Legal

Terms and Conditions.

The terms that govern our services and your engagement with Banana Milkshake.

1. Introduction

These terms and conditions govern the provision of services by Banana Milkshake ("we", "us", "our") to our clients ("you", "your"). By engaging our services, you agree to be bound by these terms. Please read them carefully before work begins.

2. Services

Banana Milkshake provides digital growth services including, but not limited to: web design, paid social advertising, Google Ads management, SEO and content marketing, email marketing, API and workflow automation, brand and graphic design, and analytics and business intelligence.

The specific scope of work for each engagement will be agreed in writing before work commences. Any work outside the agreed scope may be subject to additional fees.

3. Fees and payment

All fees are agreed in writing prior to the start of any project. We do not begin work until payment terms have been confirmed.

Unless otherwise agreed in writing, invoices are due within 14 days of the invoice date. Late payments may incur interest in line with the Late Payment of Commercial Debts (Interest) Act 1998.

Fees are non-refundable once work has commenced, except where expressly agreed otherwise in writing.

4. Contract terms and cancellation

Where a minimum contract term is agreed, you are committed to that term in full. Early termination does not reduce or waive the amounts owed for the agreed period.

To end a rolling engagement, written notice must be given in accordance with the notice period set out in your agreement (typically 30 days).

5. Scope of work

All work is delivered in accordance with the written agreement or proposal. Where requirements change or expand beyond the original scope, we will notify you and agree additional fees before proceeding.

We reserve the right to decline work that conflicts with our values or that we determine is not in our capacity to deliver to our standard.

6. Client responsibilities

To enable us to deliver work on time and to a high standard, you agree to:

  • Provide timely access to required accounts, assets, and information.
  • Provide feedback and approvals within agreed timeframes.
  • Ensure that any materials you supply to us do not infringe third-party rights.
  • Notify us promptly of any changes that may affect the project.

Delays caused by late provision of information or approvals may affect delivery timelines and are not our responsibility.

7. Results disclaimer

We work hard to deliver results and are transparent about performance throughout every engagement. However, we cannot guarantee specific outcomes such as particular search rankings, lead volumes, or revenue figures. Digital marketing results depend on many factors outside our control, including platform algorithm changes, market conditions, and competition.

8. Intellectual property

All creative work, designs, code, and materials produced by Banana Milkshake remain our intellectual property until full payment has been received. Upon receipt of all outstanding payments, ownership of the final deliverables transfers to you.

We retain the right to display completed work in our portfolio and marketing materials unless you request otherwise in writing.

9. Third-party platforms

Many of our services involve third-party platforms (such as Meta, Google, Shopify, or email service providers). We are not responsible for changes to platform features, pricing, policies, or outages that may affect the delivery or performance of your campaigns or projects.

10. Limitation of liability

Our total liability to you in connection with any engagement shall not exceed the total fees paid by you to us in the 3 months preceding the claim.

We are not liable for any indirect, consequential, or special losses, including but not limited to loss of profit, loss of business, or loss of data, even if we have been advised of the possibility of such losses.

11. Confidentiality

Both parties agree to keep confidential any information shared during the engagement that is not publicly available. We will not share your business information, data, or strategy with third parties without your consent, except where required by law.

12. Termination

Either party may terminate the agreement immediately in writing if the other party materially breaches these terms and fails to remedy the breach within 14 days of written notice. We also reserve the right to suspend or terminate services where invoices remain unpaid beyond 30 days of the due date.

13. Governing law

These terms are governed by the laws of England and Wales. Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14. Changes to these terms

We may update these terms from time to time. We will notify existing clients of any material changes. Continued engagement with our services after any update constitutes acceptance of the revised terms.

Last updated: 16 July 2026