Terms & Conditions

1.About us

Business name: Only The Kind Media Limited
Trading/service name: Marketing Director Club
Founder: Rachel Clark
Address: The Studio, Selby, YO8 3RR
Email: rachel@onlythekind.com
Website: www.onlythekind.com

In these Terms, "we", "us" and "our" refer to Only The Kind Media Limited.

"You", "your" and "the Client" refer to the business, company, founder or individual purchasing or using our services.

2.What Marketing Director Club provides

Marketing Director Club is a subscription-based senior marketing direction service.

The service may include:

• senior marketing recommendations
• marketing reviews
• campaign feedback
• messaging and positioning guidance
• CRM, retention and growth recommendations
• commercial marketing prioritisation
• reviews of reports, plans, campaigns, landing pages or marketing materials
• written direction, Loom feedback, Zoom calls or other practical guidance where appropriate
• briefs, copy direction or light practical outputs where useful

Marketing Director Club is designed for growing businesses that already have a team, freelancer, agency or internal resource to act on recommendations.

Unless separately agreed in writing, the service does not include full-service marketing execution, campaign management, social media management, media buying, website build, graphic design, legal compliance review, financial advice, tax advice, HR advice or day-to-day management of your marketing function.

3.Subscription model

Marketing Director Club is provided as a monthly subscription unless otherwise agreed.

Your subscription includes one active request at a time.

A request may include, for example:

• reviewing a campaign
• sharpening a message
• advising on a marketing priority
• reviewing a landing page
• advising on CRM, retention or growth
• helping decide whether to hire, outsource or use AI
• reviewing a report or marketing plan
• giving direction on a marketing decision

We reserve the right to determine what reasonably counts as one request. If a request is unusually large, complex or outside the normal scope of the subscription, we may ask you to break it into smaller requests, agree a separate scope, or pay an additional fee.

4.Intake and client information

When you join, you may be asked to complete a short intake and upload relevant materials, reports, plans, campaign results or other business information.

You are responsible for ensuring that all information you provide is accurate, complete and up to date.

Our recommendations are based on the information available to us at the time. We are not responsible for outcomes affected by incomplete, inaccurate, outdated or withheld information.

You agree not to upload sensitive personal data, confidential third-party data, regulated financial information, medical data, employee records or legally privileged material unless we have specifically agreed this in writing and it is necessary for the service.

5.Turnaround times and communication

We aim to respond to requests within a reasonable time.

Where a response time is mentioned on our website or in marketing materials, it is an estimate and not a guaranteed deadline unless expressly agreed in writing.

Some requests may take longer depending on complexity, the quality of information provided, availability, client delays, or the need for further clarification.

Communication may take place by email, request board, Loom, Zoom, Stripe, scheduling tools, or other agreed platforms.

We do not provide unlimited calls, instant access, emergency support or on-call marketing management unless expressly agreed in writing.

6.Fees and payment

The subscription fee is set out on our website, Stripe checkout page, invoice, proposal or other written agreement.

Unless otherwise stated:

• fees are payable monthly in advance
• payments are processed by Stripe or another agreed payment provider
• your subscription will renew automatically each month until cancelled
• fees are exclusive of VAT unless stated otherwise
• you are responsible for ensuring payment details are valid and up to date

If payment fails, we may pause or suspend access to the service until payment is received.

We may change pricing in future. Any price change affecting your active subscription will be notified to you in advance.

7.Cancellation, pausing and refunds

You may cancel or pause your subscription in accordance with the cancellation process provided at checkout, in your customer portal, or by contacting us.

Unless otherwise agreed in writing:

• cancellation will stop future billing
• you will retain access until the end of the billing period already paid for
• partial-month refunds are not provided
• unused request time does not roll over
• completed payments are non-refundable

We may cancel or refuse service if we believe the relationship is no longer a good fit, if requests fall outside the intended scope, if payment fails, or if you breach these Terms.

8.Client responsibility

You remain responsible for all business, marketing, legal, financial and operational decisions.

You are responsible for deciding whether to implement any recommendation, in whole or in part.

You are responsible for:

• assessing whether recommendations are suitable for your business
• checking legal, regulatory and industry compliance
• deciding budgets and commercial risk
• briefing and managing your team, freelancers or agencies
• implementation and execution
• monitoring performance
• making final business decisions

Our role is to provide senior marketing direction, judgement and recommendations. We do not take over responsibility for your business outcomes.

9.Marketing recommendations and no guaranteed results

Marketing Director Club provides business decision-making support only.

Any recommendations, reviews, feedback or guidance are based on the information supplied by you, our experience, professional judgement and the commercial context available at the time.

We do not guarantee any specific result, including but not limited to:

• revenue growth
• profit improvement
• increased leads
• increased sales
• higher conversion rates
• improved return on ad spend
• customer retention
• customer lifetime value
• reduced costs
• successful launches
• investor, board or stakeholder approval
• platform performance
• campaign performance

Marketing performance can be affected by many factors outside our control, including market conditions, pricing, product quality, brand awareness, customer demand, sales process, website performance, advertising platforms, data quality, internal execution, stock availability, budget, competitor activity, economic conditions and operational capacity.

You agree that any decision to act on our recommendations is your own commercial decision.

10.No legal, financial, tax or regulated advice

Our services are marketing advisory services.

We do not provide legal, financial, investment, tax, accounting, HR, medical, regulatory or compliance advice.

You should obtain appropriate professional advice before acting on any recommendation that may involve legal, financial, tax, employment, medical, regulatory or sector-specific compliance issues.

11.Limitation of liability

Nothing in these Terms limits or excludes liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

Subject to the above, Only The Kind Media Limited will not be liable for:

• indirect, consequential or special loss
• loss of profits
• loss of revenue
• loss of anticipated savings
• loss of business opportunity
• loss of goodwill
• loss of data
• loss caused by business interruption
• loss caused by third-party platforms, agencies, freelancers or suppliers
• losses arising from your decision to implement, adapt, ignore or delay any recommendation

To the fullest extent permitted by law, our total aggregate liability for claims arising from or connected with the services shall not exceed the fees paid by you to Only The Kind Media Limited in the three months preceding the claim.

Limitation clauses in business-to-business contracts are commonly used, but they are subject to legal controls such as reasonableness under the Unfair Contract Terms Act 1977.

12.Use of AI and third-party tools

We may use AI-assisted tools, research tools, productivity tools, analytics tools, scheduling tools, payment providers or other third-party platforms to help organise information, summarise inputs, draft materials, review marketing content or improve service efficiency.

AI tools are used to support the service. Final recommendations are provided using Rachel Clark's senior marketing judgement.

You must not upload sensitive personal data, confidential third-party information or regulated data unless we have expressly agreed this is necessary.

The ICO's guidance on AI and data protection explains that organisations using AI systems must consider UK GDPR principles including lawfulness, fairness, transparency and accountability.

13.Intellectual property

Unless otherwise agreed in writing, you retain ownership of materials, reports, data, documents, brand assets and information you provide to us.

We retain ownership of:

• our frameworks
• methods
• templates
• know-how
• diagnostic tools
• processes
• proprietary models
• Trust to Growth Framework
• Marketing Director Club materials
• any pre-existing intellectual property

Where we create bespoke written recommendations, briefs, messaging, copy or other materials specifically for you as part of the paid service, you may use them internally within your business for the purpose for which they were provided.

You may not resell, license, publish, distribute, copy or commercialise our frameworks, templates, methods, training materials or proprietary materials without written permission.

14.Confidentiality

Both parties agree to keep confidential information private and not disclose it to third parties, except where required by law or necessary to deliver the service.

Confidential information may include:

• business plans
• campaign results
• financial information
• customer insights
• strategy documents
• reports
• trade secrets
• pricing
• internal processes
• marketing plans
• commercial data

This obligation continues after the subscription ends.

We may disclose confidential information to trusted contractors, professional advisers or service providers where necessary to deliver the service, provided they are bound by appropriate confidentiality obligations.

15.Publicity, testimonials and case studies

We will not publish your confidential commercial information without your permission.

We may ask to use your name, logo, testimonial or case study. We will only do so where you have agreed.

Unless otherwise agreed, we may refer generally to the type of work we do, the sectors we support, and anonymised results or examples, provided this does not identify you or reveal confidential information.

16.Data protection

Each party agrees to comply with applicable data protection laws, including UK GDPR and the Data Protection Act 2018.

Our handling of personal data is explained in our Privacy Policy.

Where you provide personal data to us, you confirm that you have the right to share it and that doing so complies with applicable data protection laws.

Where we process personal data on your behalf as a processor, we will process it only for the purposes of providing the service and in accordance with your lawful instructions.

17.Subcontracting and suppliers

We may use trusted contractors, advisers, software providers or suppliers to support delivery of the service.

We remain responsible for the services we provide to you, but we are not responsible for failures, outages or issues caused by third-party platforms outside our reasonable control.

You may not transfer your subscription or rights under these Terms to another person or business without our written consent.

18.Fair usage

Marketing Director Club is designed to provide senior marketing direction within a fair and reasonable subscription model.

We may refuse, delay, split or separately quote for requests that are:

• unusually large or complex
• outside the intended scope
• full-service implementation rather than direction
• urgent crisis work
• legally, ethically or commercially inappropriate
• dependent on information you have not provided
• likely to require specialist legal, financial, technical or regulatory advice
• unreasonable or inconsistent with previous instructions
• abusive, excessive or outside fair usage

We have final discretion over what constitutes reasonable use of the subscription.

19.Suspension or termination

We may suspend or terminate services if:

• payment is not received
• you breach these Terms
• you provide inaccurate or misleading information
• requests are abusive, unlawful, unethical or outside scope
• the working relationship is no longer commercially or professionally appropriate
• we reasonably believe continuing would create legal, reputational or operational risk

Termination does not affect any rights or obligations that arose before termination.

Sections dealing with confidentiality, intellectual property, payment, liability, data protection and client responsibility will continue after termination.

20.Entire agreement

These Terms, together with any written proposal, checkout page, subscription confirmation, invoice or agreed scope, form the entire agreement between you and Only The Kind Media Limited.

They replace any previous discussions, proposals, emails or understandings relating to the same services, unless expressly agreed otherwise in writing.

Nothing in these Terms excludes liability for fraud or fraudulent misrepresentation.

21.Changes to these Terms

We may update these Terms from time to time.

The version published on our website or provided to you at the time of purchase will apply to your subscription unless we notify you of changes.

If a material change affects your active subscription, we will give reasonable notice.

22.Governing law and jurisdiction

These Terms are governed by the laws of England and Wales.

The courts of England and Wales will have exclusive jurisdiction over any dispute arising from or connected with these Terms or the services.