Perpetual Marketing Assets

Terms and Conditions

Terms and Conditions

Terms and Conditions

 

 

 

Updated: 08/05/26

Perpetual Marketing Assets Ltd – Terms and Conditions

1. Introduction

These Terms and Conditions govern your use of the Perpetual Marketing Assets Ltd website at https://perpetualmarketingassets.com and the purchase of our services. By accessing our site or engaging our services, you agree to these terms.

2. Our Services

We provide one-time marketing system installation services, including but not limited to:

  • SMS Recommend Systems
  • Missed-Call Text-Back Systems
  • Personalised Landing Pages
  • Informational Guides (“FB ads guide, Google PPC search ads guide, and Marketing operations and mindset guide.”)

(Collectively, the “Services”). Full details of each package are specified on our website.

3. Client Responsibilities

You agree to:

  • Provide accurate, complete information necessary for service delivery.
  • Secure any necessary permissions for materials (logos, text) you provide.
  • Maintain the security of any login credentials for systems we set up.
  • Ensure all marketing conducted through the installed systems complies with all applicable UK laws, including but not limited to the Privacy and Electronic Communications Regulations (PECR) and Data Protection Act 2018.

4. Pricing, Payment, and Refund Policy

Fees: Our standard package is priced at £250 per month (Zero rated for VAT currently) as a recurring fee monthly for system set up, landing pages, intellectual property, and support, as advertised.

Payment Terms: The monthly fee is due as specified in your service agreement. The monthly fee will be billed in advance.

Money-Back Guarantee: We offer a 31-Day Money-Back Guarantee for the first month only. The request must be made in writing via email to support@perpetualmarketingassets.com within 31 days of the service going live. Upon a valid refund request, we will refund the full £250 first month fee. Upon refund, you must cease using all provided systems, and we will revoke access. You may retain the informational guides to be used within your organisation only.

Cancel Anytime: You can cancel at any time. Upon cancellation we will cease all services and you must cease using all provided systems and landing pages that are part of our intellectual property. You may retain the informational guides to be used within your organisation only.

5. Intellectual Property & Licensing

5.1 Agency Ownership of IP

All intellectual property rights in materials, systems, and content created or provided by Perpetual Marketing Assets Ltd, including but not limited to:

  • Proprietary methods, processes, and frameworks
  • SMS templates, flows, and automation configurations
  • Copywriting, structure, and design of landing pages or funnels
  • Informational guides, playbooks, and training materials

(collectively, “Agency IP”) remain the sole property of Perpetual Marketing Assets Ltd.

5.2 License to Client

Subject to full payment of fees, Perpetual Marketing Assets Ltd grants the Client a limited, perpetual, non-exclusive, non-transferable, non-sublicensable license to use the Agency IP solely for the Client’s internal business operations.

The Client may not:

  • Share, resell, sublicense, or distribute Agency IP to any third party
  • Reproduce or adapt Agency IP for use outside their business without written consent

5.3 Client Materials

The Client retains all rights to materials they provide to Perpetual Marketing Assets Ltd, including but not limited to: logos, images, branding assets, and customer data (“Client Materials”). Perpetual Marketing Assets Ltd may use Client Materials solely for the purpose of providing the contracted services.

5.4 Termination / Cessation of Use

Upon termination of services or non-payment, the Client’s right to use Agency IP ceases immediately, except where explicitly agreed in writing. Client Materials remain the property of the Client at all times.

5.5 Limited Liability / No Transfer of IP

Nothing in these Terms grants the Client any ownership of Agency IP. Any modifications or misuse of Agency IP by the Client does not transfer rights to the Client.

5.6 Template-Based Design and Shared Frameworks

(a) The Client acknowledges that Perpetual Marketing Assets Ltd uses standardised templates, frameworks, layouts, design systems, copy structures, and automation configurations to deliver the Services efficiently. These templates form part of the Agency IP and are deployed across multiple clients of Perpetual Marketing Assets Ltd.

(b) As a result, the Client may notice structural, visual, functional, or stylistic similarities between deliverables provided to the Client and deliverables provided to other clients of Perpetual Marketing Assets Ltd, including but not limited to landing pages, SMS flows, automation logic, and informational guide formats.

(c) Each deliverable is customised to reflect the Client’s branding, copy, target audience, and specific business needs. However, the underlying template architecture remains shared across the Agency’s client base.

(d) The Client agrees that this shared use of templates does not constitute a breach of confidentiality, exclusivity, originality, or any other obligation under these Terms. The licence granted under clause 5.2 is expressly non-exclusive and the Client is not entitled to any guarantee of uniqueness in respect of the underlying template.

(e) Where the Client requires a fully bespoke, exclusive, or non-templated deliverable, this must be expressly agreed in writing in advance and may be subject to additional fees.

6. Limitation of Liability

Perpetual Marketing Assets Ltd’s total liability to you for any claim shall be limited to the total fees you have paid to us in the 12 months preceding the claim.

We shall not be liable for any indirect, consequential, or special damages (including lost profits or data) arising from your use of our services or systems.

We do not guarantee specific business results, lead volumes, or revenue increases. The systems are tools whose effectiveness depends on your market, offer, and implementation.

7. Data Protection (GDPR/UK GDPR)

In providing the Services, we will act as a “data processor” for any personal data you control and instruct us to process via the installed systems (e.g., customer phone numbers). You remain the “data controller” and are solely responsible for establishing a lawful basis for processing and complying with all data protection laws. Our data handling is further governed by our Privacy Policy and any Data Processing Addendum.

8. Automated Communication Systems (AI)

Where the Services include an automated SMS response system incorporating artificial intelligence (“AI System”), the Client acknowledges and agrees that:

(a) the AI System is provided as an automated first-response tool only and does not constitute professional advice of any kind, including medical, care, financial, or regulatory advice;

(b) all substantive communications with prospective residents, their families, or representatives remain the sole responsibility of the Client as the regulated care provider;

(c) the Client is responsible for reviewing, monitoring, and where necessary overriding or supplementing automated responses generated by the AI System to ensure they are accurate, appropriate, and compliant with all applicable laws and regulations including those governing the care sector;

(d) Perpetual Marketing Assets Ltd accepts no liability for any loss, damage, complaint, or regulatory action arising from reliance on automated AI responses by any third party, including prospective residents or their representatives; and

(e) the Client indemnifies Perpetual Marketing Assets Ltd against any claims, costs, or losses arising from the content of automated AI responses where such content was generated in accordance with the instructions, data, or parameters provided by the Client.

(f) We use vetted third-party sub-processors to deliver the “services”. Details are provided in our Data Processing Agreement.

9. Client Responsibility for Content Accuracy

(a) The Client warrants that all factual information, claims, statements, and representations provided to Perpetual Marketing Assets Ltd for inclusion in any marketing materials, landing pages, SMS communications, or other content produced under these Terms (including but not limited to claims relating to CQC ratings, inspection outcomes, care standards, staffing, facilities, and fees) are accurate, complete, and not misleading at the time of instruction.

(b) The Client is solely responsible for ensuring that all marketing content produced by Perpetual Marketing Assets Ltd on its instructions complies with applicable advertising standards (including the CAP Code), CQC requirements, and any other regulatory obligations applicable to the Client as a care provider.

(c) Perpetual Marketing Assets Ltd will produce content in good faith based on the information and instructions provided by the Client and accepts no liability for inaccuracies arising from information supplied by the Client.

(d) The Client indemnifies and holds harmless Perpetual Marketing Assets Ltd from and against any and all claims, losses, costs (including reasonable legal costs), damages, fines, or regulatory action brought by or arising from the Advertising Standards Authority, the Care Quality Commission, or any other regulatory body or third party, to the extent that such claims arise from content produced in accordance with the Client’s instructions.

(e) Where the Client becomes aware that any content produced under these Terms contains an inaccuracy, the Client shall notify Perpetual Marketing Assets Ltd immediately in writing, and Perpetual Marketing Assets Ltd will use reasonable endeavours to update or remove the relevant content promptly.

10. Educational Products and Informational Guides

(a) The informational guides supplied as part of the Services (including but not limited to the Facebook ads guide, the Google PPC search ads guide, the Marketing operations and mindset guide, and any future educational materials issued by Perpetual Marketing Assets Ltd) are provided for educational and informational purposes only. They do not constitute professional, legal, regulatory, financial, marketing-compliance, tax, or any other form of advice.

(b) Each informational guide includes a disclaimer at the front of the document setting out the limitations of its use. The Client agrees to read such disclaimers and to abide by them when applying any of the content within their business or on behalf of any third party.

(c) The strategies, frameworks, examples, and recommendations contained in the informational guides are general in nature and are not tailored to the Client’s specific jurisdiction, sector, regulatory environment, audience, or risk profile.

(d) The Client is solely responsible for ensuring that any marketing activity, advertising campaign, communication, or commercial action undertaken on the basis of, inspired by, or adapted from the educational content complies with all applicable laws, regulations, and industry codes, including but not limited to:

(i) the UK GDPR, the Privacy and Electronic Communications Regulations (PECR), and the Data Protection Act 2018;

(ii) the CAP Code, the BCAP Code, and Advertising Standards Authority guidance;

(iii) the Consumer Protection from Unfair Trading Regulations 2008;

(iv) the terms of service, advertising policies, and community standards of any advertising or distribution platform used (including but not limited to Meta, Google, TikTok, YouTube, X, LinkedIn, and any email or SMS service provider); and

(v) any sector-specific regulations applicable to the Client (including but not limited to Care Quality Commission requirements where the Client is a regulated care provider).

(e) Perpetual Marketing Assets Ltd accepts no liability for any losses, fines, account suspensions, advertising-platform bans, regulatory action, complaints, or third-party claims arising from the Client’s application of the educational content, whether the Client applies the content in the form provided or in any adapted form.

(f) The Client indemnifies and holds harmless Perpetual Marketing Assets Ltd, its officers, employees, and contractors against any and all claims, costs (including reasonable legal costs), losses, fines, damages, or regulatory action arising from any marketing activity carried out by the Client following or based upon the content of the informational guides.

(g) Where the Client is in any doubt as to whether a particular marketing activity is lawful, compliant, or appropriate for their business, the Client shall seek independent professional advice before proceeding.

11. Service Availability, Sub-Processor Dependencies, and Force Majeure

(a) The Services rely on third-party sub-processors, platforms, networks, and infrastructure providers, including but not limited to OpenAI, telecommunications carriers, SMS gateway providers, hosting providers, automation platforms, payment processors, email service providers, and domain registrars (each a “Third-Party Provider”). The continuous availability and performance of the Services is therefore dependent on the continuous availability and performance of these Third-Party Providers.

(b) The Client acknowledges and agrees that Perpetual Marketing Assets Ltd cannot and does not guarantee uninterrupted, error-free, real-time, or continuous operation of the Services. The Services may be temporarily unavailable, degraded, delayed, or partially functional during, including but not limited to:

(i) scheduled or unscheduled maintenance carried out by Perpetual Marketing Assets Ltd or by any Third-Party Provider;

(ii) outages, service disruptions, rate limiting, capacity limits, or policy changes imposed by any Third-Party Provider, including (by way of example only) the temporary unavailability of OpenAI or any equivalent AI service provider;

(iii) updates, deprecations, suspensions, or terminations of any Third-Party Provider’s API, model, feature, or service;

(iv) cyber incidents, denial-of-service attacks, malware events, or security breaches affecting Perpetual Marketing Assets Ltd or any Third-Party Provider;

(v) regulatory action, court orders, sanctions, or government-mandated suspensions affecting any Third-Party Provider; and

(vi) any event of force majeure, including but not limited to acts of God, natural disasters, fire, flood, severe weather, pandemics, epidemics, public-health emergencies, war, armed conflict, invasion, terrorism, civil unrest, riot, government action, sanctions, embargoes, strikes, labour disputes, or failures of utilities, internet infrastructure, undersea cables, or telecommunications networks.

(c) During any period of disruption described in clause 11(b), the automated services (including the AI System, SMS automation, and any dependent functionality) may not operate, may operate with reduced functionality, or may operate with delay, and Perpetual Marketing Assets Ltd shall not be in breach of these Terms by reason of such disruption.

(d) Perpetual Marketing Assets Ltd will use reasonable endeavours to:

(i) restore the Services as soon as reasonably practicable;

(ii) notify the Client of any prolonged or material disruption that affects the Client’s installed systems; and

(iii) where commercially reasonable and technically feasible, identify and migrate to alternative Third-Party Providers if a primary Third-Party Provider becomes unavailable on a long-term basis.

(e) Perpetual Marketing Assets Ltd shall not be liable for any loss, damage, missed lead, missed message, undelivered SMS, lost business opportunity, lost revenue, reputational harm, or other consequence of any kind arising from any disruption, outage, latency, or unavailability described in this clause.

(f) No refund, fee adjustment, service credit, or compensation shall be due to the Client in respect of disruptions caused by Third-Party Providers, scheduled maintenance, or events of force majeure, except where expressly agreed in writing by Perpetual Marketing Assets Ltd.

(g) If a force majeure event continues for more than sixty (60) consecutive days and materially prevents Perpetual Marketing Assets Ltd from delivering the Services, either party may terminate the affected Services on written notice without liability, save for fees accrued prior to termination.

12. Referral Programme

We will offer a referral bonus (e.g., £250) for successful client referrals. Payment is made only after the referred client has paid in full and remained a client for a minimum period (e.g., 30 days). We reserve the right to modify or terminate the referral programme at any time.

13. Governing Law

These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Continued use of our site or services after changes constitutes acceptance.

15. Contact Us

For questions about these Terms, contact us at:

Email: perpetualmarketingassets@gmail.com Registered Office: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ