Draft for review. This document was prepared as a starting point only. It is not legal advice and it has not been reviewed by an attorney. Before publishing, a qualified lawyer in your jurisdiction must review and adapt it, and every item marked in square brackets must be completed. Sections marked ATTORNEY REVIEW need particular attention.
Last updated: [insert date]
These terms govern your use of this website. Services we deliver to clients are governed by a separate written services agreement, which takes precedence over these terms in the event of any conflict.
1. Who we are
[Legal entity name], trading as Channelwright, [registered address], United States. Contact: [contact email].
2. Use of this website
You may use this site for lawful purposes only. You agree not to attempt to gain unauthorised access to any part of the site, interfere with its operation, scrape it by automated means without permission, or use it to transmit unlawful or harmful material.
3. Enquiries and forms
Submitting a form does not create a contract between us. It is a request for information. We will respond, and any engagement begins only when a written scope is agreed and signed by both parties.
4. Intellectual property
All content on this site, including text, graphics, layout and design, is owned by us or licensed to us and is protected by intellectual property law. You may not reproduce or republish it without written permission. Third-party trademarks referenced on this site belong to their respective owners.
5. Services
[ATTORNEY REVIEW] The following points summarise our intended commercial position and must be reflected properly in your client services agreement:
- Services, deliverables and service levels are defined in a written scope
- Engagements are monthly retainers with an initial minimum term, or fixed-scope projects
- Fees, payment terms, late payment consequences and expenses are set out in the scope
- Advertising spend and platform fees are paid by the client directly to the platform and are not included in our fees
- Clients retain ownership of their platform accounts and data
- Ownership of creative deliverables transfers on full payment
- Either party may terminate on written notice after the minimum term
- Confidentiality obligations are mutual
6. No guarantee of results
We do not guarantee any specific commercial outcome. Please read our disclaimer, which forms part of these terms.
7. Third-party platforms
Our services involve platforms operated by third parties. We are not responsible for their decisions, policy changes, outages, fee changes, account actions or algorithm changes, and we cannot guarantee any particular treatment of your account by them.
8. Limitation of liability
[ATTORNEY REVIEW] A limitation and exclusion of liability clause must be drafted by your attorney to be enforceable in your jurisdiction, including any cap on liability and carve-outs required by law.
9. Indemnity
[ATTORNEY REVIEW] Consider an indemnity covering client-supplied content, product claims and intellectual property warranties.
10. Privacy
Our handling of personal information is described in the privacy policy.
11. Changes to these terms
We may update these terms. Continued use of the site after changes means you accept the revised version.
12. Governing law
[ATTORNEY REVIEW] These terms are governed by the laws of [state], and disputes are subject to [courts or arbitration provision]. Your attorney should confirm the appropriate forum and whether an arbitration or class-action waiver clause is suitable.
13. Contact
[contact email], [registered address].