Terms and Conditions

Malolactic Creative Limited

1. Who we are

These terms and conditions (“Terms”) govern the provision of marketing services by Malolactic Creative, (“we”, “us”, “our”, “the Agency”), through our website at www.malo-lactic.com (“the Website”) and to any client who engages us for services (“you”, “the Client”).

By using the Website, requesting a quote, or engaging us for services, you agree to be bound by these Terms. If you do not agree, please do not use the Website or our services.

2. Our services

We provide marketing services tailored to the drinks industry (including but not limited to breweries, distilleries, wineries, bars, pubs, restaurants, drinks brands and distributors), which may include:

  • Brand strategy and positioning
  • Social media management and content creation
  • Website design, copywriting and SEO
  • Paid advertising and campaign management
  • Photography, videography and product shoots
  • Event and launch marketing
  • Influencer and PR outreach
  • Email marketing and newsletters

The exact scope of services, deliverables, timelines and fees for each engagement will be set out in a separate written proposal, quote, statement of work or contract (“Order”) agreed between us and you. Where there is any conflict between an Order and these Terms, the Order takes priority for that engagement.

3. Compliance with advertising and alcohol marketing rules

Where a project involves marketing alcoholic drinks, both parties agree to use reasonable efforts to ensure content complies with applicable UK advertising and industry codes, including the UK Code of Broadcast/Non-broadcast Advertising (the CAP and BCAP Codes administered by the Advertising Standards Authority), the Portman Group Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks, and any age-verification or responsible-marketing requirements relevant to your products and audience. You remain responsible for ensuring your products, claims and underlying content (e.g. ABV, health claims, licensing) are lawful and accurate; we are responsible for ensuring the marketing materials we create follow standard advertising codes to the best of our knowledge. Neither party guarantees regulatory approval, and you should seek your own legal advice on regulated claims where needed.

4. Intellectual property

  • Unless otherwise agreed in writing, we retain ownership of our working files, templates, pitch materials and pre-existing tools or methodologies used to create deliverables.
  • Once you have paid all applicable fees in full, ownership of the final, agreed deliverables created specifically for you (e.g. final designs, copy, campaign assets) transfers to you, except for any third-party licensed material (such as stock photography, fonts or music), which remains subject to the relevant licence terms.
  • You grant us a licence to use your brand assets, logos and content solely as needed to deliver the agreed services.
  • Unless you opt out in writing, we may showcase completed work in our portfolio, on our Website, and on our own marketing and social media channels.

5. Liability

Nothing in these Terms limits or excludes our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited or excluded under English law.

Subject to the above, our total liability arising out of or in connection with any engagement, whether in contract, tort (including negligence) or otherwise, will not exceed the total fees paid by you for the services giving rise to the claim in the 12 months prior to the claim. We are not liable for indirect or consequential losses, loss of profits, loss of business, or loss of goodwill.

We are not responsible for the performance of third-party platforms (such as social media networks or advertising platforms), or for changes to their policies, pricing or algorithms.

6. Data protection

We process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Details of how we collect, use and protect personal data are set out in our separate Privacy Policy, available at [link to Privacy Policy]. Where we process personal data on your behalf as part of the services (e.g. running email campaigns to your customer list), we will agree appropriate data processing terms with you.

7. Website use

  • Content on the Website is provided for general information only and does not constitute professional advice.
  • We try to keep the Website accurate and up to date but do not guarantee it is free of errors or always available.
  • All content on the Website (text, graphics, logos, images) is owned by us or our licensors and may not be copied or reused without permission.
  • You must not use the Website in any way that causes damage, is unlawful, or introduces harmful code.

8. Force majeure

Neither party will be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, strikes, supply shortages, platform outages, or government action.

9. Complaints

If you are unhappy with our services, please contact us at hello@malo-lactic.com so we can try to resolve the matter promptly and informally.

10. Changes to these Terms

We may update these Terms from time to time, for example to reflect changes in our services or the law. The current version will always be available on the Website. For active engagements, we will notify you of any material changes that affect you.

11. Governing law and jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them or our services, are governed by the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction, except that consumers resident elsewhere in the UK may bring proceedings in their local courts.

12. Contact us

Questions about these Terms can be sent to: hello@malo-lactic.com