1. These terms
These terms are between Sam Is Marketing Ltd, a company registered in the United Kingdom ("Sam Is Marketing", "we", "us"), and the business engaging our services ("Client", "you").
They apply alongside the order, proposal, subscription or invoice you have accepted. Where a signed agreement covers the same subject and conflicts with these terms, that agreement takes precedence. Using our website or services means you accept these terms.
We contract with clients in the United Kingdom and in Nigeria. Where local law in your country gives you rights that cannot be excluded by agreement, those rights stand regardless of anything in these terms. Prices, taxes and payment methods may differ between the two markets, and the position that applies to you is the one stated in your order.
2. Our services
We provide marketing and technology services to professional firms. Depending on what you purchase, these may include:
Only the components listed in your order are included. Anything else is a separate purchase.
3. AI Smart Website
AI Smart Website is an ongoing service rather than a one-off website build. Depending on your package it may include website hosting, enquiry capture, automated responses, AI-assisted communication, follow-up automation, consultation and appointment workflows, client onboarding steps, marketing intelligence, and integrations with third-party systems.
Feature availability depends on the package you have purchased and on what has actually been configured for your firm. A feature described on our website is not automatically part of your service.
The service depends on third-party platforms and telecommunications providers. Those systems can experience outages, API changes, carrier limitations, service interruptions, technical failures and policy changes outside our control. We will make reasonable efforts to restore or reconfigure the service when that happens, but we cannot guarantee uninterrupted availability of third-party services, and we are not liable for their failures.
AI-assisted communication supports routine enquiry handling and follow-up. It does not provide professional, legal, financial or regulated advice, and it does not replace your team's judgement. You remain responsible for the professional advice your firm gives its own clients.
4. No guarantee of results
This matters, so it is stated plainly. We do not guarantee:
Marketing performance depends on factors that are not ours to control, including your market, your offer, competition, advertising budget, your website, your sales process, your reviews, customer demand, how quickly your team responds, how you implement our recommendations, and the policies of external platforms and search engines.
What we commit to is delivering the services in your order with reasonable skill and care.
5. Fees and billing
The applicable fees are those stated in your order, proposal, subscription, invoice or other applicable agreement.
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Fees already paid for a period of service that has been delivered are non-refundable, because the work and third-party costs for that period have already been incurred. Where we have not yet begun work on a distinct deliverable you have paid for, or where we cancel or fail to provide it, we will refund the amount fairly attributable to that undelivered part. Set-up, onboarding and build fees are non-refundable once work has started. Advertising spend and other usage-based third-party charges are not refundable by us once committed to the platform. Nothing in this section affects any statutory rights you have that cannot be excluded.
6. Your responsibilities
You are responsible for:
Delays in providing information, content or approvals will delay delivery, and we are not responsible for the consequences of those delays.
7. Email, SMS and voice communications
Where your package includes email, SMS or voice capabilities, those messages are sent to your firm's contacts, on your behalf, under your control. You are the sender in substance, and you are responsible for ensuring you have a lawful basis and any necessary consent to contact each recipient.
That means you are responsible for:
Where SMS is configured, standard opt-out handling such as STOP and HELP keywords applies. Message delivery depends on carriers and platform providers and cannot be guaranteed. Carrier restrictions, filtering, registration requirements and message limits may apply and may change without notice.
Call recording is not enabled by default. It is available only where your package includes it and you ask us to switch it on. Where recording is enabled for your firm, you are the controller of those recordings and you are responsible for giving callers the notice applicable law requires at the start of the call, for obtaining consent where consent is the applicable basis, for stating the purpose of the recording, and for setting a retention period and honouring access requests. We will configure the announcement and retention settings you instruct, but we do not decide those settings for you and we do not monitor the content of your recordings.
8. Data protection
Each side will comply with applicable data protection law, including the UK GDPR and Data Protection Act 2018 and, where relevant to your operations, the Nigeria Data Protection Act 2023.
Where we process personal data about your own clients and enquirers through systems we operate for you, you are the controller and we act as processor on your documented instructions. Where a data processing agreement is required, this section operates as that agreement. We will process personal data only on your documented instructions and for the purposes of delivering the services; keep it confidential and impose equivalent duties on our staff; apply appropriate technical and organisational security measures; engage sub-processors only where they are bound by equivalent obligations, and tell you if we intend to change them; assist you with data subject requests, impact assessments and regulator enquiries at your reasonable cost; notify you without undue delay if we become aware of a personal data breach affecting your data; and on termination delete or return the personal data we hold for you, except where we are required to retain it. Where personal data is transferred out of the UK or Nigeria, we will put an appropriate transfer safeguard in place. Details of the processing, including its subject matter, duration, nature, purpose, the categories of data subject and the types of personal data, are set out in your order and in the configuration of the services you have purchased.
Our handling of information collected through our own website is described in our Privacy Policy.
9. Intellectual property
Ours
Our proprietary systems, software, frameworks, templates, automation workflows, internal processes, reusable components, marketing methodologies, designs and underlying technology remain our property. Nothing in these terms transfers ownership of them to you.
Yours
Your logos, business information, supplied text, supplied images and other materials you give us remain your property. You grant us the licence we need to use them to deliver the services.
While your service is active and paid for, you have a licence to use the website and systems we provide for your firm's own business purposes.
On cancellation, that licence ends. Access to hosted systems, automations and configured integrations stops, and our reusable frameworks and workflows remain ours. We do not transfer source code, platform accounts or underlying systems unless your order expressly says so. Before cancellation takes effect you may request an export of your own content and contact data, and we will provide it in a reasonable commonly used format.
10. Third-party platforms
Our services rely on third-party platforms, hosting, telephony, messaging, advertising networks and search engines. Their availability, pricing, policies, approval decisions and technical behaviour are outside our control. You are responsible for complying with the rules of any platform your marketing runs on. Suspension or restriction of your account by a third-party platform is not a failure of our services.
11. Term, suspension and cancellation
Subscription services continue until cancelled in accordance with your order. Unless your order states otherwise, subscription services run on a rolling monthly term and either side may cancel by giving 30 days written notice, taking effect at the end of the next billing period. Where your order specifies a minimum term, cancellation before the end of that term does not relieve you of the fees payable for the remainder of it. Notice of cancellation should be sent in writing to the contact address in section 16, and cancellation is effective when we acknowledge it.
We may suspend the services where payment is overdue, where use of the services breaches these terms or applicable law, or where continued operation would put us or a third-party provider at risk. We will give reasonable notice where it is practical to do so.
Either side may terminate for material breach that is not remedied within a reasonable period after written notice.
12. Liability
We do not exclude or limit liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited.
Subject to that, we are not liable for loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of goodwill, or any indirect or consequential loss.
Subject to the paragraph above, our total liability arising out of or in connection with the services, whether in contract, tort including negligence, breach of statutory duty or otherwise, is limited in aggregate to the total fees you paid us for the services in the twelve months immediately before the event giving rise to the claim, excluding advertising spend and other third-party usage charges passed through to you. Each side must notify the other of a claim within a reasonable period of becoming aware of it. We are not liable for the acts, omissions, outages, price changes or policy decisions of third-party platforms, for loss or corruption of data caused by a third-party provider, or for losses arising from information, content or approvals you supplied to us.
13. Confidentiality
Each side will keep the other's non-public business information confidential and use it only to perform the agreement, except where disclosure is required by law or to professional advisers and providers who need it to deliver the services.
14. Changes to these terms
We may update these terms as our services or the law change. The date at the top shows the current version. Where a change materially affects an active subscription, we will give reasonable notice.
15. Governing law and disputes
These terms and any dispute arising out of them are governed by the laws of England and Wales. We are a company incorporated in the United Kingdom, and English law governs our contracts unless your order expressly states otherwise.
The courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with these terms. If you are a client in Nigeria, this choice of law and jurisdiction does not remove any right you have under Nigerian law that cannot be excluded by agreement, and it does not prevent either side from applying to a Nigerian court for urgent interim relief, such as an injunction, where that is the only effective remedy.
Before starting court proceedings, both sides agree to try to resolve the matter directly:
Nothing here prevents either side from seeking urgent interim relief at any time, or from recovering an undisputed debt. There is no compulsory arbitration and no waiver of your right to bring a claim in court.
16. Contact
Questions about these terms can go to info@samismarketing.com.