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Momentum Retained Sales and Marketing Services Agreement

1. Term of Service

  • 1.1 By entering into a retained sales and marketing services agreement with Momentum Sales & Marketing Ltd known as Momentum, you agree to a minimum term of six (6) months from the effective date of the agreement.

  • 1.2 Momentum works on an hourly retained basis, with a minimum commitment of 10 hours per calendar month, unless otherwise agreed in writing.

  • 1.3 Either party may terminate the agreement by providing three (3) months’ written notice in writing.

  • 1.4 Client Communication & Unused Hours

  • Momentum operates on a retained-hours model, allocating a set number of hours to each client per calendar month.

    • It is the client’s responsibility to provide timely communication, feedback, approvals, and access required to deliver the agreed services.

    • Where a client fails to engage or communicate within a given month, the allocated hours for that month will be deemed delivered and billable, even if unused.

    • Unused hours do not roll over and are non-refundable.

    • Prolonged lack of communication does not constitute notice of termination.

    • The standard three-month written notice period remains enforceable unless formally withdrawn in writing and acknowledged by Momentum.

2. Services Provided

  • 2.1 The services provided by Momentum may include, but are not limited to:

    • Sales and marketing strategy

    • Fractional commercial leadership

    • Outreach and lead generation

    • Digital growth strategy

    • Training, workshops, and advisory services

  • Service descriptions are available at www.gainmomentum.co.uk. The exact scope of work will be agreed in writing prior to commencement.

3. Fees and Payment

  • 3.1 The agreed rate for retained services is confirmed at the point of engagement and outlined in writing.

  • 3.2 Fees are payable monthly in advance, based on the agreed hourly rate and minimum commitment.

  • 3.3 Additional services requested outside the agreed scope may incur additional charges, subject to written agreement.

  • 3.4 Invoices are issued electronically and are due within three (3) days of issue, unless otherwise agreed in writing.

  • Late payments may incur:

    • Statutory interest at 8% above the Bank of England base rate

    • Reasonable debt recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998

  • 3.5 Momentum reserves the right to suspend services without liability where invoices remain unpaid after the due date. Services will recommence once all outstanding balances are settled.

4. Gain Momentum Outreach & Subscription Services

Certain services offered by Momentum, including Gain Momentum Outreach and platform-based services, operate on a rolling monthly subscription basis.

  • 4.1 Subscription Nature

    • Subscriptions are rolling monthly agreements

    • Services renew automatically each month unless cancelled in line with these terms

  • 4.2 Billing & Payment Schedule

    • Invoices are issued on the 26th of each month

    • Payments are collected on the 27th of each month

    • All subscription fees are charged in advance of the service month

    • Payments are collected via GoCardless

    • Clients are responsible for ensuring sufficient funds are available on the collection date

  • 4.3 Cancellation of Subscriptions

    • Cancellation requests must be submitted by email no later than the 20th of the month

    • Cancellations received after the 20th will take effect in the following billing cycle

    • No refunds are provided for part-used or partially completed months

5. Pricing & VAT

  • All prices displayed, quoted, or invoiced are exclusive of VAT

  • VAT is charged at the prevailing UK rate

  • Momentum Sales & Marketing Ltd VAT Registration Number:
    508 2578 81

6. Late Payments (Retained & Subscription Services)

  • 6.1 Where retained or subscription payments are not received on time, Momentum reserves the right to:

    • Apply a late payment charge of up to 5%

    • Suspend services until payment is received

    • Withdraw access to outreach systems or platforms

7. Results & Performance Disclaimer

Momentum provides professional sales, marketing, and commercial consultancy services.

While Momentum applies reasonable skill, care, and experience:

  • No specific sales, revenue, lead volume, or commercial outcomes are guaranteed

  • Outreach services generate conversations and opportunities; sales conversion remains the client’s responsibility

  • Results are influenced by factors outside Momentum’s control, including market conditions, responsiveness, third-party platforms, and client execution

8. Confidentiality

  • 8.1 Both parties agree to maintain the confidentiality of all information exchanged during the term of service.

  • 8.2 Confidential information includes, but is not limited to, business strategies, customer data, financial information, and marketing plans.

9. Termination of Agreement

  • 9.1 Either party may terminate this agreement by providing three (3) months’ written notice by email to hello@gainmomentum.co.uk, which must be acknowledged in writing by Momentum.

  • 9.2 In the event of early termination by the client, all fees due for the remainder of the minimum term and notice period remain payable.

  • 9.3 Lack of communication or inactivity does not constitute notice of termination.

10. Governing Law

  • This agreement is governed by and construed in accordance with the laws of England and Wales, and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

11. Third-Party Platforms & Systems

  • 11.1 Momentum may use, integrate with, or rely upon third-party platforms and tools as part of its services, including but not limited to outreach platforms, email service providers, CRM systems, automation tools, and social media platforms.

  • 11.2 Momentum does not own, control, or operate these third-party platforms and cannot be held responsible for:

    • Platform outages, restrictions, suspensions, or policy changes

    • Account limitations or enforcement actions applied by third-party providers

    • Changes to algorithms, terms of service, or usage rules

  • 11.3 Clients acknowledge that use of third-party platforms is subject to those platforms’ own terms and conditions, and Momentum shall not be liable for any loss arising from actions taken by third-party providers.

12. Independent Contractor Status

  • 12.1 Momentum acts at all times as an independent contractor.

  • 12.2 Nothing in this agreement shall be deemed to create a partnership, joint venture, employment relationship, or agency relationship between Momentum and the client.

  • 12.3 Momentum has no authority to bind the client unless expressly agreed in writing.

13. Data Protection & Privacy

  • 13.1 Momentum processes personal data in accordance with applicable UK data protection legislation, including the UK GDPR and Data Protection Act 2018.

  • 13.2 Any personal data supplied by the client must be lawfully obtained and provided with appropriate consent where required.

  • 13.3 Full details of how Momentum collects, uses, and protects personal data are set out in the Privacy Policy available at: https://www.gainmomentum.co.uk/privacy

14. Amendments to These Terms

  • 14.1 Momentum reserves the right to amend or update these Terms and Conditions from time to time.

  • 14.2 The most recent version will always be published on www.gainmomentum.co.uk. Continued use of Momentum’s services constitutes acceptance of the updated terms.

15. Severability

  • 15.1 If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision shall be deemed severed, and the remaining provisions shall remain in full force and effect.

Acceptance

  • By engaging Momentum for retained or subscription-based services, you confirm that you have read, understood, and agree to be bound by these Terms & Conditions.

    Last updates - 01/January/2026

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