Terms of service

Effective Date: 9 January 2026

Welcome to the Jay Nicholas website. By accessing or using this website or engaging with the services offered, you agree to comply with and be bound by these Terms of Service. Please read them carefully before using the site or booking a consultation.

If you do not agree to these terms, you must not use the website or services.

1. Introduction & Overview of Services

These Terms of Service ("Agreement") govern the provision of services by Jay Nicholas, a registered business and the trading name of work carried out by Jacob O'Gorman. Jay Nicholas is not a team, and all services provided are managed and executed solely by Jacob O'Gorman. This is not intended to be misleading, and clients should understand that the business is operated by an individual.

Jay Nicholas is a registered company in the United Kingdom, with the Companies House number 15886293.

By engaging the services of Jay Nicholas, you ("the Client") agree to abide by these Terms of Service.

Jacob O'Gorman, trading as Jay Nicholas, is an Associate Member (ACIM) of the Chartered Institute of Marketing (CIM) and an Associate Member of the Association of Project Management (APM). These memberships reflect a commitment to maintaining high standards of professionalism, ethical conduct, and continuous development in both marketing and project management. The CIM is a leading body for marketing professionals, ensuring that all marketing services provided by Jay Nicholas are delivered in accordance with best practices and ethical guidelines. As a member, Jacob O'Gorman is bound by the CIM’s Code of Professional Conduct, guaranteeing that clients receive services of the highest quality, integrity, and transparency.

Similarly, as an Associate Member of the APM, a professional association for project managers, Jacob O'Gorman adheres to the APM Body of Knowledge, which outlines the standards for project management processes, ensuring structured and well-managed project delivery. These memberships are a testament to Jay Nicholas' commitment to ongoing professional development and to ensuring that all services offered are aligned with industry standards. Clients can verify both memberships by referring to the relevant professional bodies directly.

Jay Nicholas will never engage directly with a client’s website. Any content sent to the client for use on their website will remain the client’s responsibility to review before use. Once the content is live on the client's website, the client assumes full responsibility for the content and any consequences arising from its use. Jay Nicholas declines any responsibility for issues, claims, or damages arising from the content used on the client’s website.

Additionally, Jay Nicholas is not qualified to provide legal, financial, or any other advice that requires formal qualification by law in the United Kingdom. Any advice provided by Jay Nicholas is based purely on industry experience, marketing knowledge, business development expertise, and associated qualifications. Clients are encouraged to seek appropriate professional advice from qualified legal or financial advisors when necessary.

In the event that clients require legal or financial advice, Jay Nicholas may refer clients to legal professionals, financial advisors, or investment professionals when funding is needed to grow their business. However, these referrals do not constitute advice, and clients are not obligated to seek investment, funding, or use the referred professionals. Jay Nicholas does not have any responsibility or influence over the services provided by the referred professionals.

Additionally, when the work required by the client is out of scope of the services provided by Jay Nicholas, the business may refer clients to other qualified marketing professionals to meet those needs. However, clients are not obligated to use the referred professionals, and Jay Nicholas is not responsible for the services provided by any third-party professionals referred to the client.

Jay Nicholas does complete work on behalf of and for charitable organisations on a pro-bono basis. Charities do not pay for services provided by Jay Nicholas, but businesses are required to pay for the services rendered. Jay Nicholas does not receive any form of reward or remuneration for the work carried out for charities.

Jay Nicholas provides the following professional services:

Marketing Consultancy
Social Media Marketing Services
Email Marketing Services
SEO Services
Content Marketing Services
Business Development Services
CRM System Referrals (as a certified partner of Monday.com).

Services are offered via direct consultation and are not sold online. Prospective clients must schedule an initial consultation, after which an invoice will be provided for agreed-upon work.

In some cases, clients may receive certain services or work free of charge at the discretion of Jay Nicholas. Jay Nicholas reserves the right to amend its pricing structure for clients on an individual basis, based on specific circumstances. The business rejects any legal challenges related to differences in pricing, including instances where some clients may pay more or less for the same service.

Jay Nicholas will provide clear and transparent details regarding the services offered, the level of service to be provided, the estimated time required to complete the work, and the actual hours worked, as set forth in the proposals, contracts, and invoices provided to the Client.

The estimated time specified in the proposal is intended as a guide, and Jay Nicholas reserves the right to exceed or reduce the estimated time based on the actual requirements of the work. The Client acknowledges and agrees that the final invoice may reflect more or fewer hours than originally estimated, depending on the time required to complete the services as agreed.

Unless otherwise explicitly stated in the contract, Jay Nicholas is not obligated to limit the time billed to the estimated amount outlined in the proposal. The Client agrees to pay for the actual hours worked, regardless of any time estimates provided, and Jay Nicholas will provide a breakdown of costs upon request.

By entering into a contract with Jay Nicholas, the Client agrees to pay all invoices issued in accordance with the services rendered, unless such invoices can be demonstrably proven to be unreasonable or unlawful.

Jay Nicholas leverages Artificial Intelligence (AI) tools and technologies to enhance the quality, efficiency, and effectiveness of the services provided. AI tools may be utilised in various areas such as content creation, data analysis, marketing automation, and customer relationship management. These tools are employed to support the strategic goals of clients, offering insights and optimising workflows. However, Jay Nicholas ensures that any use of AI is aligned with ethical standards, legal compliance, and the values of transparency and fairness. Clients are assured that AI tools are used responsibly and in a way that enhances human expertise rather than replacing it. Furthermore, the use of AI does not diminish the quality or personalisation of the services, and clients will be fully informed of any AI-driven aspects of their work upon request.

2. Taxation

Jay Nicholas is only required to adhere to the tax and VAT laws of the United Kingdom. Any work carried out for clients based outside of the UK will be executed in accordance with the tax and VAT laws of the United Kingdom. Clients based outside of the UK are responsible for adhering to any additional tax laws or regulations applicable in their jurisdiction. However, Jay Nicholas does not assume any responsibility for taxes or duties owed in foreign jurisdictions, and all tax matters related to services outside the UK are the responsibility of the client.

Please note that the prices listed on the website for services provided by Jay Nicholas do not include VAT, which may or may not be applicable to the services rendered, depending on the nature of the service and the client's location. Any VAT charges will be applied in accordance with UK VAT laws. Tax paid by Jay Nicholas may be reflected in the prices of services provided.

3. Eligibility

By using this website or engaging with the services, you confirm that:

You are at least 18 years old.
You have the authority to enter into a legally binding agreement.
The information you provide during consultations or enquiries is accurate and complete.
The Client must be a registered business or sole trader within their jurisdiction, in accordance with local laws and regulations.
The Client must not operate any illegal or unregistered business. Jay Nicholas will never complete work on behalf of clients operating illegal or unregistered businesses under any circumstances.
- Illegal Activities: Jay Nicholas disclaims any association with or responsibility for any illegal business ventures or activities undertaken by the Client. Should any such activities arise, Jay Nicholas reserves the right to cooperate with legal authorities and provide any necessary evidence in the context of criminal or legal investigations, as required or deemed appropriate.
- Suspension of Services: In the event that Jay Nicholas determines that the Client is engaged in illegal activities, Jay Nicholas reserves the right to immediately suspend services to the Client. Furthermore, Jay Nicholas may be required, or may choose, to report such activities to the relevant legal or regulatory authorities.
The Client must provide accurate, up-to-date information as requested by Jay Nicholas during the course of their engagement.
The Client must be able to enter into a legally binding agreement and must not be subject to any restrictions that would prohibit them from receiving services from Jay Nicholas.
Be of sound body and mind when entering into agreements with Jay Nicholas. This ensures that decisions made regarding contracts, services, and ongoing communications are entered into willingly and with full understanding. Jay Nicholas reserves the right to decline or terminate agreements if it believes a Client cannot fulfil this requirement. This clause is intended to safeguard both parties and ensure fairness, professionalism, and integrity in all engagements.

4. Booking and Payments

Consultations:
An initial consultation must be scheduled through the website or via direct contact with Jay Nicholas. By booking a consultation or getting in touch with Jay Nicholas through normal channels or via the website, you agree to these Terms of Service and the Privacy Policy.
Invoices and Payments:
Clients will be invoiced for services following the consultation and agreement on the scope of work. Payments must be made according to the terms outlined in the invoice.
Fees and Refunds:
Unless otherwise agreed in writing, fees paid for services are non-refundable once work has commenced. This does not affect any statutory rights the Client may have under applicable UK law, including rights relating to services not provided with reasonable care and skill.
Late Payments:
Failure to pay invoices on time may result in a suspension of services.
Failure to Make Payment:
If payment is not received after the agreed payment period specified in the invoice, Jay Nicholas reserves the right to:
- Pursue legal or debt recovery actions to collect unpaid amounts.
- Charge additional fees, such as late payment penalties or interest, as permitted by applicable laws.
- Withhold deliverables or services until the outstanding balance is settled in full.
Monday.com Demo Bookings:
By booking a demo of Monday.com's CRM system, you additionally agree to the Terms of Service set out by Monday.com.

5. Working Hours

Jay Nicholas typically completes work outside of the standard 9:00 AM to 5:00 PM working hours, Monday to Friday. The majority of work is carried out during the following times:

Monday to Friday: 6:00 AM to 8:00 AM and 6:00 PM to 9:00 PM
Saturday: 8:00 AM to 1:00 PM
Sunday: 8:00 AM to 12:00 PM

These hours are set to accommodate the flexibility needed for delivering quality services. Clients may still reach out outside these hours, but responses and actions will generally occur during the specified times, unless agreed upon otherwise.

Jay Nicholas is responsible for ensuring that all work is delivered to clients by the specified deadlines detailed in the contract. The business will ensure that all work is completed within the agreed timelines by utilising the specified working hours.

Non-Working Days: Jay Nicholas observes all national public holidays recognised by England, excluding those specific to Scotland or other regions of the United Kingdom. On these public holidays, Jay Nicholas may not be available for regular business activities or service delivery, including meetings, project work, and client communications.

Impact on Service Delivery: In the event that a public holiday in England falls within the timeframe of a project or service delivery, Jay Nicholas will make reasonable efforts to inform clients of any potential delays in the completion of services. The business will not be held liable for any delays in work that occur due to public holidays. Any work scheduled to be completed on a public holiday will be rescheduled to the next available working day.
Client Scheduling and Public Holidays: Clients are encouraged to account for English public holidays when setting expectations for timelines and deadlines. If a public holiday affects the client’s business operations, Jay Nicholas will attempt to accommodate the client’s schedule and requirements, but this may result in delays to the completion of services.
Bank Holiday Observations: Jay Nicholas observes the standard English bank holidays and national public holidays. Clients will be notified of any public holiday closures or service limitations, where relevant, to manage expectations and adjust project timelines accordingly.
Urgent Services: In the event of an urgent need for services during an English public holiday, clients may contact Jay Nicholas. While the business will make reasonable efforts to address urgent matters, urgent services may be subject to availability and may incur additional charges.
Notice of Public Holidays: Clients will be notified of any planned closures or service limitations due to English public holidays in advance, wherever possible, to help manage expectations and adjust project timelines accordingly.

6. Client Responsibilities

To ensure the successful delivery of services, clients agree to:

Provide timely access to necessary information and resources.
Communicate promptly about any changes to project requirements or timelines.
Acknowledge that results (e.g., SEO rankings, marketing impact) may vary depending on numerous factors beyond Jay Nicholas' control.

Both Jay Nicholas and the client have the right to terminate the contract under specific conditions as outlined in the terms of service. The following guidelines apply to the notice period, rules for contract termination, and responsibilities upon contract conclusion:

Notice Period: Either party may terminate the contract by providing a written notice of termination. The notice period for termination shall be two (2) months, unless otherwise agreed in writing between both parties.
Mutual Agreement: Both parties acknowledge and agree that the two-month notice period is fair and reasonable, and by entering into this contract, they accept this duration for the termination notice. Should either party wish to shorten the notice period, this must be mutually agreed upon in writing.
Exceptions to Notice Period: The two-month notice period may be shortened or waived in the event of a breach of contract, failure to perform obligations, or other special circumstances that make immediate termination necessary. In such cases, either party may terminate the contract with a shorter notice period, or without notice, upon written notice.
Consumer Protection Considerations: This notice period is subject to any applicable consumer protection laws or regulations in the relevant jurisdiction. If such laws require a shorter or different notice period, those requirements will take precedence over the contractual terms.
Termination by Agreement: In addition to the notice provisions outlined, both parties can mutually agree to end the contract at any time with written consent. In such cases, the notice period may be adjusted to reflect the agreement reached.

Both parties acknowledge that termination of the contract does not relieve them of any obligations or responsibilities that exist prior to the termination, including payment of outstanding fees and handling of confidential information.

7. Intellectual Property

Website Content and Assets: All content and assets found on the website, including but not limited to text, graphics, logos, images, designs, and other materials, are the exclusive property of Jay Nicholas. While Jay Nicholas does not currently own formal trademarks or copyrights, it retains the right to protect its proprietary assets against unauthorised use, reproduction, or distribution. The business reserves the right to take legal action against any infringement of its intellectual property.
Some images and logos displayed on the website may not be the property of Jay Nicholas and may be sourced from third parties; however, users of the website are not granted any rights to download, reproduce, or use these images without obtaining the necessary permissions from the rightful owners.
Work Product: All deliverables, including reports, designs, marketing strategies, content, and other materials created as part of the services provided to clients, remain the intellectual property of Jay Nicholas, unless otherwise agreed upon in writing. Clients may use the work product solely for their internal purposes related to the agreed services. Redistribution, modification, public sharing, or commercial use of the work product without prior written consent from Jay Nicholas is strictly prohibited.
Third-Party Tools and Trademarks: References to third-party tools, such as Monday.com, HubSpot, and any other platforms or services used by Jay Nicholas to facilitate service delivery, are provided for service facilitation purposes only. These tools, along with any associated trademarks or service marks, remain the property of their respective owners. Jay Nicholas does not claim ownership of these third-party platforms or endorse them in any way beyond the referral or service implementation. Any use of third-party services is governed by the respective platform’s terms of service and policies.
Client License to Use Work Product: Upon full payment of fees for services rendered, clients are granted a non-exclusive, non-transferable license to use the deliverables for the specific purposes outlined in their contract with Jay Nicholas. This license is limited to the scope of work and does not grant clients the right to sublicense, assign, or resell the deliverables unless agreed upon in writing.
Confidentiality and Proprietary Information: During the course of engagement, Jay Nicholas and the client may exchange proprietary information, which includes, but is not limited to, business plans, strategies, marketing approaches, technical information, and financial data. Both parties agree to keep this information confidential and not disclose it to third parties without prior written consent, except where required by law. The ownership of such information will remain with the disclosing party unless otherwise specified.
Modification of Deliverables: The client is permitted to modify the deliverables created by Jay Nicholas only for internal, non-commercial purposes, provided such modifications do not violate any proprietary rights or trademarks of Jay Nicholas or third-party service providers. Clients must not claim ownership or use modified versions of the deliverables in ways that could cause confusion, misrepresentation, or infringement of intellectual property rights.
Protection of Proprietary Rights: Jay Nicholas takes reasonable steps to protect its intellectual property rights and may pursue legal action in cases of infringement, unauthorised use, or misappropriation of any proprietary materials. This includes both digital and physical assets created by or associated with Jay Nicholas.
No Transfer of Ownership of Third-Party Content: Any third-party content or assets used in the deliverables provided by Jay Nicholas, such as licensed images, stock content, or software, remain the property of the third-party providers. Clients are not granted ownership of such third-party content, and any rights to use such materials are subject to the licensing terms and conditions of the respective providers.

8. CRM System Referrals

Jay Nicholas is a certified partner of Monday.com, an online work operating system and CRM platform that provides various business management tools to its users. As a certified partner, Jay Nicholas offers guidance and recommendations regarding the implementation and use of Monday.com for clients seeking a CRM system to enhance their business operations.

However, clients acknowledge and agree that Jay Nicholas does not own, operate, or control Monday.com in any way. Monday.com is an independent third-party platform with its own terms of service, privacy policy, and operational structure. Jay Nicholas acts solely as a referral partner and is not responsible for any aspect of Monday.com’s functionality, performance, reliability, or availability.

By choosing to purchase a Monday.com plan via referral from Jay Nicholas, clients explicitly acknowledge that any issues or concerns related to the CRM platform must be directed to Monday.com. Any technical issues, disruptions, or feature requests related to Monday.com should be handled by Monday.com’s support team, in accordance with their terms of service and support protocols. Jay Nicholas will not be held liable for any disruptions, issues, or performance problems experienced by the client while using the Monday.com platform.

As a certified partner of Monday.com, Jay Nicholas operates under the guidelines and terms set forth by Monday.com for its partners. This includes compliance with Monday.com’s partner program rules, which are designed to ensure that partners act in accordance with the platform’s policies and maintain a high level of service for clients. Jay Nicholas is required to adhere to these legal obligations as outlined by Monday.com, and any misuse or breach of these guidelines by Jay Nicholas or the client in relation to Monday.com services may result in penalties or the termination of the partnership.

Clients understand that while Jay Nicholas can provide guidance on how to implement and use Monday.com for their business needs, the overall management, control, and resolution of issues related to Monday.com’s platform are the responsibility of the client and Monday.com itself.

9. Data Protection and Privacy

Jay Nicholas is fully committed to ensuring the privacy and security of your personal data and complies with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. The business recognises the importance of safeguarding the personal and business information you entrust to it and strives to maintain the highest standards of data protection in all its operations.

As part of its compliance with UK GDPR, Jay Nicholas takes appropriate technical, administrative, and physical measures to protect your data from unauthorised access, misuse, alteration, or loss. Furthermore, Jay Nicholas adheres to strict guidelines regarding data retention, ensuring that your personal information is only kept for as long as necessary to fulfil the purposes for which it was collected or as required by law.

We are committed to transparency and clear communication regarding how your personal data is used. By using our services, you agree that your personal information may be collected, stored, and processed in accordance with the terms outlined in our Privacy Policy. This policy explains in detail the types of data we collect, the purposes for which it is used, and the rights you have regarding your personal information, including your rights to access, rectify, or erase your data, and how to exercise those rights.

We encourage you to review our Privacy Policy regularly to stay informed of any updates or changes. Should you have any concerns or questions about how the business handles your personal data, please do not hesitate to contact Jay Nicholas using the contact details provided. We are dedicated to ensuring that your data is handled securely, responsibly, and in compliance with the highest legal standards.

The Privacy Policy forms part of these Terms of Service.

9A. Data Protection Roles, Lawful Basis, and Processing Obligations

For the purposes of the UK General Data Protection Regulation (“UK GDPR”) and the Data Protection Act 2018:

Data Controller and Data Processor Roles
Jay Nicholas acts as:

a Data Controller in respect of personal data collected directly from website visitors, prospective clients, and clients for business administration, marketing, invoicing, and contractual purposes; and
a Data Processor where Jay Nicholas processes personal data on behalf of clients in the course of delivering services such as marketing consultancy, email marketing, social media management, CRM implementation, and related business development services.

Where Jay Nicholas acts as a Data Processor, the Client remains the Data Controller and confirms that it has the lawful authority to provide such personal data for processing.

Lawful Bases for Processing
Jay Nicholas processes personal data under one or more of the following lawful bases, as applicable:

performance of a contract;
legitimate interests in operating and growing the business;
compliance with legal obligations; and
consent, where required by law.

Processor Obligations
Where Jay Nicholas processes personal data on behalf of the Client, Jay Nicholas shall:

process personal data only on the documented instructions of the Client;
take appropriate technical and organisational measures to protect personal data;
ensure that any persons authorised to process the data are subject to confidentiality obligations;
not engage sub-processors without appropriate safeguards;
assist the Client, where reasonably requested, in responding to data subject rights requests; and
delete or return personal data upon termination of the services, unless retention is required by law.

A separate Data Processing Agreement (DPA) may be provided where required to satisfy UK GDPR Article 28 obligations.

International Data Transfers
Jay Nicholas may use third-party platforms and service providers that store or process data outside the United Kingdom. Where personal data is transferred outside the UK, appropriate safeguards will be implemented, including:

adequacy regulations;
the UK International Data Transfer Agreement (IDTA); or
other legally recognised transfer mechanisms.

Data Subject Rights
Individuals have the right to request access, rectification, erasure, restriction, objection, and data portability in accordance with UK GDPR. Requests may be made using the contact details provided in these Terms. Individuals also have the right to lodge a complaint with the Information Commissioner’s Office (ICO).

10. Disclaimer of Warranties

The website and services provided by Jay Nicholas are offered on an "as-is" and "as-available" basis. This means that while Jay Nicholas strives to offer high-quality services, the company does not make any express or implied warranties, representations, or guarantees regarding the accuracy, completeness, reliability, or suitability of the website or any of the services offered. The business does not warrant that the website will be uninterrupted, error-free, or secure at all times, nor does it guarantee that any defects or issues will be promptly corrected.

Further, Jay Nicholas makes no guarantees or assurances about the outcomes or results of the services provided, including but not limited to marketing, SEO, business development, social media marketing, email marketing, content marketing, or any other consultancy or service offered. The success of these services depends on a variety of factors, including the nature of the client’s business, market conditions, the actions of competitors, and other external circumstances. As such, while Jay Nicholas will use its professional expertise to deliver the services, no specific results or outcomes can be promised.

Clients acknowledge that the effectiveness of marketing strategies, SEO campaigns, and business development efforts cannot be predicted with certainty, and therefore Jay Nicholas does not provide any warranty or guarantee regarding the achievement of specific business metrics, leads, conversions, rankings, or other measurable results. Clients are encouraged to discuss any expectations or concerns regarding these services before engaging with Jay Nicholas to ensure a clear understanding of potential outcomes.

11. Limitation of Liability

To the fullest extent permitted by law:

Exclusion of Indirect, Incidental, and Consequential Damages: Jay Nicholas shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to lost profits, loss of business, loss of data, business interruption, or any other damages resulting from the use or inability to use the website or services provided, even if Jay Nicholas has been advised of the possibility of such damages. This exclusion applies to any claims arising out of or in connection with the use of the website, the services offered, or any delay or failure in the performance of those services.
Limitation of Total Liability: In the event of any claim, dispute, or legal action related to the services provided, the total liability of Jay Nicholas, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total amount paid by the client for the specific service or services that gave rise to the claim. This limitation applies to all claims made by the client or any third party against Jay Nicholas in relation to the provision of the services.
Exclusion of Liability for Third-Party Services: Jay Nicholas shall not be responsible or liable for any issues, damages, or disruptions arising from third-party services, platforms, or software used in connection with the services, such as Monday.com, HubSpot, or any other third-party tools or platforms. Any claims or issues related to third-party services should be directed to the relevant service providers as per their terms and conditions.
Client Responsibility: Clients agree that they are solely responsible for ensuring that any use of the website and services complies with applicable laws, regulations, and industry standards. Jay Nicholas shall not be held responsible for any legal or regulatory violations resulting from the client’s use of the services or the content provided.
Statutory Rights Preserved
Nothing in these Terms excludes or limits liability for:

death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; or
any other liability which cannot be excluded or limited under applicable UK law.

12. Termination

Jay Nicholas reserves the right to terminate or suspend access to the website or services at any time without prior notice if you violate these terms or engage in conduct deemed harmful to the business or other users.

Jay Nicholas is committed to ensuring compliance with all relevant laws, regulations, and ethical standards in the provision of its services. However, there are certain conditions under which services may be terminated or refused. These include, but are not limited to, the following circumstances:

Violation of Legal or Regulatory Standards: If a client or their activities violate any applicable laws, regulations, or standards, either in the jurisdiction where the client operates or in the United Kingdom, Jay Nicholas reserves the right to suspend or terminate services.
Breach of Contract: If the client fails to adhere to the terms of the contract, including but not limited to non-payment or failure to meet agreed-upon deadlines, Jay Nicholas may terminate services and cease further work with the client.
Engagement in Illegal or Unethical Activities: If Jay Nicholas discovers that a client is engaged in illegal activities, unethical conduct, or business practices that conflict with the values upheld by the business, services will be immediately terminated.
Non-Compliance with International Standards: If a client fails to meet internationally recognised standards of conduct, including those related to data protection, privacy, financial practices, and anti-bribery measures, Jay Nicholas reserves the right to suspend or terminate services.
Failure to Cooperate: If the client does not cooperate fully with Jay Nicholas, provides inaccurate or incomplete information, or obstructs the progress of the work, Jay Nicholas may cease providing services.
Sanctions or Trade Restrictions: Should a client or the client’s jurisdiction fall under sanctions or trade restrictions imposed by the UK or international authorities, Jay Nicholas will be required to suspend or terminate services.
Conflict of Interest: In the event that a conflict of interest arises between Jay Nicholas and a client, whether personal, professional, or legal, services may be suspended or terminated.
Unacceptable Business Practices: If a client is found to be involved in practices that are discriminatory, unethical, or against the principles of equality and diversity upheld by Jay Nicholas, services will be terminated.

Clients should be aware that Jay Nicholas reserves the right to assess any situation and determine whether the continuation of services is appropriate. If services are terminated under these circumstances, Jay Nicholas will not be held liable for any resulting loss or inconvenience to the client.

13. Third-Party Links

The website may include links to third-party websites, such as Monday.com. Jay Nicholas is not responsible for the content, privacy policies, or practices of third-party sites.

14. Use of Third-Party Platforms (HubSpot, Monday.com, and Other Platforms)

When clients instruct Jay Nicholas to complete social media and email marketing services on their behalf, Jay Nicholas may use HubSpot as a third-party platform to manage social media accounts and email marketing campaigns. HubSpot is a widely recognised and trusted platform that offers tools for scheduling, tracking, and analysing social media posts and email campaigns. Similarly, when utilising services related to the Monday.com CRM system or other relevant third-party platforms, clients acknowledge that these platforms are governed by their own terms of service and privacy policies. Clients are subject to the terms and conditions of these platforms as applicable.

Clients acknowledge that they will not have direct access to HubSpot, or other third-party platforms but are granting Jay Nicholas full control over their social media and email accounts, as well as their CRM system if applicable, for the purpose of completing the agreed-upon work. Clients reserve the right to manage their social media, email accounts, or CRM system through their chosen software. However, by engaging Jay Nicholas for these services, clients agree to grant full control of these accounts to Jay Nicholas via the applicable third-party platform for the duration of the services. If a client does not agree to the use of HubSpot, or other third-party platforms for these services, Jay Nicholas may decline to offer the corresponding services.

Social media posts and email campaigns may be sent or posted by Jay Nicholas without explicit agreement from the client unless otherwise specifically agreed upon in the contract. Jay Nicholas will aim to follow the client's preferences but reserves the right to carry out tasks in line with best practices for social media and email marketing.

Jay Nicholas is not responsible for any issues arising from the functionality, service availability, or any other concerns related to HubSpot, Monday.com, or any other third-party platforms, and clients agree to hold Jay Nicholas harmless in the event of any disruptions, issues, or disputes related to the use of these platforms.

Additionally, Jay Nicholas is not responsible for any reputational damage, complaints, or negative feedback arising from social media, email marketing, or CRM activities completed on behalf of the client. Any legal challenges, claims, or disputes resulting from these activities shall be the sole responsibility of the client. Jay Nicholas agrees to provide full support in the event of legal challenges related to these services, including providing information held by Jay Nicholas if requested by law enforcement, lawyers, or courts as prescribed by law in the United Kingdom, or in accordance with the relevant legal requirements for work outside of the UK.

15. Blog Content

The Jay Nicholas website includes a blog with content related to marketing consultancy, social media marketing, email marketing, SEO, content marketing, business development, and other related topics. By accessing the blog, you agree to the following:

Ownership and Copyright:
All blog content, including text, images, and graphics, is the intellectual property of Jay Nicholas unless otherwise credited. You may not reproduce, distribute, modify, or publish blog content without prior written permission. Images displayed on the blog may not be the property of Jay Nicholas and may be sourced from third parties; however, users of the website are not granted any rights to download, reproduce, or use these images without obtaining the necessary permissions from the rightful owners.
Permitted Use:
- You may view, share, or reference blog content for personal, non-commercial purposes.
- Sharing blog content via social media or other platforms must include proper credit and a link back to the original article.
Third-Party Content and Links:
Some blog posts may include links to third-party websites or reference third-party tools or services. Jay Nicholas is not responsible for the accuracy, content, or practices of these third-party entities.
Disclaimer:
Blog content is provided for informational and educational purposes only. It does not constitute professional advice or guarantee specific results. Users are advised to consult directly with Jay Nicholas or other professionals for tailored advice.
Updates and Accuracy:
While efforts are made to ensure the accuracy and relevance of blog content, Jay Nicholas does not guarantee that blog posts will remain up-to-date. Content may be updated or removed at the discretion of the business.
Artificial Intelligence: Jay Nicholas leverages Artificial Intelligence (AI) tools and technologies to enhance the quality, efficiency, and effectiveness of the content provided. AI tools may be utilised in various areas such as content creation, data analysis, marketing automation, and customer relationship management. These tools are employed to support the strategic goals of clients and prospective clients. However, Jay Nicholas ensures that any use of AI is aligned with ethical standards, legal compliance, and the values of transparency and fairness. Clients are assured that AI tools are used responsibly and in a way that enhances human expertise rather than replacing it.

16. Compliance, Risk and Regulation

Jay Nicholas is not qualified to offer legal or financial advice. Any advice provided during the course of services, including marketing strategy, business development, or other recommendations, is intended to be informal and based on industry best practices. Clients are encouraged to seek professional legal, financial, or tax advice when needed, as Jay Nicholas cannot provide such expertise.

While Jay Nicholas strives to deliver services in compliance with applicable laws and regulations, including data protection, advertising, and marketing standards, clients are responsible for ensuring that their business practices and use of services comply with all relevant laws and regulations.

Jay Nicholas disclaims any responsibility for decisions made by clients based on the advice or recommendations provided, and is not liable for any legal or financial consequences arising from such advice or the use of services. Clients should also be aware of any risks associated with their business activities, including but not limited to, reputational, operational, or regulatory risks. The client assumes full responsibility for managing and mitigating these risks.

Furthermore, clients acknowledge that Jay Nicholas is not responsible for compliance with any third-party services or software, including platforms like Monday.com. Clients must ensure they are using these services in accordance with the respective terms of service and relevant regulations.

Jacob O'Gorman, trading as Jay Nicholas, is a Member of a political party. However, it is important to note that his political views have no bearing on the operations or services provided by Jay Nicholas. These personal views are entirely separate from the business and do not influence the advice, recommendations, or strategies offered to clients. Jay Nicholas operates with the utmost professionalism, and the values and practices of the business are strictly focused on delivering high-quality services, in line with industry standards and ethical guidelines. Any personal affiliations or political opinions held by Jacob O'Gorman will never be part of, or affect, the activities or decisions made by Jay Nicholas in a business context. There is no legal obligation to disclose the name of the political party Jacob O'Gorman is a member of unless required by law.

Jay Nicholas is committed to ensuring compliance with the relevant UK laws and regulations regarding money laundering and financial crime, including the Proceeds of Crime Act 2002 (POCA) and the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017. The Client warrants that any funds used to pay for services provided by Jay Nicholas are not derived from criminal activity or unlawful sources. Jay Nicholas reserves the right to undertake any necessary checks to prevent money laundering or financial crime, including the right to refuse or suspend services to any Client who is suspected of engaging in or being connected to illegal financial activities. Jay Nicholas may be required to report any suspicious activity to the appropriate authorities, including the National Crime Agency (NCA), in accordance with UK law.

Jay Nicholas is committed to ensuring compliance with the General Data Protection Regulation (GDPR), the Data Protection Act 2018, and all relevant UK advertising laws, including those governed by the Advertising Standards Authority (ASA) and the CAP Code. Jay Nicholas will process personal data only in accordance with the applicable data protection laws, ensuring that all personal data provided by Clients is stored securely and used solely for the purposes specified in the agreement. The Client acknowledges that, in the course of providing services, Jay Nicholas may handle personal data related to marketing campaigns, social media accounts, email marketing, and other business development activities. Jay Nicholas will ensure that all marketing and advertising practices are in full compliance with UK advertising regulations, avoiding any misleading, harmful, or unlawful practices. The Client agrees to provide necessary consents for the use of data in line with the purposes of the services provided, and to ensure that any data used for marketing or advertising purposes has been collected and processed in accordance with relevant laws.

In addition to the aforementioned regulations, Jay Nicholas will comply with all applicable laws, rules, and industry standards relevant to the services provided, including but not limited to intellectual property laws, consumer protection laws, and competition law. Jay Nicholas will ensure that all work, content, and services offered to the Client are in accordance with legal requirements and do not infringe on third-party rights. The Client is responsible for ensuring that any materials, intellectual property, or content they provide to Jay Nicholas for use in services are legally obtained and used in compliance with applicable laws. Jay Nicholas disclaims responsibility for any legal issues arising from the Client’s materials or instructions that may violate applicable legal standards. Furthermore, Jay Nicholas reserves the right to comply with any other legal obligations imposed by relevant authorities in the course of providing services, including obligations related to anti-bribery and anti-corruption laws.

Gifts Policy: In compliance with UK anti-bribery and anti-corruption laws, Jay Nicholas maintains a strict policy regarding the acceptance and giving of gifts. No monetary gifts (including gift cards or vouchers) will be accepted or given under any circumstances. Jay Nicholas will not accept or offer any gifts, hospitality, or benefits that could be perceived as an attempt to influence business decisions, breach ethical standards, or violate any applicable laws. Gifts may only be accepted if they are of nominal value and are in line with ordinary business practice. Jay Nicholas may, at its discretion, provide small tokens of appreciation or promotional items to clients, provided these do not exceed acceptable limits set by industry standards or create any perceived conflict of interest. Any gifts or benefits provided or accepted will always be documented and treated transparently.

Charitable Donations:
Jay Nicholas is committed to supporting charitable causes that align with its values and ethical standards. The business may, at its discretion, make donations to registered charities, non-profit organizations, or community initiatives that promote social good, equality, and positive change. Such donations are voluntary and are not a part of the services or pricing provided to clients. Charitable donations made by Jay Nicholas will not influence any client relationships, contractual agreements, or pricing structures. Clients should note that charitable donations are separate from the services provided, and no client is obligated to contribute or participate in any charitable activity promoted by Jay Nicholas.

Investments:
Jay Nicholas may, at its discretion, make investments in various business ventures, startups, or other opportunities that align with its professional goals and growth strategy. These investments are made solely by Jay Nicholas and do not form part of the services offered to clients. Any investment activity undertaken by Jay Nicholas is done so in accordance with applicable financial and legal regulations. Clients should be aware that Jay Nicholas is not a financial advisor, and any investment activity is independent of its core business offerings, including marketing consultancy and business development services.

Bribery Laws:
Jay Nicholas operates in full compliance with the UK Bribery Act 2010 and all applicable anti-bribery and anti-corruption laws. The business does not condone or participate in any form of bribery or unethical conduct. Clients should be assured that any charitable donations or sponsorships made by Jay Nicholas, whether promoted to clients or others, will not influence any contractual arrangements or service offerings. Charitable contributions are always made in good faith and with the sole purpose of supporting causes aligned with the values of Jay Nicholas.

Client Involvement:
Clients are never required to contribute financially to any charitable donations or investments made by Jay Nicholas. Any engagement in charitable or investment activities is entirely voluntary and separate from the services outlined in client agreements. Jay Nicholas does not provide financial advice or encourage clients to participate in any specific investments or charitable contributions, and such decisions remain the client’s responsibility. Additionally, Jay Nicholas affirms that charitable donations will not influence any aspects of the client's contract or business relationship with the company.

Jay Nicholas reserves the right to decline providing services to businesses or individuals operating in sectors that are deemed illegal, unethical, or in violation of applicable laws. Specifically, Jay Nicholas will not provide services to entities involved in illegal activities, fraudulent practices, or businesses operating in sectors such as gambling, adult entertainment, drug-related industries, or any other sectors that contravene ethical business standards or legal regulations in the United Kingdom or the relevant jurisdiction. Additionally, Jay Nicholas will not engage with financial or legal services businesses, as it is legally restricted from doing so due to existing contractual agreements. Jay Nicholas may also refuse to provide services to any professional services business if it is deemed to pose a conflict of interest. The decision to refuse services is made at the sole discretion of Jay Nicholas, with the goal of maintaining ethical practices and compliance with all applicable laws.

Jay Nicholas may not provide work or suspend work to clients in countries that are currently subject to sanctions imposed by the UK government. These sanctions may be based on legal, financial, or political reasons, and they prohibit specific transactions or activities with individuals, businesses, and entities in these regions. In compliance with UK law, Jay Nicholas will not engage in any business, provide services, or enter into contracts with clients located in or connected to any of these sanctioned countries.

As of the latest information available, the following countries are currently subject to UK sanctions, and Jay Nicholas is prohibited from providing services or conducting business within these jurisdictions:

Afghanistan
Belarus
Burma (Myanmar)
Central African Republic
Democratic Republic of Congo
Iran
Iraq
North Korea
Russia
South Sudan
Syria
Venezuela
Yemen

Disclaimer: This list of countries is subject to change based on ongoing updates from the UK government. Jay Nicholas reserves the right to assess the sanctions imposed by the UK government at any given time and may suspend or refuse services to clients in any countries or regions that are added to the sanctions list. Clients located in or with affiliations to countries under UK sanctions should be aware that Jay Nicholas cannot and will not provide services or engage in business in such jurisdictions.

Jay Nicholas adheres to all relevant laws and regulations within the United Kingdom and its territories, including those affecting members of the British Commonwealth. While the British Commonwealth comprises a diverse range of countries, membership in the Commonwealth does not automatically mean that services can or will be provided to businesses or clients in these countries. Jay Nicholas operates under the legal framework of the UK and complies with its standards for data protection, business conduct, and trade. Clients located within Commonwealth nations should be aware that, although Jay Nicholas may provide services to businesses in these countries, it is not responsible for any local laws or regulations that may conflict with UK law.

Additionally, Jay Nicholas cannot be held liable for any legal or compliance issues arising from activities carried out within Commonwealth jurisdictions that fall outside of UK law.

Jay Nicholas is not responsible for the actions, work, or services provided by any third parties, partners, or vendors engaged by clients, particularly when such third parties may be involved in or connected to sanctioned jurisdictions. If a client engages a third party, including but not limited to contractors, platforms, or service providers, who operates in or provides services to countries subject to sanctions by the UK government, Jay Nicholas disclaims any responsibility for the actions of these third parties in relation to those jurisdictions.

Clients are advised to ensure that any third-party engagements comply with all applicable sanctions and laws. Jay Nicholas will not be held liable for any legal or financial consequences arising from a client’s use of third-party services or work that may violate sanctions imposed by the UK government.

Compliance with IT Laws and Regulations: Jay Nicholas commits to complying with all applicable information technology (IT) laws, regulations, and industry standards in the jurisdictions where services are provided. This includes, but is not limited to, adherence to data protection laws, intellectual property rights, cybersecurity regulations, and any other laws related to the operation and use of IT systems and services.

Data Security: Jay Nicholas ensures that all IT systems, platforms, and software used to deliver services are secure and comply with industry standards for data security. This includes implementing appropriate technical and organisational measures to protect against unauthorised access, disclosure, alteration, or destruction of personal data and other sensitive information.
Software and Licensing: Jay Nicholas will only use legally licensed software and applications in the delivery of services. Clients are advised to ensure that any software, platforms, or tools used by Jay Nicholas are properly licensed and compliant with relevant licensing agreements. Jay Nicholas is not responsible for any issues arising from the use of unlicensed or non-compliant software by clients or third parties.
Intellectual Property Rights: Jay Nicholas will respect the intellectual property rights of clients, third parties, and software providers. All content, software, or tools provided by Jay Nicholas are either owned or licensed by the business, and clients must adhere to any licensing restrictions or terms of use imposed by third-party providers.
Cybersecurity: Jay Nicholas will take reasonable precautions to safeguard the confidentiality and integrity of client data and IT infrastructure. However, clients are responsible for ensuring that their own systems, networks, and devices are secure and compliant with applicable cybersecurity regulations.
Third-Party IT Providers: Jay Nicholas may use third-party IT providers, platforms, or services in delivering its services to clients. In such cases, the client agrees that Jay Nicholas is not responsible for the functionality, security, or compliance of third-party services, and it is the client’s responsibility to ensure that these providers comply with all applicable laws, regulations, and industry standards.
IT Support and Troubleshooting: Any IT support or troubleshooting services provided by Jay Nicholas are subject to availability and are offered as part of specific services requested by the client. Clients should understand that resolving IT issues or disputes outside the scope of the services agreed upon may incur additional charges and are subject to a separate agreement.
Regulatory Changes: Jay Nicholas will make reasonable efforts to comply with changes in IT laws and regulations. However, clients acknowledge that changes in relevant laws, rules, or guidelines may occur, and Jay Nicholas will not be liable for any impacts arising from such changes.

17. Equality and Diversity

Jay Nicholas is fully committed to promoting equality, diversity, and inclusion in all aspects of its operations. This commitment is in line with the Equality Act 2010 in the United Kingdom, which protects individuals from discrimination based on characteristics such as age, disability, gender, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sexual orientation, and other protected characteristics.

At Jay Nicholas, ensuring a diverse and inclusive environment is of personal importance to Jacob O'Gorman. The business values the contributions of individuals from all backgrounds and is dedicated to ensuring that everyone, regardless of their race, ethnicity, gender, sexual orientation, disability, or any other characteristic, has equal access to opportunities and services.

To support these values, Jay Nicholas seeks guidance and advice from respected organisations that champion inclusivity and diversity. This includes engagement with groups such as Stonewall (advocating for LGBTQ+ rights), The National Diversity Awards, and Race Equality Foundation, among others. These collaborations help ensure that Jay Nicholas remains informed of best practices and developments in diversity and inclusion efforts, both within the business and across the wider community.

In line with its commitment to equality and inclusivity, Jay Nicholas acknowledges that pricing may be influenced by the socio-economic characteristics of clients. In order to foster an inclusive client base, Jay Nicholas reserves the right to adjust its pricing structure, including offering reduced rates, to ensure that all individuals, regardless of their financial background, have access to equal quality services. This policy is designed to ensure that businesses of all sizes, including those from underrepresented or financially constrained communities, can benefit from the high-quality marketing services provided by Jay Nicholas.

However, Jay Nicholas is also committed to gender pay equality and affirms that no client will ever be charged a higher invoice based on any protected or other characteristics, including gender. While pricing may be adjusted to accommodate clients from varying socio-economic backgrounds, all clients will be charged fairly and equally in relation to the scope of work. The adjustments made based on socio-economic factors do not apply to any protected characteristics, including gender. Gender equality and fairness in pricing are core principles upheld by the business at all times, ensuring that all clients are treated with fairness and respect.

Furthermore, Jay Nicholas will never engage in business or provide services to clients in countries where any of the protected characteristics under UK law are not respected or legally protected. This includes, but is not limited to, countries where LGBTQ+ rights, racial equality, and gender equality are not recognised or where discrimination on these grounds is legally or culturally tolerated.

As of the latest information available, Jay Nicholas will not engage in business with or provide services to clients in the following countries, where there are significant concerns regarding the protection and respect for LGBTQ+ rights, racial equality, or gender equality:

Afghanistan
Algeria
Brunei
Chechnya (part of Russia)
Egypt
Gambia
Iran
Iraq
Jamaica
Kuwait
Malaysia
Morocco
Nigeria
Pakistan
Qatar
Saudi Arabia
Somalia
Tanzania
United Arab Emirates
Uganda
Yemen

These countries either have legal systems that criminalise LGBTQ+ rights, restrict gender equality, or engage in racial discrimination in both legal and social contexts. Jay Nicholas reserves the right to assess the human rights environment in any jurisdiction where services are to be provided and may refuse to provide services where laws and policies undermine basic equality and freedom.

Disclaimer: This list is not exhaustive, and Jay Nicholas reserves the right to assess the human rights environment in any country or jurisdiction. The company may refuse services to clients in countries not listed here, where it determines that fundamental rights—specifically relating to LGBTQ+ rights, racial equality, and gender equality—are not upheld by law or respected in practice. The company remains committed to maintaining an inclusive and equitable service offering to clients globally.

Jay Nicholas is dedicated to fostering an environment where all individuals, clients, and partners feel valued, respected, and able to thrive. Discrimination, harassment, or any form of exclusion will not be tolerated in any aspect of the business.

Jay Nicholas is not responsible for the equality and diversity policies of any third parties or partners it works with. While Jay Nicholas is committed to upholding equality and diversity in all its own practices, the policies and actions of third parties, vendors, or business partners are their sole responsibility. Any third-party or partner’s policies regarding equality, diversity, or non-discrimination do not necessarily reflect the values, policies, or practices of Jay Nicholas. Clients should be aware that Jay Nicholas is not liable for any discrepancies or issues arising from the equality and diversity practices of third parties or partners engaged by the client or by Jay Nicholas on the client’s behalf.

18. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, unless otherwise required by mandatory local law.

Nothing in this section prevents Jay Nicholas from enforcing its rights in any other jurisdiction where permitted by law.

19. Changes to These Terms

Jay Nicholas may update these Terms of Service from time to time. Any changes will be posted on this page with a revised effective date. Continued use of the website or services constitutes acceptance of the updated terms.

20. Complaints

At Jay Nicholas, client satisfaction is a priority, and the business is committed to providing high-quality services. However, if any issues arise regarding the services provided, a clear and transparent process is in place for handling complaints.

Complaint Process:
In the event of a complaint or dissatisfaction with the services provided, clients are encouraged to raise their concerns as soon as possible. Complaints should be submitted in writing to Jay Nicholas via email or other agreed-upon communication channels, including a detailed description of the issue, the circumstances surrounding it, and any relevant supporting information.

Acknowledgment and Resolution:
Upon receiving a complaint, Jay Nicholas will acknowledge the receipt of the complaint within five (5) business days. Efforts will be made to investigate and resolve the matter promptly and professionally. Where possible, Jay Nicholas will aim to address and resolve the complaint within a reasonable timeframe, which will be communicated to the client.

Rectifying Complaints:
If the complaint relates to the quality or delivery of services, Jay Nicholas will work with the client to rectify the issue, either through additional work, amendments to the deliverables, or other mutually agreed-upon actions. This may include revising content, adjusting strategies, or re-executing tasks where applicable to ensure client satisfaction.

Gestures of Goodwill:
In some cases, Jay Nicholas may offer gestures of goodwill as a means to acknowledge the client's concerns and demonstrate a commitment to maintaining a positive business relationship. Such gestures may include offering additional services, providing a partial refund, or offering a discount on future work, depending on the nature and severity of the complaint. Any goodwill gesture offered will be at the discretion of Jay Nicholas and will not be considered as an obligation or standard practice.

Exclusions:
Please note that Jay Nicholas cannot be held responsible for dissatisfaction arising from external factors outside its control, such as delays from third-party vendors, platform issues, or miscommunications. Additionally, any complaints that are the result of changes or decisions made by the client (for example, failure to approve or provide timely feedback) may not be subject to rectification or goodwill gestures.

Referral to Professional Bodies:
If a complaint cannot be resolved through direct communication between Jay Nicholas and the client, or if the client feels that their complaint has not been adequately addressed, the client has the right to refer or escalate the issue to relevant professional bodies or regulatory organisations. Clients can refer complaints to the following industry bodies that oversee marketing services:

Chartered Institute of Marketing (CIM) – As a member of CIM, Jay Nicholas adheres to the CIM Code of Conduct. Complaints about marketing practices can be referred to the CIM, which provides a platform for resolving disputes between members and clients.
The Advertising Standards Authority (ASA) – The ASA regulates advertising in the UK and handles complaints related to misleading or non-compliant marketing practices.
The Direct Marketing Association (DMA) – The DMA is a key body in the UK that governs ethical standards in direct marketing. It offers a complaint resolution process for issues related to direct marketing services.
The Data & Marketing Association (DMA) – A leading trade body for marketing services in the UK, specialising in data-driven marketing. Complaints regarding the use of data in marketing can be escalated here.

These bodies provide clients with an avenue for escalating concerns if they are dissatisfied with how a complaint is managed or resolved. Further details of these organisations and their complaint processes will be provided upon request.

Jay Nicholas values the feedback provided by clients and considers it essential for continuous improvement of services. Clients who are dissatisfied with the resolution of their complaint may seek alternative dispute resolution mechanisms, as outlined in the contract or by applicable laws.

21. Contact Information

If you have questions or concerns about these Terms of Service, please contact:

Jay Nicholas
Email: jacob.ogorman@jay-nicholas.co.uk
Phone: +44 (0) 7941 603 487