Terms and Conditions

1. Introduction

1.1 These website terms and conditions ("Terms") govern your use of the website https://tnwmarketing.com (the "Site") and any services provided through the Site or by TNW Marketing.

1.2 By accessing or using the Site or engaging with TNW Marketing's services, you agree to be bound by these Terms. If you do not agree, you must not use the Site or enter into any contract with TNW Marketing.

1.3 TNW Marketing reserves the right to amend these Terms at any time and such changes will be notified by posting on the Site. The date at the top will be updated accordingly. Continued use of the Site or services after such amendment constitutes your acceptance of the revised Terms.

2. Services

2.1 TNW Marketing provides lead-generation services and marketing agency support to clients in the home-improvement space and other sectors (residential and commercial) (the "Services").

2.2 The precise scope of the Services for each client will be documented in a separate written contract between the client and TNW Marketing (or its affiliate). That contract will set out deliverables, fees, payment terms, timelines, responsibilities and other project-specific terms.

2.3 The contract governs the client's relationship with TNW Marketing; these Terms apply in addition (and to the extent of any conflict the contract will prevail).

3. Client obligations

3.1 The client agrees to provide TNW Marketing with all necessary information, co-operation, approvals, access and materials which TNW Marketing reasonably requires in order to deliver the Services.

3.2 The client warrants that the information provided is true, accurate and not misleading, and that the client has full authority to provide it and to engage TNW Marketing for the Services.

3.3 The client will ensure compliance with all applicable laws, regulations and codes of practice relevant to their business, including (where applicable) those relating to home-improvement, lead generation, data protection, consumer protection and marketing.

4. Fees & Payment

4.1 Fees for the Services will be set out in the contract. Unless otherwise stated, fees are exclusive of VAT, which will be charged at the applicable rate.

4.2 Payment terms (due dates, invoicing, method of payment, late payment interest) will be set out in the contract. If payment is overdue, TNW Marketing may suspend or terminate the Services and/or charge interest and compensation for debt recovery costs.

4.3 If the client uses a finance option to pay for TNW Marketing's services (the only approved finance provider being Iowaca Finance in the UK), then the contract will specify the finance arrangement separately. For the avoidance of doubt: the finance costs payable to Iowaca Finance are outside the scope of these Terms and the refund policy (see Section 7) and will not be included in any refund paid by TNW Marketing.

5. Data Handling & Privacy

5.1 TNW Marketing collects, uses and processes data on behalf of and/or with the client in the course of providing the Services. All data collected by TNW Marketing is opt-in data (i.e., individuals have given their consent to be contacted) and/or client-opt-in data.

5.2 TNW Marketing is registered with the Information Commissioner's Office (ICO) and will comply with applicable UK data protection legislation (including the UK GDPR and the Data Protection Act 2018) in handling personal data.

5.3 The client remains responsible for ensuring that any data shared with TNW Marketing for the Services was collected lawfully, the individuals have consented to the use specified, and the client's own handling of data (post-delivery) is compliant with law.

5.4 TNW Marketing will only use the data for the purposes specified in the contract and these Terms, unless additional consent is obtained. TNW Marketing will implement appropriate technical and organisational measures to protect the personal data from unauthorised access, alteration or deletion.

6. Intellectual Property

6.1 All intellectual property rights (including but not limited to copyright, database rights, designs, trade marks) in materials, templates, methodologies, videos, content, leads lists or other deliverables prepared by TNW Marketing remain the property of TNW Marketing unless otherwise agreed in the contract.

6.2 The client is granted a non-exclusive, non-transferable licence (for the term of the contract) to use deliverables for the purpose set out in the contract.

6.3 The client warrants that any materials or content they provide to TNW Marketing (copy, images, logos, business data) do not infringe third-party rights, and the client indemnifies TNW Marketing against any claim arising from such materials.

7. Refunds & Cancellation

7.1 Termination of Services: Either party may terminate the contract in accordance with the terms specified in the contract (e.g., for convenience or for cause). Termination does not necessarily trigger a refund unless the contract expressly provides for one.

7.2 Refunds: If the contract provides for a refund, pre-agreed or otherwise documented in the contract, then the refund will be calculated on the basis of the initial contract value (i.e., the value of the Services purchased) and shall not include any finance arrangement or finance costs arranged by the client (via Iowaca Finance).

For example: If the Services contract value is £10,000 and the client arranges finance through Iowaca Finance for a total of £12,000 (including £2,000 finance cost), then any refund due from TNW Marketing will be based only on the £10,000 contract value, and will exclude the £2,000 finance cost.

The client must submit any claim for refund in writing, in accordance with the contract's process and time-limits.

TNW Marketing may deduct reasonable costs (such as work already performed, materials purchased, advertising spend committed) from any refund, as set out in the contract.

7.3 No refund where excluded: Unless the contract explicitly states otherwise, no refund is payable for Services fully delivered, completed or where the client is in breach of contract (including failing to provide required cooperation, materials or approvals).

7.4 Set-off: Any amounts properly owing by the client to TNW Marketing may be set-off against any refund due.

7.5 Effect of termination: Upon any refund being paid, the client's licence to use deliverables ceases and the client must cease use of any materials as required under the contract and these Terms.

8. Limitation of Liability

8.1 To the maximum extent permitted by law, TNW Marketing's total liability to the client for any claim under or in connection with the contract (whether in contract, tort or otherwise) shall be limited to the greater of: (i) the amount of fees paid by the client to TNW Marketing under the relevant contract; or (ii) £1,000.

8.2 TNW Marketing shall not be liable for any indirect, special or consequential loss (including loss of profits, loss of business or reputation, loss of anticipated savings) even if advised of the possibility of such loss.

8.3 Nothing in these Terms excludes or limits liability for death or personal injury resulting from TNW Marketing's negligence, or for fraud or fraudulent misrepresentation.

9. Confidentiality

9.1 Each party (the "Receiving Party") undertakes to keep confidential all Confidential Information of the other party (the "Disclosing Party") which is marked as confidential or which by its nature would reasonably be understood to be confidential.

9.2 The Receiving Party will not use or disclose such Confidential Information other than for the performance of its obligations under the contract.

9.3 The obligations of confidentiality do not apply to information which: (a) is or becomes publicly known through no breach of these Terms; (b) is already known to the Receiving Party without an obligation of confidentiality; (c) is lawfully received from a third party; or (d) is independently developed without use of the Disclosing Party's Confidential Information.

9.4 The confidentiality obligations continue for 2 years following termination or expiry of the contract.

10. Termination

10.1 Either party may terminate the contract as set out in the contract. On termination:

• the client must pay for all Services delivered up to the termination date;
• services may be suspended;
• any outstanding fees become due immediately;
• the client must return or destroy any materials belonging to TNW Marketing.

10.2 Termination shall be without prejudice to any rights or liabilities accrued up to the date of termination.

11. Warranties & Disclaimers

11.1 TNW Marketing warrants that it will perform the Services with reasonable skill and care consistent with good industry practice.

11.2 Except as set out above, all other warranties, representations or conditions (whether implied by statute, common law or otherwise) are excluded to the maximum extent permitted by law.

11.3 The client accepts that no guarantee is given that the Services will deliver any particular result (for example a number of leads, conversions or ROI); the Services depend on numerous external factors outside TNW Marketing's control (e.g., market conditions, the client's own business operations, compliance, availability of data/consents, regulatory changes, etc.).

12. Complaints

12.1 If you have any complaint about the Services please contact TNW Marketing in writing at the registered office address. TNW Marketing will endeavour to acknowledge and respond to your complaint within a reasonable timeframe.

12.2 If the contract provides a formal dispute resolution procedure, that route must be followed.

13. Data Protection & Privacy

13.1 Use of your personal data via the Site is governed by our separate Privacy Policy, which is accessible from the Site.

13.2 You consent to the processing of your personal data in accordance with the Privacy Policy and these Terms.

14. Website Use

14.1 The Site is provided for your personal and business use. You must not misuse the Site (e.g., hacking, transmitting viruses, infringing rights of others, reverse engineering, circumventing security).

14.2 TNW Marketing may suspend or withdraw the Site at any time without notice. TNW Marketing will not be liable for any loss arising from interruption of the Site.

15. Third-Party Links & Services

15.1 The Site may contain links to third-party websites or services. TNW Marketing is not responsible for the content, availability or performance of those third-party sites or services.

15.2 Any dealings you have with third-parties via the Site (including finance providers such as Iowaca Finance) are strictly between you and that third party and not with TNW Marketing, unless otherwise stated.

16. Governing Law & Jurisdiction

16.1 These Terms and any contract with TNW Marketing are governed by and construed in accordance with the laws of England and Wales.

16.2 The parties submit to the exclusive jurisdiction of the English courts to resolve any dispute.

17. Entire Agreement

17.1 These Terms together with the contract and any documents referred to within them constitute the entire agreement between the client and TNW Marketing in relation to its subject matter and supersede all prior understandings.

17.2 If any part of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining parts shall remain in full force and effect.