Terms of Service — Harbour Demand Marketing Ltd
Effective Date: 13 July 2026
These Terms of Service govern the provision of services by Harbour Demand Marketing Ltd, a demand-marketing business with its registered business address at Harbour Demand, 14 King Street, South Shields, Tyne and Wear, NE33 1AX, United Kingdom, email [email protected], telephone +44 191 427 5836 ("Harbour Demand Marketing Ltd", "we", "us", or "our").
These Terms apply to all clients, website users, prospects, and any person or entity purchasing, accessing, or otherwise using our services ("you" or "your"). By engaging our services, signing a proposal, accepting an estimate, paying an invoice, or otherwise instructing us to proceed, you agree to be bound by these Terms.
1. Introduction and Acceptance of Terms
These Terms of Service set out the basis on which Harbour Demand Marketing Ltd provides demand-marketing and related services. If you do not agree to these Terms, you must not use our services.
Where we issue a proposal, statement of work, quotation, order form, or other written service document, that document together with these Terms forms the agreement between the parties. If there is any conflict, the order of precedence will be: (1) the signed statement of work or order form, (2) the proposal or quotation, and (3) these Terms, unless expressly stated otherwise in writing by Harbour Demand Marketing Ltd.
2. Scope of Services
Harbour Demand Marketing Ltd provides demand-marketing and related consulting and implementation services, which may include, without limitation:
- Demand generation strategy;
- Account-based marketing (ABM);
- Content-led lead nurturing;
- Paid media campaign management;
- Marketing automation setup;
- Sales and marketing alignment workshops; and
- Conversion rate optimisation.
The exact scope, deliverables, timelines, dependencies, and pricing for any engagement will be specified in the applicable proposal, statement of work, or order form.
Unless expressly agreed in writing, our services are advisory and implementation-based marketing services and do not include legal, tax, accounting, regulatory, investment, or other professional advice. You remain solely responsible for determining whether the services and deliverables are suitable for your business and for obtaining any independent advice you require.
3. User Obligations and Responsibilities
You agree to:
- Provide accurate, complete, and timely information necessary for us to perform the services;
- Ensure you have the authority to enter into the agreement and to supply us with any materials, access credentials, approvals, and instructions;
- Co-operate reasonably with our requests for feedback, approvals, and content or data required to deliver the services;
- Review deliverables promptly and notify us of any issues, errors, or required changes within a reasonable time;
- Use any deliverables lawfully and in compliance with all applicable laws, advertising rules, privacy rules, intellectual property laws, and platform terms;
- Obtain all permissions, consents, and licences required for materials you supply to us, including logos, images, copy, data, and third-party content;
- Not instruct us to undertake any unlawful, misleading, defamatory, discriminatory, or infringing activity; and
- Maintain appropriate security over any accounts, passwords, and systems you provide to us or through which we access your systems.
You acknowledge that delays caused by your failure to provide information, approvals, access, or payments may affect timelines and may result in additional charges or schedule changes.
4. Payment Terms and Conditions
Fees, billing arrangements, and payment schedules will be set out in the relevant proposal or invoice. Unless otherwise agreed in writing:
- All fees are quoted in pounds sterling (GBP) and are exclusive of VAT and any other applicable taxes, duties, or levies;
- Invoices are payable within the period stated on the invoice, or if no period is stated, within 14 days of the invoice date;
- We may require payment in advance, retainers, milestones, or staged payments;
- Late payments may result in suspension of services until overdue amounts are settled in full;
- You will be responsible for any reasonable costs incurred by us in recovering overdue amounts, including debt recovery charges and legal fees to the extent permitted by law;
- Bank or payment processing fees charged by your bank or payment provider are your responsibility.
Unless expressly included in the agreed fee, all third-party costs are additional and may include media spend, software subscriptions, stock assets, freelancers, printing, hosting, domains, and platform fees. We are not responsible for third-party charges or fluctuations in media performance, CPMs, CPCs, auction dynamics, or platform pricing.
Any changes to scope requested by you may result in revised fees, revised timelines, or both. We may charge for out-of-scope work at our then-current rates or as otherwise agreed.
5. Cancellation and Refund Policy
Either party may terminate an engagement in accordance with the notice provisions in the applicable proposal, order form, or statement of work, or where no such provisions exist, by giving written notice on reasonable notice.
Upon cancellation or termination:
- You must pay for all services performed and costs incurred up to the effective termination date;
- Any non-cancellable commitments or third-party costs already incurred remain payable;
- We may suspend access to ongoing work, accounts, deliverables, or materials until outstanding amounts are paid;
- Any prepaid fees are non-refundable except where required by law or expressly stated otherwise in writing by Harbour Demand Marketing Ltd.
Because our services often involve strategic planning, time-based labour, and third-party commitments, refunds will not be provided for completed work, approved work, or partially completed work, except where mandatory consumer or other applicable law requires otherwise. If we agree to a refund in writing, we may deduct reasonable costs already incurred.
We may terminate or suspend the services immediately if you materially breach these Terms, fail to pay amounts due, provide unlawful instructions, or act in a manner that reasonably prevents us from performing the services.
6. Liability Limitations
Nothing in these Terms limits or excludes liability where such limitation or exclusion would be unlawful, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot legally be limited or excluded.
Subject to the above, Harbour Demand Marketing Ltd will not be liable for:
- Loss of profits, revenue, business, goodwill, anticipated savings, or data;
- Indirect, incidental, special, consequential, or punitive losses;
- Any failure or delay caused by inaccurate information, your instructions, your systems, third-party tools, or platform outages;
- Any marketing, sales, or commercial outcomes not expressly guaranteed in writing;
- Third-party acts or omissions, including advertising platforms, software vendors, publishers, media suppliers, payment providers, or hosting providers.
To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with the services, whether in contract, tort, negligence, breach of statutory duty, or otherwise, shall be limited to the total fees paid by you to Harbour Demand Marketing Ltd for the specific services giving rise to the claim during the three (3) months preceding the event giving rise to liability, or such lower amount as may be required by applicable law.
You are responsible for maintaining appropriate insurance for your business, including cyber, professional, public liability, and business interruption cover, where relevant.
7. Intellectual Property Rights
Unless otherwise agreed in writing, all pre-existing intellectual property, methodologies, processes, templates, know-how, frameworks, concepts, tools, and working materials used or developed by Harbour Demand Marketing Ltd remain our property.
Subject to full payment of all amounts due, you receive a non-exclusive, non-transferable, revocable licence to use final deliverables created specifically for you for your internal business purposes and for the agreed campaign or project purpose. This licence does not extend to our underlying tools, templates, or proprietary systems unless expressly stated in writing.
You retain ownership of the materials you supply to us. You grant Harbour Demand Marketing Ltd a worldwide, non-exclusive, royalty-free licence to use, reproduce, adapt, store, display, and process your supplied materials solely as necessary to perform the services.
Unless you object in writing, you grant us permission to identify you as a client and to use your name and logo in our portfolio, website, case studies, credentials, or marketing materials, provided we do not disclose confidential information. We may request separate permission for detailed case studies, testimonials, or performance metrics.
No intellectual property rights are transferred to you except as expressly stated in these Terms or in a signed written agreement by Harbour Demand Marketing Ltd.
8. Data Protection and Privacy
Both parties will comply with applicable data protection and privacy laws, including the UK GDPR and the Data Protection Act 2018, to the extent applicable to the services.
Where we process personal data on your behalf, we will do so only for the purposes of delivering the services, in accordance with your lawful instructions, and subject to appropriate confidentiality and security measures. You acknowledge that, depending on the engagement, we may act as a processor or as an independent controller in respect of certain data.
You are responsible for ensuring that you have a lawful basis for providing personal data to us and for instructing us to process it, including obtaining any required notices and consents from data subjects where necessary.
We may use third-party tools, platforms, and service providers to deliver the services, including analytics, CRM, automation, advertising, collaboration, and hosting tools. Some of these providers may process data outside the United Kingdom. Where applicable, appropriate transfer safeguards or other lawful mechanisms will be used.
For more information on how we handle personal data, please contact us using the details in Section 12. If a separate privacy policy is made available by Harbour Demand Marketing Ltd, that policy will also apply.
9. Force Majeure
Harbour Demand Marketing Ltd will not be liable for any delay or failure to perform our obligations where such delay or failure is caused by events beyond our reasonable control, including but not limited to:
- Acts of God, flood, fire, storm, epidemic, or pandemic;
- War, terrorism, civil unrest, strike, labour dispute, or industrial action;
- Failure of utilities, communications networks, hosting services, or internet connectivity;
- Failure or interruption of third-party platforms, software, or service providers;
- Government action, law changes, or regulatory intervention.
If a force majeure event continues for an extended period and materially affects service delivery, either party may discuss a fair adjustment to timelines or, where necessary, termination of the affected services.
10. Changes to Terms
We may update or amend these Terms from time to time to reflect changes in our services, business practices, legal requirements, or operational needs. The updated Terms will apply from the date stated on the revised version or, if no date is stated, from the date they are published or communicated to you.
Where required by law or where the changes are material, we will use reasonable efforts to notify you by email or another appropriate method. Your continued use of our services after the effective date of any updated Terms constitutes acceptance of the revised Terms.
No variation to these Terms will be valid unless agreed in writing by an authorised representative of Harbour Demand Marketing Ltd.
11. Applicable Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or formation shall be governed by and construed in accordance with the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, subject to any mandatory consumer rights or other mandatory legal provisions that apply.
12. Contact Information
If you have any questions, complaints, notices, or requests relating to these Terms or our services, please contact:
Harbour Demand Marketing Ltd
Harbour Demand, 14 King Street,
South Shields, Tyne and Wear,
NE33 1AX,
United Kingdom
Email: [email protected]
Telephone: +44 191 427 5836
13. Severability Clause
If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court or competent authority, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or if that is not possible, severed from these Terms.
The remaining provisions will remain in full force and effect, and the validity and enforceability of the remaining Terms will not be affected.
Harbour Demand Marketing Ltd thanks you for reviewing these Terms of Service and looks forward to working with you.