Legal
Termsofservice
Part one covers this website and applies to everyone who visits it. Part two covers our consultancy services and applies where we have agreed to work together.
- Applies to
- stakeconsultingltd.com
- Company no.
- 14224498
- Jurisdiction
- England & Wales
- Sections
- 30
01
About these terms of service
These terms of service govern two different things, so they are written in two parts. Part one covers your use of this website and applies to everybody who visits it, whether or not they ever contact us. Part two covers the consultancy services we provide and applies where we have agreed to work with your organisation.
Nothing on this page is legal advice, and it is not a substitute for the statement of work that governs a specific engagement. Where a signed statement of work conflicts with these terms, the statement of work takes precedence for that engagement.
Please read part one before using the site. If you are considering engaging us, part two tells you in advance how we work, what we charge for and where our responsibility ends.
02
Who we are
This website is operated by Stake Consulting Ltd, a company registered in England and Wales with company number 14224498 and registered office at 25 Lavender Court, Netherton, Huddersfield HD4 7LW, England, United Kingdom.
References to "we", "us" and "our" mean Stake Consulting Ltd. References to "you" mean the person using this website or, in part two, the organisation that has engaged us.
You can reach us at support@stakeconsultingltd.com. We do not publish a telephone number; email reaches the person who would handle the matter.
03
Accepting and changing these terms
By using this website you accept these terms of service. If you do not accept them, please stop using the site.
We may amend these terms from time to time, for example when the law changes or when we change how the site or the services work. The version published on this page is always the one that applies to your use of the site.
For services, the terms in force for an engagement are those referenced in your statement of work at the point it was agreed. We will not apply a later change to an engagement already underway without telling you.
04
Part one: using this website
We provide this site free of charge and make no promise that it will always be available, uninterrupted or free from error. We may suspend, withdraw or change any part of it without notice.
You are responsible for arranging your own access to the site and for making sure that anyone who accesses it through your connection is aware of these terms and complies with them.
The site is intended for people in the United Kingdom. We make no representation that the content is appropriate or available elsewhere.
05
Acceptable use
You agree not to use this site in any of the following ways.
- In any way that breaks any applicable law or regulation, or that is fraudulent or has any fraudulent purpose or effect.
- To transmit any material that is defamatory, obscene, offensive or designed to harass, upset or embarrass another person.
- To knowingly introduce a virus, trojan, worm, logic bomb or other malicious code, or to attempt to gain unauthorised access to the site, the server it is stored on or any connected system.
- To carry out automated scraping, harvesting or bulk extraction of content, including for the purpose of training a machine learning model, without our written permission.
- To attack the site by means of a denial-of-service attack or any similar method.
- To reproduce, copy, resell or exploit any part of the site in breach of the intellectual property terms below.
06
Intellectual property in this website
We own or are licensed to use all intellectual property rights in this website and in the material published on it, including the text, layout, design, graphics and code. Those rights are protected by law and all such rights are reserved.
You may print off one copy and download extracts of any page for your own reference, and you may share a link to any page. You must not modify the material, use any illustration or photograph separately from its accompanying text, or use anything for a commercial purpose without a licence from us.
Photography used on this site is licensed from third parties for our own use and is not sub-licensed to you. Third-party names, logos and trade marks appear on this site only to describe the platforms and tools we work in; they belong to their respective owners and their appearance does not imply any partnership, endorsement or accreditation.
07
Content on this site is not advice
The articles, guides and descriptions of our practices are published for general information. They are not advice tailored to your circumstances and must not be relied on as such.
Marketing outcomes depend on factors specific to each business and on platforms we do not control. Before acting on anything you read here, take advice appropriate to your own situation.
We make no representation or warranty that the content of this site is accurate, complete or current at the time you read it, and we exclude liability for any reliance placed on it by any visitor.
08
Links to and from this site
Where we link to other websites, we do so for information only. We have no control over their content and accept no responsibility for any loss arising from your use of them.
You may link to our home page provided you do so fairly and legally, in a way that does not damage our reputation or suggest an association, approval or endorsement that does not exist. We may withdraw permission to link at any time.
09
Enquiries you send us
When you send an enquiry through this site, you confirm that the information you provide is accurate and that you are entitled to provide it.
Sending an enquiry does not create a contract between us and does not oblige us to take on the work. A contract comes into existence only when we have both agreed a written statement of work.
We treat the content of enquiries as confidential and use it only to respond, as described in our privacy policy. Please do not send confidential documents, credentials or personal data belonging to third parties in a first enquiry.
10
Part two: how our services are agreed
Every engagement is documented in a statement of work setting out the scope, the deliverables, the fee, the term and anything specific to that piece of work. It is signed or confirmed in writing before work starts.
We are bought in one of three shapes: a fixed-fee review of what you already have, a fixed-scope build sprint on a single piece of work, or standing advisory on a rolling monthly basis. The statement of work says which one applies.
We provide marketing consultancy services. We do not provide legal, accounting, tax, financial or regulatory advice, and nothing we deliver should be treated as such.
11
What we need from you
Our work depends on timely input from you. You agree to provide the following, and you accept that delays in providing them may affect timescales and, where a delay is significant, the fee.
- Access to the website, content management system, analytics, email platform and advertising accounts required for the work, at the permission level we specify.
- Accurate information about your business, your offer and your customers, including any commercial context the engagement depends on.
- A named individual with authority to approve changes, and reasonable availability for scheduled reviews.
- Technical resource where the work requires changes to your website or systems, unless we have agreed in the scope to provide it.
- Prompt notice of anything that materially changes the brief, including a change of strategy, pricing, product range or supplier.
12
Your accounts, your data and your platforms
Everything created for an engagement is created in your name. That includes website accounts, analytics properties, tag manager containers, email platforms, advertising accounts and any cloud resources.
We access them through named user permissions or a manager account link, which you may revoke at any time without our involvement. We do not hold your assets inside our own accounts, and we will never require you to transfer ownership of anything to us as a condition of working together.
You are responsible for your own domain names, hosting and platform subscriptions, and for the licence terms of any third-party tool used in your stack.
On request at any time, and automatically at the end of an engagement, we will hand over the documentation, templates and written decisions produced for you.
13
Advertising, platform policies and lawful marketing
All work we deliver complies with the advertising policies of the platforms involved and with UK advertising law, including the CAP Code. We will not implement instructions that would breach them.
You are responsible for the accuracy and legality of the claims you ask us to publish or advertise, for holding any evidence required to substantiate them, and for the compliance of your own website, products and services.
If a platform suspends, restricts or disapproves an account, listing or advertisement for reasons within your control, we will help you respond, but we are not responsible for the suspension or for the loss it causes.
14
Fees, expenses and payment
Fees are stated in the statement of work and are set against the scope of the work. We do not charge a percentage of your media spend and we take no commission, rebate or referral fee from any platform or vendor.
Fixed-fee reviews and build sprints are invoiced against the milestones stated in the scope. Standing advisory is invoiced monthly in advance unless agreed otherwise.
Invoices are payable within 14 days of the invoice date unless a different period is agreed in writing. All fees are exclusive of VAT, which will be added where applicable.
Pre-agreed expenses, such as travel to an in-person session or a third-party tool bought specifically for your engagement, are invoiced at cost with receipts.
We may charge interest on overdue amounts under the Late Payment of Commercial Debts (Interest) Act 1998, and we may suspend work on written notice where an invoice is significantly overdue.
15
Advertising spend
Where an engagement includes advertising, the media is paid by you directly to the relevant platform using your own payment method. Your budget does not pass through our accounts at any point.
We manage spend against the budget you set. Platform delivery is not perfectly precise, and small variances above or below a daily or monthly target are a normal feature of every advertising system.
You remain responsible for the amounts charged by the platforms, including where a change you requested increases spend.
16
Changing the scope
Either of us may propose a change to the scope. A change takes effect once we have both agreed it in writing, including any effect on fees and timescales.
Small requests that fall outside the scope will usually be absorbed where they are quick. Where they are not, we will say so before doing the work rather than after it.
17
Term, notice and ending an engagement
Fixed-fee reviews and build sprints end when the deliverables in the scope have been provided. Standing advisory runs for any initial period stated in the statement of work and continues monthly afterwards.
Either party may end a rolling arrangement by giving 30 days' written notice, expiring at the end of a calendar month. Either party may end the agreement immediately on written notice if the other commits a material breach that is not remedied within 14 days of being asked to remedy it, or becomes insolvent.
On termination you will pay for all work performed up to the end of the notice period. We will provide a handover of documentation and account access, and we will not take retaliatory action inside your accounts under any circumstances.
18
Ownership of the work and handover
On payment in full of the fees due for the relevant work, we assign to you all intellectual property rights in the deliverables created specifically for you, including reports, page structures, written content, templates, email flows, campaign structures and documentation.
We retain ownership of our own pre-existing materials, methods, checklists, frameworks and know-how, and grant you a perpetual, non-exclusive, royalty-free licence to use them to the extent they are embedded in a deliverable.
We may describe the nature of the work in general terms for our own marketing. We will not identify you as a client, quote you, or disclose your results without your written permission.
19
Confidentiality
Each party will keep the other's confidential information confidential, use it only for the purposes of the engagement, and protect it with at least reasonable care.
This does not apply to information that is already public other than through a breach of this clause, that was already lawfully known, that is independently developed, or that must be disclosed by law or by a regulator.
These obligations continue for three years after the engagement ends, and indefinitely for anything that constitutes a trade secret.
20
Data protection
Each party will comply with applicable data protection law, including UK GDPR and the Data Protection Act 2018.
Where we process personal data on your behalf, you are the controller and we are the processor. We will act only on your documented instructions, keep the data confidential, apply appropriate security measures, assist you with data subject requests and with breach notification, and delete or return working copies at the end of the engagement.
We will not engage a sub-processor that has access to your personal data without telling you and giving you a fair opportunity to object. Our own processing as a controller is described in our privacy policy.
21
What we do not promise
We do not guarantee any particular commercial outcome, ranking, traffic level, conversion rate or return. Marketing performance depends on your pricing, product, market, competitors, sales process and on platform and search engine behaviour, none of which are wholly within our control.
Much of our work is deliberately long-horizon. Where a recommendation is expected to take months rather than weeks to show, we will say so in advance, but an estimated timescale is an estimate and not a commitment.
Forecasts, models and projections are prepared in good faith from the information available. They are not commitments and should not be presented internally as such.
We provide our services with the reasonable skill and care expected of a competent consultancy in our field. That is the standard we hold ourselves to and the standard against which our work should be judged.
22
Limits on liability
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded.
Subject to that, neither party is liable for loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of goodwill or any indirect or consequential loss, however arising.
Subject to the above, our total liability arising out of or in connection with an engagement, whether in contract, tort including negligence, breach of statutory duty or otherwise, is limited to the total fees paid by you to us in the 12 months immediately before the event giving rise to the claim.
We are not liable for loss arising from a platform's or search engine's own act or omission, including account suspension, algorithm or policy change, pricing change, delivery failure, reporting error or discontinuation of a product.
In relation to this website specifically, we exclude liability to the fullest extent permitted by law for any loss arising from use of, or inability to use, the site or any content on it.
23
Indemnity
You agree to indemnify us against claims, losses and reasonable costs arising from material you provide or ask us to publish, including claims that it infringes a third party's rights, is misleading, or breaches advertising law or platform policy.
This does not apply to the extent that the claim arises from our own breach of these terms or our own negligence.
24
Non-solicitation
Neither party will directly solicit for employment any individual materially involved in the engagement, during it and for six months afterwards, without the other's written consent.
This does not prevent either party from making a general public recruitment advertisement or from hiring someone who responds to one.
25
Events outside our control
Neither party is liable for failure or delay caused by an event beyond its reasonable control, including power or network failure, a platform outage, industrial action, epidemic, act of government or natural disaster.
The affected party will tell the other as soon as reasonably possible and will use reasonable endeavours to limit the effect. If the event continues for more than 30 days, either party may end the affected engagement on written notice.
26
Subcontracting and assignment
We may use subcontractors or specialist partners for parts of an engagement. We remain responsible for their work as if it were our own, and we will tell you where a subcontractor will have access to your accounts or data.
Neither party may assign or transfer its rights and obligations without the other's written consent, which will not be unreasonably withheld, except as part of a transfer of the whole business.
27
Notices
Formal notices under these terms must be in writing and sent by email to support@stakeconsultingltd.com, or by post to our registered office at 25 Lavender Court, Netherton, Huddersfield HD4 7LW, England, United Kingdom, and to your registered office or the address stated in the statement of work.
An email notice is treated as received at the time of sending, provided no delivery failure message is received, or at 9am on the next business day if sent outside working hours.
28
General
These terms of service, together with any statement of work and our privacy policy, form the entire agreement between us and replace any earlier discussion or representation.
If any provision is found to be unlawful or unenforceable, it will be severed and the rest will continue in force.
A delay in enforcing a right is not a waiver of it, and a waiver on one occasion is not a waiver on any other.
We act as independent contractors. Nothing in these terms creates a partnership, joint venture or employment relationship, and neither party may bind the other.
A person who is not a party to these terms has no right to enforce them under the Contracts (Rights of Third Parties) Act 1999.
29
Complaints and disputes
If something is wrong, tell us. Write to support@stakeconsultingltd.com setting out the issue and what you would like us to do. We will acknowledge within two working days and give a substantive response within ten.
If we cannot resolve it between us, both parties agree to consider mediation in good faith before starting court proceedings. Neither party is prevented from seeking urgent injunctive relief.
30
Governing law and jurisdiction
These terms of service, and any dispute arising out of them including non-contractual disputes, are governed by the law of England and Wales.
The courts of England and Wales have exclusive jurisdiction, save that if you are a consumer resident elsewhere in the United Kingdom you may also bring proceedings in the courts of your home nation.