Terms of Service

1. Scope

These terms of service apply to every engagement between The Folk Agency ("we", "us") and the client named in a proposal or an order confirmation ("you"). Where a signed proposal, statement of work or master agreement conflicts with this page, the signed document wins for that engagement.

By approving a proposal or by sending us a brief that we confirm in writing, you accept these terms.

2. Services

We plan, buy and optimise advertising, produce creative assets, build landing pages and funnels, and set up tracking and attribution. The exact deliverables, channels, volume of creative and reporting cadence are described in the proposal for each engagement.

We work as an independent contractor. Nothing in these terms creates a partnership, a joint venture or an employment relationship between us.

Estimates of performance, tests per month or creative volume are planning targets. They are not guarantees of results, because media performance depends on the market, the offer, the platform auction and factors outside our control.

3. Proposals, fees and payment

Fees are stated in the proposal as a monthly retainer, a project fee, or a combination of both. Advertising spend is paid by you directly to the platforms and is separate from our fees, unless the proposal explicitly covers media billing.

Invoices are issued at the start of each period and are payable within 7 days, unless the proposal sets another term. Amounts paid for completed work are not refundable. Late amounts may carry interest at 1 percent per month plus the local reference rate, and we may pause campaign work while an invoice stays open for more than 15 days.

Prices may be adjusted with 30 days written notice, and never during the first 60 days of an engagement.

4. Client responsibilities

You agree to provide, on time: access to the advertising accounts and analytics, a working landing page or the material we need to build one, product or service claims that are accurate and substantiated, and a person authorised to approve creative and budget changes.

You are responsible for the legality of your product, your claims, your prices and your checkout. You confirm that you hold the rights to every asset you send us, including images, video, music, testimonial statements and customer data.

Delays in approvals or access extend the agreed timelines by the length of the delay.

5. Third party platforms

Campaigns run on platforms such as Meta, Google, TikTok, Taboola, Outbrain and RevContent. Those platforms have their own terms, review processes, pricing and availability, and they may reject, restrict or pause an ad, an account or a payment method at their own discretion.

We are not responsible for platform decisions, policy changes, auction dynamics, outages or measurement differences between platforms. Where a platform restricts delivery, we will propose alternatives within the scope of the engagement.

6. Intellectual property

Creative assets we produce for you become your property once the related invoice is paid. Until then, we keep the rights to those assets.

Methods, frameworks, internal templates, scripts, tracking setups, naming conventions and process documentation remain our property and may be reused in other engagements. Third party materials are licensed to you under the terms of their own providers.

We may reference the engagement and share non sensitive creative examples in our portfolio, unless you ask us in writing not to.

7. Confidentiality

Each party keeps the other's non public information confidential and uses it only to perform the engagement. This covers campaign data, commercial terms, product roadmaps, customer lists and unpublished creative. The obligation continues for 3 years after the engagement ends, and does not cover information that is public, already known, or required to be disclosed by law.

8. Data protection

Where we process personal data on your behalf, we act as an operator or processor and you act as the controller. We process that data only on your documented instructions, apply the security measures described in our Privacy Notice, and keep it for as long as the engagement requires.

Each party complies with the LGPD and, where applicable, the GDPR, and each party informs the other without undue delay if it becomes aware of a personal data breach affecting the engagement.

9. Warranties and liability

We perform the services with reasonable skill and care, using qualified people and standard industry practice. We do not warrant any specific level of revenue, return on ad spend, cost per acquisition or profit.

To the extent permitted by law, our total liability under an engagement is limited to the fees paid to us in the 3 months before the event that caused the loss. Neither party is liable for indirect or consequential losses, including lost profit, lost data or lost business opportunity.

Nothing in this section limits liability that cannot be limited under applicable law.

10. Term and termination

The first engagement runs for 60 days from the start date. After that it continues month to month until either party gives 30 days written notice. Either party may terminate immediately for a material breach that is not fixed within 15 days of written notice, or if the other party becomes insolvent.

On termination you pay for work delivered and for non cancellable commitments made on your behalf up to the end date. We hand over account access, assets and documentation that belong to you.

11. Governing law

These terms are governed by the laws of the Federative Republic of Brazil. The parties resolve disputes first through good faith negotiation. If that fails within 30 days, the dispute goes to the courts of the district where the client is established, or to the courts of the district where we are established, at the choice of the claimant.

Where the client is established in the European Union, this clause does not remove any mandatory consumer or contractual protection that the client enjoys under the law of its own country.

12. Changes and contact

We may update these terms for future engagements. The version in force is the one published on this page when a proposal is approved, unless the signed proposal includes its own terms.

Questions about this document: hello@thefolkagency.com.