Terms of Service
Last updated: June 2026
1. Agreement to Terms
By engaging BODA Agency ("Agency", "we", "us", or "our") for any services, you ("Client") agree to be bound by these Terms of Service. These terms govern all service agreements between BODA Agency and its clients.
BODA Agency is a performance marketing agency offering services to e-commerce, wellness, and EdTech brands. Specific deliverables, timelines, and pricing are agreed upon individually for each project through a separate proposal or service agreement.
2. Services
BODA Agency provides the following categories of services:
- Marketing Strategy — market research, brand positioning, messaging frameworks, and growth strategy development.
- Creative Production — ad creatives, landing page design, website design, and conversion-focused visual assets.
- Paid Social Management — campaign setup, management, optimisation, and scaling across Meta, TikTok, and other paid social platforms.
The specific scope of services for each engagement is defined in a written proposal or statement of work agreed upon by both parties prior to commencement.
3. Payment Terms
Pricing for all services is determined individually on a per-project basis and communicated transparently in the project proposal. Payment terms, schedules, and amounts are agreed upon in writing before work begins.
Unless otherwise specified in the project agreement, invoices are due within the period stated on the invoice. Late payments may result in a pause of active services until outstanding balances are settled.
All fees are exclusive of applicable taxes unless stated otherwise. The Client is responsible for any applicable VAT or other taxes.
4. Client Responsibilities
To enable BODA Agency to deliver services effectively, the Client agrees to:
- Provide all necessary materials, brand assets, product information, and content required for the project in a timely manner.
- Grant access to advertising accounts, analytics platforms, and any other tools required to perform the agreed services.
- Provide timely approvals and feedback on deliverables within agreed review periods.
- Ensure that all materials provided to the Agency are owned by the Client or the Client has the legal right to use them.
- Nominate a primary point of contact for the duration of the engagement.
Delays caused by the Client's failure to provide materials, access, or approvals in a timely manner may affect project timelines. BODA Agency is not responsible for missed deadlines resulting from such delays.
5. Intellectual Property
Upon receipt of full payment, the Client owns all final deliverables produced specifically for them under the project agreement, including ad creatives, landing page designs, and strategy documents.
BODA Agency retains ownership of any pre-existing tools, methodologies, frameworks, templates, and processes used in the delivery of services. The Client is granted a licence to use the final deliverables but not the underlying Agency methodologies.
BODA Agency reserves the right to showcase completed work in its portfolio and case studies unless the Client explicitly requests confidentiality in writing.
6. Confidentiality
BODA Agency treats all Client information — including business data, campaign performance results, strategy documents, and commercial terms — as strictly confidential. We will not disclose any Client data or campaign results to third parties without the Client's prior written consent.
This obligation of confidentiality survives the termination of any service agreement and applies to all members of the BODA Agency team involved in the project.
In return, the Client agrees to keep the Agency's proprietary methodologies and pricing confidential.
7. Limitation of Liability
BODA Agency provides performance marketing services using reasonable professional skill and care. However, marketing outcomes — including revenue, conversion rates, and return on ad spend — depend on many factors outside the Agency's direct control, including market conditions, platform algorithm changes, and product quality.
To the maximum extent permitted by applicable law, BODA Agency's total liability to the Client for any claims arising from or related to the services shall not exceed the total fees paid by the Client in the three months preceding the claim.
BODA Agency shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits or revenue, even if advised of the possibility of such damages.
8. Termination
Either party may terminate a service agreement with written notice as specified in the project agreement. Upon termination, the Client is responsible for payment of all work completed up to the termination date.
BODA Agency reserves the right to terminate an engagement immediately if the Client engages in behaviour that is unlawful, harmful, or in breach of these Terms.
9. Governing Law
These Terms of Service shall be governed by and construed in accordance with applicable law. Any disputes arising from these terms shall be resolved through good-faith negotiation in the first instance.
10. Contact Us
If you have any questions about these Terms of Service, please contact us at: bodamarketingagency@gmail.com