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Consultation Terms and Conditions
1. Introduction
1.1 These Consultation Terms and Conditions (“Consultation Terms“) supplement our General Website Terms and Conditions and govern consultation and advisory services provided by Ayup Creative Ltd (“we“, “us“, “our” or “the Company“) to business customers (“you” or “Client“).
1.2 These Consultation Terms should be read alongside our General Website Terms and Conditions. In case of conflict, these Consultation Terms shall prevail for consultation services.
1.3 Our consultation 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. Definitions
In addition to definitions in our General Terms, the following apply:
- “Consultation Session” means a scheduled meeting or discussion session for advisory purposes
- “Consultation Agreement” means our written agreement outlining the scope and objectives of consultation services
- “Deliverables” means any reports, strategies, recommendations, or materials produced during consultation
- “Retainer” means an ongoing consultation arrangement with regular meetings or availability
- “Advisory Services” means strategic guidance and professional advice provided to clients
- “Expertise Areas” means our core consultation specialisms including marketing, digital strategy, branding, and business growth
3. Scope of Consultation Services
3.1 We provide consultation and advisory services as specified in the Consultation Agreement, which may include:
3.2 Strategic Consultation:
- Marketing strategy development and review
- Digital transformation planning
- Brand strategy and positioning advice
- Business growth and scaling guidance
- Competitive analysis and market positioning
- Marketing budget allocation and planning
3.3 Operational Consultation:
- Marketing process optimisation
- Technology platform selection and implementation advice
- Team structure and capability development
- Campaign planning and execution guidance
- Performance measurement and KPI development
3.4 Specialist Advisory Services:
- Website and digital platform strategy
- SEO and content marketing guidance
- Social media strategy development
- Email marketing and automation planning
- Lead generation and conversion optimisation
- Crisis communication and reputation management
4. Consultation Formats
4.1 One-Time Sessions: Individual consultation meetings focused on specific challenges or opportunities.
4.2 Project-Based Consultation: Structured engagement over a defined period to address specific business objectives.
4.3 Ongoing Retainer: Regular consultation arrangement providing continuous access to our expertise.
4.4 Workshop Sessions: Group training or strategy development sessions for teams or multiple stakeholders.
4.5 Remote and In-Person: Services delivered via video conference, telephone, or at your premises as agreed.
5. Consultation Process
5.1 Initial Assessment: We will discuss your objectives, challenges, and requirements to understand your consultation needs.
5.2 Scope Definition: Clear definition of consultation objectives, deliverables, timeline, and success criteria.
5.3 Engagement Planning: Structured approach to achieving consultation objectives within agreed parameters.
5.4 Knowledge Transfer: Provision of expertise, guidance, and recommendations tailored to your business situation.
5.5 Documentation: Written summaries, recommendations, or reports as specified in the Consultation Agreement.
6. Client Responsibilities
6.1 You shall provide:
- Clear objectives and context for the consultation engagement
- Access to relevant business information and personnel
- Timely availability for scheduled consultation sessions
- Honest and complete information about business challenges and constraints
- Decision-making authority or access to decision-makers
6.2 You are responsible for:
- Implementing recommendations at your own discretion and risk
- Ensuring internal stakeholder alignment and buy-in
- Providing feedback on proposed strategies and approaches
- Maintaining confidentiality of our proprietary methodologies
- Making business decisions based on consultation advice
6.3 Information Accuracy: You warrant that all information provided is accurate, complete, and up-to-date.
7. Payment Terms
7.1 Consultation Fees:
- Hourly rates for ad-hoc consultation sessions
- Fixed fees for defined project-based engagements
- Monthly retainer fees for ongoing advisory services
- Day rates for workshop sessions or intensive consultations
7.2 Payment Schedule:
- One-time sessions: Payment due within 30 days of completion
- Project engagements: 50% deposit, remainder on completion
- Retainer agreements: Monthly payment in advance
- Workshops: Full payment due in advance of session
7.3 All prices exclude VAT, which will be added at the prevailing rate.
7.4 Travel expenses and accommodation costs (where applicable) are additional and charged at cost.
8. Deliverables and Recommendations
8.1 Consultation Deliverables may include:
- Strategic recommendations and action plans
- Analysis reports and market insights
- Implementation roadmaps and timelines
- Best practice guidance and frameworks
- Process improvements and optimisation suggestions
- Resource and technology recommendations
8.2 Quality Standards: All deliverables provided to professional standards based on our expertise and experience.
8.3 Customisation: Recommendations tailored to your specific business context, resources, and constraints.
8.4 Implementation Support: Where agreed, ongoing guidance during implementation phases.
9. Confidentiality and Non-Disclosure
9.1 Mutual Confidentiality: Both parties agree to maintain strict confidentiality regarding:
- Business strategies and sensitive information
- Financial data and performance metrics
- Competitive information and market insights
- Proprietary processes and methodologies
- Personnel and organisational information
9.2 Information Protection: All consultation discussions and materials are treated as confidential business information.
9.3 Third-Party Information: We will not share your information with other clients or external parties without explicit consent.
9.4 Survival: Confidentiality obligations survive termination of consultation services indefinitely.
10. Advance Implementation and Results
10.1 Advisory Nature: Our consultation provides professional advice and recommendations based on expertise and experience.
10.2 Implementation Discretion: You retain full discretion over whether and how to implement consultation recommendations.
10.3 Business Decisions: Final business decisions remain your responsibility, considering your unique circumstances.
10.4 Results Disclaimer: We cannot guarantee specific business outcomes from implementing consultation advice.
10.5 Market Variables: Business results depend on market conditions, execution quality, and factors beyond our control.
11. Ongoing Retainer Arrangements
11.1 Retainer Benefits:
- Priority access to consultation time
- Reduced hourly rates for additional services
- Regular strategic reviews and updates
- Proactive advice on market changes and opportunities
- Emergency consultation availability
11.2 Retainer Structure:
- Fixed monthly fee for agreed availability
- Specified number of consultation hours included
- Additional time charged at agreed rates
- Regular review meetings and strategic updates
11.3 Termination: Either party may terminate retainer arrangements with 30 days’ written notice.
12. Independence and Objectivity
12.1 Independent Advice: Our consultation provides objective, independent advice based on professional assessment.
12.2 No Conflicts: We will disclose any potential conflicts of interest that might affect our objectivity.
12.3 Vendor Neutrality: Technology and service provider recommendations based on merit, not commercial relationships.
12.4 Professional Standards: All consultation delivered according to professional consulting standards and ethics.
13. Intellectual Property
13.1 Consultation Output: Upon full payment, you receive rights to use recommendations and strategies developed specifically for your business.
13.2 Our Methodologies: We retain ownership of our consultation methodologies, frameworks, and general expertise.
13.3 Client Information: You retain ownership of all business information and data shared during consultation.
13.4 Joint Development: Strategies developed collaboratively become your property for business use.
14. Consultation Limitations
14.1 Scope Boundaries: Consultation focuses on marketing, digital strategy, and business growth areas within our expertise.
14.2 Not Covered: We do not provide:
- Legal or regulatory compliance advice
- Financial or investment guidance
- HR or employment law consultation
- Technical implementation services (unless specifically arranged)
- Accounting or tax advice
14.3 Referrals: We may recommend specialist advisors for areas outside our expertise.
15. Session Scheduling and Cancellation
15.1 Scheduling: Consultation sessions scheduled by mutual agreement during our business hours.
15.2 Cancellation Policy:
- 24-hour notice required for session cancellations
- Sessions cancelled with less than 24-hour notice may be charged at full rate
- Emergency cancellations considered on case-by-case basis
15.3 Rescheduling: Sessions may be rescheduled with reasonable notice.
15.4 No-Shows: Failure to attend scheduled sessions without notice will be charged at full rate.
16. Documentation and Records
16.1 Session Notes: We maintain records of consultation sessions for continuity and follow-up purposes.
16.2 Report Provision: Written summaries or reports provided as specified in the Consultation Agreement.
16.3 Document Retention: Consultation records retained for 7 years for professional and legal compliance.
16.4 Access Rights: You may request copies of consultation materials and notes upon request.
17. Quality Assurance
17.1 Professional Standards: All consultation delivered by qualified professionals with relevant expertise and experience.
17.2 Continuous Improvement: We regularly update our knowledge and methodologies to maintain service quality.
17.3 Feedback Process: Regular feedback collection to ensure consultation meets your expectations and objectives.
17.4 Service Recovery: Issues with consultation quality addressed promptly and professionally.
18. Liability and Disclaimers
18.1 Professional Liability: Our liability limited to the fees paid for the specific consultation in question.
18.2 Business Risk: You acknowledge that business decisions involve inherent risks that cannot be eliminated through consultation.
18.3 Implementation Risk: Responsibility for implementation and results rests with you as the business decision-maker.
18.4 External Factors: We are not liable for market changes, competitive actions, or other external factors affecting results.
19. Termination
19.1 Project Completion: Project-based consultations end upon delivery of agreed deliverables.
19.2 Early Termination: Either party may terminate consultation arrangements with reasonable notice.
19.3 Outstanding Obligations: All fees for work completed remain due upon termination.
19.4 Transition Support: Reasonable assistance provided to transition consultation relationships where appropriate.
20. Governing Law
20.1 These Consultation Terms are governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.
21. Contact Information
For consultation service enquiries, please contact us using the details listed on our Contact page.