Done-For-You Sales System
Service Agreement
ABOUT THIS AGREEMENT
This is the Service Agreement between Digital Marketing Engine Ltd and you, the purchasing client, for the Done-For-You Sales System. By completing your purchase on this website you confirm that you’ve read, understood and agreed to be bound by these terms. If you don’t agree, please don’t complete the purchase.
These terms apply alongside our website Terms and Conditions and Privacy Statement, which form part of the agreement between us.
PARTIES
(1)Digital Marketing Engine Ltd, a company incorporated in England and Wales (registration number 11480111) having its registered office at Suite 128 iCentre, Howard Way, Newport Pagnell, Bucks, MK16 9FX, United Kingdom (“we”, “us”, “our” or “DME”); and
(2)the individual or business that completes purchase of the Done-For-You Sales System through our website (“you”, “your” or “the Client”).
DME and the Client are each a Party and together the Parties.
1. DEFINITIONS
1.1In this Agreement:
“Agreement” means this Service Agreement together with your order confirmation, any invoices we issue, and any written variation agreed between the Parties.
“Build” means the one-time setup, configuration, design, copywriting and integration work specified in clause 3.
“Build Fee” means the one-time fee of £1,997 payable on purchase, as set out in clause 5.
“Business Day” means any day other than a Saturday, Sunday or UK public holiday.
“Confidential Information” means any non-public information disclosed by one Party to the other in connection with this Agreement, including business plans, customer lists, pricing, marketing strategies, designs, technical know-how and trade secrets.
“Deliverables” means the items listed in clause 3 that we’ll produce and hand over to you under this Agreement.
“Effective Date” means the date on which you complete your purchase through our website.
“Hosting and Support” means the ongoing platform hosting and editing service described in clause 4.
“Hosting Fee” means the recurring monthly fee of £79 (with the first month free) for Hosting and Support.
“Platform” means the GoHighLevel-based hosting environment we use to run your funnels, pages and automations.
“Services” means the Build together with the Hosting and Support.
2. TERM AND ACCEPTANCE
2.1This Agreement comes into force on the Effective Date.
2.2The Build commences once you’ve returned the onboarding form, brand assets and any third-party access we reasonably need (see clause 6).
2.3Hosting and Support starts on the date your funnels go live and continues monthly until either Party cancels in accordance with clause 4.4 or this Agreement is otherwise terminated.
3. THE BUILD: WHAT YOU GET
3.1We’ll provide the following Deliverables as part of the Build:
(a)Lead Magnet Strategy and Creation. One 1:1 strategy session with Isobel Burns. A professionally written and designed PDF lead magnet in your branding, crafted to attract your target audience and position you as the trusted go-to in your space.
(b)Audience-Building Lead Magnet Funnel. An opt-in page, thank you page, automated delivery email and a 5-part nurture email sequence. Fully built, branded and live on the Platform.
(c)Complete Webinar Funnel. Registration, confirmation, replay, sales and post-sale pages. Full funnel copywriting, design and build in your brand. Five post-signup emails to drive attendance. Integrated with your ad accounts and email platform, ready to launch.
(d)Two Paid Ad Campaigns Set Up Ready to Go. Campaign 1 set up for Lead Magnet Growth. Campaign 2 set up for Instagram Profile Growth. Ad copy, hooks, creative design and branded visuals included. Campaigns are built and ready to launch under your ad account.
(e)Meta Business Manager Setup and Tracking Integration. Business Manager setup and integration with Instagram, your ad account, datasets and platforms. Meta Pixel and Conversions API installed for accurate tracking and optimised ad delivery.
(f)Hosting and Support. Ongoing platform hosting and editing service as described in clause 4.
3.2Bonuses included with this purchase:
(a)one additional month of post-launch optimisation and troubleshooting at no extra cost;
(b)one month free membership support equivalent to the Hosting and Support service (a value of £79); and
(c)a priority build slot, subject to availability at the time of purchase.
3.3Anything not expressly listed in clause 3.1, clause 3.2 or your written order confirmation isn’t included. Out-of-scope work can be quoted separately and will only proceed once you’ve approved it in writing.
4. HOSTING AND SUPPORT
4.1Hosting and Support includes Platform hosting for your funnels, pages, automations and tracking, plus 2 hours (non-cumulative) of edits or builds per calendar month carried out by our team.
4.2The 2 hours per month are non-cumulative. Any unused time doesn’t carry over and isn’t refundable.
4.3The Hosting Fee is £79 per calendar month. The first month is free. Billing starts on the first day of the second calendar month after your funnels go live and continues monthly until cancelled.
4.4Either Party may cancel Hosting and Support by giving 30 days’ written notice. Notice from you should be sent to [email protected]. Cancellation takes effect at the end of the next full billing month after we receive your notice.
4.5If Hosting and Support is cancelled, your funnels, pages and assets will be removed from the Platform 14 days after cancellation takes effect, unless you’ve arranged migration in writing or reactivated the service. We’ll provide your final source files and copy on request before removal.
5. FEES AND PAYMENT
5.1The Build Fee is £1,997. It’s a one-time payment due on purchase and is taken in full at checkout.
5.2The Hosting Fee is £79 per month, with the first month free, charged automatically by recurring card payment from the start of the second month.
5.3All amounts are stated in pounds sterling and exclusive of any applicable VAT, which we’ll add at the prevailing rate on invoices and recurring charges where required.
5.4If a recurring payment fails, we’ll attempt to retake payment within 7 days. If the payment remains unpaid after 14 days, we may suspend Hosting and Support until the balance is settled.
5.5If any other amount properly due to us isn’t paid by its due date, we may charge interest on the overdue amount at 8% per annum above the Bank of England base rate from time to time, accruing daily and compounding monthly until paid, or claim interest and statutory compensation under the Late Payment of Commercial Debts (Interest) Act 1998.
6. WHAT YOU PROVIDE TO US
6.1To deliver the Build on time, we’ll need you to give us:
(a)brand assets including logo files, colour codes, typography preferences and any imagery you want us to use;
(b)brand voice notes, key messaging, or any approved copy you’d like incorporated;
(c)admin access to or invitations into your Meta Business Manager, ad account, Instagram, email platform and any other third-party tools we reasonably need;
(d)approval of drafts at the points set out in clause 7.
6.2If you don’t provide what we’ve reasonably asked for within 5 Business Days of the request, the build timetable in clause 7 may shift accordingly. We’ll do our best to keep you on track, but we can’t be held responsible for missed deadlines that result from waiting on your inputs.
7. TIMETABLE
7.1We aim to deliver the full Build live and ready to run within 6 to 8 weeks from the date you’ve returned all onboarding materials and access requested under clause 6.
7.2Indicative milestones:
(a)onboarding call and strategy session: within 7 Business Days of you returning the onboarding form;
(b)lead magnet PDF first draft: within 14 Business Days of the strategy session;
(c)funnel build, webinar pages and ad creative drafts: within 4 weeks of the strategy session; and
(d)final review, revisions and go-live: within 2 weeks of you approving final drafts.
7.3You’ll have one round of revisions at draft stage for each Deliverable, plus a second round of light tweaks after the funnel goes live. Further changes after that fall under your monthly Hosting and Support hours, or can be quoted separately.
8. CANCELLATION RIGHTS (IF YOU’RE A CONSUMER)
8.1If you’re purchasing as a consumer (i.e. for purposes outside your trade, business, craft or profession), you have the right to cancel this Agreement within 14 days of the Effective Date under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, without giving any reason.
8.2To exercise the right to cancel, write to us at [email protected] before the 14-day cancellation period expires.
8.3By completing your purchase, you expressly request that we begin providing the Services straight away. You acknowledge that if we’ve started work during the 14-day cancellation period at your request, you’ll be required to pay for the work carried out up to the point you tell us you’re cancelling. The amount payable will be calculated on a fair and reasonable basis, including the value of work delivered and any third-party costs we’ve already incurred.
8.4If you cancel within the 14-day period and we haven’t started work, we’ll refund the Build Fee in full within 14 days of receiving your cancellation notice.
8.5The right to cancel doesn’t apply once the Build has been fully delivered.
9. CANCELLATION RIGHTS (IF YOU’RE A BUSINESS)
9.1If you’re purchasing in the course of business, the cancellation rights in clause 8 don’t apply.
9.2The Build Fee is non-refundable once we’ve started work.
10. 30-DAY BUILD GUARANTEE
10.1We stand behind every Build. Your system is delivered pre-tested, live and ready to run.
10.2If, within 30 days of go-live, any part of the technical setup or Build we’ve delivered doesn’t function as described in clause 3, we’ll fix it at no extra cost and within a reasonable timeframe.
10.3The guarantee covers the Build elements we’ve produced. It doesn’t cover:
(a)third-party platform outages or feature changes outside our control;
(b)issues caused by you or anyone else editing or breaking the Build after handover;
(c)ad account performance, conversion rates, sales results or any commercial outcomes (we don’t and can’t guarantee results); or
(d)changes you’ve requested that fall outside the original scope.
11. WARRANTIES
11.1We warrant to you that we’ll perform the Services with reasonable care and skill, and in accordance with the standards reasonably expected of a competent UK marketing agency.
11.2You warrant to us that:
(a)you have the legal right and authority to enter into this Agreement;
(b)any content, copy, imagery or assets you provide are lawful, accurate and don’t infringe any third party’s rights; and
(c)you’ll comply with all advertising platform policies (including those of Meta), all applicable laws and regulations, and any consumer protection or financial promotion rules that apply to your business.
11.3Other than as expressly stated in this Agreement, all warranties, conditions and representations are excluded to the maximum extent permitted by law. We don’t warrant or guarantee any specific commercial result, lead volume, conversion rate, return on ad spend, or revenue.
12. LIMITATION OF LIABILITY
12.1Nothing in this Agreement limits or excludes our liability for:
(a)death or personal injury caused by negligence;
(b)fraud or fraudulent misrepresentation; or
(c)any liability that can’t lawfully be limited or excluded.
12.2Subject to clause 12.1, we won’t be liable to you for any:
(a)loss of profits, revenue, anticipated savings or business;
(b)loss of goodwill, reputation or commercial opportunity;
(c)loss or corruption of data; or
(d)indirect, special or consequential loss, however arising.
12.3Subject to clause 12.1, our total aggregate liability to you under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is capped at the total Fees actually paid by you to us in the 12 months immediately preceding the event giving rise to the claim.
12.4You acknowledge that the limits in this clause 12 are reasonable given the nature of the Services and the Fees, and that we hold professional indemnity insurance covering our liability under this Agreement.
13. INTELLECTUAL PROPERTY
13.1On full payment of the Build Fee, you’ll own the copyright in the final Deliverables produced specifically for you under this Agreement, including the lead magnet PDF, page copy, email copy and ad creative produced for your account.
13.2We retain ownership of:
(a)any pre-existing materials, frameworks, methodologies, templates, code or know-how we’ve developed independently of this Agreement, including our proprietary Ads Ecosystem methodology and Installing Criteria framework; and
(b)any underlying tools, processes or systems we use to deliver the Services.
13.3Where any item in clause 13.2 is embedded in your Deliverables, we grant you a perpetual, non-exclusive, worldwide, royalty-free licence to use it as part of those Deliverables for your own business.
13.4Third-party stock imagery, fonts and software remain the property of their respective owners and are licensed to you on the standard terms applicable to those assets.
13.5We may include anonymised, high-level results, screenshots and case study references in our marketing materials. We won’t quote you or use your name without your written consent.
14. CONFIDENTIALITY
14.1Each Party agrees to keep the other’s Confidential Information confidential, to use it only for the purposes of performing this Agreement, and not to disclose it to any third party without consent.
14.2The obligation in clause 14.1 doesn’t apply to information that’s in the public domain (other than through breach of this Agreement), was already known to the receiving Party, is required to be disclosed by law or by a regulator, or is independently developed by the receiving Party.
14.3This clause 14 survives termination of this Agreement.
15. DATA PROTECTION
15.1In delivering the Services, we’ll process limited personal data in accordance with the UK GDPR and the Data Protection Act 2018. Our Privacy Statement, available on our website, sets out how we handle personal data we collect from you as our customer.
15.2Where we process personal data on your behalf as a data processor (for example, contacts captured by funnels we’ve built for you), we’ll do so only on your documented instructions, take appropriate technical and organisational measures to keep that data secure, and assist you with any data subject requests as reasonably required.
15.3You’re responsible for ensuring your funnels, lists and marketing comply with applicable privacy and direct marketing laws, including the Privacy and Electronic Communications Regulations and the UK GDPR.
16. TERMINATION
16.1Either Party may terminate this Agreement immediately by written notice if the other Party:
(a)commits a material breach that isn’t remedied within 14 days of written notice asking it to do so; or
(b)becomes insolvent, enters administration or liquidation, has a receiver appointed over its assets, or ceases to carry on business.
16.2We may terminate this Agreement immediately by written notice if you behave in a way that’s abusive, threatening or unreasonably hostile to our team, or if we reasonably believe continuing the engagement would damage our reputation or the wellbeing of our team.
16.3Termination of Hosting and Support is governed by clause 4.4.
17. EFFECTS OF TERMINATION
17.1On termination, all rights and obligations cease except those that by their nature are intended to survive, including clauses 5 (in respect of unpaid sums), 12, 13, 14 and 19 to 22.
17.2If we terminate under clause 16.1 because of your material breach or insolvency, the Build Fee remains payable in full and any pre-paid Hosting Fees aren’t refundable.
17.3If you terminate under clause 16.1 because of our material breach, we’ll refund Fees on a fair and reasonable basis, taking into account work already completed.
18. STATUS OF THE PARTIES
18.1We’re an independent service provider. Nothing in this Agreement creates a partnership, joint venture, agency or employment relationship between us.
19. SUBCONTRACTING AND ASSIGNMENT
19.1We may use trusted subcontractors and freelancers (including designers, copywriters, developers and ad managers) to deliver elements of the Services. We remain responsible to you for their work and will ensure they’re bound by equivalent confidentiality obligations.
19.2You may not assign or transfer this Agreement without our prior written consent.
20. FORCE MAJEURE
20.1Neither Party is liable for delays or failures in performance caused by events beyond its reasonable control, including platform outages, cyber attacks, internet failures, government action, natural disasters, civil unrest or pandemic. The affected Party will notify the other as soon as reasonably possible and use reasonable efforts to resume performance.
21. COMPLAINTS
21.1If you’re unhappy with any aspect of the Services, please tell us. Email a written description of the issue, with any supporting evidence and the outcome you’re looking for, to [email protected].
21.2We’ll acknowledge your complaint within 3 Business Days and provide a written response, including any proposed resolution, within 10 Business Days.
22. GENERAL
22.1No waiver of any breach is effective unless given in writing.
22.2If any provision of this Agreement is held to be unlawful or unenforceable, the rest of the Agreement remains in full effect.
22.3This Agreement may only be varied in writing, signed by or on behalf of each Party. We may update these terms from time to time for new customers. Existing engagements remain on the terms in force at the Effective Date.
22.4This Agreement is for the benefit of the Parties only. No third party has rights to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
22.5This Agreement, together with your order confirmation, our Privacy Statement and our website Terms and Conditions, contains the entire agreement between the Parties on its subject matter and supersedes any prior discussions, proposals or understandings.
22.6This Agreement is governed by the laws of England and Wales.
22.7The courts of England and Wales have exclusive jurisdiction to settle any dispute arising from this Agreement.
CONTACT
Digital Marketing Engine Ltd
Company Number: 11480111
Registered Office: Suite 128 iCentre, Howard Way, Newport Pagnell, Bucks, MK16 9FX, United Kingdom
Email: [email protected]