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These terms govern your use of this website and, where an engagement agreement does not say otherwise, the provision of Primetok's agency services.
Where you have signed a separate engagement agreement or statement of work with us, that document takes precedence over these terms to the extent the two conflict.
The content on this site is provided for general information about our services. It is not advice, and it does not constitute an offer capable of acceptance. Prices, packages and inclusions may change without notice until confirmed in a written proposal.
Case studies, metrics and testimonials illustrate past engagements. They are not a promise or forecast of the results your business will achieve.
You may not use this site in any way that is unlawful, attempts to gain unauthorised access to it, or interferes with its operation.
We provide TikTok Shop branding, shop setup and operations, content production and paid media management, as scoped in your proposal. We will perform those services with reasonable care and skill, using appropriately qualified people.
Delivery depends on you providing, in reasonable time:
Where a delay is caused by outstanding items on your side, or by a third-party platform's review process, timelines adjust accordingly and the monthly fee remains payable.
We may charge statutory interest and recovery costs on late payment under the Late Payment of Commercial Debts (Interest) Act 1998, and may suspend services where an invoice is more than 14 days overdue, having given you written notice first.
Retainers run for an initial term of three months from the start date, then continue month to month. Either party may end a rolling engagement by giving 30 days' written notice, expiring at the end of a billing month.
Either party may terminate immediately if the other commits a material breach that is not remedied within 14 days of written notice, or becomes insolvent.
On termination, fees for work performed up to the effective date remain payable. We will hand over accounts, assets and documentation, and there is no exit or transition fee.
Subject to payment of all sums due, all deliverables we create for you — video assets, scripts, listing copy, brand systems and documentation — are assigned to you on creation, together with perpetual rights to use them for organic and paid purposes.
Where third-party material is involved — creator likeness, licensed music, stock elements — your rights are limited to those granted by the relevant licence or creator agreement. We will tell you before production where a usage term is limited.
We retain ownership of our own pre-existing methods, templates, briefing frameworks and internal tooling. You grant us a licence to use your brand assets solely to deliver the services, and — unless you tell us otherwise in writing — to reference the engagement in our portfolio.
We do not guarantee any level of sales, gross merchandise value, return on ad spend, reach or ranking. Results depend on factors outside our control, including your pricing, stock availability, product-market fit, competitor activity and the platform's own distribution and policy decisions.
What we do commit to is the scope of work in your proposal: the output volumes, the management cadence, the reporting, and the agreed blended ROAS floor governing spend.
Primetok is an independent agency and is not affiliated with, endorsed by or acting as an agent of TikTok or ByteDance. Suspension, restriction or closure of your shop or ad account by the platform is not a breach of these terms by us, though we will assist with appeals as part of the service.
You are responsible for the legality, safety and compliance of your products, and for the accuracy of any claim you ask us to make about them. You confirm you hold evidence to substantiate those claims.
We will write listings and creative to TikTok's category rules and to the UK Code of Non-broadcast Advertising (the CAP Code), and will flag anything we believe requires substantiation. We may decline to publish material we consider misleading, unsubstantiated or unlawful.
Each party will keep the other's confidential information — including margins, supplier terms, forecasts and performance data — confidential, and use it only to perform the engagement. This obligation survives termination by three years.
Where we process personal data on your behalf we do so as your processor, on your documented instructions, under the data processing terms in the engagement agreement. Our own processing is described in our privacy policy.
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited.
Subject to that, neither party is liable for loss of profit, revenue, anticipated savings, goodwill or data, or for any indirect or consequential loss. Our total aggregate liability arising out of an engagement is limited to the total fees paid by you to us in the twelve months preceding the event giving rise to the claim.
Advertising spend paid by you directly to a platform is not a fee paid to us and is excluded from that cap.
These terms and any dispute arising from them are governed by the law of England and Wales, and both parties submit to the exclusive jurisdiction of the courts of England and Wales.
We may update these terms from time to time. The version in force when your engagement started continues to apply to that engagement unless we agree a change in writing.
This document is provided as a working template for a UK agency and is not legal advice. Have it reviewed by a solicitor, and complete the company registration, VAT and data protection contact details, before relying on it.
We would far rather answer a question about clause five now than discover in month four that it was read differently on each side.