Terms & Conditions

1. Introduction

These Terms & Conditions ("Terms") govern your use of the website at kekkafirst.com (the "Website") and any digital marketing services provided by kekkaFirst ("we", "us", "our", "the Agency"), a UK-based digital marketing agency operating from Unit A1850, Siu Offices, 4-6 Greatorex Street, London, E1 5NF, UK. By accessing the Website, submitting an enquiry, or engaging our services, you ("you", "the Client") agree to be bound by these Terms.

If you do not agree with any part of these Terms, please do not use the Website or engage our services.

2. Definitions

• "Agreement" means a proposal, quote, statement of work, or signed contract between kekkaFirst and the Client that sets out the specific Services, fees, and timelines for an engagement.
• "Services" means the digital marketing services provided by kekkaFirst as described in Section 3 and any applicable Agreement.
• "Deliverables" means any output produced by kekkaFirst for the Client under an Agreement, such as campaigns, creative assets, reports, website builds, or written content.
• "Ad Spend" means any budget the Client authorises kekkaFirst to allocate to third-party advertising platforms (such as Google Ads, Meta Ads, TikTok Ads, or LinkedIn Ads) on the Client's behalf.

3. Our Services

kekkaFirst provides digital marketing services which may include, without limitation:

• Search engine optimisation (SEO)
• Pay-per-click (PPC) advertising
• Social media marketing and management
• Website design and development
• Content writing
• Email marketing
• Ecommerce marketing

The specific scope, Deliverables, timelines, and fees for any engagement will be set out separately in an Agreement. Where anything in a signed Agreement conflicts with these Terms, the Agreement takes precedence.

4. Use of This Website

You agree to use the Website only for lawful purposes. You must not:

• Use the Website in any way that breaches applicable local, national, or international law or regulation;
• Attempt to gain unauthorised access to the Website, servers, or any systems or networks connected to it;
• Introduce viruses, malware, or other harmful material to the Website;
• Use any automated system (including bots or scrapers) to access the Website in a manner that sends more requests than a human could reasonably produce, except for standard search engine indexing.

Content on the Website — including text, graphics, logos, and the "kekkaFirst" name and mark — is provided for general information about our agency and services and should not be relied upon as professional advice specific to your circumstances.

5. Client Obligations

Where you engage us for Services, you agree to:

• Provide accurate, complete, and timely information, access, and materials reasonably required for us to perform the Services (for example, website access, brand assets, advertising account access, or approvals);
• Respond to requests for feedback or approval within a reasonable time, as timelines for many Services depend on this;
• Ensure you have the necessary rights and permissions for any content, images, trademarks, or other materials you provide to us for use in your campaigns or website;
• Ensure your business complies with the advertising standards, platform policies, and industry-specific regulations (for example, the UK Advertising Codes administered by the ASA/CAP) that apply to your products or services — we can advise on marketing best practice, but compliance with regulations specific to your industry remains your responsibility.

Delays caused by late client feedback, access, or materials may affect agreed timelines, and we won't be responsible for delays caused this way.

6. Fees & Payment

Fees for Services will be set out in an Agreement before work begins. Unless otherwise agreed in writing:

• Invoices are payable within 14 days of the invoice date;
• Ongoing services (such as SEO or PPC management retainers) are typically billed monthly in advance;
• Late payments may result in a pause of ongoing Services, including the pausing of live advertising campaigns, until payment is received;
• Ad Spend and other third-party costs you authorise us to incur on your behalf — such as domain or hosting fees, stock imagery, or paid tools — are payable by you in addition to our fees, and are typically billed or passed through separately, or paid directly by the Client into the relevant advertising platform;
• Prices quoted do not include VAT unless stated otherwise.

7. Cancellation, Onboarding & Refunds

Unless a different notice period is set out in an Agreement, either party may cancel an ongoing retainer or subscription-style engagement by giving 30 days' written notice. One-off project work (such as a website build) is generally non-cancellable once work has commenced, save for any milestone-based cancellation terms set out in the relevant Agreement.

Where a Client cancels part-way through a billing period, fees already invoiced for work completed, and any Ad Spend or third-party costs already committed on the Client's behalf, remain payable and are non-refundable. Any deposit paid to commence a project is non-refundable once work has begun, except where required by law.

8. Service Performance & No Guaranteed Results

Digital marketing outcomes — including search rankings, traffic, advertising performance, conversion rates, and social media growth — are influenced by many factors outside our control, including search engine and advertising platform algorithm changes, market competition, seasonality, and your own website, product, or offer. We will use reasonable skill and care in delivering Services, but we do not guarantee specific rankings, traffic levels, sales, or other results, and no such guarantee should be inferred from any marketing material, case study, or conversation with us.

9. Intellectual Property

Unless otherwise agreed in writing, the Website's own design, code, and content remain the property of kekkaFirst. Deliverables created specifically for a Client as part of a paid engagement (such as website builds, ad creative, or written content) transfer to the Client upon full payment for the relevant work, except for any third-party licensed material, stock assets, tools, or kekkaFirst's own pre-existing methodologies, templates, and know-how, which remain our property or that of the relevant licensor.

We may reference completed client work (for example, as a case study, portfolio piece, or testimonial) in our own marketing materials, unless the Client has requested confidentiality in writing.

10. Confidentiality

Both parties agree to keep confidential any non-public business, financial, technical, or strategic information shared during the course of an engagement, and to use it only for the purposes of that engagement, except where disclosure is required by law.

11. Data Protection

Where we process personal data on your behalf as part of providing the Services (for example, managing an email marketing list or an advertising audience on your behalf), each party will comply with its obligations under the UK GDPR and the Data Protection Act 2018. Details of how we process personal data collected through this Website are set out in our Privacy Policy. Where a formal data processing agreement is required for a specific engagement, this will be set out separately in the Agreement.

12. Third-Party Platforms & Tools

Our Services often involve third-party platforms and tools (for example, Google, Meta, TikTok, LinkedIn, email marketing platforms, or analytics tools). Your use of those platforms is subject to their own terms and policies, which we do not control. We are not responsible for outages, policy changes, account suspensions, or other actions taken by third-party platforms.

13. Limitation of Liability

To the fullest extent permitted by law, kekkaFirst's total liability for any claim arising out of or in connection with the Services or the Website — whether in contract, tort, or otherwise — will not exceed the total fees paid by the Client for the specific Service giving rise to the claim in the three (3) months preceding the event. We will not be liable for any indirect, incidental, or consequential loss, including loss of profits, revenue, data, or business opportunity. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence, or for fraud.

14. Indemnity

You agree to indemnify and hold kekkaFirst harmless from any claims, losses, or damages arising from materials, content, or instructions you provide to us, including any claim that such materials infringe a third party's intellectual property or other rights, or breach applicable advertising regulations.

15. Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under these Terms where that failure or delay results from circumstances beyond its reasonable control, including but not limited to outages or policy changes on third-party platforms, internet or hosting failures, natural disasters, or changes in law.

16. Non-Solicitation

During the course of an engagement and for six (6) months afterwards, the Client agrees not to directly solicit, hire, or engage any kekkaFirst employee or subcontractor who has worked on the Client's account, without kekkaFirst's prior written consent.

17. Termination

Either party may terminate an ongoing engagement in accordance with the notice period set out in Section 7 or the applicable Agreement. We may also suspend or terminate Services immediately if the Client breaches these Terms (including non-payment) and fails to remedy that breach within a reasonable period after being notified. Upon termination, the Client remains responsible for payment of fees for work completed and any authorised third-party costs already incurred up to the termination date.

18. General

• Entire agreement: these Terms, together with any applicable Agreement, constitute the entire agreement between the parties and supersede any prior discussions or representations relating to the Services.
• Severability: if any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: failure by either party to enforce any right or provision of these Terms will not be treated as a waiver of that right or provision.
• Assignment: the Client may not assign or transfer its rights or obligations under an Agreement without kekkaFirst's prior written consent. kekkaFirst may use subcontractors to help deliver Services, but remains responsible for the work delivered.
• Notices: any formal notice under these Terms should be sent in writing to the contact details in Section 20.

19. Changes to These Terms

We may update these Terms from time to time to reflect changes in our Services or for legal or regulatory reasons. The updated Terms will be posted on this page with a revised "Last updated" date. Continued use of the Website or our Services after changes are posted constitutes acceptance of the updated Terms.

20. Governing Law & Jurisdiction

These Terms are governed by the laws of England and Wales. Any dispute arising out of or in connection with these Terms or our Services will be subject to the exclusive jurisdiction of the courts of England and Wales.

21. Contact Us

If you have any questions about these Terms, please contact us:

• Email: hello@kekkafirst.com
• Phone: +44 788 2759 738
• Post: Unit A1850, Siu Offices, 4-6 Greatorex Street, London, E1 5NF, UK.