Company and contact information
These Terms govern every engagement between UNLIMITED SERVICES LIMITED and a client. They apply alongside the written proposal or scope of work for that engagement. Where the two conflict, the signed scope of work takes precedence.
Our services are offered to businesses. By entering into an engagement the Client confirms it is acting in the course of a trade, business or profession, and that the person signing has authority to bind it.
Consumer protection rules — including statutory rights of withdrawal for distance contracts — are written for consumers and do not apply to a business-to-business engagement. Where a client is nonetheless entitled to mandatory protection under the law of its own country, nothing in these Terms removes it.
Nothing is chargeable before a Scope of Work is signed. An initial consultation or audit conversation is free unless the proposal says otherwise.
Fees are set out in the Scope of Work. Retainers are invoiced monthly in advance; project fees are invoiced as set out in the proposal, typically part on signature and the balance on delivery.
Invoices are payable within 14 days. Where an invoice remains unpaid after 30 days, we may suspend work after giving written notice, and a Client’s licence to use Deliverables under section 8 does not take effect until payment is received in full.
Ad Spend is not included in our fees. Advertising budget is paid by the Client directly to the platforms, on the Client’s own accounts, using the Client’s own payment methods. We do not hold, invoice or mark up Ad Spend, and we never take payment on a platform’s behalf.
We will carry out the work in the Scope of Work with the reasonable skill and care expected of a competent professional in this field, keep the Client informed of what is being done and why, and report on agreed metrics at the agreed interval.
This is an obligation of means, not of result. We do not guarantee any specific return on ad spend, cost per acquisition, conversion rate, ranking, lead volume or revenue. Where a proposal sets out a target, it is a target we will work towards and report honestly against, not a warranty.
The Client remains responsible for its own products, offers, claims and pricing, and for the legal compliance of what it sells. We advise on advertising policy and will refuse to run a campaign we believe breaches it, but we do not act as the Client’s legal adviser.
Advertising platforms may reject an ad, restrict or ban an account, change their policies, alter their algorithms or change how data is reported, at any time and without explanation. These decisions are outside our control. We will work to resolve them and to appeal where an appeal is possible, but we are not liable for their consequences.
Material supplied by the Client remains the Client’s property throughout.
On full payment for the relevant Deliverables, we assign to the Client the rights in the final Deliverables produced specifically for it — ad copy, creative concepts, landing page designs, written strategy documents and reports — for use in its business, worldwide and for the legal term of protection.
We retain ownership of our own methods, frameworks, templates, internal tooling and any general know-how developed before or during the engagement. Nothing in an engagement prevents us from working with other clients, including in the same sector, subject to the confidentiality obligations in section 9.
Third-party assets used in Deliverables — stock imagery, fonts, software licences — are licensed on their own terms, which are passed to the Client where the licence permits and identified where it does not.
Each party will keep confidential the non-public information it receives from the other, use it only for the engagement, and not disclose it to third parties except to subprocessors bound by equivalent obligations, or where the law requires. This obligation continues for three years after the engagement ends.
We will not name a Client, describe its results or use its material as a case study or reference without prior written permission. Permission may be withdrawn at any time.
Where we process personal data on the Client’s behalf — running advertising audiences, configuring tracking, operating email or SMS platforms, analysing customer data — we act as a processor and the Client acts as controller. The Data Processing Addendum governs that processing and forms part of the engagement. It sets out the subject matter, the duration, the security measures, the subprocessors and the arrangements for international transfers.
Retainers run monthly unless the Scope of Work sets a longer minimum term, and either party may end them by giving 30 days’ written notice, expiring at the end of a calendar month. Where a minimum term applies, notice may not expire before the end of it. Projects end on delivery.
Either party may end an engagement immediately in writing if the other commits a material breach that is not remedied within 14 days of being told about it, or becomes insolvent.
What happens to fees already paid, and to work in progress, is set out in the Refund & Cancellation Policy.
We will hand over access to the accounts and assets that belong to the Client, provide the Deliverables completed and paid for, and delete or return personal data as set out in the Data Processing Addendum. Accounts, pixels, domains and platform assets created in the Client’s own name remain the Client’s throughout — we never hold a Client’s advertising account hostage.
Our total liability under an engagement is limited to the fees paid to us under it in the three months before the event giving rise to the claim. We are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of opportunity, loss of data, wasted Ad Spend, or loss arising from a platform’s decision.
Nothing here limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything that cannot lawfully be limited.
Neither party is liable for failure to perform caused by an event beyond its reasonable control. The affected party will inform the other without delay. If the event lasts more than 30 days, either party may terminate and fees are settled for work carried out to that point.
During an engagement and for six months afterwards, neither party will knowingly solicit for employment any individual materially involved in the engagement on the other side, except through a public recruitment process neither party directed at that person.
Send any complaint to info@marketeragency.online. We answer within 1 to 3 business days and will work to resolve it directly. This does not affect the Client’s right to bring proceedings.
These Terms are governed by the law of Hong Kong, and the courts of Hong Kong have jurisdiction. Where mandatory rules of a Client’s own country apply, those rules are not displaced.
If any provision is held invalid, the rest remain in force. A failure to enforce a provision is not a waiver of it. These Terms, the Scope of Work, the Data Processing Addendum and the policies referenced here form the entire agreement, replacing anything discussed beforehand.