Terms of service

About these terms

These terms of service govern your use of the Mad Social website (madsocial.co.uk) and any services provided by Mad Social. Mad Social is a trading name of O'Hanlon Potter Enterprise Limited, a company registered in Scotland.

By using our website or engaging our services, you agree to these terms. If you do not agree, please do not use our website or services.

Questions? Email us at hello@madsocial.co.uk.

Services we provide

Mad Social provides e-commerce marketing services, which may include:

• Marketing audits (Meta advertising, email marketing, Shopify)
• Marketing strategy and consultation
• Social advertising campaign management (Meta, TikTok, Pinterest)
• Email marketing (Klaviyo)
• Shopify conversion rate optimisation

The specific services provided to you will be set out in a separate client agreement or proposal. These terms apply in addition to any such agreement.

Account creation and accurate information

If you create an account or submit information through our website or tools, you agree to:

• Provide accurate, current, and complete information
• Keep your login credentials secure and not share them with others
• Notify us immediately if you become aware of any unauthorised use of your account
• Ensure you have the authority to connect third-party accounts (such as Facebook ad accounts) on behalf of your business

We reserve the right to suspend or close accounts that contain false or misleading information.

Acceptable use

You agree not to use our website or services to:

• Violate any applicable law or regulation
• Infringe the intellectual property rights of Mad Social or any third party
• Transmit any material that is harmful, offensive, fraudulent, or misleading
• Attempt to gain unauthorised access to our systems or other users' accounts
• Use automated tools to scrape, crawl, or extract data from our website without permission
• Interfere with the proper functioning of our website or services

We reserve the right to terminate access to our services for any user who violates these acceptable use provisions.

Intellectual property

All content on the Mad Social website - including text, graphics, logos, and software - is the property of O'Hanlon Potter Enterprise Limited or its licensors and is protected by UK copyright law.

You may not reproduce, distribute, or create derivative works from our content without our prior written permission.

Where we create marketing materials, strategies, or other deliverables for you as part of an engagement, ownership of those deliverables will be set out in your client agreement. In the absence of any specific agreement, deliverables remain the property of Mad Social until full payment is received.

You retain ownership of all content, data, and assets you provide to us. By providing them, you grant us a limited licence to use them solely to deliver the services you have engaged us for.

Payment

Payment terms for services will be set out in your client agreement or invoice. Unless otherwise agreed:

• Invoices are due within 14 days of issue
• Late payments may result in suspension of services
• We are not VAT registered and do not charge VAT

Disclaimer and limitation of liability

Our website and any free resources (such as audits and reports) are provided "as is" without warranties of any kind. We make no guarantee that our recommendations will produce specific results, as marketing performance depends on many factors outside our control.

To the extent permitted by law, O'Hanlon Potter Enterprise Limited's total liability to you in connection with these terms or our services shall not exceed the total fees paid by you to us in the three months preceding the claim.

We are not liable for any indirect, incidental, or consequential losses, including loss of profits, loss of data, or damage to reputation.

Nothing in these terms excludes or limits our liability for fraud, death or personal injury caused by our negligence, or any other liability that cannot be excluded by law.

Third-party platforms

Our services involve working with third-party platforms including Meta, Klaviyo, Shopify, and others. We are not responsible for changes to these platforms' policies, features, or performance that affect the services we provide.

Your use of third-party platforms is governed by their own terms and privacy policies.

Termination

Either party may terminate a service engagement in accordance with the terms of the relevant client agreement. In the absence of a specific agreement, either party may terminate with 30 days' written notice.

We may terminate or suspend your access to our website and tools immediately and without notice if we believe you have breached these terms or engaged in any conduct harmful to Mad Social or other users.

On termination, we will return or delete your data in accordance with our privacy policy and any applicable data processing agreements.

Governing law

These terms are governed by the laws of Scotland and the United Kingdom. Any disputes arising from these terms or our services will be subject to the exclusive jurisdiction of the courts of Scotland.

Changes to these terms

We may update these terms from time to time. We will notify active clients of any material changes. Continued use of our website or services after changes take effect constitutes your acceptance of the revised terms.

Contact

If you have questions about these terms, please contact us at hello@madsocial.co.uk.

O'Hanlon Potter Enterprise Limited, Edinburgh, Scotland, UK.