Terms and Conditions
Welcome to Creative Soil. These Terms and Conditions govern your use of our website (creativesoil.framer.website) and the B2B brand building, marketing strategy, and retail distribution services we provide. By engaging our services or purchasing a monthly package (Seed, Growth, or Cherry-pick), you agree to be bound by these terms.
1. Our Services
Creative Soil acts as an independent contractor providing strategic brand development, digital management (Amazon UK, Ocado), and retail pitching services to FMCG, health, and wellness brands. We leverage our network to introduce your brand to UK retail buyers, independent shops, and corporate venues.
2. Retainer Fees and Payment Terms
All monthly retainer fees are billed in advance and must be paid in full before our team commences strategy work or retail outreach for that billing cycle. Failure to pay retainer fees on time may result in an immediate pause of all pitching and account management services until the balance is cleared. As outlined in our Cancellation Policy, monthly retainers are non-refundable once the billing cycle has begun.
3. Retail Commission Structure
A core component of the Creative Soil partnership is our commission model. In addition to the monthly retainer, a commission applies to all secured retail placements generated through our introductions.
The specific commission percentage will be agreed upon and formalised in writing before outreach begins.
Commission is payable on the gross invoice value of all Purchase Orders (POs) generated from the secured retailer.
Survival of Commission: If Creative Soil successfully introduces your brand to a buyer and a listing is secured, our right to receive commission on that specific retail account remains in effect for the duration of your brand's relationship with that retailer, even if you eventually cancel your monthly retainer with us.
4. No Guarantees of Placement or Volume
While Creative Soil guarantees we will execute the agreed-upon number of retail pitches (e.g., up to 5, 15, or unlimited based on your package), we cannot legally guarantee that a retailer will accept your product. The final decision to list a brand rests entirely with the retail buyer. Furthermore, we do not guarantee specific sales volumes, Rate of Sale (ROS), or consumer demand once your product is on the shelf.
5. Client Responsibilities
To effectively pitch your brand, we require your timely cooperation. The client agrees to:
Provide accurate and up-to-date brand books, product information, and pricing margins.
Supply adequate physical product samples at your own cost to be sent to retail buyers.
Ensure all products comply with UK food standards, safety regulations, and trading laws. Creative Soil is not liable for any product recalls or compliance failures.
6. Confidentiality and Non-Disclosure
We deeply respect the privacy of your business. Both Creative Soil and the client agree to maintain strict confidentiality regarding all shared proprietary information. This includes, but is not limited to, manufacturing costs, wholesale margins, recipe formulations, and our proprietary network of retail buyer contacts. You agree not to bypass Creative Soil to directly contact buyers we have introduced you to in an attempt to circumvent our commission structure.
7. Intellectual Property
Any strategy documents, brand book revisions, marketing frameworks, and pitch decks created by Creative Soil during our engagement remain the intellectual property of Creative Soil until all outstanding retainer fees are paid in full. Upon full payment, the rights to your specific brand assets are transferred to you. However, Creative Soil retains the right to use non-confidential elements of our work (such as visual design transformations or placement statistics) in our agency portfolio and case studies.
8. Limitation of Liability
To the maximum extent permitted by UK law, Creative Soil shall not be held liable for any indirect, incidental, or consequential damages, including lost profits, loss of data, or supply chain disruptions resulting from your use of our services or your relationships with the retailers we secure.
9. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these terms or our commercial agreements will be subject to the exclusive jurisdiction of the courts of England and Wales.
