Terms & Conditions

These terms and conditions govern the relationship between Phlebas House Ltd (trading as Windward, "we", "us") and our clients ("you"). By engaging our services, you agree to these terms.

Windward is a trading name of Phlebas House Ltd, registered in England and Wales. Contact: hello@looktowindward.uk.

Our services

Windward provides digital marketing strategy and execution services, including but not limited to paid search, paid social, programmatic advertising, affiliate marketing, and associated strategic consultancy.

The specific scope of services, deliverables, and fees for each engagement will be set out in a separate proposal or statement of work agreed between us in writing before work commences.

Retainer arrangement

We work on a monthly retainer basis. There are no minimum contract terms and no lock-in. Either party may terminate the engagement by giving 30 days' written notice.

Retainer fees are invoiced monthly in advance. Payment is due within 14 days of the invoice date unless otherwise agreed in writing.

Your responsibilities

To enable us to deliver our services effectively, you agree to:

• Provide timely access to relevant accounts, platforms, and data
• Designate a point of contact with authority to make decisions
• Respond to requests for approvals or information within a reasonable timeframe
• Ensure that all materials, content, and information you provide to us are accurate and do not infringe any third-party rights

Intellectual property

Any creative assets, copy, strategies, or other materials we produce specifically for you as part of the agreed scope of work will become your property upon receipt of full payment for the relevant period.

We retain ownership of our methodologies, frameworks, tools, and any pre-existing intellectual property used in delivering our services. We grant you a non-exclusive licence to use such materials as part of your marketing activities during the engagement.

Confidentiality

Both parties agree to keep confidential any non-public information shared in connection with the engagement and not to disclose it to third parties without prior written consent, except as required by law.

This obligation continues for two years after the termination of the engagement.

Media spend

Where we manage paid media campaigns on your behalf, advertising spend is paid directly by you to the relevant platforms. We do not hold client funds or act as a media principal. We are not liable for any charges incurred on your media accounts.

Limitation of liability

We will perform our services with reasonable skill and care. However, digital marketing involves inherent uncertainty, and we cannot guarantee specific results including but not limited to revenue, leads, rankings, or return on ad spend.

To the fullest extent permitted by law, our total liability to you in connection with any engagement shall not exceed the total fees paid by you in the three months immediately preceding the event giving rise to the claim.

We shall not be liable for any indirect, consequential, or special losses, including loss of profit, loss of data, or loss of opportunity, even if we have been advised of the possibility of such losses.

Termination

Either party may terminate the engagement by giving 30 days' written notice. We reserve the right to terminate immediately where:

• An invoice remains unpaid for more than 30 days after the due date
• You are in material breach of these terms and fail to remedy the breach within 14 days of written notice
• You become insolvent or enter into administration

Upon termination, all outstanding fees for work completed to the date of termination become immediately due and payable.

Governing law

These terms and any dispute arising from them shall be governed by and construed in accordance with the laws of England and Wales. Both parties submit to the exclusive jurisdiction of the courts of England and Wales.

Changes to these terms

We may update these terms from time to time. The date at the top of this page reflects the most recent version. Continued engagement with our services after any update constitutes acceptance of the revised terms.

Contact

For any questions about these terms, please contact us at hello@looktowindward.uk.