Terms of Service

1. About these terms

These Terms of Service (“Terms”) govern your use of the Vertano Agency website at vertanoagency.com (the “Site”) and any retention, email marketing, consulting or related services we provide (the “Services”). By using the Site or engaging us for Services, you agree to be bound by these Terms.

Vertano Agency (“Vertano”, “we”, “us”) is based in Caister-on-Sea, Norfolk, United Kingdom and works with clients in the UK and worldwide.

2. Use of this website

The content on this Site is provided for general information about Vertano Agency and our Services. It is not legal, financial or marketing advice you should rely on without speaking to us. You agree to use the Site only for lawful purposes and not in any way that could damage, disable, overburden or impair it.

3. Services & engagements

The specific scope, deliverables, timelines and fees for any Services will be set out in a separate written proposal, statement of work, or order form (the “Engagement Document”) agreed between Vertano and the client. The Engagement Document, together with these Terms, forms the contract between us. If there is any conflict, the Engagement Document prevails for that specific engagement.

Submitting an enquiry through the Site or by email does not by itself create a contract. A contract is formed only when both parties sign or otherwise confirm acceptance of an Engagement Document in writing.

4. Fees & payment

Fees, payment schedule and currency are set out in the Engagement Document. Unless agreed otherwise, invoices are payable within 14 days of issue. We reserve the right to suspend Services on accounts that are overdue and to charge interest on late payments at the rate set by the UK Late Payment of Commercial Debts (Interest) Act 1998, or the equivalent statutory rate in the client’s jurisdiction where required.

All fees are exclusive of VAT or any equivalent sales tax, which will be added where applicable.

5. Client responsibilities

To deliver effective Services, we rely on the client to:

• Provide accurate, timely information, brand assets, approvals and platform access (e.g. Klaviyo, Shopify).
• Ensure they have all necessary rights, consents and lawful bases to share customer data, subscriber lists and marketing content with us.
• Comply with all laws applicable to their marketing activities, including UK GDPR, PECR, the CAN-SPAM Act and the laws of any other jurisdiction in which they operate.
• Pay invoices on the agreed schedule.

6. Intellectual property

All content on this Site, including text, graphics, logos, the “Vertano” name and our visual identity, is owned by Vertano Agency or our licensors and is protected by intellectual property laws. You may not copy, reproduce, modify or distribute any part of the Site without our prior written consent, except for normal browsing and printing of individual pages for personal use.

On full payment of the relevant fees, deliverables we produce specifically for a client under an Engagement Document are licensed or assigned to that client as agreed in writing. Our background know-how, frameworks, templates, internal tools and methodologies remain our property and may be re-used for other clients.

7. Confidentiality

Both parties agree to keep confidential any non-public information shared in the course of an engagement and to use it only for the purpose of that engagement. This obligation continues after the engagement ends.

8. Data protection

Our processing of personal data is described in our Privacy Policy. Where we process personal data on behalf of a client (for example inside their email marketing platform), we do so as a data processor and under a data processing agreement where required by law.

9. Warranties

We will perform the Services with reasonable skill and care. We do not, however, guarantee any specific commercial result, including revenue uplift, retention rates, LTV improvement, deliverability outcomes or rankings. Marketing results depend on many factors outside our control.

10. Limitation of liability

Nothing in these Terms excludes or limits liability that cannot be excluded under English law, including for death or personal injury caused by negligence or for fraud.

Subject to that, to the maximum extent permitted by law:

• We are not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, goodwill, data or anticipated savings.
• Our total aggregate liability arising out of or in connection with the Services in any 12-month period will not exceed the fees paid by the client to Vertano under the relevant Engagement Document during that period.

11. Termination

Either party may terminate an engagement in accordance with the notice provisions of the relevant Engagement Document, or immediately on written notice if the other party commits a material breach that is not remedied within 14 days of written notice, becomes insolvent, or is unable to pay its debts. On termination, accrued rights and obligations (including payment) survive.

12. Changes to these Terms

We may update these Terms from time to time. The version posted on this page applies to your use of the Site from the date shown above. For active engagements, the Terms in force at the date the Engagement Document was signed will continue to apply unless we agree otherwise in writing.

13. Governing law & jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction to settle any such dispute, except that we retain the right to bring proceedings in any other jurisdiction where a client is established or has assets.

14. Contact

Questions about these Terms? Email account@vertanoagency.com or write to us at Caister-on-Sea, Norfolk, United Kingdom.