Terms of Business

1. Our Agreement

These Terms apply to services provided by 44-Media Ltd (“44-Media”, “we”, “us”) to you (“Client”, “you”).

Your specific services, pricing and any special terms will be set out in your order, proposal, invoice or other written agreement with us.

If we have expressly agreed different terms with you in writing, those specific terms will take precedence over these general Terms of Business.

By making payment, accepting an order or proposal, or submitting onboarding information, you agree to these Terms.

2. Services

Depending on the package you purchase, 44-Media may provide services including:

• Website design, development, hosting and management
• Website amendments and ongoing updates
• Search engine optimisation (SEO)
• Google Business Profile setup and optimisation
• Client Acquisition System (CAS)
• CRM and marketing automation
• Lead follow-up and reactivation systems
• Google review systems
• Missed-call text-back
• SMS and email automation
• Reporting and associated technical support

Your individual order or proposal determines which services are included in your package.

Unless otherwise agreed, paid advertising management, advertising spend, advanced SEO/Google Business Profile campaigns, complex third-party integrations and additional work outside your package are not included.

3. Website Design & Launch

Where website development is included, we will design and develop the website based on the information, branding and instructions supplied by you.

Unless otherwise agreed:

• We aim to provide an initial draft within 72 hours of receiving the information and access reasonably required to begin;
• We aim to complete the website within 14 days, subject to receiving timely feedback and approvals;
• You will have an opportunity to review and approve the website before launch; and
• Reasonable amendments required to complete the agreed website are included during the initial build.

Delivery times are targets rather than guaranteed deadlines and may be affected by delayed content, access, approvals, third-party systems or matters outside our reasonable control.

4. Ongoing Website Management

Where your package includes ongoing website management, 44-Media will continue to provide hosting, maintenance, technical support and reasonable website amendments for the duration of your active service.

Unless your order states otherwise, this includes up to two hours of website amendments per website, per month.

• Unused amendment time does not roll over to future months.
• Work exceeding the included allowance, substantial redesigns, new functionality or work outside the original scope may be quoted separately.

5. SEO & Google Business Profile

Where included, websites are launched with appropriate foundational technical and on-page SEO.

Our standard ongoing service may also include monitoring website performance and search visibility and making reasonable ongoing optimisations.

Where Google Business Profile optimisation is included, we will carry out the agreed initial setup and/or optimisation.

Advanced SEO, ongoing Google Business Profile campaigns, link building, content campaigns or other services specifically intended to generate additional organic traffic are not included unless stated in your package or purchased separately.

We do not guarantee specific rankings, search positions, traffic volumes, leads or results from Google or any other search engine.

6. Client Responsibilities & Approvals

You agree to provide the information, branding, access, approvals and other materials reasonably required for us to provide the Services.

You are responsible for ensuring that information, claims, promotions, customer data and materials supplied to us are lawful and accurate.

Where your business is subject to regulatory, network, principal or compliance approval, any content requiring such approval must be approved by you or the relevant authorised party before publication.

44-Media does not provide legal, financial or regulatory compliance advice and is not responsible for determining whether your business communications satisfy industry-specific regulatory requirements.

Delays in providing information, access or approvals may delay delivery.

7. Fees & Payment

Your fees and billing frequency are set out in your order, proposal, checkout or invoice.

Depending on the service, fees may include:

• Recurring service fees;
• Setup or implementation fees;
• Additional services;
• Usage-based charges; and
• Third-party costs.

Where an initial period is paid upfront, this does not create a minimum contractual term unless your order expressly states otherwise.

Recurring payments will continue until the service is cancelled in accordance with Section 9.

Usage-based services such as SMS, telephone calls, email or other third-party services may incur additional charges where they exceed any allowance included within your package.

8. 30-Day Money-Back Guarantee

Where expressly included with your order, your service is protected by our 30-day money-back guarantee.

If you are not satisfied with the service, you may request cancellation within 30 days of your service commencement date and receive a refund of the eligible service fees paid to 44-Media for that initial period.

To qualify, you must have:

• Completed the required onboarding;
• Provided the information and access reasonably required for us to provide the Services; and
• Allowed us a reasonable opportunity to implement the agreed Services.

Setup fees are non-refundable.

Third-party charges, advertising spend, usage-based charges and separately purchased additional services are also excluded from the guarantee.

For example, where a separately stated £199 Google Business Profile setup fee applies, that setup fee would not form part of the refundable amount.

Any specific variation to the guarantee shown in your order or proposal will take precedence over this section.

9. Cancellation

Unless your individual order expressly states otherwise, there is no ongoing minimum term.

Either party may cancel an ongoing service by providing 30 days’ written notice.

You may therefore cancel at any time, but your service and payment obligations continue during the 30-day notice period.

The notice period allows us to conclude or disable active services, automations, communications, hosting and other systems which may continue to incur costs.

Cancellation should be sent to team@44mediamarketing.com or otherwise provided to us in writing.

At the end of the notice period, recurring service charges will cease, subject to any outstanding fees, usage charges or other amounts already incurred.

Cancellation of the monthly service does not require you to purchase your website.

10. Website Ownership

There are two different ownership arrangements depending on how your website was purchased.

A. Website purchased separately

Where you have paid a separate website development fee which expressly includes ownership, ownership of the completed website will transfer to you once the agreed development fee has been paid in full.

B. Website included within an ongoing service

Where a website is designed, developed or supplied as part of an ongoing monthly service without a separate website development fee, the website is provided as part of your subscription and remains the property of 44-Media during the service.

Your monthly service payments pay for the ongoing Services and do not constitute instalment payments towards purchasing the website.

If you cancel your service, you are not required to purchase the website.

If you wish to retain and take ownership of the website after cancellation, you may purchase it for £995 per website, unless a different purchase price has been expressly agreed with you in writing.

The £995 purchase price does not reduce according to the length of time you have subscribed or the amount of monthly service fees you have paid.

Once the purchase price has been paid, we will provide or reasonably facilitate transfer of the website to you or your nominated provider, subject to reasonable technical limitations.

44-Media proprietary software, CAS systems, automation frameworks, templates, licences and third-party services are not included in the website purchase.

11. Client-Owned Assets & Data

You retain ownership and control of your own:

• Domain names;
• Business branding;
• Customer and prospect data;
• Google Business Profile;
• Google Analytics;
• Google Search Console; and
• Other accounts or materials owned by your business.

Where reasonably practicable, these accounts should remain registered under your ownership or control from the outset.

Using 44-Media does not transfer ownership of these assets to us.

12. 44-Media Intellectual Property

Any proprietary workflows, automation frameworks, templates, processes, software configurations, CAS functionality, systems or other intellectual property supplied or developed by 44-Media remain the intellectual property of 44-Media unless expressly agreed otherwise in writing.

Access to these systems is provided for the duration of your active service and does not constitute a transfer or sale of the underlying intellectual property.

13. What Happens When Your Service Ends

When your service ends:

• Our obligation to provide hosting, website management, CAS, automations, communications and other ongoing Services will end;
• You will retain your client-owned accounts, assets and data;
• We will provide a reasonable opportunity for relevant client-owned data to be exported or returned where applicable;
• A subscription website will only be transferred if the website purchase option in Section 10 is exercised; and
• 44-Media-managed systems/accounts may subsequently be deleted.

Data may remain temporarily within backups or logs maintained by underlying technology providers in accordance with their retention procedures.

14. Data Protection & Data Processing

Depending on the circumstances, 44-Media may act as either a Data Controller or Data Processor.

Where we process personal data on your behalf through websites, forms, CRM systems, communications, lead management or automation, you will normally remain the Data Controller and 44-Media will act as Data Processor.

Our Privacy & Data Processing Policy, together with these Terms and your individual order or service agreement, sets out our data-processing arrangements and forms part of our agreement where applicable.

Our services may use third-party technology and sub-processors including HighLevel/LeadConnector and their underlying infrastructure and communication providers.

Further information regarding security, international transfers, sub-processors, data breaches, retention, export and deletion is contained in our Privacy & Data Processing Policy.

You remain responsible for ensuring that personal data supplied to us has been lawfully collected and that you have an appropriate lawful basis for the communications and processing you instruct us to perform.

15. Third-Party Services

Our Services rely partly on third-party platforms and providers.

We are not responsible for outages, restrictions, policy changes, account suspensions, API changes or other failures caused by third-party platforms outside our reasonable control.

Where a third-party provider changes its pricing or introduces additional usage charges, we may pass reasonable directly attributable costs on to you after notifying you where appropriate.

16. Results & No Guarantee of Performance

We will provide the Services with reasonable care and skill.

However, marketing and digital performance depends on factors outside our control.

Unless expressly guaranteed in writing, we do not guarantee:

• A specific number of enquiries, leads, appointments or customers;
• Specific Google rankings;
• Particular revenue or financial results;
• Particular conversion rates; or
• Continuous availability of third-party platforms.

17. Limitation of Liability

Nothing in these Terms excludes or limits liability where it would be unlawful to do so.

Subject to applicable law, 44-Media will not be responsible for indirect or consequential losses, loss of revenue or opportunity arising from circumstances outside our reasonable control, client delays, inaccurate information supplied by the Client, third-party platform failures or changes made by the Client or another provider.

18. Support & Communication

Our standard support hours are:

• Monday–Friday, 8:00am–5:00pm UK time.

We aim to respond to messages within two business hours during support hours, although this is a target rather than a guaranteed response time.

19. Changes to These Terms

We may update these Terms periodically to reflect changes to our Services, technology, pricing or legal obligations.

Changes will not retrospectively alter specific pricing, minimum terms or other material commercial commitments already expressly agreed with you unless you agree to the change or we are legally entitled to make it.

The latest version of these Terms will be published on our website.

20. Contact

Questions about these Terms or your service can be sent to: