These terms apply to all work carried out by OopsOptimised for business clients. They form part of our agreement alongside your proposal or quote. Where the two differ, the proposal takes priority.

1. Who we are

OopsOptimised is a sole trader business run by Wika, based in Aberdeen, Scotland. ICO registration ZC222245.

2. Scope of Work

What is included is set out in your proposal or quote. Anything not listed there is not included.

Additional work can be added at any point. It will be quoted separately and confirmed in writing before it starts.

Work begins once you have accepted the proposal in writing and any deposit has cleared.

3. Fees and Payment

Fees are as stated in your proposal.

Monthly retainers are invoiced in advance and payable within 7 days.

Project work requires a 50% deposit before work begins, with the balance due on completion and before handover.

Invoices unpaid after 30 days may result in work being paused. I reserve the right to charge statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.

Advertising spend, subscriptions, stock imagery, fonts, plugins and platform fees are separate from my fees and paid by you directly. Ad budgets stay in your own account.

4. What I Need From You

Timely delivery depends on you providing:

• Content, copy, images and product information when requested
• Access to accounts, platforms and hosting
• Feedback and approvals within agreed timescales
• Evidence to support any claims about your products or services

If material is outstanding for more than 30 days, I may pause the project. Restarting may be subject to a new timeline and revised fees.

Delays caused by late materials are not my responsibility and do not entitle you to a refund or discount.

5. Approvals

Content is provided for your approval before publication unless we have agreed otherwise in writing.

Once you approve something, responsibility for it passes to you. This includes accuracy of any claims, prices, product details or contact information.

Where you have given me standing authority to publish without individual approval, that authority applies until you withdraw it in writing.

6. Regulated Products and Advertising Claims

If your products or services fall under advertising, product or sector regulation, and that includes cosmetics, supplements, food, skincare, health related products and medical devices, the following applies.

I will research applicable rules before writing and will flag risks I identify.

Where a claim requires supporting evidence, you must provide it. Evidence means certificates, test data, approved claim wording or equivalent documentation.

I will not publish a claim that is not supported by evidence you have provided.

Where compliance cannot be evidenced, I reserve the right to withhold the affected content, pause the project or end the engagement.

I am not a regulator, a regulatory consultant or a legal adviser. I do not certify, approve or sign off compliance. Responsibility for the accuracy and legality of claims about your products and services remains with you, because you hold the evidence.

7. Legal Documents

I do not draft, advise on or approve legal documents. This includes privacy policies, terms and conditions, cookie notices, disclaimers and contracts.

Where a website build requires these pages, I will create the page structure and placeholders so they exist in the correct place. Content must come from you or your legal adviser. I will install whatever you provide.

Trademark searches, name clearance and any other legal checks are your responsibility and must be completed before design or build work relies on them.

8. Third Party Platforms

Work is delivered using third party platforms including but not limited to Meta, TikTok, Google, Shopify, WordPress, Squarespace and booking systems.

I do not control those platforms. I am not responsible for account suspensions, algorithm changes, feature removals, outages, pricing changes or policy decisions made by them.

Where such an event affects the work, I will help you respond. It does not constitute a failure to deliver.

9. Results

Marketing outcomes depend on factors outside my control, including your market, pricing, product, competitors and platform behaviour.

I do not guarantee any specific results, including reach, engagement, followers, rankings, enquiries, sales or revenue.

Any figures discussed are illustrative and not a promise of performance.

10. Intellectual Property

Ownership of final deliverables transfers to you once all invoices are paid in full.

Until then, all work remains my property.

I retain ownership of my working files, templates, processes and methods.

Where third party assets are used, such as fonts, stock imagery, plugins or themes, licences are held in your name and are your ongoing responsibility. Licence costs are separate from my fees.

You confirm that any material you supply to me is yours to use, or properly licensed. You are responsible for any claim arising from material you provide.

11. Portfolio

Unless you tell me otherwise in writing, I may show work produced for you in my portfolio, on my website and on social media.

Confidential business information, figures and internal documents will never be shared.

12. Confidentiality

Both of us will keep the other’s confidential information private, and will not disclose it without permission, except where required by law.

13. Data Protection

Where I process personal data on your behalf, you are the controller and I am the processor. A separate data processing agreement applies.

You are responsible for having a lawful basis for any customer data you ask me to use, including email lists.

I will not send marketing to a list that has been bought, scraped or obtained without consent.

14. Subcontractors

I may use subcontractors or freelancers for parts of the work. I remain responsible to you for what they deliver.

15. Cancellation and Ending The Agreement

15.1. Retainers

Either of us may end the agreement with 30 days written notice. Fees for the notice period remain payable.

15.2. Projects

If you cancel after work has started, the deposit is non refundable and you will be invoiced for work completed to that point.

I may end the agreement immediately if invoices remain unpaid, if you ask me to do something unlawful or non compliant, or if the working relationship becomes untenable.

On ending, access to your accounts will be removed within 14 days and completed paid work handed over.

16. Liability

Nothing in these terms excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

Subject to that, my total liability arising from our agreement is limited to the total fees you have paid me in the 12 months before the claim arose.

I am not liable for loss of profit, loss of revenue, loss of business, loss of data or any indirect or consequential loss.

17. Force Majeure

Neither of us is responsible for delays or failures caused by events outside reasonable control, including illness, platform outages, supplier failure or acts of government.

18. Changes to these terms

These terms may be updated. Changes will not affect work already agreed. The current version will always be available on request.

19. Governing Law

These terms are governed by the law of Scotland. Any dispute falls to the courts of Scotland.