Turn brand into pipeline. Turn relationships into revenue.
Terms & Conditions
Kyn Agency Ltd
Last updated: February 2026
1. ABOUT THESE TERMS
These Terms & Conditions (“Terms”) apply to all services provided by Kyn Agency Ltd (“Kyn”, “we”, “us”) to the client (“Client”, “you”).
By engaging Kyn, accepting a proposal or statement of work, instructing us to begin work, or continuing to receive services, you agree to be bound by these Terms.
These Terms apply to all proposals, statements of work, and engagements unless expressly agreed otherwise in writing. If there is any conflict between these Terms and a statement of work or proposal, the statement of work or proposal will take precedence.
2. SERVICES
2.1. Kyn provides marketing and related professional services as set out in an agreed proposal, statement of work, or brief (“Services”).
2.2. Any timelines provided are estimates only. Time is not of the essence unless expressly agreed in writing.
2.3. Kyn may use subcontractors or third-party specialists to deliver parts of the Services where appropriate.
3. FEES & PAYMENT
3.1. Fees are set out in the agreed proposal or statement of work (“Fees”) and are exclusive of VAT unless stated otherwise.
3.2. Unless otherwise agreed:
3.2.1 Invoices are payable within 30 days of issue
3.2.2. Retainers are payable in advance
3.3. Kyn may suspend Services if payment is overdue.
3.4. Where the Client delays approvals, decisions, or the supply of information, Kyn is not responsible for resulting delays and may invoice for work completed.
3.5. Any marketing funds or service credits held on the Client’s behalf are non-refundable and may only be used against Kyn services.
4. CLIENT RESPONSIBILITIES
The Client agrees to:
4.1. Provide accurate, complete, and timely information and materials.
4.2. Review and approve drafts, proofs, and deliverables promptly. Once approved, Kyn is not responsible for errors or omissions.
4.3. Ensure that all marketing activities, products, services, claims, and materials comply with all applicable laws and regulations, including advertising, consumer protection, data protection, and competition laws.
4.4. Obtain all necessary rights, licences, and permissions for any materials or data supplied to Kyn.
5. MARKETING & PERFORMANCE DISCLAIMER
5.1. Kyn does not guarantee results, including (without limitation) revenue, leads, conversions, rankings, reach, or return on investment.
5.2. Marketing outcomes depend on factors beyond Kyn’s control, including market conditions, Client decisions, budgets, competition, and third-party platforms.
5.3. Kyn is not responsible for decisions, policy changes, suspensions, or restrictions imposed by advertising platforms, email providers, or other third-party services.
6. THIRD-PARTY PLATFORMS
6.1. The Services may involve third-party platforms such as advertising networks, email tools, CRM systems, analytics software, or social media platforms.
6.2. These platforms operate under their own terms and policies, and Kyn has no control over their availability, functionality, or enforcement actions.
7. EMAIL MARKETING & DATA
7.1. Where Services include email or SMS marketing, the Client confirms that all data has been lawfully collected and may be lawfully used.
7.2. The Client is responsible for compliance with applicable data protection and marketing laws, including GDPR, PECR, and CAN-SPAM.
7.3 Kyn is not responsible for data quality, deliverability, spam filtering, or platform-level enforcement.
8. CHARGES AND PAYMENT
8.1. The Client retains ownership of all materials, data, and intellectual property supplied to Kyn.
8.2. Kyn retains ownership of its methodologies, templates, frameworks, tools, know-how, and any pre-existing materials.
8.3. Upon full payment of Fees, the Client is granted a non-exclusive, worldwide licence to use the final deliverables for its internal business purposes.
8.4. Unless otherwise agreed in writing, Kyn may display non-confidential work, results, and the Client’s name and logo in its portfolio, website, and marketing materials.
9. CONFIDENTIALITY
9.1. Each party shall keep confidential any non-public business or technical information received from the other.
9.2. Confidential information may be disclosed where required by law or to professional advisers subject to confidentiality obligations.
10. LIMITATION OF LIABILITY
10.1. Nothing in these Terms limits liability for:
10.1.1. Death or personal injury caused by negligence
10.1.2. Fraud or fraudulent misrepresentation
10.2. Subject to clause 10.1, Kyn shall not be liable for any loss of profits, revenue, business, goodwill, or any indirect or consequential loss.
10.3. Kyn’s total liability arising out of or in connection with the Services shall not exceed the Fees paid for the Services giving rise to the claim.
11. INDEMNITY
11.1. The Client shall indemnify and hold harmless Kyn against all claims, losses, damages, and expenses arising from:
11.1.1. Client-supplied materials or instructions
11.1.2. Breach of applicable laws or regulations
11.1.3. Infringement of third-party rights
11.1.1. Use of the Services beyond their intended scope
12. TERMINATION
12.1. Either party may terminate an engagement with written notice if the other party:
12.1.1. Fails to pay undisputed amounts after notice
12.1.2. Commits a material breach and fails to remedy it
12.1.3. Becomes insolvent
12.2. On termination:
12.2.1. All outstanding Fees become immediately payable
12.2.2. Clauses intended to survive termination shall continue in effect
13. FORCE MAJEURE
13.1. Kyn shall not be liable for delays or failure to perform caused by events beyond its reasonable control.
14. CHANGES TO THESE TERMS
14.1. Kyn may update these Terms from time to time. Updated Terms will apply to new engagements and, where permitted by law, to ongoing services.
15. GENERAL
15.1. These Terms constitute the entire agreement between the parties in relation to their subject matter.
15.2. No variation is valid unless agreed in writing.
15.3. The Client may not assign this agreement without Kyn’s consent. Kyn may subcontract or assign freely.
15.4. These Terms are governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.