Brandscale FBA: Amazon Expansion Consultancy Services Terms & Conditions

1. Service Description

1.1 These Terms & Conditions ("Terms") govern your purchase and use of BrandScale FBA consultancy services ("Services") provided by Mack Developments Ltd, trading as BrandScale FBA ("we," "us," "our").

1.2 The Services covered by these Terms include:

1-2-1 Coaching — structured coaching sessions delivered via video call, in person, email, or a combination thereof, designed to help you grow and optimise your Amazon business.

Full Management Service — a hands-on, ongoing service where we manage and operate aspects of your Amazon business on your behalf, including strategy, listings, advertising, and operations.

1.3 The specific scope, deliverables, duration, and pricing for each engagement will be confirmed in a separate service agreement or proposal issued prior to commencement.

1.4 By purchasing or commencing a Service, you agree to be bound by these Terms. If you do not agree, do not proceed with the purchase.

2. Service Delivery

2.1 Services will be delivered via video call, in person, email, or asynchronous communication, as agreed between both parties.

2.2 Sessions will be scheduled by mutual agreement. You are responsible for attending or being available at the agreed time. Rescheduling requests must be made at least 24 hours in advance.

2.3 For the Full Management Service, we will agree on a scope of work, communication cadence, and reporting structure before commencement. Any changes to this scope must be agreed in writing.

2.4 Timelines and delivery schedules are estimates and may be affected by factors outside our reasonable control, including delays in receiving information, access, or approvals from you.

3. Client Responsibilities & Information Provision

3.1 To enable us to deliver the Services effectively, you agree to:

Provide accurate, complete, and timely information as reasonably requested

Grant appropriate access to Amazon Seller Central, advertising accounts, or other platforms as required

Respond to communications within a reasonable timeframe

Ensure all information shared is accurate and does not violate any confidentiality obligations or third-party rights

3.2 Delays in providing information or access will extend delivery timelines accordingly. We are not liable for delays caused by your failure to fulfil these responsibilities.

4. Payment & Pricing

4.1 Pricing for each Service will be confirmed in your service agreement or proposal prior to commencement.

4.2 Payment terms (including upfront payment, instalments, or recurring billing) will be set out in the individual service agreement.

4.3 All prices are in GBP (£) unless otherwise stated and include applicable VAT where required.

4.4 Late or failed payments may result in suspension of the Service until payment is received. We reserve the right to charge reasonable interest on overdue amounts.

5. Refund & Cancellation Policy

5.1 1-2-1 Coaching: Due to the time and preparation involved, sessions are non-refundable once delivered. If you cancel a session with less than 24 hours’ notice, the session will be forfeited.

5.2 Full Management Service: Cancellation terms will be set out in the individual service agreement. Where a minimum notice period applies, fees due during that notice period remain payable.

5.3 If we are unable to deliver the Service due to our own default, you will be entitled to a pro-rata refund for any undelivered portion.

5.4 If you experience issues with service delivery, contact us at [email protected] and we will work to resolve the matter in good faith.

6. Consultation Nature & No Guarantees

6.1 Our Services are consultative and operational in nature. We provide analysis, strategy, recommendations, and management support based on our expertise and the information available to us.

6.2 We make no representations, warranties, or guarantees regarding your future sales, revenue, profits, or the success of implementing our recommendations. Individual results vary significantly based on factors outside our control.

6.3 For the Full Management Service, while we will use reasonable skill and care in managing your Amazon business, we do not guarantee specific sales outcomes, ranking positions, or advertising performance.

6.4 Amazon’s algorithms, policies, and marketplace dynamics change frequently and unpredictably. Strategies that are effective at one time may become less effective due to factors entirely outside our control.

7. Not Professional Advice

7.1 Our Services do not constitute and should not be construed as financial, investment, legal, tax, or accounting advice.

7.2 You are strongly encouraged to seek appropriate professional advice from qualified advisors before making significant business or financial decisions.

8. Confidentiality

8.1 We treat all information about your business as confidential and will not disclose it to third parties except as required by law, with your express consent, or to trusted service providers bound by equivalent confidentiality obligations.

8.2 Any strategies, frameworks, and methodologies we share with you are confidential and for your use only. You may not share, publish, or distribute these to third parties without our written consent.

8.3 We may use anonymised, aggregate data from client engagements to improve our services and create general educational content, provided no specific client information is identifiable.

9. Intellectual Property

9.1 All frameworks, methodologies, reports, templates, and materials created or used by us in delivering the Services remain the intellectual property of Mack Developments Ltd.

9.2 You receive a limited, non-exclusive, non-transferable licence to use any materials provided for your own internal business purposes only. You may not resell, sublicence, or use our materials to provide similar services to others.

10. Limitation of Liability

10.1 To the maximum extent permitted by law, Mack Developments Ltd, its directors, officers, employees, and agents shall not be liable for any indirect, consequential, incidental, or punitive damages, including loss of profits, revenue, or business opportunities.

10.2 We are not responsible for Amazon account suspensions, policy violations, inventory losses, supplier issues, or any consequences arising from implementing our recommendations.

10.3 Our total aggregate liability to you shall not exceed the total fees paid by you for the specific Service giving rise to the claim.

10.4 Some jurisdictions do not allow certain limitations on liability. If applicable laws in your jurisdiction restrict these limitations, some provisions may not apply to you.

11. Indemnification

11.1 You agree to indemnify and hold harmless Mack Developments Ltd from and against any claims, liabilities, damages, and costs (including reasonable legal fees) arising from your use of the Services, your Amazon business activities, your provision of false or misleading information, or your violation of these Terms or any applicable laws.

12. Third-Party Tools & Services

12.1 We may recommend or use third-party tools, platforms, or services (e.g. Helium 10, Amazon Advertising, GoHighLevel). We do not endorse or guarantee any third-party product, and your use of such services is at your own risk.

12.2 Some recommendations may involve additional costs such as software subscriptions or advertising spend. You are responsible for evaluating and approving these costs.

12.3 Some third-party references may include affiliate links. This does not affect the recommendations made or any price you pay.

13. Amazon Policy Disclaimer

13.1 Our Services are not affiliated with, endorsed by, or sponsored by Amazon.com, Inc. or its affiliates.

13.2 You are solely responsible for ensuring compliance with all Amazon Seller policies, terms of service, and applicable laws. Our recommendations reflect best practices at the time of delivery but may become outdated as Amazon’s policies evolve.

14. Termination

14.1 Either party may terminate the Services in accordance with the notice provisions set out in the individual service agreement.

14.2 We reserve the right to terminate immediately without refund if you provide false or misleading information, engage in abusive or threatening behaviour, or materially breach these Terms.

14.3 Confidentiality and intellectual property obligations survive termination.

15. Privacy & Data Protection

15.1 Our collection and use of your personal and business information is governed by our Privacy Policy.

15.2 By purchasing a Service, you consent to us processing your data as described in our Privacy Policy and these Terms, in accordance with applicable data protection laws.

16. Communications

16.1 By purchasing a Service, you consent to receive service-related communications including session scheduling, reports, follow-ups, and educational content related to Amazon FBA. You may opt out of marketing communications at any time.

17. Governing Law & Dispute Resolution

17.1 These Terms are governed by and construed in accordance with the laws of England and Wales.

17.2 Before initiating formal legal proceedings, you agree to contact us at [email protected] to attempt to resolve any dispute informally within 30 days.

17.3 If informal resolution fails, disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

18. General Provisions

18.1 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force.

18.2 Entire Agreement: These Terms, together with our Privacy Policy and any service agreement or proposal, constitute the entire agreement between you and Mack Developments Ltd regarding the Services.

18.3 Modifications: We reserve the right to modify these Terms at any time. Material changes will be communicated via email where reasonably practicable.

18.4 Assignment: You may not assign your rights or obligations without our written consent. We may assign ours without restriction.

19. Contact Information

Company Name: Mack Developments Ltd

Trading As: BrandScale FBA

Company Number: 13767574

Registered Address: 21 Faulkeners Way, Trimley St Mary, Suffolk, UK, IP11 0FE

Email: [email protected]

20. Acceptance

By purchasing or commencing a Service, you acknowledge that:

You have read and understood these Terms & Conditions

You agree to be legally bound by these Terms

You understand this is a consultancy service with no guarantees of results

You are solely responsible for the decisions you make based on our advice or management

You will provide accurate and complete information throughout the engagement

You are at least 18 years of age and have the legal capacity to enter this agreement

© 2025 Mack Developments Ltd. All rights reserved.