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Ayup Flex Terms and Conditions

1. Introduction

1.1 These Ayup Flex Terms and Conditions (“Flex Terms“) supplement our General Website Terms and Conditions and govern our Ayup Flex flexible marketing support service provided by Ayup Creative Ltd (“we“, “us“, “our” or “the Company“) to business customers (“you” or “Client“).

1.2 These Flex Terms should be read alongside our General Website Terms and Conditions. In case of conflict, these Flex Terms shall prevail for Ayup Flex services.

1.3 Ayup Flex services are provided exclusively to businesses and not to consumers. By engaging our services, you confirm you are acting in the course of a business.

2. Service Overview

2.1 Ayup Flex is our flexible, on-demand marketing support service designed specifically for small businesses, startups, and trade services.

2.2 The service provides expert marketing assistance without traditional agency restrictions, allowing you to:

  • Purchase marketing support hours as needed
  • Scale services up or down based on business requirements
  • Access professional marketing expertise without long-term commitments
  • Receive support across various marketing disciplines

2.3 Ayup Flex is built to be budget-friendly and adaptable to your business growth and changing needs.

3. Definitions

In addition to definitions in our General Terms, the following apply:

  • “Flex Hours” means the purchased hours of marketing support time
  • “Hourly Block” means a pre-purchased package of Flex Hours
  • “Service Period” means the time period within which purchased Flex Hours may be used
  • “Rollover Hours” means unused Flex Hours that may be carried forward to subsequent periods
  • “Flex Account” means your account showing purchased hours, used hours, and remaining balance
  • “Marketing Support” means the various marketing services provided under the Flex programme
  • “Priority Response” means expedited response times for Flex clients

4. How Ayup Flex Works

4.1 Hour-Based System: You purchase blocks of hours in advance, which are credited to your Flex Account.

4.2 Flexible Usage: Flex Hours can be used for any marketing support needs including:

  • Strategy development and consultation
  • Content creation and marketing materials
  • Campaign planning and execution
  • Social media management and posting
  • Website updates and maintenance
  • SEO and online marketing tasks
  • Email marketing campaigns
  • Marketing analytics and reporting
  • General marketing advice and guidance

4.3 On-Demand Access: Submit requests through our designated channels and we’ll allocate time from your Flex Hours balance.

4.4 Expert Team: Work with our qualified marketing professionals who understand your business and industry.

5. Purchasing and Pricing

5.1 Hourly Blocks: Flex Hours are sold in predetermined blocks with volume discounts for larger purchases.

5.2 Pricing Structure:

  • Hourly rates are fixed for the duration of the purchased block
  • Bulk hour packages offer better value per hour
  • Pricing includes all marketing expertise and standard tools
  • Special project rates may apply for complex campaigns

5.3 Payment Terms:

  • Full payment due in advance when purchasing Flex Hours
  • All prices exclude VAT, which will be added at the prevailing rate
  • Payment by invoice within 14 days for established clients
  • Credit card or bank transfer payment accepted

5.4 Price Updates: We reserve the right to adjust pricing for future hour purchases with 30 days’ notice.

6. Hour Usage and Allocation

6.1 Time Tracking: All work is tracked in minimum 15-minute increments and recorded against your Flex Account.

6.2 Hour Deductions: Time is deducted for:

  • Active work on your projects and campaigns
  • Research and planning specifically for your business
  • Communication and consultation time (beyond brief check-ins)
  • Creation, review, and revision of marketing materials
  • Campaign setup and monitoring

6.3 Excluded from Hour Usage:

  • Brief status updates and quick questions (under 5 minutes)
  • Administrative tasks related to your Flex Account
  • Time spent on our internal processes
  • Initial onboarding and account setup

6.4 Time Reporting: Monthly statements show hour usage details and remaining balance.

7. Service Delivery

7.1 Response Times: We aim to acknowledge Flex requests within 4 hours during business hours (Monday-Friday, 9am-5:30pm).

7.2 Work Scheduling: Projects are scheduled based on:

  • Available Flex Hours in your account
  • Urgency and business priority
  • Resource availability
  • Complexity of the request

7.3 Communication: Regular updates provided on project progress and hour usage.

7.4 Quality Standards: All work delivered to our standard professional quality regardless of project size.

8. Hour Expiry and Rollover

8.1 Service Period: Purchased Flex Hours are valid for the billing period in which they were purchased to the date that the current billing period ends unless otherwise specified.

8.2 Rollover Policy:

  • A maximum total of 2 unused hours can be automatically rolled over between billing periods.
  • Hours otherwise expire only at the end of the full Service Period

8.3 Extensions: Hour validity may be extended in exceptional circumstances at our discretion.

9. Client Responsibilities

9.1 Clear Briefs: Provide clear, detailed briefs for all work requests to maximise hour efficiency.

9.2 Timely Feedback: Respond promptly to requests for input, approvals, or information.

9.3 Account Management: Monitor your Flex Hours balance and purchase additional hours as needed.

9.4 Asset Provision: Provide necessary brand assets, content, and access credentials promptly.

9.5 Strategic Input: Participate in strategy discussions and provide business context for effective marketing support.

10. Service Limitations

10.1 Hour Dependency: All work is subject to available Flex Hours in your account.

10.2 Capacity Limits: During peak periods, work may be scheduled based on availability and hour balance.

10.3 Scope Boundaries: Complex projects requiring significant hours may be recommended for separate project-based engagement.

10.4 Third-Party Costs: Additional costs for tools, advertising spend, or premium services are separate from Flex Hours.

10.5 Urgent Work: Same-day urgent requests subject to availability and may incur priority surcharges.

11. What’s Included and What’s Excluded

11.1 Included in Flex Hours:

  • Marketing strategy and planning
  • Content creation and copywriting
  • Design work (logos, graphics, layouts)
  • Social media management and content
  • Website updates and basic maintenance
  • Email marketing setup and management
  • SEO optimisation tasks
  • Campaign monitoring and reporting
  • Marketing consultation and advice

11.2 Excluded from Flex Hours:

  • Paid advertising spend (Facebook Ads, Google Ads budget)
  • Premium tool subscriptions and software licences
  • Photography and videography services
  • Printing and production costs
  • Website hosting and domain fees
  • Third-party integration setup fees
  • Legal and compliance advice

12. Performance and Results

12.1 Best Efforts: We commit to providing professional marketing support using industry best practices.

12.2 No Guarantees: Results depend on multiple factors including market conditions, budget allocation, and business factors beyond our control.

12.3 Realistic Expectations: Small hour allocations may limit the scope and impact of marketing activities.

12.4 Success Metrics: We’ll help establish appropriate KPIs based on your hour allocation and business goals.

13. Account Management

13.1 Dedicated Support: Regular Flex clients receive prioritised support and account management.

13.2 Account Reviews: Periodic reviews to assess hour usage patterns and recommend optimisations.

13.3 Strategic Guidance: Ongoing advice to maximise the value of your Flex Hours investment.

13.4 Usage Analytics: Detailed reporting on how hours are utilised and what results are achieved.

14. Refunds and Cancellation

14.1 No Refunds: Flex Hours are non-refundable once purchased, but remain valid for the full Service Period.

14.2 Service Cancellation: You may stop using the service at any time while retaining purchased hours until expiry.

14.3 Exceptional Circumstances: Refunds may be considered for unused hours in exceptional circumstances at our discretion.

14.4 Transfer Restrictions: Flex Hours are non-transferable between different businesses or accounts.

15. Scaling and Growth

15.1 Flexible Scaling: Increase or decrease hour purchases based on business needs and growth.

15.2 Upgrade Options: Transition to retainer or project-based services as your business grows.

15.3 Volume Discounts: Better rates available for larger hour purchases and long-term commitments.

15.4 Custom Packages: Bespoke arrangements available for businesses with consistent, substantial hour requirements.

16. Intellectual Property

16.1 Work Product: Upon payment, you receive rights to use materials created specifically for your business using Flex Hours.

16.2 Tools and Methods: We retain rights to our methodologies, tools, and general marketing knowledge.

16.3 Third-Party Assets: Stock images, templates, and licensed materials remain subject to original licence terms.

16.4 Portfolio Usage: We may showcase work completed under Flex arrangements in our portfolio with your consent.

17. Confidentiality

17.1 Business Information: All business information shared remains confidential and is not shared with other clients.

17.2 Strategy Protection: Marketing strategies and plans developed for your business remain confidential.

17.3 Data Security: Client data processed in accordance with UK data protection laws and our Privacy Policy.

18. Service Modifications

18.1 Service Evolution: Ayup Flex offerings may be updated to improve service delivery and value.

18.2 Policy Updates: Terms may be updated with 30 days’ notice to active Flex clients.

18.3 Grandfathering: Existing hour balances remain subject to terms in effect at time of purchase.

19. Dispute Resolution

19.1 Hour Disputes: Any disputes regarding hour usage or charges should be raised within 30 days.

19.2 Resolution Process: We’ll review time logs and work completed to resolve disagreements fairly.

19.3 Escalation: Unresolved disputes may be escalated through our standard complaints procedure.

20. Liability Limitations

20.1 Service Liability: Our liability is limited to the value of Flex Hours used for the specific work in question.

20.2 Business Results: We are not liable for business outcomes, revenue impacts, or market performance.

20.3 Third-Party Issues: No liability for problems arising from third-party platforms, tools, or services.

21. Governing Law

21.1 These Flex Terms are governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.

22. Contact Information

For Ayup Flex support and enquiries, please contact us using the information listed on our Contact page.