Term of Services

These terms explain how 5th Ave (“we”, “us”, “our”) works with clients and how this website may be used. By engaging our services or using this website, you agree to these terms. For client projects, a signed proposal or engagement letter sits alongside these terms; if the two conflict, the proposal wins.

Who we are

• Company: [5th Ave legal entity name and company number]
• Registered address: [registered address], United Kingdom
• Email: [hello@yourdomain.com]

Our services

We provide three types of service:

• Management consultancy: analysis, planning, and advice for business decisions.
• Advertising: brand, creative, campaign, and media services.
• IT consultancy: systems advice, software selection, migrations, and support.

The exact scope, deliverables, timeline, and price of any engagement are set out in a written proposal, which both parties agree before work starts. Work outside the agreed scope is quoted separately before we do it.

Quotes, fees and payment

• Project work is charged at a fixed price agreed in the proposal. Ongoing work is charged as a monthly retainer.
• Prices are agreed in writing before work starts. We do not add costs without telling you first.
• Invoices are payable within [14/30] days of the invoice date unless the proposal says otherwise.
• If an invoice is overdue, we may pause work until it is paid, and we may charge interest as allowed under the Late Payment of Commercial Debts (Interest) Act 1998.
• Deposits, where required, are stated in the proposal and are non-refundable once work has started.

Third-party costs

Some engagements involve costs paid to third parties, such as advertising spend, software licences, stock assets, or hosting. These costs are yours, are agreed with you in advance, and are billed either directly to you or through us at cost, as stated in the proposal. Third-party products come with their providers’ own terms.

What we need from you

Deadlines and results depend on both sides. You agree to:

• Give us accurate and complete information about your business as it relates to the work
• Provide access, content, and approvals within the timescales agreed in the project plan
• Nominate one person with authority to make decisions and sign things off

If delays on your side hold up the work, timelines move accordingly, and retainer fees remain payable.

Intellectual property

• Once an invoice is paid in full, the deliverables created for you in that engagement belong to you. That includes research, strategy documents, creative files, and code written specifically for your project.
• We keep ownership of tools, templates, frameworks, and know-how that existed before your project or that we develop for general use. You get a licence to keep using anything of ours that is built into your deliverables.
• Third-party materials (fonts, stock images, plugins, platforms) stay under their own licences.
• We may refer to the work and show non-confidential results in our portfolio and marketing unless you ask us not to in writing.

Confidentiality

Both sides agree to keep the other’s non-public information confidential, during and after the engagement. This does not apply to information that is already public, that must be disclosed by law, or that the other side agrees in writing can be shared.

Data protection

We handle personal information as described in our Privacy Policy. Where we process personal data on your behalf as part of an engagement, both parties will comply with UK GDPR, and a data processing agreement can be put in place where needed.

Our advice and your decisions

Our recommendations are based on the information available to us and our professional judgement at the time. Decisions about whether and how to act on our advice are yours. We do not guarantee specific business outcomes such as revenue, rankings, lead volume, or campaign performance, because factors outside our control affect all of them. Where we agree measurable targets in a proposal, we report against them honestly.

Liability

• Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited under English law.
• Subject to that, our total liability for any engagement is limited to the fees you paid us for that engagement in the 12 months before the claim arose.
• We are not liable for indirect or consequential losses, including loss of profit, revenue, data, or goodwill.
• We are not responsible for failures caused by third-party platforms or providers, such as ad platforms, hosting companies, or software vendors, though we will help you resolve them where we reasonably can.

Ending an engagement

• Either side can end a retainer with [30] days’ written notice.
• Either side can end a project if the other seriously breaches these terms and does not fix the breach within 14 days of being told about it in writing.
• On termination, you pay for all work done up to the end date, and we hand over all paid-for deliverables and materials that belong to you.

Events outside our control

Neither side is responsible for delays caused by events beyond reasonable control, such as power or network failures, strikes, or natural events. Whoever is affected will tell the other side promptly and both will adjust timelines fairly.

Using this website

• The content on this website is for general information. It is not professional advice for your specific situation, and you should not rely on it as such.
• The website content, branding, and design belong to us. You may not copy or reuse them without permission.
• You agree not to misuse the website, attempt to gain unauthorised access, or use it to send unlawful or harmful material.
• We may change or remove website content at any time.

General

• These terms plus the signed proposal form the whole agreement for an engagement and replace earlier discussions.
• If any part of these terms turns out to be unenforceable, the rest still applies.
• Neither side may transfer the agreement to someone else without the other’s written consent.
• Not enforcing a term at some point does not mean it is waived.

Governing law

These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute. Both sides agree to try to resolve disputes by discussion before going to court.

Changes to these terms

We update these terms from time to time and post the current version on this page. The date at the top shows when they last changed. For active engagements, the terms in force when the proposal was signed continue to apply to that engagement.

Contact

Questions about these terms:

• Email: [hello@yourdomain.com]
• Post: [5th Ave legal entity name], [registered address], United Kingdom