Terms of Service for Clarity Growth Marketing Limited
Effective Date: 27 August 2026
1. Introduction and Acceptance of Terms
These Terms of Service (the "Terms") govern your access to and use of the services provided by Clarity Growth Marketing Limited, with its registered/business address at Clarity Growth Marketing, 2 Hanover Quay, Grand Canal Dock, Dublin 2, D02 A525, Ireland (the "Company", "we", "us", or "our").
By engaging the Company, signing a proposal or statement of work, making payment, or otherwise using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.
These Terms apply to all business clients, prospects, and users who engage the Company for marketing services in any form, including online, by email, by phone, or through written agreement.
2. Scope of Services
The Company provides business-marketing services, which may include, without limitation:
- Brand strategy and positioning
- Digital marketing campaigns
- Social media management
- Content marketing and copywriting
- Email marketing automation
- Lead generation strategy
- Marketing analytics and reporting
Specific deliverables, timelines, service levels, and fees will be set out in a proposal, quotation, statement of work, service order, or other written agreement accepted by the client (each a "Service Agreement"). In the event of any conflict between these Terms and a Service Agreement, the Service Agreement will prevail to the extent of the conflict.
The Company does not guarantee specific commercial outcomes, including sales, revenue, rankings, impressions, conversions, or return on investment, unless expressly stated in writing in a Service Agreement.
3. User Obligations and Responsibilities
The client agrees to:
- Provide accurate, current, and complete information necessary for the Company to perform the services;
- Review and approve deliverables, content, campaigns, and materials in a timely manner;
- Ensure all instructions, approvals, and supplied materials do not infringe any third-party rights or applicable law;
- Obtain all necessary permissions, consents, and licenses for materials, logos, trademarks, images, data, and access credentials provided to the Company;
- Maintain backups of all data, accounts, and content used in connection with the services;
- Promptly inform the Company of any changes that may affect service delivery;
- Use any deliverables or campaigns in compliance with applicable laws and regulations.
The client is responsible for all decisions made based on marketing recommendations, analytics, or reports provided by the Company. The client remains solely responsible for its business operations, compliance obligations, product and service claims, pricing, customer communications, and legal disclosures.
The client must not request the Company to engage in deceptive, unlawful, discriminatory, defamatory, misleading, or unethical conduct.
4. Payment Terms and Conditions
Fees, billing arrangements, taxes, and payment due dates will be specified in the applicable Service Agreement or invoice. Unless otherwise agreed in writing, all amounts are payable in euros and exclusive of applicable taxes, levies, and charges.
- Invoices are payable within the period stated on the invoice or, if none is stated, within 14 calendar days of the invoice date.
- The Company may require an advance payment, deposit, or retainer before commencing work.
- Late payments may result in suspension or delay of services until outstanding amounts are paid in full.
- The client is responsible for all reasonable costs incurred by the Company in recovering overdue amounts, including legal or collection costs where permitted by law.
- The Company may adjust fees for renewal periods or additional work, provided it gives reasonable notice where practicable.
Unless expressly stated otherwise, fees do not include third-party costs such as advertising spend, media placements, software subscriptions, platform fees, stock assets, printing, or external contractor charges. These costs are the client's responsibility.
5. Cancellation and Refund Policy
Either party may terminate an ongoing service arrangement by providing written notice in accordance with the applicable Service Agreement or, if none is specified, on 30 days' written notice.
- Any fees already paid are non-refundable except where required by applicable law or expressly stated in a Service Agreement.
- Work completed up to the effective termination date remains payable in full.
- Retainers, deposits, and prepaid campaign budgets are non-refundable unless otherwise agreed in writing.
- If the client cancels after work has begun, the Company may invoice for work completed, time spent, committed third-party costs, and any non-cancellable commitments made on the client's behalf.
The Company may suspend or terminate services immediately if the client materially breaches these Terms, fails to pay amounts due, provides unlawful instructions, or acts in a manner that materially impairs the Company's ability to provide services.
6. Liability Limitations
To the fullest extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, goodwill, data, business opportunity, or anticipated savings, arising out of or in connection with the services or these Terms.
To the fullest extent permitted by law, the Company's total aggregate liability arising out of or in connection with the services, whether in contract, tort, negligence, breach of statutory duty, or otherwise, shall not exceed the total fees paid by the client to the Company for the specific service giving rise to the claim in the three months preceding the event giving rise to liability.
The Company is not responsible for:
- Failures, outages, restrictions, or changes imposed by third-party platforms, advertising networks, email service providers, social media platforms, or software vendors;
- Client decisions, approvals, or omissions;
- Pre-existing defects in client systems, accounts, data, or materials;
- Results affected by market conditions, competition, platform algorithms, or changes in law;
- Claims arising from materials supplied or approved by the client.
7. Intellectual Property Rights
Unless otherwise agreed in writing, all pre-existing intellectual property, methodologies, tools, templates, frameworks, know-how, processes, and materials owned or developed by the Company before or outside the scope of a Service Agreement remain the exclusive property of the Company.
Upon full payment of all fees due, the client receives a non-exclusive, non-transferable license to use the final deliverables created specifically for the client under the applicable Service Agreement for the client's internal business purposes, unless the Service Agreement provides for assignment or broader usage rights.
The client grants the Company a limited license to use client-provided materials solely for the purpose of performing the services. The client represents and warrants that it has all necessary rights to provide those materials.
The Company may, unless prohibited by a written confidentiality obligation, reference the client's name and high-level project description in its portfolio, case studies, or marketing materials, provided no confidential information is disclosed.
8. Data Protection and Privacy
The Company processes personal data in accordance with applicable data protection and privacy laws and its privacy practices. Where the Company processes personal data on behalf of the client, the parties will cooperate in good faith to put in place any required data processing terms or safeguards.
The client is responsible for ensuring that it has a lawful basis for sharing personal data with the Company and for any instructions it provides regarding the processing of such data.
- Each party shall implement appropriate technical and organisational measures to protect personal data.
- The Company may use trusted subcontractors and service providers to support delivery of services, subject to confidentiality and data protection obligations.
- Where applicable, data subject requests, breaches, or incidents shall be handled in accordance with applicable law and the parties' reasonable cooperation.
For privacy-related queries, contact the Company using the details in Section 12.
9. Force Majeure
The Company shall not be liable for any delay or failure in performing its obligations where such delay or failure is caused by events beyond its reasonable control, including but not limited to acts of God, fire, flood, storm, epidemic, pandemic, war, terrorism, civil unrest, labour disputes, power failures, telecommunications failures, internet outages, government action, or failures of third-party platforms or suppliers.
In such circumstances, the affected obligations will be suspended for the duration of the force majeure event. The Company will use reasonable efforts to resume performance as soon as practicable.
10. Changes to Terms
The Company may update or modify these Terms from time to time to reflect changes in law, business practices, or service offerings. The updated Terms will be effective upon posting or upon notice to the client, as applicable.
Continued use of the services after the effective date of any updated Terms constitutes acceptance of the revised Terms. If the client does not agree to the revised Terms, the client must discontinue use of the services and, where applicable, terminate the Service Agreement in accordance with its terms.
11. Applicable Law and Jurisdiction
These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of Ireland, unless mandatory applicable law requires otherwise.
Subject to any mandatory consumer or statutory protections that may apply, the courts of Ireland shall have exclusive jurisdiction to settle any dispute, claim, or controversy arising out of or in connection with these Terms or the services.
12. Contact Information
If you have any questions about these Terms or the services, please contact:
- Clarity Growth Marketing Limited
- Address: Clarity Growth Marketing, 2 Hanover Quay, Grand Canal Dock, Dublin 2, D02 A525, Ireland
- Email: [email protected]
- Phone: +353 1 669 4827
13. Severability Clause
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or competent authority, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if that is not possible, it shall be severed from these Terms.
The remaining provisions shall continue in full force and effect. Any failure or delay by the Company to enforce any provision shall not constitute a waiver of its rights.