Marketing Optimisation Growth. A modern agency for a different way of operating.

MOG Marketing Terms & Conditions

Introduction

These Terms & Conditions govern the provision of services by MOG Marketing to the client.

By purchasing any service, making payment, or continuing to use our services, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.

These Terms & Conditions apply to all services provided by MOG Marketing unless otherwise agreed in writing.

These Terms constitute a legally binding agreement between MOG Marketing and the client.

Services

MOG Marketing provides digital marketing, automation, website services, AI systems, and general business support solutions.

The specific services provided will be agreed with each client prior to the commencement of work.

We aim to deliver high-quality, professional services using reasonable care, skill, and attention consistent with industry standards.

However, the client acknowledges that outcomes may vary based on external factors outside our control.

Setup Fees

Setup fees are charged once and cover the initial configuration, design, implementation, onboarding, and system preparation required to deliver services.

Setup fees are strictly non-refundable once work has commenced.

This reflects time, labour, planning, system configuration, and resource allocation required to begin service delivery.

Monthly Services

Monthly fees are charged in advance and automatically renew each billing cycle.

Services remain active until cancelled by either party in accordance with these Terms & Conditions.

Monthly payments cover ongoing service delivery, maintenance, hosting, system usage, updates, and operational support where applicable.

Payments

All payments are processed securely through Stripe.

The client agrees to maintain valid payment details at all times.

Failure of payment may result in immediate suspension or interruption of services.

Repeated payment failures may result in termination of services.

MOG Marketing reserves the right to adjust pricing over time with reasonable notice to existing clients.

Client Responsibilities

The client agrees to:

• Provide accurate and complete information
• Supply all required content in a timely manner
• Ensure they have legal rights to any materials provided
• Cooperate reasonably with service delivery requirements

MOG Marketing is not responsible for delays or failures caused by missing, incorrect, or incomplete client information.

Service Performance Disclaimer

The client acknowledges and agrees that:

• Marketing performance is not guaranteed
• Website performance is dependent on third-party systems
• AI systems may vary in output
• Advertising performance depends on external platforms
• Business growth is not guaranteed

MOG Marketing provides services on a "best effort" professional basis and does not guarantee financial outcomes.

No Guaranteed Results

MOG Marketing makes no guarantees regarding:

• Revenue
• Profit
• Sales
• Leads
• Enquiries
• Website traffic
• Conversion rates
• Business growth
• Search rankings
• Advertising performance
• Customer acquisition

All business outcomes are influenced by external factors beyond our control.

Service Failure and Refund Policy

If MOG Marketing experiences a material failure that results in the complete inability to provide the agreed service for a continuous period of one (1) full month, the client may be eligible for a refund of the monthly fee paid for that billing period.

This refund is strictly limited to the monthly fee paid and represents the sole and exclusive remedy for service failure.

No refunds will be issued where services have been active, accessible, or used during any part of the billing period.

Setup fees are strictly non-refundable under all circumstances.

Under no circumstances shall MOG Marketing be liable for any additional compensation, including but not limited to loss of profits, loss of customers, loss of revenue, business interruption, or reputational damage.

Limitation of Liability

To the maximum extent permitted by law:

MOG Marketing shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from the use of its services.

This includes but is not limited to:

• Loss of profits
• Loss of revenue
• Loss of customers
• Loss of business opportunities
• Loss of data
• Advertising losses
• Website downtime
• AI system errors or miscommunication
• Third-party service failures

The client acknowledges that all business decisions remain their sole responsibility.

The total aggregate liability of MOG Marketing shall in all circumstances be strictly limited to the total amount paid by the client in the most recent billing month.

Disputes, Arbitration and Legal Resolution

Both parties agree to make reasonable efforts to resolve any disputes, disagreements, or claims informally and in good faith before taking further action.

If a dispute cannot be resolved informally, both parties agree that the matter shall be resolved through binding arbitration conducted by a neutral third-party arbitrator, to the fullest extent permitted by law.

The decision of the arbitrator shall be final and binding.

The client agrees that arbitration is the preferred method of dispute resolution and that court proceedings will only be pursued where arbitration is not legally enforceable.

This process is intended to reduce legal costs, delays, and formal litigation between both parties.

Suspension or Termination of Services

MOG Marketing reserves the right to suspend, terminate, or refuse services at any time for reasons including but not limited to:

• Non-payment
• Abuse of services
• Breach of terms
• Illegal activity
• Operational risk
• Business discretion

Services may also be suspended to protect system integrity, security, or operational performance.

Right to Refuse Service

MOG Marketing reserves the right to refuse service to any individual or business at its sole discretion without obligation to provide justification.

Right to Terminate Agreement

MOG Marketing may terminate any service or agreement at any time where it is deemed necessary.

Where possible, services already paid for will continue until the end of the billing cycle unless immediate termination is required.

Third-Party Services

MOG Marketing relies on third-party providers including but not limited to hosting providers, payment processors, domain services, and software platforms.

MOG Marketing is not responsible for outages, failures, pricing changes, or disruptions caused by third-party systems.

Intellectual Property

All systems, processes, workflows, and materials created by MOG Marketing remain the property of MOG Marketing until all payments have been made in full.

Clients retain ownership of their own content and materials supplied.

Confidentiality

All client information is treated confidentially and will not be shared with third parties except where required to deliver services.

Force Majeure

MOG Marketing shall not be liable for failure or delay caused by circumstances outside reasonable control, including:

• Internet failure
• Power outages
• Cyberattacks
• Natural disasters
• Government restrictions
• Third-party outages

Entire Agreement

These Terms & Conditions represent the entire agreement between MOG Marketing and the client and supersede all prior discussions or agreements.

Changes to Terms

MOG Marketing reserves the right to update these Terms & Conditions at any time.

Continued use of services constitutes acceptance of any updated terms.

MOG Marketing