Terms and Conditions

Agreement to These Terms

These Terms and Conditions (‘Terms’) form a legally binding agreement between you (‘you’, ‘your’, or ‘Client’) and Clear Cut Consultants Ltd, governing your access to and use of our services, website, and all related materials (collectively, ‘Services’).

By accessing our website, requesting a proposal, or engaging us for any service, you confirm that you have read, understood, and agree to be bound by these Terms in full. Where a separate written consultancy agreement or statement of work has been signed between us, that agreement takes precedence over these Terms to the extent of any conflict. If you do not agree, you must not access or use the Services.

These Terms may be updated from time to time. We will indicate updates by changing the ‘Last updated’ date above. It is your responsibility to review these Terms periodically. Continued use of the Services after any update constitutes acceptance of the revised Terms.

1. Our Services

Clear Cut Consultants is a growth consultancy and marketing agency working with ambitious founders, leadership teams, and businesses. We provide business-to-business services including:

• Fractional growth partnerships for founders and leadership teams
• PR and communications strategy and delivery
• Brand strategy and positioning
• Marketing strategy and execution, including paid social and paid search advertising
• Revenue operations and sales enablement
• Web development and digital marketing
• Education sector marketing and communications
• Group programmes, workshops, and masterminds for business leaders
• Any other services described on our website or agreed in writing between us

Our Services are provided from the United Kingdom and governed by UK law. If you access our Services from outside the UK, you do so at your own initiative and are responsible for compliance with any applicable local laws. We are an independent consultancy. Nothing in these Terms creates a relationship of employment, partnership, agency, or joint venture between us.

2. Consultancy Disclaimer

Our Services constitute marketing, PR, and consultancy work only. They are not a substitute for professional financial advice, legal advice, medical advice, or any other regulated professional service.

We will use reasonable skill and care in providing the Services. We do not guarantee any specific commercial outcome, search ranking, lead volume, revenue result, or return on advertising spend. Performance depends on factors outside our control, including platform algorithm changes, market conditions, third-party decisions, and your own actions.

Any case studies, testimonials, or examples used on our website or in our marketing reflect individual client experiences and are not a promise of results. You are responsible for all decisions you make in connection with our Services and for the outcomes of those decisions.

3. Confidentiality

3.1 Our Obligations to You

We will treat all information you share with us in the course of receiving our Services as confidential. We will not disclose your information to any third party, except:

• Where you have given us your explicit consent;
• Where we are required to do so by law or court order;
• To our professional advisers who are bound by equivalent confidentiality obligations; or
• In anonymised form for case studies or marketing, where your identity cannot reasonably be identified.

3.2 Your Obligations to Us

In the course of an engagement, we may share confidential and proprietary information with you, including our methodologies, frameworks, systems, processes, and materials (‘Confidential Information’). You agree to keep all such Confidential Information strictly confidential, not disclose it to any third party without our prior written consent, use it solely for the purposes of the engagement, and return or permanently delete any Confidential Information upon request or termination. This obligation survives termination for three years, and indefinitely in respect of trade secrets.

3.3 Group Programmes and Workshops

Where you participate in a group programme, workshop, or mastermind alongside other clients, you agree to treat all information shared by other participants as strictly confidential, not share or disclose it outside the group, and not use it for any competitive or commercial purpose. This obligation continues indefinitely after your participation ends. Any breach may result in immediate removal without refund.

4. Intellectual Property

4.1 Client Deliverables

On payment in full of the fees due for it, any deliverable created specifically for you in its final form — such as campaign copy, ad creative, and strategy documents prepared for your business — belongs to you. We own or licence all rights in our own pre-existing and independently developed methodologies, frameworks, templates, and know-how (‘Background IP’). Nothing in these Terms transfers ownership of our Background IP to you. Where Background IP is embedded in a deliverable, we grant you a perpetual, non-exclusive, royalty-free licence to use it for your own business purposes.

4.2 Our Materials

All other materials we create and share, including frameworks, templates, website content, branding, logos, and trademarks, remain our property and are protected by copyright and other intellectual property laws. Unless we give you express prior written consent, you must not copy, reproduce, or distribute such materials to any third party; use them for any commercial purpose beyond your own business; or record any sessions or calls without prior written consent from all participants.

4.3 Portfolio and Marketing

We may refer to your name and the general nature of our engagement in our own marketing, case studies, and portfolio unless you notify us in writing that you do not consent. You may withdraw this consent at any time on written notice. We will seek your approval before publishing any testimonial.

5. Scope and Additional Work

The specific details of any engagement, including deliverables, time allocation, and fees, will be set out in a proposal, statement of work, or written agreement. These Terms apply in addition to those terms.

Work requested outside the agreed scope is not included in any quoted fee and will be scoped and quoted separately in writing before it is undertaken. Third-party costs — such as paid advertising spend, platform subscriptions, and stock assets — are not included in our fees and remain your responsibility, either payable directly or invoiced separately.

6. Client Obligations

To allow us to deliver the Services effectively, you agree to:

• Provide timely access to information, materials, approvals, and account access we reasonably require;
• Ensure all information provided to us is true, accurate, and complete, and that you hold all rights necessary for us to use any materials you supply;
• Review and approve any content, campaigns, or materials we prepare before they go live; and
• Take responsibility for all decisions made on the basis of our advice.

Where any content we prepare could constitute a financial promotion or other regulated communication, you are solely responsible for reviewing, approving, and ensuring compliance of that content with all applicable rules before publication.

7. Group Programmes and Workshops

7.1 Access and Participation

Access to any group programme, mastermind, or workshop is personal to you and may not be transferred, shared, or gifted to any other person without our prior written consent.

7.2 Conduct

If you participate in a group programme, you agree to participate respectfully and constructively; not solicit, promote, or sell any product or service to other participants without our prior written consent; not record any group sessions without the express consent of all participants; and not use the group environment to disparage, harass, or harm any other participant. We reserve the right to remove any participant at any time, without refund, if their conduct is in breach of these Terms or harmful to other participants.

7.3 Sessions

Sessions will be scheduled by mutual agreement. We will make reasonable efforts to accommodate your scheduling needs but are not obligated to provide sessions outside normal working hours or on public holidays. All sessions are conducted remotely via video call unless otherwise agreed in writing. We will use reasonable endeavours to respond to messages within 48 hours, excluding weekends and public holidays.

8. Cancellations and Notice

8.1 Individual Sessions

• Sessions cancelled or rescheduled with more than 48 hours’ notice: we will make reasonable efforts to rebook, subject to availability.
• Sessions cancelled with less than 48 hours’ notice: the session will be forfeit and will not be rescheduled, credited, or refunded.
• No-shows with no notice given: the session will be forfeit and will not be rescheduled, credited, or refunded.

8.2 Rolling Retainer Engagements

Rolling retainer engagements billed on a recurring monthly basis may be cancelled by giving at least 90 days’ written notice by email to [email protected]. Notice given verbally, via WhatsApp, or through any other means does not constitute valid notice. The 90-day period begins only when we have confirmed receipt of your notice in writing. Attempting to cancel by stopping payment or ceasing to participate does not constitute valid notice. You remain liable for all fees falling due during the notice period.

8.3 Fixed-Term Engagements

Fixed-term engagements may not be cancelled midway through the agreed term. All fees for the full term remain due regardless of participation or use. If you are paying by instalments, all remaining instalments remain due and payable in full.

8.4 Our Right to Terminate

Either party may terminate immediately by written notice if the other commits a material breach not remedied within 14 days of written notice, or becomes insolvent or unable to pay its debts. We may also terminate if you fail to make payment within 7 days of it falling due, or if continuing to provide the Services would in our reasonable opinion be inappropriate. In the event we terminate for reasons of conduct or breach, no refund will be issued.

8.5 Effect of Termination

On termination, you will pay for all Services properly performed up to the termination date, including any pro-rata fee for a final part-month and any approved expenses. We will return or securely delete any materials and account access held on your behalf, save for copies we are required to retain by law.

8.6 Engagement Pauses

Pausing or deferring an engagement is not a contractual right. Any pause must be agreed in writing at our sole discretion. Unless we have agreed a pause in writing, your payment obligations continue unaffected.

9. Payments

9.1 Fees and Payment

Fees are as stated in the relevant proposal, agreement, or invoice. All fees are in pounds sterling (GBP). Where we are VAT-registered, VAT will be charged at the prevailing rate. We accept payment by bank transfer, standing order, and major debit and credit cards. By engaging our Services, you authorise us to charge fees to your chosen payment method. For recurring retainer engagements, you authorise us to charge on a recurring basis.

9.2 Expenses

Reasonable pre-agreed expenses will be reimbursed at cost against receipts. Expenses over £150 require your prior written approval.

9.3 Overdue Payments

• Accounts overdue by more than 7 days: we may suspend the Services. Interest will accrue daily at 5% over the Bank of England base rate, plus a fixed administration fee of £50.
• Accounts overdue by more than 30 days: we reserve the right to cancel the engagement and instruct a debt collection agent or solicitor to pursue recovery of the outstanding fee and costs incurred.

9.4 Price Changes

We reserve the right to change our fees at any time. We will give reasonable notice of any changes affecting existing recurring engagements. Continued participation following notice of a price change constitutes acceptance.

9.5 Refund Policy

All fees are due in accordance with the agreed payment terms. Save as expressly stated in these Terms or as required by applicable law, no refunds will be issued. Please ensure you have reviewed the full scope and these Terms before engaging us. If you have any questions before committing, please contact us at [email protected].

10. Non-Solicitation

During any engagement and for six months after termination, neither party will directly solicit for employment any employee or contractor of the other who has been materially involved in the engagement, save through general advertising not targeted at that individual.

11. Substitution and Force Majeure

We will always endeavour to deliver the Services as agreed. In the event of illness, emergency, or circumstances outside our reasonable control, we may reschedule a session, deliver it in an alternative format, or provide support through another suitably experienced member of the Clear Cut team. Such changes do not entitle you to a refund or to terminate your engagement. Neither party will be liable for failure or delay caused by circumstances beyond its reasonable control. The affected party will notify the other as soon as practicable and obligations will resume once those circumstances cease.

12. User Conduct and Prohibited Activities

By accessing our Services, you agree not to use them for any unlawful purpose; harm, harass, or intimidate any person; post or transmit content that is defamatory, discriminatory, or hateful; impersonate any person or entity; use automated tools to extract data from our website; transmit viruses or harmful code; record any sessions or calls without the prior written consent of all participants; solicit business from other clients in any group setting; or take any action intended to harm our reputation, business, employees, or clients. Any breach may result in immediate termination without refund and may give rise to civil or criminal liability.

13. User Representations

By using our Services, you represent and warrant that you have the legal capacity to enter into these Terms; all information you provide to us is true, accurate, and complete; and your use of the Services complies with all applicable laws and regulations.

14. Website and Third-Party Content

Our website may contain links to third-party websites provided for convenience only. We do not endorse, control, or take responsibility for any third-party websites, products, or services. We make every reasonable effort to ensure our website content is accurate and up to date, but make no warranty as to its accuracy, completeness, or currency.

15. Privacy and Data Protection

We are committed to protecting your personal data. We process personal data in accordance with UK GDPR, the UK Data Protection Act 2018, and our Privacy Policy, available at clearcutconsultants.com/privacy-policy. Our Privacy Policy forms part of these Terms. Each party will process any personal data shared under an engagement in accordance with applicable data protection law.

16. Reviews and Testimonials

If you provide a review or testimonial, you must ensure it is truthful and based on your genuine first-hand experience and does not include offensive, discriminatory, or defamatory content. By providing a testimonial, you grant us a perpetual, royalty-free licence to publish and reproduce it for marketing purposes. We will seek your approval before publishing.

17. Social Media

If you grant us access to your social media accounts as part of an engagement, you confirm that you are entitled to do so and that this does not breach the terms of any third-party platform. Your relationship with any third-party platform remains solely between you and that platform. We are not responsible for the actions or policies of any social media platform.

18. Disclaimer of Warranties

The Services are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted or error-free.

19. Limitations of Liability

Nothing in these Terms limits or excludes either party’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be limited.

Subject to the above, our total aggregate liability under or in connection with any engagement will not exceed the total fees paid by you in the 12 months preceding the event giving rise to the claim. Neither party is liable to the other for indirect or consequential loss, or for loss of profit, revenue, data, or goodwill. We maintain professional indemnity and public liability insurance at commercially reasonable levels.

20. Indemnification

You agree to indemnify, defend, and hold harmless Clear Cut Consultants Ltd and its directors, employees, contractors, and agents from and against any losses, claims, damages, liabilities, and costs (including reasonable legal fees) arising from your use of the Services, your breach of these Terms, or any harmful or unlawful act by you in connection with the Services.

21. Services Management

We reserve the right to monitor the Services for violations of these Terms; take appropriate action against anyone who violates these Terms or applicable law; and modify, suspend, or discontinue any part of the Services at any time without notice. We shall not be liable for any modification, suspension, or discontinuation of the Services.

22. Term and Termination

These Terms remain in force for as long as you use our Services. Clauses which by their nature should survive termination, including those on confidentiality, intellectual property, payment obligations, and limitations of liability, shall survive. If we terminate your access for breach, you will not be entitled to a refund and any outstanding payment obligations remain due.

23. Electronic Communications

By using our Services, you consent to receive communications from us electronically. You agree that all agreements, notices, and communications provided electronically satisfy any legal requirement for such communications to be in writing.

24. Modifications to These Terms

We reserve the right to update these Terms at any time. We will indicate changes by updating the ‘Last updated’ date above. Your continued use of the Services after any update constitutes acceptance. If you do not agree with any changes, you must stop using the Services and give notice of termination in accordance with clause 8 if applicable.

25. Dispute Resolution

25.1 Informal Resolution

We aim to resolve any issues promptly and fairly. If you have a complaint, please contact us at [email protected]. We will acknowledge your complaint within 5 business days and aim to resolve it within 20 business days. Both parties agree to attempt to resolve disputes informally for at least 30 days before commencing any formal proceedings.

25.2 Mediation

If a dispute cannot be resolved informally, both parties agree to attempt mediation with an independent mediator before either party commences legal proceedings, save where urgent injunctive relief is required.

25.3 Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. Any dispute that cannot be resolved informally or through mediation shall be subject to the exclusive jurisdiction of the courts of England and Wales.

26. Corrections

Our website and materials may occasionally contain typographical errors or inaccuracies. We reserve the right to correct any such errors and to update content at any time without prior notice.

27. Miscellaneous

These Terms, together with our Privacy Policy and any signed engagement agreement, constitute the entire agreement between us and supersede all prior discussions and understandings. Any variation must be agreed in writing. If any provision is found to be unlawful or unenforceable, it will be severed and the remaining provisions will continue in full force. Our failure to enforce any provision will not be treated as a waiver. Neither party may assign an engagement without the other’s prior written consent. No partnership, joint venture, employment, or agency relationship is created between us by virtue of these Terms. Each party confirms it will comply with the Bribery Act 2010 and will not offer, give, request, or accept any bribe or improper payment in connection with our engagement.

We recommend that you retain a copy of these Terms for your records.