Effective Date: March 01, 2025
Company: Foxpress Media UK Ltd
Registered Office: The Future Works, 2 Brunel Way, Slough, SL1 1FQ
Website: www.foxpressmedia.uk
1.1 In these Terms and Conditions (“Terms”), unless the context otherwise requires, the following expressions shall have the following meanings:
“Company” refers to Foxpress Media UK Ltd;
“Client” refers to the individual or entity requesting the provision of Services from the Company;
“Services” means the marketing, digital media, content, and consultancy services offered by the Company;
“Agreement” means the contract entered into between the Company and the Client for the provision of the Services, which incorporates these Terms and any applicable Statements of Work or project proposals.
1.2 These definitions apply uniformly across all communications and service frameworks between the Company and Client, and form a binding understanding of roles and obligations. Where specific terms are further clarified in bespoke agreements, such definitions shall supplement, not override, those presented here unless explicitly stated in writing.
1.3 Any headings used in this Agreement are for convenience only and shall not affect the interpretation of its provisions. The use of the singular includes the plural and vice versa, and references to “including” or “such as” are deemed to be without limitation.
1.4 For avoidance of doubt, references to “written notice” include notice via email, provided receipt is acknowledged, or by post to the Company’s registered address.
1.5 In the event of conflict between these Terms and any custom agreement or contract, the provisions of the custom agreement shall prevail only to the extent that they directly contradict these Terms.
2.1 Foxpress Media UK Ltd provides a comprehensive range of marketing and communication services tailored to client needs. These services include but are not limited to: strategic marketing consultancy, brand development, digital campaign management, content creation, press and media outreach, search engine optimisation (SEO), paid media strategies, and visual media production such as videos or CGI trailers.
2.2 Each service engagement is typically governed by a Statement of Work (SOW), quotation, or proposal that sets out the objectives, deliverables, timeline, and general expectations. These documents, once approved in writing, form a binding scope of the engagement and should be read in conjunction with these Terms.
2.3 The Company may, at its discretion and upon reasonable consultation with the Client, adjust elements of the project scope in response to changing market conditions or in pursuit of campaign optimisation. However, such modifications shall not affect pricing or timing unless agreed upon in writing.
2.4 The Company reserves the right to refuse any project request that conflicts with its ethical standards, industry best practices, or applicable laws. Furthermore, the Company does not guarantee any specific results or outcomes from marketing campaigns, given the nature of third-party platform dependencies and market variabilities.
2.5 Where the Services include the distribution of content to media outlets, social platforms, or advertising providers, the Company’s responsibility shall be limited to the preparation and submission of such content; the Company shall not be liable for the editorial decisions or timing of third-party publications.
3.1 The working relationship between the Company and the Client begins upon written acceptance of the SOW and, where applicable, the initial payment outlined therein. A confirmation email from the Client or signed agreement constitutes such acceptance.
3.2 Each engagement shall have a defined timeline, which will be clearly communicated in the relevant proposal. The duration may be extended upon mutual agreement where necessary, especially in cases of project expansion, unforeseen delays, or iterative development of assets.
3.3 Either party may propose adjustments to timelines, subject to reasonable justification and without prejudice to the other party’s legal rights. In such cases, both parties will act in good faith to negotiate workable alternatives.
3.4 The Company reserves the right to suspend the project if the Client fails to provide essential information, approvals, or access within the expected timeframe. Such suspension shall not constitute a breach by the Company, and the timeline will be paused accordingly.
3.5 Upon completion of the contracted services, the Agreement shall expire automatically unless it has been explicitly extended, converted to a retainer, or renewed through a new contract. Any continuation of services without formal renewal will be billed under standard ad hoc rates.
4.1 The Client agrees to provide, in a timely and complete manner, all necessary information, data, branding materials, product content, and any other documentation reasonably required by the Company to fulfil the agreed scope of services.
4.2 The Client warrants that all materials supplied are owned by the Client or that the Client has obtained the necessary rights or permissions for use. The Company shall not be held liable for any copyright or trademark infringement arising from materials provided by the Client.
4.3 The Client shall designate a primary point of contact with decision-making authority to liaise with the Company. This ensures communication efficiency and mitigates the risk of misaligned feedback or scope creep.
4.4 The Client must respond to feedback requests, content drafts, and approvals within the review windows agreed upon in the project schedule. Failure to do so may delay the project and could result in additional charges for rescheduling or resource realignment.
4.5 The Client acknowledges that delays or failure to fulfil its obligations under this section may impair the Company’s ability to deliver the services effectively and on time. The Company will not be liable for any consequences resulting from such client-side delays or non-cooperation.
5.1 The Client agrees to pay the fees for the Services as outlined in the applicable quotation, proposal, or bespoke agreement. The amount, structure, and schedule of payments, including any deposits or milestone-based disbursements, shall be governed by that individual contract.
5.2 Unless otherwise agreed, all prices quoted are exclusive of VAT or any applicable taxes. Any such taxes will be added to the invoice in accordance with HMRC regulations. Clients outside the UK shall be responsible for any foreign transaction fees, currency conversion charges, or import duties imposed by their jurisdiction.
5.3 Payments shall be made via bank transfer or other agreed-upon channels. Foxpress Media UK Ltd does not accept responsibility for third-party transaction delays or errors, and Clients are encouraged to retain proof of all payments made. Where applicable, the Client agrees to cover international wire fees in addition to invoiced amounts.
5.4 If payment is not received in accordance with the payment terms stated in the contract, the Company reserves the right to (a) suspend all services until such time as the outstanding balance is cleared, and/or (b) charge interest on overdue amounts as permitted under the Late Payment of Commercial Debts (Interest) Act 1998.
5.5 Invoices that remain unpaid for more than 30 days beyond the agreed due date may be referred to a collections agency or legal counsel, and any costs associated with debt recovery—including reasonable legal fees—shall be borne by the Client.
6.1 To maintain flexibility, cost-efficiency, and 24/7 operational capacity, the Company may delegate portions of service delivery to third-party contractors, white-label agencies, or affiliated teams. These partners operate globally and provide creative, technical, and operational support based on the service needs of each project.
6.2 Notably, Foxpress Media UK Ltd engages fulfilment partners in the United Kingdom, United States, Philippines, Singapore, the United Arab Emirates, South Africa, and Poland, among others. These teams may handle content development, design execution, digital outreach, or post-production tasks under the Company’s oversight.
6.3 The Company ensures that all subcontractors and international partners operate under written agreements that impose strict standards of confidentiality, quality assurance, deadline compliance, and adherence to applicable data protection laws (including GDPR where relevant).
6.4 Clients acknowledge that the location of fulfilment personnel shall not affect the quality or terms of service, and that the Company retains full responsibility for the output, accuracy, and professional conduct of its partners.
6.5 Unless expressly stated otherwise, the Client will not be expected to interact directly with any subcontractor or fulfilment partner, and all communication shall flow through the Company’s designated project manager.
7.1 Upon completion of the project and full payment of all fees, the Client will own the final versions of the deliverables created by the Company, including written content, marketing collateral, and design assets, unless otherwise specified in writing.
7.2 The Company retains ownership of any drafts, rejected concepts, internal frameworks, strategy documents, templates, or production assets not included in the final delivery. These may not be reused or distributed by the Client without the Company’s prior written consent.
7.3 Where final deliverables include the use of third-party materials (e.g. stock footage, royalty-managed media, or licensed fonts), usage rights are limited by the terms of the originating licence agreements. The Company will make reasonable efforts to inform the Client of any such restrictions.
7.4 Any custom intellectual property created jointly during the project (such as taglines, co-branded products, or strategic language) may be subject to a shared-use agreement, which will be discussed and documented separately where applicable.
7.5 The Company reserves the right to display finished projects and deliverables (excluding confidential materials) in its portfolio, marketing channels, and credentials deck unless the Client submits a written request for nondisclosure prior to project commencement.
8.1 Either party may terminate the Agreement with thirty (30) days’ written notice, provided that there are no outstanding deliverables or payment obligations that would inhibit closure of the contract.
8.2 If the Client terminates the project after services have begun, no part of the payment made shall be refundable. This is due to the immediate allocation of resources and disbursement of funds to third-party vendors and production partners across the Company’s international network.
8.3 The Client accepts that fulfilment begins upon acceptance of the proposal, and that work commences in parallel across editorial, design, and technical teams. As such, refunds are strictly prohibited once engagement has begun unless otherwise stated in a separate refund clause or agreement.
8.4 The Company may terminate the Agreement with immediate effect if the Client breaches a material provision (e.g. misuse of deliverables, abusive conduct, or unlawful content submission). In such cases, all fees paid shall be retained by the Company.
8.5 In cases of inactivity—where the Client fails to provide essential feedback, materials, or decisions for more than 30 consecutive days—the Company reserves the right to pause or cancel the project. In such cases, outstanding invoices will become immediately due.
9.1 Foxpress Media UK provides its services with reasonable skill, care, and professionalism in line with prevailing marketing and media industry standards. However, due to the nature of marketing outcomes and media exposure being subject to third-party platforms, public behaviour, and editorial discretion, no outcome—such as engagement levels, campaign reach, sales impact, or press coverage—can be guaranteed. Clients understand and accept that these services involve variables beyond the Company’s control.
9.2 Clients acknowledge that any forecasts, advertising strategies, media estimates, or marketing roadmaps provided during or before the engagement are for illustrative purposes only. These may be generated by Foxpress Media UK or by its independent consultants or freelancers, and while such insights may be informed by experience, they are not binding representations of outcome. Foxpress Media UK shall not be liable for any decisions made by the Client in reliance on such forecasts or speculative performance indicators.
9.3 Foxpress Media UK frequently collaborates with external consultants and freelancers who may bring their own platforms, insights, analytics tools, or proprietary knowledge to the service process. While their contributions may inform campaign direction, they operate independently and are not agents or employees of the Company. Any purchase of services or products made by the Client based on third-party or consultant insight is made at the Client’s own risk.
9.4 Foxpress Media UK shall not be liable for any indirect, incidental, consequential, or special loss or damage, including loss of revenue, profit, goodwill, data, brand equity, or business opportunity, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise—even if foreseeable or advised in advance. This exclusion applies to all forms of service including consulting, PR, advertising, content production, and campaign management.
9.5 To the fullest extent permitted by law, the total aggregate liability of Foxpress Media UK in respect of all claims arising under or in connection with these Terms—whether in contract, tort (including negligence), or otherwise—shall not exceed the total amount paid by the Client for the service in question within the six (6) month period prior to the date of the claim. The Client expressly waives any right to pursue broader damages beyond this limit.
9.6 The Client agrees to indemnify and hold harmless Foxpress Media UK, including its directors, contractors, consultants, fulfilment partners, and employees, from any claims, demands, or actions arising out of: (i) content or material supplied by the Client; (ii) unauthorised reuse or redistribution of delivered assets; (iii) decisions made solely on marketing advice given by consultants or freelancers; or (iv) breach of third-party rights caused by Client instructions or disclosures.
9.7 Freelancers and consultants contracted through Foxpress Media UK may provide advisory services, campaign forecasts, and independent marketing tools or IP. The Client acknowledges that Foxpress Media UK is not liable for outcomes resulting from reliance on these external inputs unless explicitly integrated into a signed and deliverable scope of work controlled by the Company. The Client further agrees not to engage, solicit, or contract any such party independently for a period of twelve (12) months from …
project end without prior written approval from the Company.
9.8 Any legal dispute shall be brought on an individual basis. The Client waives the right to bring or participate in any group litigation or representative action against Foxpress Media UK or its affiliates. Claims must be raised in writing within sixty (60) days of the alleged event.
9.9 Nothing in this section shall exclude or limit liability where it would be unlawful to do so under applicable UK law, including for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or breach of statutory consumer rights under the Consumer Rights Act 2015.
10.1 Each party agrees to treat as confidential all information received from the other party that is designated as confidential or would reasonably be considered confidential in nature.
10.2 Confidential information includes but is not limited to: pricing, campaign strategies, media contacts, unpublished content, customer data, and proprietary technologies or processes.
10.3 The confidentiality obligation does not apply to information already known publicly or lawfully obtained from another source.
10.4 Disclosure to employees, agents, or subcontractors is permitted only where necessary and provided that such individuals are subject to equivalent confidentiality obligations.
10.5 These obligations survive the termination of the Agreement for a period of two (2) years.
11.1 Neither party shall be liable for failure or delay in performing their obligations where such failure is due to circumstances beyond their reasonable control.
11.2 Force Majeure events may include natural disasters, war, civil unrest, cyberattacks, labour strikes, telecommunications outages, and governmental action.
11.3 In such an event, the affected party shall promptly notify the other and take all reasonable steps to minimise disruption.
11.4 If the Force Majeure event persists for more than thirty (30) consecutive days, either party may terminate the Agreement without further liability.
11.5 All work completed up to the date of such termination shall be invoiced and payable as normal.
12.1 These Terms and any disputes arising from them shall be governed by and interpreted in accordance with the laws of England and Wales.
12.2 The parties agree to submit to the exclusive jurisdiction of the courts of England and Wales in relation to any legal claim or dispute.
12.3 If any provision of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
12.4 These Terms constitute the entire agreement between the parties in relation to their subject matter and supersede any previous agreements or understandings.
12.5 No variation or amendment to these Terms shall be binding unless made in writing and signed by both parties.