Terms and Conditions of Business
Media Fusion Creative Ltd (trading as Fusion Group)
1. Definitions and Interpretation
In these Terms and Conditions:
“Agency” means Media Fusion Creative Ltd (trading as Fusion Group).
“Client” means the party purchasing services from the Agency.
“Services” means the marketing, creative, digital, media, consultancy or related services provided by the Agency.
“Initial Term” means the minimum contract period specified in the proposal or agreement.
“Fees” means the charges payable for the Services.
“Media Spend” means advertising or media costs paid to third parties.
2. Engagement and Scope of Services
The Agency provides a range of marketing, creative and digital services, which may include but are not limited to:
• Digital strategy and marketing consultancy
• Search Engine Optimisation (SEO)
• Paid media management (including PPC, paid social and display advertising)
• Website design and development (including bespoke builds, CMS and eCommerce)
• Conversion rate optimisation (CRO) and user experience (UX)
• Brand strategy, brand identity and visual design
• Creative campaign development and activation
• Content strategy, copywriting and content production
• Video production and motion content
• Social media strategy and management
• Email marketing and marketing automation
• Analytics, tracking, reporting and performance insight
• Reputation, culture and employer brand marketing
• Hosting, maintenance and ongoing website support
• Any other related services agreed in writing between the parties.
The specific Services to be provided shall be set out in an agreed proposal, statement of work or contract. Any changes to scope must be agreed in writing and may result in additional Fees.
3. Fees and Payment
Fees are exclusive of VAT.
Invoices are payable within 14 days unless otherwise agreed.
The Agency may suspend Services where payment is overdue.
4. Media Spend and Administration Fee
Where the Agency pays Media Spend on behalf of the Client, this shall be charged in advance.
The Agency shall charge an administration fee equal to 20% of the Media Spend.
Media Spend is non-refundable once committed.
5. Client Responsibilities
The Client shall provide all information required to deliver the Services.
Delays caused by the Client do not entitle reduced Fees.
6. Intellectual Property
All intellectual property remains the property of the Agency until paid in full.
Upon payment, the Client receives a non-exclusive licence.
The Agency may showcase work for portfolio purposes.
7. Confidentiality
Each party shall keep confidential information confidential.
8. Term and Termination
The agreement shall continue for the Initial Term.
Following the Initial Term, the agreement continues on a monthly rolling basis.
Either party may terminate after the Initial Term with one calendar month’s written notice.
All outstanding Fees become payable upon termination.
9. Limitation of Liability
The Agency is not liable for indirect or consequential loss.
Total liability is limited to Fees paid in the three months preceding a claim.
10. Performance and Outcomes
The Agency shall use reasonable skill and care in the provision of the Services.
Due to the nature of marketing, creative and digital services, specific results, including but not limited to rankings, leads, conversions, revenue or return on investment, cannot be guaranteed.
Performance may be influenced by factors outside the Agency’s control, including market conditions, third‑party platforms, algorithm changes, client inputs and budgets.
11. Force Majeure
Neither party shall be liable for events beyond reasonable control.
12. Assignment and Subcontracting
The Agency may subcontract Services.
The Client may not assign without consent.
13. Governing Law
These Terms are governed by English law.