Terms & Conditions
Social Media Management
Social Media Service Agreement
Available as a PDF Here
1.1. The company, partnership, or individual with whom the service contract has been agreed. In writing, by email, ticket or post. (the “Client”)
1.2. Social Media Service Agreement (the “Agreement”) is dated this as per the time / date of the clients’ reply accepting the agreement. Unless the clients’ reply specifically states a specific commencement date.
1.3. The acceptance of a project shall be deemed as a contractual agreement between the Client and Llamahouse Media Services LTD (the “Company”). By agreeing to these terms and conditions your statutory rights are not affected.
- Services Provided.
2.1. Any agreed specification (the “Specification”) will be in writing via email, ticket or post. And will describe the scope of the services to be provided. The rate at which the services are charged and the frequency they are charged. Any part of the service not described shall be subject to these terms and conditions.
2.2. Social Media Services – described in the Specification.
2.3. Other services described in the Specification, or order at the time of acceptance via email, ticket or post.
2.4. Agreed rate (the “Rate”) described in the Specification.
2.5. Any additional services, above or outside those described in the Specification. at the time of acceptance, will be negotiated separately or provided ad hoc at a rate TBC, the Company has a standard rate of £40 p/h.
2.6. Whilst the Company has a track record of achieving positive results, the Company does not warrant or guarantee improvements of any kind. Previous success should not be viewed as a guarantee for future success.
- Term of Agreement.
3.1. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.
4.1. The Company will charge the Client for the Services at the Rate agreed above (the “Payment”).
4.2. The Payment must be made in advance of the service commencement or within 7 days of the invoice issue date.
4.3. Where the Payment is late, it is still applicable, however the Company is NOT obligated to provide the Service for the period where the Payment was late.
4.4. All fees quoted are subject to review and adjustment by the Company at any time, you will however be provided 30 days’ notice prior to any increase in fees.
5.1. Except as otherwise provided in this Agreement, all monetary amounts referred to in the Agreement are in GBP (£).
- Non Payment.
6.1. In the event of non payment, partial payment or late payment where the Service has already been provisioned for that period, and by the conditions set in section 4. ‘Payment’. The Company may at it’s discretion apply a charge for administration costs, and interest on any Payment outstanding. Interest will be calculated at 2.5% per month, calculated weekly, compounded monthly.
6.2. Failure in applying late payment charges will constitute a waiver by the Company in its option to apply late payment charges.
6.3. If the Company does not receive the Payment within 60 days of the invoice issue date, the Company may pass the arrears on to a Debt Collection Agency. In the event of the involvement of a Debt Collection Company, all handling of the arrears will be by the Debt Collection Company.
- Termination of Agreement.
7.1. In the event that either Party wishes to terminate the Agreement, that Party will be required to provide 30 days’ written notice to the other Party, this can be provided via support ticket or email – only from a verified Client email address.
7.2. In the event that either Party breaches a material provision under the Agreement, the non-defaulting Party may terminate the Agreement immediately.
7.3. The Company reserves unto itself the right to withdraw the Service at its entire discretion, particularly in the event of any failure to pay. Upon such withdrawal of the Service, the Company shall be under no liability whatsoever to compensate the Client for any costs, losses or damages, howsoever arising, that the Client may incur or may have incurred.
8.1. As per 7.1, cancellation of the Service requires 30 days written notice from the Client.
8.2. Any outstanding charges for the notice period will be issued a final invoice at least 14 days in advance of the termination date. This invoice will be subject to the terms under section 4. ‘Payment’ and is payable within 7 days of the issue date.
8.3. The Service will continue up to the termination date unless the Client specifies a cease date prior to the termination date.
9.1. Confidential information (the “Confidential Information”) refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
9.2. The Company agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Company has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
9.3. All written and oral information and material disclosed or provided by the Client to the Company under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Company.
9.4. The Company’s registered DPO is Mr Tony Lancaster, contactable via email@example.com. Or via 01623 272701 strictly during business hours.
- Copyright / Intellectual Property.
10.1. All intellectual property and related material (the “Intellectual Property”) that is developed or produced under this Agreement, will be the property of the Company. The Client is granted a non-exclusive limited-use licence of this Intellectual Property.
10.2. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Company, unless agreed otherwise and specified in writing at the time of Acceptance.
10.3. The Company maintains the right to demonstrate previous work carried out on behalf of the Client for future use.
10.4. Where the Client provides material; The Client shall indemnify and save harmless the Company against any claims that may arise out of the content or nature of the material stored upon any computer or server or which may be prohibited or protected by laws of any country relating to copyright, confidentiality or intellectual property.
10.5. The Company, where possible, may use royalty free or public domain images when providing content for the Clients’ social media accounts or the Clients’ website. Where this content is approved by the Client; any conflict arising from the use of such content will remain the full responsibility of the Client. Any cease-and-desist orders will be complied with, and any conflicting content will be removed by the Company.
10.6. If the Client wishes to use images from a royalty free content source where a cost is incurred in purchasing the content license, the Company will charge at the rate of the source + 30%.
- Third Party Services.
11.1. Where the Company uses a third-party service in the provision of the Service, the Company shall not be held responsible for the quality, performance or availability of the third-party service.
11.2. Third party services may include, but not limited to, social media post schedulers, analytics software such as those provided by Google.
11.3. Should the Client request the use of any third party services, it is the Clients’ responsibility to read and understand the terms and conditions set up by the third-party service.
- No Exclusivity.
12.1. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
13.1. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing via email, post or helpdesk/support ticket or to such other address as either Party may from time to time notify the other.
14.1. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
- Modification of Agreement.
15.1. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.
- Entire Agreement.
16.1. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement or the Specification..
17.1. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
- Governing Law.
18.1. This Agreement will be governed by and construed in accordance with the laws of England.
19.1. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
20.1. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.