Terms of Service

1. Who we are and what these terms cover

Monday Advertising ("we", "us") provides access to advertising accounts held under our agency relationships, together with account funding ("top-up") and related support services (the "Services"). These Terms of Service (the "Terms") form a binding agreement between us and the person or entity using the Services ("you").

If you are agreeing to these Terms for a company, you confirm you have authority to bind that company, and "you" means that company.

2. Eligibility

You must be at least 18 years old and legally capable of entering contracts. You must not be located in, or ordinarily resident in, a jurisdiction subject to comprehensive sanctions, and you must not appear on any applicable sanctions or restricted party list. We may decline or discontinue service to anyone at our discretion.

3. Onboarding and verification

Access to the Services is subject to onboarding checks. We may request identity documents, business registration details, information about your campaigns, and evidence of source of funds. We may suspend or refuse service where requested information is not provided or cannot be verified.

4. Nature of the accounts

Accounts made available to you are provisioned under our agency relationships. Unless expressly agreed in writing, you receive a right to use an account for your campaigns for the duration of your engagement with us. You do not acquire ownership of the account, and rights of use are not transferable or resellable without our prior written consent.

Access may be withdrawn where required by the relevant platform, by law, or by these Terms.

5. Platform rules are your responsibility

Every advertising platform has its own terms and advertising policies. Your campaigns, creative, landing pages, offers, data practices and targeting must comply with them, and with all laws applicable to your advertising, including consumer protection, advertising standards, data protection and sector-specific rules.

We do not review, approve or endorse your campaign content. We are not responsible for enforcement action taken by a platform in response to your campaigns, and such action does not entitle you to a refund except as set out in clause 8.

6. Acceptable use

You must not use the Services to advertise, promote or facilitate:

• Content that is unlawful in the jurisdiction where it is served
• Fraud, deceptive offers, fake billing practices or misrepresented products
• Malware, phishing, credential harvesting or other malicious payloads
• Content that infringes another party's intellectual property rights
• Cloaking or misrepresentation of a landing page to a platform's review systems
• Any activity designed to evade sanctions, launder funds or conceal beneficial ownership

Breach of this clause is a material breach and may result in immediate termination without refund, alongside any reporting we are legally required to make.

7. Fees, top-ups and payment

Fees are as quoted to you in writing before the relevant service is provided. Top-up amounts are credited to your account balance after funds clear and after any applicable conversion, at the rate disclosed at the time of the transaction.

You are responsible for your own taxes. Where we are required to collect tax, it will be added to the amount payable. Funds transmitted to us for top-up are applied to advertising spend and are not held as a deposit, and we do not pay interest on balances.

8. Refunds, balances and replacement

Unspent balance on an active account may be refunded or transferred at our discretion, less any conversion costs, transfer fees and amounts owed to us. Amounts already spent on advertising are not refundable.

Where we have agreed a replacement arrangement in writing and an account becomes unusable for reasons not attributable to your campaigns or your breach of these Terms, we will provide a replacement account and migrate the remaining balance. Replacement is the sole remedy in these circumstances.

Initiating a chargeback or payment reversal in respect of amounts properly due is a material breach, and we may suspend access and recover the disputed amount together with associated costs.

9. Service availability

We aim to provide continuous service but do not guarantee uninterrupted availability. Advertising platforms change their policies, systems and enforcement behaviour without notice, and those changes can affect the Services. We will use reasonable efforts to maintain continuity but do not warrant any particular spend level, delivery volume, approval rate, campaign performance or account lifespan.

10. Limitation of liability

Nothing in these Terms excludes liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot lawfully be excluded.

Subject to that, we are not liable for loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of goodwill, loss of data, or any indirect or consequential loss, in each case however arising. Our total aggregate liability arising out of or in connection with the Services is limited to the total fees paid by you to us in the three months preceding the event giving rise to the claim, excluding amounts passed through as advertising spend.

11. Indemnity

You will indemnify us against claims, losses, liabilities and reasonable costs arising from your campaigns, your content, your breach of these Terms, or your breach of any platform's terms or any applicable law.

12. Confidentiality

Each party will keep the other's non-public information confidential and use it only for the purposes of the engagement. This does not apply to information that is public through no breach, independently developed, or required to be disclosed by law or regulator.

13. Term and termination

Either party may terminate on written notice. We may suspend or terminate immediately where we reasonably believe there has been a material breach, where continuing would expose us to legal or platform risk, or where required by law or a platform. On termination your access ends and clause 8 governs any remaining balance.

14. Changes to these terms

We may update these Terms. Material changes will be notified to the contact address we hold for you, and continued use after the stated effective date constitutes acceptance.

15. Governing law and disputes

These Terms are governed by the laws of the jurisdiction in which Monday Advertising is established, and the courts of that jurisdiction have exclusive jurisdiction over any dispute arising from them. We will confirm those details in writing to any client who requests them.

Before commencing proceedings, the parties will attempt in good faith to resolve the dispute directly. Most issues are resolved faster by email than by escalation, and we would rather hear from you first.

16. Contact

Questions about these Terms: [email protected]