Terms of Use for Kelpie Studios
Effective Date: 23/02/25
These Terms of Use (“Terms”) govern your access to and use of the Kelpie Studios website and services, including all advertising and content marketing campaigns (collectively, the “Services”) provided by Kelpie Studios (“we,” “us,” or “our”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.
1. Acceptance of Terms
By accessing our website or engaging our Services, you represent that you have read, understood, and agree to be legally bound by these Terms. For advertising or content marketing campaigns provided within the United Kingdom, any engagement will also be governed by the specific contractual agreements referenced in Section 4 below.
2. Modifications to Terms
Kelpie Studios reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website, and your continued use of the Services constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically for any updates.
3. Use of Services
a. Eligibility
You must be at least 18 years old or the age of majority in your jurisdiction to use our Services. By using our Services, you represent that you meet this requirement.
b. Permitted Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. Any unauthorized or prohibited use may result in the immediate termination of your access to our Services.
c. Intellectual Property
All content, designs, logos, and other intellectual property displayed on our website are the property of Kelpie Studios or its licensors. You may not use or reproduce any content without our express written permission, except as permitted by law.
4. Advertising and Content Marketing Campaigns (UK Specific)
a. Contractual Agreements
For advertising and content marketing campaigns conducted within the United Kingdom, Kelpie Studios enters into separate contractual agreements with clients. These agreements will:
- Define the scope of the campaign, including deliverables, timelines, and performance metrics.
- Specify roles and responsibilities of both Kelpie Studios and the client.
- Set out payment terms, including fees, invoicing, and payment schedules.
- Include clauses regarding intellectual property rights, confidentiality, and data protection specific to campaign materials and proprietary strategies.
- Incorporate provisions to ensure compliance with all applicable UK advertising and marketing regulations, including consumer protection laws and data privacy requirements.
- Detail any warranties or disclaimers regarding campaign outcomes, noting that while Kelpie Studios strives to achieve desired results, no specific outcomes are guaranteed.
b. Client Obligations
Clients engaged in advertising or content marketing campaigns agree to:
- Provide accurate and complete information necessary for the effective planning and execution of the campaign.
- Comply with all relevant laws and regulations.
- Promptly pay any fees or charges as stipulated in the contractual agreement.
- Cooperate with Kelpie Studios in the development and delivery of campaign materials and strategies.
c. Performance and Liability
While Kelpie Studios utilizes industry best practices and makes every effort to deliver high-quality campaigns, all results are subject to market conditions and external factors. Kelpie Studios disclaims any guarantee of specific results and shall not be held liable for campaign outcomes that fall short of the client’s expectations, except as provided under applicable law.
5. Payment and Fees
Unless otherwise agreed in a separate contract, all fees for our Services are due in accordance with the payment schedule outlined in your specific agreement. Late payments may incur interest charges and/or suspension of Services until such time as all outstanding amounts are received.
6. Confidentiality and Data Protection
Both Kelpie Studios and our clients shall maintain the confidentiality of any proprietary or confidential information disclosed during the term of any engagement. We adhere to all applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR), and require that any client data provided to us is handled in accordance with our Privacy Policy.
7. Disclaimers and Limitation of Liability
a. Disclaimers
Our Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied. Kelpie Studios does not guarantee uninterrupted or error-free operation of our website or Services. In particular, for advertising and content marketing campaigns, Kelpie Studios makes no representations or warranties regarding the success or performance of any campaign.
b. Limitation of Liability
To the fullest extent permitted by law, Kelpie Studios shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of our Services. In no event shall our total liability to you exceed the fees paid by you to Kelpie Studios under the applicable contract for the specific campaign or service.
8. Indemnification
You agree to indemnify, defend, and hold harmless Kelpie Studios, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of our Services or violation of these Terms.
9. Termination
Kelpie Studios reserves the right to suspend or terminate your access to our Services at any time, with or without cause, and without prior notice. In the event of termination, any outstanding payment obligations will remain due and payable. For advertising or content marketing campaigns, termination shall be governed by the termination provisions of the specific contractual agreement in place.
10. Governing Law and Jurisdiction
These Terms, and any disputes arising out of or related to them, shall be governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the courts located in the United Kingdom for the resolution of any disputes.
11. Miscellaneous
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
- Entire Agreement: These Terms, together with any separate contractual agreements for advertising or content marketing campaigns, constitute the entire agreement between you and Kelpie Studios regarding the subject matter herein.
- Waiver: Any failure by Kelpie Studios to enforce any provision of these Terms shall not be deemed a waiver of that provision.
12. Contact Information
If you have any questions or concerns regarding these Terms or our Services, please contact us at:
Kelpie Studios
Email: info@kelpiestudios.com
Phone: +44 020 8191 2926
By using our website and Services, including engaging in advertising or content marketing campaigns within the United Kingdom, you acknowledge that you have read, understood, and agree to these Terms of Use.