Contact Us
Contact Us
Legal
These Terms & Conditions ("Terms") govern the use of the website and the provision of services by Forest Branding and Digital Media Ltd. ("Forest Branding," "Forest," "we," "us," or "our").
By accessing our website, requesting our services, approving a proposal, signing a service agreement, or otherwise engaging us, you agree to be bound by these Terms together with any applicable proposal, statement of work, order form, service agreement, or other written agreement between you and Forest Branding.
If there is a conflict between these Terms and a specific written agreement signed by both parties, the specific written agreement will take precedence to the extent of the conflict.
Forest Branding and Digital Media Ltd. is a digital marketing agency providing services that may include:
Our registered business details should be confirmed in the applicable proposal, invoice, or contract.
Company: Forest Branding and Digital Media Ltd
Address: Kilmacleague, Dunmore East, Waterford, X91 C2V9, Ireland
Website: forestbrandingdigital.com
For these Terms:
These Terms apply when you:
A proposal or statement of work may contain additional commercial terms, including the Services included, fees, timelines, deliverables, payment schedule, and contract duration.
Forest Branding will provide the Services described in the applicable proposal or statement of work.
Services may include strategic planning, campaign management, creative development, advertising management, social media management, influencer coordination, analytics, reporting, and optimization.
We will perform the agreed Services with reasonable care and skill and in accordance with the applicable Agreement.
We are not required to provide services outside the agreed scope unless those services are separately approved.
Before work begins, Forest Branding may provide a proposal or statement of work setting out:
Unless otherwise stated, proposals are valid for the period specified in the proposal.
Work outside the agreed scope may require an additional fee or revised timeline.
You agree to provide the information, materials, access, approvals, and cooperation reasonably required for us to perform the Services.
This may include:
You are responsible for ensuring that information supplied to us is accurate, complete, current, and lawful to use.
Where Client approval is required, you are responsible for reviewing and approving relevant content, advertising, creative, messaging, offers, claims, landing pages, and campaign materials.
Once approved, Forest Branding may proceed with publication, submission, or launch.
You remain responsible for the accuracy and legality of claims, offers, prices, promotions, product information, and other business information supplied or approved by you.
We may decline to publish or use material that we reasonably believe could breach applicable law, platform rules, or third-party rights.
Our strategic recommendations are based on information available to us, the agreed objectives, relevant marketing data, professional judgment, and the scope of our engagement.
Marketing recommendations are not guarantees of future commercial performance.
Market conditions, competitors, consumer behaviour, platform changes, pricing, product-market fit, sales processes, economic conditions, and other factors may affect results.
Where we manage paid advertising, we may work with platforms such as:
The specific platforms used will depend on the agreed strategy and campaign requirements.
Third-party advertising platforms may change their policies, algorithms, targeting options, pricing, approval requirements, available inventory, or technical functionality at any time.
Forest Branding does not control these third-party platforms.
Media Spend is separate from Forest Branding's management or service fees unless expressly stated otherwise.
The Client is responsible for paying approved advertising expenditure.
Where Forest Branding pays Media Spend on the Client's behalf, the Client must reimburse the relevant amount according to the applicable payment terms.
Advertising budgets are estimates unless expressly agreed as fixed amounts.
Forest Branding will not knowingly exceed an approved advertising budget except where:
We do not guarantee specific:
unless a specific measurable outcome has been expressly agreed in writing as a contractual obligation.
Marketing performance depends on factors outside our control, including market demand, competition, pricing, offer quality, website performance, sales follow-up, platform behaviour, tracking limitations, and customer behaviour.
The Client agrees to comply with the terms and advertising policies of the platforms used for its campaigns.
An advertising platform may reject, restrict, suspend, remove, or limit an advertisement, account, page, profile, website, or campaign.
Forest Branding will use reasonable efforts to manage campaigns in accordance with applicable platform requirements, but cannot guarantee approval or uninterrupted access.
We are not responsible for losses resulting from a third-party platform's independent decisions, outages, policy changes, account restrictions, or technical failures.
The Client is responsible for ensuring that claims relating to its products, services, prices, promotions, certifications, results, guarantees, or other commercial representations are accurate and legally supportable.
Where the Client supplies or approves claims for advertising, the Client remains responsible for the underlying factual basis and supporting evidence.
Forest Branding may request clarification or supporting documentation where appropriate.
Brand strategy services may include:
Strategic materials are prepared for the Client's agreed business purposes.
Strategic recommendations do not guarantee market acceptance, customer response, revenue growth, or commercial success.
Where we provide social media services, the scope may include content planning, content creation, publishing, community management, social strategy, paid social campaigns, or reporting.
Unless expressly agreed, Forest Branding is not responsible for responding to every message, comment, review, mention, or customer enquiry received through a social platform.
The Client remains responsible for customer service, legal complaints, product claims, refunds, regulated communications, and other matters requiring the Client's direct involvement unless such responsibilities are expressly included in the Services.
Where we manage influencer or creator campaigns, our Services may include:
Creator availability, pricing, content performance, audience behaviour, and compliance remain outside Forest Branding's complete control.
Creator partnerships will be subject to applicable agreements and platform requirements.
Influencer or creator fees are separate from Forest Branding's fees unless expressly stated otherwise.
Other campaign costs may include:
The Client is responsible for approved third-party costs associated with its campaign.
Where creative or content production forms part of the Services, the agreed scope will determine:
Additional revisions or deliverables outside the agreed scope may incur additional fees.
The Client grants Forest Branding the permission necessary to use Client-provided materials for the purpose of performing the Services.
The Client represents that it has the necessary rights, licences, permissions, and authority to provide and use those materials.
Client materials may include:
The Client remains responsible for third-party rights relating to materials it supplies.
Unless otherwise agreed in writing:
Ownership of bespoke final Deliverables will be determined by the applicable proposal or Agreement.
Where full ownership of specific Deliverables is intended to transfer to the Client, that transfer will occur only after all applicable fees relating to those Deliverables have been paid in full and subject to any third-party rights.
Forest Branding retains the right to use its general knowledge, skills, methods, ideas, and know-how developed during an engagement, provided this does not disclose the Client's confidential information.
Certain campaign assets may require third-party licences or permissions, including:
Unless otherwise agreed, third-party licence costs are payable by the Client.
The Client must comply with any applicable third-party licence restrictions.
Where Forest Branding creates or modifies website pages, landing pages, forms, tracking systems, or related digital assets, the applicable scope will determine what is included.
The Client is responsible for providing accurate business information, product information, legal notices, pricing, terms, privacy information, and other required content.
Unless expressly included, website hosting, domain registration, maintenance, security, technical support, and ongoing development are not included.
Where reporting forms part of the Services, we may report on metrics such as:
Reporting depends on the availability and accuracy of data from relevant platforms and tracking systems.
Third-party platforms may change how data is collected, attributed, reported, or displayed.
Accordingly, reports may not always reconcile exactly with the Client's internal systems.
Forest Branding may implement or manage tracking technologies such as:
Tracking accuracy depends on website configuration, browser behaviour, consent settings, platform restrictions, technical changes, and other factors.
Where personal data is processed on behalf of the Client, the parties will comply with applicable data-protection requirements and enter into a Data Processing Agreement where required.
The Irish Data Protection Commission states that Article 28 GDPR requires a legally binding contract where a controller engages a processor to process personal data on its behalf.
Each party will comply with applicable data-protection and privacy laws.
Where Forest Branding processes personal data on behalf of a Client as a data processor, the Client will generally act as the controller unless otherwise agreed.
The parties will enter into an appropriate Data Processing Agreement where required by applicable law.
The DPA may address:
Nothing in these Terms is intended to replace mandatory obligations under applicable data-protection law.
If the Client provides customer, prospect, employee, subscriber, or other personal data to Forest Branding, the Client is responsible for ensuring that:
Forest Branding will process such information in accordance with applicable instructions, agreements, and data-protection law.
Each party agrees to keep confidential information received from the other party confidential and to use it only for purposes connected with the Agreement.
Confidential information may include:
Confidentiality obligations do not apply to information that:
Where the Client provides access to advertising, social, analytics, CRM, website, or other accounts, the Client remains responsible for maintaining appropriate account ownership and administrative control unless otherwise agreed.
The Client should use appropriate security measures, including strong passwords and multi-factor authentication where available.
Forest Branding will use account credentials and access only as reasonably necessary to perform the Services.
The Client agrees to pay the fees specified in the applicable proposal, statement of work, invoice, or Agreement.
Fees may include:
Unless otherwise stated, fees do not include third-party costs or advertising Media Spend.
Invoices are payable according to the payment terms stated on the applicable invoice or Agreement.
If no payment period is specified, invoices are payable within 14 days of the invoice date.
The Client should raise any genuine invoice dispute promptly and provide reasonable details supporting the dispute.
Undisputed amounts remain payable by the applicable due date.
If an undisputed invoice remains unpaid after its due date, Forest Branding may:
Any interest or recovery costs will apply only where permitted by applicable law and/or expressly agreed in the applicable contract.
Marketing requirements can change during a project.
Where the Client requests additional work, substantial revisions, additional channels, additional campaigns, new deliverables, or other work outside the agreed scope, Forest Branding may provide a revised quotation or change order.
We will seek Client approval before undertaking chargeable additional work, except where the Client has already authorized such work under the applicable Agreement.
Forest Branding is not responsible for delays caused by:
Where Client delays affect the project, delivery dates may be adjusted accordingly.
Our Services may depend on third-party platforms, software, technology, advertising networks, creators, publishers, hosting providers, or other suppliers.
We do not control their:
Third-party services may change or become unavailable without notice.
Where a third-party service is essential to the agreed Services, we will use reasonable efforts to identify practical alternatives where appropriate.
If a Client's advertising account, social account, website, or other platform account is suspended, restricted, disabled, or terminated by a third party, Forest Branding will use reasonable efforts to assist with available review or appeal processes where this forms part of the agreed Services.
We do not guarantee that a platform will restore or approve an account.
The Client remains responsible for ensuring that its business, products, website, advertising claims, and content comply with applicable platform policies and law.
Forest Branding's Services are designed to support marketing and business objectives, but we do not guarantee that the Services will produce a particular commercial outcome.
Statements about growth, performance, customer acquisition, visibility, leads, sales, or revenue are objectives or descriptions of the intended purpose of the Services unless expressly stated otherwise in a written Agreement.
We will provide the Services with reasonable care and skill and in accordance with the applicable Agreement.
Except where prohibited by law, we do not warrant that:
Nothing in these Terms excludes or limits any statutory right, guarantee, warranty, or remedy that cannot lawfully be excluded or limited.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under Irish law.
Subject to that qualification, Forest Branding will not be liable for indirect or consequential losses, loss of anticipated profits, loss of business opportunity, loss of goodwill, or loss of data to the extent such losses are not directly caused by our breach and cannot lawfully be excluded.
For business-to-business contracts, unless otherwise agreed in writing, Forest Branding's aggregate liability arising from a particular Agreement will not exceed the total fees actually paid to Forest Branding under that Agreement during the 12 months preceding the event giving rise to the claim.
This limitation does not apply to liability that cannot legally be limited or excluded, including liability arising from fraud or other matters for which Irish law prohibits limitation.
Where the Client is a consumer, nothing in this clause is intended to restrict statutory consumer rights or remedies.
To the extent permitted by law, the Client agrees to indemnify Forest Branding against third-party claims, losses, damages, costs, or expenses arising directly from:
This clause does not apply to the extent that a claim results from Forest Branding's own breach, negligence, fraud, or other liability that cannot lawfully be transferred to the Client.
We may suspend some or all Services where reasonably necessary because of:
Where reasonably possible, we will notify the Client before suspending Services and provide an opportunity to resolve the issue.
Either party may terminate an Agreement according to the termination provisions stated in the applicable proposal or service agreement.
Where no specific termination provision applies, either party may terminate an ongoing monthly service arrangement by giving 30 days' written notice.
Termination does not affect:
Cancellation and refund arrangements will depend on the applicable Agreement and the nature of the Services.
Where Services have already been performed, the Client remains responsible for payment for Services properly provided before cancellation.
Approved third-party costs, creator fees, media commitments, production expenses, licences, or other non-refundable costs may remain payable where they have already been incurred or committed on the Client's behalf.
Nothing in this section limits any mandatory consumer cancellation, refund, or other statutory rights.
Irish consumer law provides specific protections concerning service contracts and cancellation, including requirements for transparent terms and remedies where services do not conform to the contract.
If you are a consumer, applicable Irish and European consumer protection laws continue to apply.
Nothing in these Terms is intended to:
Where a term is found to be unenforceable against a consumer, the remaining provisions will continue to apply to the extent permitted by law.
Irish consumer law requires consumer contract terms to be fair, transparent, and consistent with good faith.
Neither party will be responsible for delay or failure to perform its obligations to the extent caused by circumstances reasonably beyond its control.
These may include:
The affected party will use reasonable efforts to mitigate the effects of the event.
You may use our website for lawful purposes only.
You must not:
We may modify, suspend, or discontinue parts of the website without liability where permitted by law.
We aim to keep website information accurate and current, but marketing articles, guides, examples, and other website content are provided for general informational purposes.
Website content does not constitute legal, financial, tax, investment, or other regulated professional advice.
Specific Services are governed by the applicable proposal or Agreement.
Unless otherwise agreed in writing, Forest Branding may identify the Client as a client and display approved publicly available work in its portfolio, website, presentations, or marketing materials.
We will not knowingly publish confidential information for promotional purposes.
If the Client requires complete confidentiality regarding its relationship with Forest Branding or the use of completed work, this should be agreed in writing before the relevant work is published.
We will take reasonable steps to protect confidential campaign information.
We may, however, use aggregated or anonymized information for internal analysis, benchmarking, service improvement, or reporting where the information does not identify the Client or an individual.
The parties may communicate electronically, including by email, project-management platforms, messaging systems, and other agreed digital channels.
Electronic approvals and instructions may be treated as written instructions where legally valid and appropriate.
The Client is responsible for ensuring that authorized representatives provide approvals and instructions.
Formal notices under an Agreement should be sent to the email or physical address specified in the applicable Agreement.
A notice will be considered received in accordance with applicable law or, where no statutory rule applies, when delivery can reasonably be demonstrated.
Neither party may assign or transfer its rights or obligations under an Agreement without the other party's consent, except where the transfer forms part of a merger, restructuring, sale of substantially all relevant business assets, or similar corporate transaction and is otherwise permitted by law.
Forest Branding is an independent contractor.
Nothing in these Terms creates a partnership, joint venture, employment relationship, fiduciary relationship, or agency relationship between Forest Branding and the Client unless expressly agreed in writing.
Forest Branding cannot bind the Client to a third-party contract without the Client's authorization.
Unless expressly agreed in writing, the relationship is non-exclusive.
Forest Branding may provide similar Services to other businesses, including businesses operating in the same or related industries, provided that we maintain our confidentiality obligations and do not misuse the Client's confidential information.
We may update these website Terms from time to time.
Changes to these Terms will not automatically modify a signed service agreement unless the applicable Agreement permits such changes or both parties agree to them.
For existing clients, the terms governing the relevant engagement will generally be those incorporated into the applicable Agreement.
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be interpreted or limited to the minimum extent necessary, where permitted by law.
The remaining provisions will continue in effect.
A failure or delay by either party to enforce a right or provision does not constitute a waiver of that right or provision.
A waiver must be made expressly and in writing where required.
The applicable Agreement, together with these Terms and any incorporated documents, represents the agreement between Forest Branding and the Client concerning the relevant Services.
It supersedes prior discussions or communications concerning the same subject matter, except where expressly incorporated into the Agreement.
These Terms and any Agreement with Forest Branding will be governed by the laws of Ireland, subject to any mandatory legal protections that apply to a consumer or other party under applicable law.
Nothing in this clause prevents a consumer from relying on mandatory rights or protections available in the jurisdiction in which they ordinarily reside where applicable.
If a dispute arises, the parties should first attempt to resolve it through good-faith communication.
The parties may agree to mediation or another appropriate alternative dispute-resolution process before commencing court proceedings.
Nothing in this clause prevents either party from seeking urgent legal relief or exercising a statutory right to bring a claim before a competent court.
For consumers, mandatory statutory dispute-resolution and court rights remain unaffected.
For questions about these Terms or Forest Branding's Services, please contact:
Company: Forest Branding and Digital Media Ltd
Address: Kilmacleague, Dunmore East, Waterford, X91 C2V9, Ireland
Website: forestbrandingdigital.com