannot guarantee a particular business outcome.
Your results may depend on factors including your industry, audience, offer, existing online presence, content quality, market conditions, competition and changes to social media platforms.
16. Limitation of liability
To the maximum extent permitted by law, Polson Creative will not be liable for indirect, incidental, special or consequential losses arising from the provision of our services.
This may include loss of profits, revenue, business opportunities, goodwill or anticipated savings.
Nothing in these Terms excludes or limits liability where doing so would be unlawful.
In particular, nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or limited.
Subject to the above, Polson Creative's total liability arising from a particular service agreement will not exceed the total fees paid or payable by you to Polson Creative under that agreement during the 12 months preceding the event giving rise to the claim.
17. Indemnity
You agree to compensate Polson Creative for reasonable losses, costs or claims arising from materials, information or instructions supplied by you where those materials, information or instructions:
Infringe a third party's intellectual property rights
Are unlawful
Are misleading or fraudulent
Breach applicable laws or regulations
This section will apply only to the extent permitted by law.
18. Force majeure
We will not be responsible for delays or failures caused by circumstances outside our reasonable control.
This may include:
Internet or telecommunications failures
Social media platform outages
Cybersecurity incidents affecting third-party platforms
Government action
Natural disasters
Serious illness or incapacity
Strikes or industrial disputes
Power failures
Other events that could not reasonably have been prevented or anticipated
Where reasonably possible, we will notify you of any significant disruption.
19. Changes to our services
We may update or modify our services from time to time.
If a change materially affects an ongoing service agreement, we will provide reasonable notice where appropriate.
We may also update these Terms from time to time. The latest version will be made available on our website.
Changes will not retrospectively alter an agreement unless required by law or agreed with you.
20. Data protection
We process personal information in accordance with our Privacy Policy and applicable UK data protection law.
Our Privacy Policy explains how we collect, use and protect personal information.
21. Governing law
These Terms and any agreement between you and Polson Creative are governed by the laws of England and Wales, unless applicable law requires otherwise.
Any disputes will be subject to the jurisdiction of the courts of England and Wales, unless applicable law provides otherwise.
22. Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be removed or limited to the minimum extent necessary.
The remaining provisions will continue to apply.
23. Entire agreement
These Terms, together with any proposal, quotation, statement of work or other written agreement between Polson Creative and the client, constitute the agreement between the parties regarding the services.
No amendment to the agreement will be binding unless agreed in writing.
24. Contact
If you have any questions about these Terms or our services, please contact:
Polson Creative
Email: polsoncreative@hotmail.com