Terms & Conditions

Retainer Terms Addendum

This Retainer Addendum applies where TDP Agency (“TDP”) provides services to the Client under a Retainer Agreement.

1. Scope of Services

1.1 TDP will provide services each Period from a marketing mix of activities (for example: data supply, email campaigns, database administration, general marketing support, design, direct mail fulfilment) as agreed in writing with the Client.

1.2 The specific mix of services and KPIs will be agreed at the start of each Period, and may be adjusted by mutual written agreement.

1.3 TDP will use reasonable care and skill in providing the services to support the achievement of agreed KPIs.

1.4 KPIs are targets and not guaranteed outcomes.

2. Fees and Payment

2.1 The Client will pay TDP the agreed monthly retainer fee in advance of each Period.

2.2 Fees are non-refundable once the Period begins.

2.3 Any unused time, credits or services within a Period will expire at the end of that Period and will not roll over unless agreed in writing.

2.4 Services requested outside the agreed marketing mix or beyond the agreed allocation will be charged at TDP’s standard rates.

3. Term and Termination

3.1 The Retainer Agreement will continue for a minimum term as stipulated in the contract

3.2 After the minimum term, either party may terminate by giving 30 days’ written notice.

3.3 Termination shall not entitle the Client to a refund of any fees paid in respect of any Period that has commenced.

4. Changes to Services

4.1 The Client may request changes to the marketing mix at any time, subject to TDP’s agreement and confirmation of any revised fee or timeline.

5. Intellectual Property

5.1 Intellectual property rights in any materials, data lists, creative assets or other deliverables produced under the Retainer Agreement shall be governed by Clause 11 of TDP’s Terms and Conditions of Business.

6. Priority of Terms

6.1 This Retainer Addendum applies in addition to TDP’s Terms and Conditions of Business. In the event of any conflict, this Addendum shall take precedence for the retainer services.

7. General

7.1 This Addendum shall be deemed accepted upon the electronic signature of the Retainer Agreement by the Client.