Welcome to Malan Agency. These Terms and Conditions (“Terms”) govern your use of our website www.malan.ie, products, and services.
By accessing or using our website, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
1. Use of Our Website and Services
You agree to use our website and services only for lawful purposes and in accordance with these Terms.
You are responsible for ensuring that your use complies with all applicable laws, regulations, advertising standards, medical marketing regulations, and data protection laws, including but not limited to GDPR and applicable Irish and EU regulations.
You must not:
Attempt to gain unauthorized access to our systems, servers, databases, or networks
Use our content or materials for commercial purposes without prior written permission
Upload, transmit, distribute, or introduce viruses, malware, spam, malicious code, or any harmful technological material
Interfere with or disrupt the security, integrity, or performance of our website or services
Reverse engineer, decompile, disassemble, copy, replicate, modify, resell, sublicense, or exploit any part of our systems or automation infrastructure
Use our services in a manner that violates advertising platform policies (including but not limited to Meta, Google, TikTok, or any third-party platforms)
You acknowledge that you are solely responsible for:
The accuracy and legality of any content, claims, promotions, or medical statements used in your marketing campaigns
Ensuring that your business operations, services, and offers comply with all healthcare, cosmetic, aesthetic, or advertising regulations
Obtaining all required patient consents and data permissions
We do not guarantee uninterrupted or error-free access to our website or systems and reserve the right to suspend, restrict, or terminate access at any time if we reasonably believe these Terms have been violated.
You agree to indemnify, defend, and hold harmless Malan Agency, its owners, directors, contractors, affiliates, and partners from and against any claims, damages, liabilities, losses, legal fees, regulatory fines, or expenses arising from:
Your misuse of our services
Your breach of these Terms
Your violation of any law or third-party rights
Any claims arising from your advertising, marketing content, or business practices
Under no circumstances shall Malan Agency be liable for indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of revenue, loss of profits, business interruption, or reputational damage arising from the use or inability to use our services.
Our total liability, if any, shall be limited to the amount paid by you for services during the preceding 30 days prior to the claim.
2. Accounts and Purchases
When you create an account or make a purchase, you agree to provide accurate, complete, and up-to-date information.
You are responsible for maintaining the confidentiality of your account, login credentials, and password. You agree to notify us immediately of any unauthorized access, security breach, or suspected misuse of your account.
You are fully responsible for all activities that occur under your account, whether authorized by you or not.
We reserve the right to refuse, suspend, restrict, or cancel any order, account, or service at any time for reasons including but not limited to suspected fraud, unauthorized use, violation of these Terms, payment disputes, chargebacks, non-cooperation, abusive behavior, or product/service availability.
All purchases for digital services, consulting, automation systems, software setup, advertising management, and AI-related services are considered custom digital services and are non-refundable unless explicitly stated in writing.
You acknowledge that:
Results from marketing, automation, or AI systems may vary based on market conditions, ad spend, client responsiveness, internal processes, and external factors beyond our control
We do not guarantee specific revenue outcomes unless explicitly defined under a separate written guarantee agreement
Failure to follow implementation instructions, use provided systems, or allocate agreed advertising budget may void any performance-related commitments
In the event of a payment failure, declined transaction, delayed payment, or chargeback dispute:
We reserve the right to immediately suspend services
Late payment fees may apply
You remain responsible for all outstanding balances
You agree not to initiate unjustified chargebacks for services already delivered
If a chargeback is initiated without prior written dispute resolution attempt, we reserve the right to recover all associated costs, administrative fees, legal expenses, and collection costs.
Subscriptions, retainers, or installment payment plans are binding for the agreed minimum term and cannot be canceled early unless otherwise agreed in writing.
We reserve the right to modify pricing, service structure, or payment terms for future contracts at any time.
Under no circumstances shall Malan Agency be liable for banking fees, currency exchange fluctuations, third-party payment processor errors, or delays caused by financial institutions.
3. Payment and Refund Policy
All payments must be made in full at the time of purchase unless otherwise stated in writing.
For services provided under a retainer, installment plan, or subscription model, payments are due in advance on the agreed billing date.
Refunds, if applicable, are handled according to our Refund Policy.
Unless explicitly stated in writing, all payments for digital services, consulting, marketing services, AI automation systems, CRM setup, advertising management, and custom implementation work are non-refundable due to the nature of digital service delivery and resource allocation.
You acknowledge and agree that:
Setup fees cover time, technical configuration, system building, automation creation, integration, and onboarding work, and are non-refundable once work has commenced.
Monthly retainers secure time allocation, ongoing management, optimization, and support, and are not refundable once the billing period has begun.
Advertising budgets paid to third-party platforms (e.g., Meta, Google, TikTok) are separate from our service fees and are strictly non-refundable through us.
If you fail to pay for services rendered, we reserve the right to:
Immediately suspend or restrict access to your account, systems, automations, funnels, or campaigns
Pause advertising activities
Withhold deliverables
Terminate the agreement without further obligation
Late payments may incur interest, administrative fees, or recovery costs as permitted under applicable law.
In the event of a failed payment, declined transaction, or overdue balance, you remain responsible for the full outstanding amount.
If a chargeback or payment dispute is initiated without prior written communication and good-faith resolution attempt, we reserve the right to:
Suspend all services immediately
Recover all administrative, legal, and dispute-related costs
Pursue recovery of unpaid balances
Minimum contract terms (including 90-day programs or agreed retainers) are binding for the full duration agreed upon. Early termination does not release the client from remaining payment obligations unless agreed in writing.
No refunds shall be issued based on:
Dissatisfaction due to unmet revenue expectations not covered by a written performance guarantee
Failure to follow implementation recommendations
Insufficient advertising budget
Client-side operational inefficiencies
Platform policy restrictions or account bans outside of our control
Under no circumstances shall Malan Agency be liable for indirect, incidental, or consequential damages, including lost profits, business interruption, reputational harm, or regulatory fines resulting from marketing activities.
Our total liability shall not exceed the total fees paid to us during the preceding 30 days prior to any claim.
4. Intellectual Property
All content on this website—including text, graphics, logos, videos, software, systems, automation workflows, scripts, templates, funnels, marketing strategies, CRM configurations, AI models, and proprietary methodologies—is the property of Malan Agency or its licensors and is protected by copyright, trademark, intellectual property, and other applicable laws.
You may not reproduce, distribute, modify, copy, replicate, publish, transmit, display, license, sell, resell, reverse engineer, decompile, disassemble, or create derivative works from any materials or systems provided by us without our express written consent.
All proprietary systems, frameworks, and methodologies—including but not limited to the Malan AI Booking System™, automation structures, scripts, pipeline designs, and growth strategies—remain the exclusive intellectual property of Malan Agency, even when implemented within a client’s account.
Unless otherwise agreed in writing:
Clients are granted a limited, non-transferable, non-exclusive license to use deliverables solely for their internal business operations.
Clients may not copy or replicate system structures for third-party resale, redistribution, or competitive use.
Clients may not use our intellectual property to create competing services or agencies.
In cases where custom materials are developed for a client (e.g., ad copy, scripts, funnels), ownership of raw strategy, structure, automation logic, and underlying framework remains with Malan Agency.
We reserve the right to showcase non-confidential work, anonymized performance data, or general system structures for portfolio, marketing, or case study purposes unless otherwise agreed in writing.
Unauthorized use of our intellectual property may result in immediate termination of services and may subject the violating party to legal action.
Nothing in these Terms transfers ownership of intellectual property rights to the client unless explicitly stated in a separate written agreement.
5. Disclaimer of Warranties
Our website and services are provided “as is” and “as available.”
We make no warranties, express or implied, regarding the operation of the website, accuracy of information, or suitability for a particular purpose.
To the fullest extent permitted by law, Malan Agency disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to:
Implied warranties of merchantability
Fitness for a particular purpose
Non-infringement
Accuracy, completeness, or reliability of results
We do not guarantee that:
The website or services will be uninterrupted, secure, or error-free
Any defects or errors will be corrected immediately
Results from marketing campaigns, AI systems, automation workflows, or lead generation efforts will meet specific revenue or performance expectations
Advertising platforms (Meta, Google, etc.) will approve, maintain, or optimize campaigns
You acknowledge that:
Marketing performance depends on numerous factors outside our control, including market conditions, competition, ad spend, business operations, pricing, offer quality, response time, and customer experience.
AI systems and automation tools may rely on third-party infrastructure, which may experience downtime, technical issues, or policy changes.
We are not responsible for platform bans, ad account suspensions, payment processor interruptions, or regulatory actions imposed by third parties.
Any revenue examples, projections, or performance scenarios shared by us are illustrative only and do not constitute guarantees of future earnings or business outcomes.
You assume full responsibility for evaluating the suitability of our services for your business.
Under no circumstances shall Malan Agency be liable for any indirect, incidental, consequential, special, or punitive damages arising from the use or inability to use our website or services.
6. Limitation of Liability
To the fullest extent permitted by law, Malan Agency and its affiliates, directors, owners, employees, contractors, partners, and licensors shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to your use or inability to use our website or services.
This includes, without limitation:
Loss of revenue
Loss of profits
Loss of business opportunities
Loss of data
Business interruption
Reputational damage
Regulatory fines or penalties
Advertising account suspensions or restrictions
Platform bans (e.g., Meta, Google, TikTok, or other third-party platforms)
We shall not be liable for any damages arising from:
Third-party services, payment processors, telecommunication providers, hosting providers, or AI technology providers
Changes in advertising platform policies or algorithms
Market conditions, competition, or economic fluctuations
Client-side operational failures, delays in response time, pricing changes, or internal management decisions
Our total aggregate liability for any and all claims, disputes, or damages arising out of or related to our services shall not exceed the total amount paid by you to us for the services in question during the thirty (30) days preceding the event giving rise to the claim.
In jurisdictions where limitations of liability are restricted, our liability shall be limited to the maximum extent permitted by applicable law.
Nothing in these Terms shall exclude liability for death or personal injury caused by proven negligence where such exclusion is prohibited by law.
You agree that the allocation of risk set forth in this section is a fundamental basis of the agreement between you and Malan Agency, and that our pricing reflects this allocation of risk.
7. Indemnification
You agree to indemnify, defend, and hold harmless Malan Agency, its owners, officers, directors, employees, contractors, affiliates, and partners from and against any and all claims, demands, liabilities, damages, losses, costs, expenses, and legal fees arising from or related to your use of our website or violation of these Terms.
This indemnification includes, but is not limited to, claims arising from:
Your breach of these Terms
Your misuse of our services or systems
Your violation of any applicable law, regulation, or advertising standard
Any marketing content, claims, offers, or representations made by your business
Medical, cosmetic, or healthcare-related claims made in your advertising
Failure to obtain proper patient consent or comply with GDPR or data protection regulations
Intellectual property infringement caused by materials provided by you
Regulatory investigations, fines, or enforcement actions resulting from your business activities
You further agree to indemnify and hold harmless Malan Agency from any claims arising from:
Advertising platform suspensions or account bans
Payment processor disputes or chargebacks
Client-side operational errors
Customer complaints related to your services, treatments, or products
Malan Agency reserves the right to assume exclusive defense and control of any matter subject to indemnification at your expense. You agree to cooperate fully in the defense of any such claim.
This indemnification obligation shall survive termination of these Terms and any agreement between the parties.
8. Third-Party Links
Our website may contain links to external websites not operated by us. We are not responsible for the content, availability, accuracy, security, or privacy practices of these third-party sites.
We provide such links solely for convenience and informational purposes. The inclusion of any third-party link does not imply endorsement, affiliation, partnership, or approval by Malan Agency.
You acknowledge that:
Accessing third-party websites is done at your own risk.
We have no control over the policies, terms, or practices of external websites or platforms.
We are not responsible for any loss, damage, or issues arising from your interaction with third-party sites.
Our services may integrate with or rely upon third-party platforms, tools, or service providers, including but not limited to:
Advertising platforms (e.g., Meta, Google, TikTok)
CRM platforms (e.g., GoHighLevel)
Telecommunication providers (e.g., Twilio)
AI providers
Payment processors
We do not guarantee the availability, uninterrupted functionality, or continued support of such third-party services. Changes in policies, pricing, algorithms, availability, compliance rules, or platform restrictions imposed by third parties are outside our control.
Malan Agency shall not be liable for:
Platform suspensions or account bans
Service interruptions caused by third parties
Data loss due to third-party failures
Changes in third-party pricing or technical requirements
Your use of third-party services is subject to their own terms and conditions and privacy policies.
9. Termination
We may suspend or terminate your access to our website or services at any time, without notice, if we believe you have violated these Terms or engaged in fraudulent activity.
In addition, we reserve the right to suspend, restrict, or terminate services immediately in the event of:
Non-payment, failed payments, or overdue balances
Initiation of unjustified chargebacks or payment disputes
Breach of contract or agreed minimum term
Failure to cooperate in providing required materials, approvals, or access
Misrepresentation of business activities
Violation of advertising platform policies
Unlawful, unethical, or misleading marketing practices
Abusive, threatening, or inappropriate conduct toward our staff or contractors
Upon termination:
Access to systems, funnels, automations, dashboards, and accounts built or managed by Malan Agency may be revoked.
We are under no obligation to continue campaign management, optimization, or support.
Any outstanding balances remain immediately due and payable.
Prepaid fees are non-refundable unless otherwise agreed in writing.
If termination occurs before the end of a minimum contract term (including 90-day programs or retainers), the client remains responsible for the full remaining balance of the agreed term unless termination is mutually agreed in writing.
We reserve the right to delete, archive, or disable access to digital assets, systems, or accounts after termination, subject to applicable law.
Termination of services does not limit or waive any rights, remedies, or claims available to Malan Agency under these Terms.
Any provisions which by their nature should survive termination—including but not limited to payment obligations, intellectual property rights, indemnification, limitation of liability, and dispute resolution—shall survive termination.
10. Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Ireland, without regard to its conflict of law principles.
Any dispute, claim, or controversy arising out of or relating to these Terms, our services, or any agreement between the parties shall be subject to the exclusive jurisdiction of the courts of the Republic of Ireland.
You agree that any legal proceedings shall be brought solely in the courts located within Ireland, and you hereby consent to the personal jurisdiction of such courts.
Before initiating any legal action, the parties agree to first attempt to resolve the dispute in good faith through written notice and informal negotiation within a reasonable period.
Nothing in this section shall prevent Malan Agency from seeking injunctive or equitable relief where necessary to protect its intellectual property, confidential information, or business interests.
11. Changes to These Terms
We may update or modify these Terms from time to time. Updates will be posted on this page with the “Last updated” date. Your continued use of our website signifies acceptance of the revised Terms.
12. Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
Malan Agency
Email: [email protected]
Website: www.malan.ie
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