Terms of service

1. Acceptance of Terms

By accessing or using the Sorted Agency website or engaging our services, you agree to be bound by these Terms and Conditions. If you do not agree, please do not use our website or services.

These terms apply to all visitors, clients, and others who access or use our services. "Services" means all marketing, automation, consulting, and software services provided by Sorted Agency LLC, 131 Continental Dr, Suite 305, Newark, DE 19713, USA ("Sorted Agency", "we").

2. Services

Sorted Agency provides D2C ecommerce growth services including but not limited to: performance marketing (Meta Ads, Google Ads), Klaviyo email and SMS retention, Shopify CRO and development, creative production, AI automation, fixed-price packages (such as BFCM builds and Launch), and white-label delivery for agencies (pods, dedicated people and projects). Sorted Studio, our Figma plugin, is covered in section 14.

Specific deliverables, timelines, and fees for each engagement are defined in a separate Statement of Work (SOW) or Service Agreement signed by both parties. In the event of conflict between these Terms and a Service Agreement, the Service Agreement prevails.

3. Payment Terms

• Retainer fees are due on the 1st of each month unless otherwise agreed in writing
• Project fees follow the payment schedule defined in the relevant SOW (typically 50% upfront, 50% on completion)
• Fixed-price packages and products bought on our website (such as BFCM builds, the Campaign Pack and Launch) are paid in full at checkout through Stripe, or Razorpay in India
• A paid pilot is credited against your first month if you continue with us
• Invoices not paid within 14 days of due date may incur a late fee of 1.5% per month
• Services may be suspended after 30 days of non-payment without notice
• All fees are quoted and billed in USD unless expressly agreed otherwise. Prices shown in INR for India are plus GST
• Ad spend managed on behalf of clients is separate from agency fees and is billed at cost with no markup unless otherwise stated

4. Client Responsibilities

Clients are responsible for:

• Providing timely access to required accounts (Meta Business Manager, Klaviyo, Shopify, Google Ads, etc.)
• Approving creative, copy, and strategy deliverables within agreed timelines
• Ensuring all assets provided to Sorted Agency are owned or licensed by the client
• Maintaining adequate ad spend budgets as agreed in the SOW
• Providing accurate business information required for campaign setup and compliance
• Having the consent and privacy notices your own customers need for the email, SMS and ads we run for you (for example under CAN-SPAM, the TCPA and state privacy laws), and approving offers and claims before they go out

Where we handle your customers' personal data, we use it only to deliver the services and as you instruct, keep it in your accounts, and remove our access when the engagement ends.

Delays caused by client inaction may affect delivery timelines. Sorted Agency is not liable for missed targets resulting from client delays.

5. Intellectual Property

Client assets: All assets, data, and materials provided by the client remain the property of the client.

Deliverables: Upon receipt of full payment, all custom deliverables created specifically for a client (ad creatives, email templates, custom code) are assigned to the client.

Sorted Agency IP: Proprietary tools, frameworks, processes, AI systems (including the Peshwa Swarm), methodologies, and templates developed by Sorted Agency remain the intellectual property of Sorted Agency. These may be used to serve clients but are not transferred as part of any engagement.

Portfolio rights: We may reference client engagements and results in our portfolio, case studies and marketing only in anonymised form, with your name and identifying details removed. We name you only if you agree in writing.

White-label work for agencies: we deliver under your brand, do not contact your clients unless you ask us to, and do not solicit your clients for 24 months after the engagement ends.

6. Confidentiality

Both parties agree to keep confidential any non-public information shared during the engagement, including business data, strategy, pricing, and proprietary processes. This obligation survives termination of the engagement for a period of 2 years.

Confidentiality does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

7. Results and Guarantees

Sorted Agency applies best-in-class practices and commits to dedicated effort on every engagement. However, marketing performance depends on many factors outside our control including market conditions, platform algorithm changes, product-market fit, and client-side execution.

Retainers come with a written target agreed before you sign. If we miss it, you get a written reason and a fix plan on day 30. If it is still missed at day 90, you can leave with no further commitment. That is the remedy for a missed target.

We do not guarantee specific ROAS, revenue, or growth targets. Any benchmarks or projections shared are illustrative based on prior experience and are not binding commitments.

8. Termination

Client termination: Clients may terminate a retainer engagement with 30 days written notice. Project-based engagements may not be canceled once work has commenced without forfeiture of the upfront payment.

BFCM builds: a full refund if you cancel before work starts. After kickoff you keep everything built, and scope locks when you approve the strategy. If we miss the launch date agreed at kickoff for reasons on our side, you get a full refund.

Sorted Agency termination: We reserve the right to terminate any engagement immediately for non-payment, breach of these Terms, or if the client engages in activities we determine to be illegal, unethical, or reputationally damaging.

Upon termination, all outstanding fees become immediately due. Access to accounts and deliverables will be transferred to the client upon receipt of all outstanding payments.

9. Limitation of Liability

To the maximum extent permitted by law, Sorted Agency's liability for any claim arising from an engagement is limited to the total fees paid by the client in the 3 months preceding the claim.

Sorted Agency is not liable for indirect, consequential, incidental, or punitive damages including lost profits, loss of business, or reputational damage.

We are not liable for disruptions or losses caused by third-party platforms (Meta, Google, Klaviyo, Shopify) including account suspensions, algorithm changes, or platform outages.

10. Website Use

You may use our website for lawful purposes only. You must not use our website to transmit spam, malware, or any harmful content. You must not attempt to gain unauthorised access to our systems.

Content on this website is for informational purposes and does not constitute professional financial, legal, or business advice. Always seek appropriate professional advice for your specific situation.

11. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except either party may seek injunctive relief in a court of competent jurisdiction.

12. Changes to Terms

We reserve the right to modify these Terms at any time. Changes take effect upon posting to this page. Continued use of our website or services after changes constitutes acceptance. We will make reasonable efforts to notify active clients of material changes via email.

13. Contact

For questions about these Terms:

Sorted Agency LLC
Email: hello@sorted.agency

14. Sorted Studio

Sorted Studio, our Figma plugin, has its own license, renewal and refund terms. See the Sorted Studio terms and refund policy. They apply alongside these Terms and take priority for Studio.