In consideration of the mutual agreement made herein, both parties agree as follows:

Work

Toca Creative agrees to produce project materials at the request of the client for fees agreed upon in advance and delivery of the Work by an agreed-upon deadline. Toca Creative agrees that they will be the sole author of the Work, which will be original work and free of plagiarism. Toca Creative will cooperate with Client in editing and otherwise reviewing the Work prior to completion and launch.

Social Media Management

By engaging Toca Creative for Social Media Management services, the Client acknowledges and agrees to the following: Toca Creative will curate and create tailored social media content to enhance the Client’s online presence. Results may vary based on factors beyond the control of Toca Creative. The Client grants Toca Creative limited access to their social media accounts for management purposes, with strict confidentiality and security measures. The Client is responsible for reviewing all content, ensuring accuracy, legality and compliance. Toca Creative may engage with social media users on behalf of the Client, maintaining a positive environment whilst disclaiming liability for third-party actions. Toca Creative prioritises the protection of Client data, adhering to applicable privacy laws whilst acknowledging the data processing activities of social media platforms. Either party may terminate Social Media Management services by providing 30 days’ written notice. Upon termination, Toca Creative will assist the Client in transitioning their social media accounts back to their direct management. These terms govern the relationship, superseding any prior discussions or agreements. Any amendments require written mutual agreement.

SEO Services

By engaging Toca Creative for SEO services, the Client acknowledges and agrees to the following: SEO is a long-term marketing strategy and, whilst Toca Creative uses industry best practices to improve the visibility and performance of the Client’s website, no specific rankings, traffic levels or business results can be guaranteed. SEO activities may include keyword research, technical optimisation, local SEO, AI search optimisation, content recommendations, reporting, competitor analysis and authority building, with the exact work carried out determined by the agreed strategy and business priorities. The Client agrees to provide Toca Creative with access to any relevant website, hosting, domain and Google accounts required to carry out the agreed work. Toca Creative will provide regular updates and reporting throughout the campaign; however, search engine algorithms, competitor activity and other external factors are beyond the control of Toca Creative and may influence results. Toca Creative recommends a minimum commitment of 6 months for ongoing SEO services, with 12 months typically providing stronger long-term results. Either party may terminate ongoing SEO services by providing 30 days’ written notice. These terms govern the SEO services provided by Toca Creative and supersede any prior discussions. Any amendments require written mutual agreement.

Confidentiality

Toca Creative acknowledges that they may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Toca Creative agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Toca Creative before this Agreement is signed or afterwards. Unless strict confidentiality is requested by Client in advance of the establishment of this agreement, Toca Creative can display materials and final work created for Client on their website (tocacreative.com) and social media pages (@tocacreative).

Compensation

Client agrees to pay Toca Creative a non-refundable 50% of the total project cost before any services are provided. The remaining 50% is to be paid either in whole or split into phases agreed by Toca Creative and Client prior to the project starting. This will be cleared before any workable files are delivered. If the Client fails to pay the final amount by the agreed payment date, Toca Creative reserves the right to add a late payment fee on top of the original charge. This will be discussed and determined by how late the payment is made. If the parameters of the Work change, or if it involves more time than estimated, Toca Creative will inform Client and they can renegotiate the Work’s cost.

Ongoing subscription services, including but not limited to SEO, Social Media Management, Website Hosting, Website Maintenance and Business Email Hosting, are billed separately from project work via a secure recurring subscription through Stripe. By engaging these services, the Client authorises Toca Creative to collect the agreed monthly or annual subscription payment automatically using the payment method provided. It is the Client’s responsibility to ensure a valid payment method is maintained. Should a recurring payment fail, Toca Creative reserves the right to suspend the relevant service until payment has been successfully received. Recurring subscription services are separate from project work and will continue until cancelled in accordance with the agreed notice period.

As a Limited Company, Toca Creative is responsible for accounting for all applicable taxes, including VAT where applicable, in relation to the services provided under this Agreement.

Client Approval

Upon acceptance of the Work, Client accepts responsibility for any further processes in which this work is used (e.g. printing, etc.) Toca Creative is not responsible for errors occurring in this work or projects related to this work after acceptance of the Work by the Client.

Cancellation

Both parties understand that Client or Toca Creative may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Toca Creative. Should Client cancel the project following its completion, Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation prior to completion, Toca Creative retains ownership of all copyrights and original work created. If the project is completed, approved and fully paid for, all materials will belong solely to the Client.

Limitation of Liability

Toca Creative shall not be held liable for any direct, indirect, incidental, consequential, or special damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising from or in connection with the use of their services. While we strive to deliver exceptional creative solutions, the client acknowledges that the success and impact of creative endeavours can be subjective and influenced by various factors beyond our control. This includes market conditions, audience reception, and individual preferences. Any decisions or actions taken by the client based on the outcomes of our services are done so at their own risk. Our liability is limited to the extent permitted by law, and the client agrees to release and hold us harmless from any claims or damages arising from the use of our services.

Acceptance of Terms

Client promises to pay for the services rendered by Toca Creative for the Work as agreed upon. By signing our project agreement or confirming acceptance of these terms by email, Client agrees they have read, understood, and are considered legally bound by these terms.

Toca Creative Ltd is registered in England and Wales, company number 11234427. Registered office: The Coach House, Powell Road, Buckhurst Hill, Essex, IG9 5RD.