"That's right, buddy. The large print giveth, and the small print taketh away." ~ Tom Waits (not a client). Please read the following carefully.
These Terms & Conditions apply to all services provided by Vanilla Killer (Tom Fallowfield) unless otherwise agreed in writing.
By purchasing or commissioning services, the client confirms they have read and accepted these terms.
1. Who we are
Vanilla Killer provides messaging strategy, website copywriting, lead magnet development, and related marketing services for founder-led businesses.
Services are delivered remotely unless explicitly agreed otherwise.
2. Scope of work
Each project is defined by the scope set out on the relevant service page, proposal, or agreement.
Unless stated otherwise, services include strategy, messaging, copywriting and advisory input. Design, development or third-party implementation may be included only where explicitly mentioned.
Any work requested outside the agreed scope may require a separate quote or additional fee.
3. Upfront payment
All projects are paid upfront before work begins unless explicitly agreed otherwise in writing.
Payment confirms acceptance of these Terms & Conditions and secures project scheduling.
Work will not commence until payment has cleared.
4. Fees and refunds
Because work involves reserved time, strategy, and intellectual input delivered from the outset:
- All payments are non-refundable once a project has commenced.
- If a client chooses not to continue part way through a project, no partial refund will be provided.
- In exceptional circumstances, Vanilla Killer may choose to offer a goodwill solution at its sole discretion, but this is not an obligation.
5. Client responsibilities
The client agrees to:
- Provide accurate information and timely feedback.
- Attend agreed calls where relevant.
- Supply access to existing website materials, analytics, and assets when needed.
- Make reasonable efforts to implement recommendations if implementation is not included in scope.
- Maintain reasonable consistency in core commercial factors (such as offer structure and pricing) during testing periods where performance guarantees apply.
Delays caused by missing information or unavailable stakeholders may extend timelines.
6. Delivery and timelines
Estimated timelines are provided in good faith and assume reasonable client responsiveness.
Delays caused by the client, third-party suppliers, or external developers are outside Vanilla Killer's control.
7. Guarantee (where specified)
Some services include a performance guarantee.
Where a guarantee is explicitly stated in writing:
- The parties will agree a reasonable performance target before implementation begins.
- Vanilla Killer will continue to iterate messaging until that agreed target is achieved.
- Iteration refers to messaging and copy adjustments only, unless otherwise specified.
- The guarantee applies only where messaging is implemented as intended and where sufficient traffic or data exists to assess performance.
The guarantee works best when messaging, implementation, traffic quality, and offer alignment are treated as a shared responsibility.
The guarantee may be affected, delayed, or rendered impractical by factors outside Vanilla Killer's control, including but not limited to:
- Changes to pricing, offers, or service structure after messaging has been implemented.
- Significant changes to the target audience or market positioning.
- External market conditions or economic shifts.
- Traffic volume or traffic quality insufficient to produce reliable data.
- Website design, technical issues, or implementation choices made by third parties.
- Changes to advertising strategy, traffic sources, or marketing channels.
- Material business changes made during the optimisation period.
Reasonable iteration
Iteration under the guarantee is intended to be meaningful, evidence-based improvement work carried out in good faith by both parties.
Vanilla Killer will continue to refine messaging where data and feedback indicate realistic opportunities for improvement. However, the guarantee does not require unlimited revisions, repeated strategic reversals, or ongoing experimentation where performance has stabilised, where further changes are unlikely to produce material gains, or where requested changes fall outside the agreed strategy.
Both parties agree to act reasonably throughout the optimisation process, using available data, commercial context, and practical judgement to determine when the agreed target has been met or when a sensible conclusion has been reached.
If circumstances materially change during the project, both parties agree to review the target and expectations collaboratively.
No guarantee applies unless explicitly stated in the purchased service or agreement.
8. Intellectual property
Upon full payment:
- Final deliverables become the client's property.
- Vanilla Killer retains the right to reference work for portfolio, marketing, and case study purposes unless agreed otherwise.
Drafts, internal frameworks, and methods remain the intellectual property of Vanilla Killer.
9. Limitation of liability
Vanilla Killer provides strategy and messaging expertise intended to improve business outcomes, but cannot guarantee specific revenue or business results beyond any explicitly stated performance guarantee.
Liability is limited to the total amount paid for the service.
Vanilla Killer is not responsible for indirect losses, lost profits, or third-party implementation errors.
10. Third-party tools and platforms
Projects may involve recommendations involving tools or platforms such as website builders, analytics systems, email platforms or other services.
Vanilla Killer is not responsible for outages, policy changes, or technical issues arising from third-party providers.
11. Cancellation and rescheduling
If a client needs to reschedule meetings, at least 24 hours' notice is appreciated.
Repeated no-shows or long periods of non-response may result in project pausing or closure at Vanilla Killer's discretion.
12. Confidentiality
Both parties agree to keep confidential information private and not disclose sensitive business details shared during the engagement.
13. Changes to these terms
Vanilla Killer may update these Terms & Conditions from time to time. The version in force at the time of purchase will apply to that engagement.
14. Governing law
These terms are governed by the laws of England and Wales.
15. Contact
Vanilla Killer
tom@vanillakiller.com
