OK, you’re likely reading this because you’re about to sign up to work with us (Wahey!), but here’s for the boring stuff that we legally need to say, just to make sure we all know what we’re responsible for etc, and to protect both you and us if anything goes awry, though that’s humongous unlikely 🙂 Usually when people are faced with terms and conditions, they feel a bit like these fellas, but we’ve kept it as simples as possible.
Please read the following terms carefully before signing up to become a client of Social Reap (owned by Wet Fish Marketing). All users and clients are subject to the following terms and conditions and any other applicable laws. If you do not agree to these conditions, please do not sign up to Social Reap.
By working with Social Reap you (the client) agree to all of the terms and conditions as set out in this document. The client should understand these conditions before submitting an order with Social Reap. If you do not accept these conditions, you may not enter into a working relationship with Social Reap. 🙁
1. As a social media management and marketing client, the client grants permission for Social Reap to access and manage all agreed social media profiles on behalf of the client, including but not limited to Facebook, Google+, YouTube, Pinterest, Twitter, Google Analytics, WordPress, Facebook Ads and MySpace. The client also grants permission to Social Reap to publicize their social media profiles to web directories and search engines where applicable, and other content production tasks.
2. The Client shall supply Social Reap with all the required information for the successful execution of the management/campaign; including images, content, data, and a legally usable email list (where relevant) within (30) days following the execution of this agreement.
2.1 Additional services required by phone or email by the client beyond those detailed in the initial project description/agreement are subject to these terms and conditions, and will be invoiced for at the end of the current invoice period at the hourly rate agreed upon, unless otherwise agreed upon.
3. The client shall provide Social Reap with written notice of termination of this agreement at least two weeks prior to the cessation of work, unless the cessation of work is due to unacceptable standards of work by Social Reap.
4. Except where compelled by law, Social Reap agrees to maintain all non-public information obtained in connection with this agreement in confidence and not to disclose the same to any person or entity.
5. Social Reap reserves the right to cease working with the client immediately if the client should engage in unprofessional conduct with Social Reap or any of it’s team members or subcontractors. This includes but is not limited to profanity, discrimination, harassment, libel, blackmail or threats of slander, direct solicitation of its employees or unethical practice.
6. The Client acknowledges that this agreement provides no guarantee with regard to the success, derived benefits, response to posts, audience numbers, profits, generated users, or visitor numbers during the duration of, or beyond, this agreement. Social Reap is not responsible for any damages, loss of profits, deletion of files or databases, damage to reputation, termination/suspension (or warning of the same) of any relevant online accounts during the duration of or beyond this agreement.
7. Social Reap cannot be held liable for any damages caused by security loopholes such as usernames and passwords, malicious software, hacking, denial of service attacks, or any other malicious attacks. Social Reap is not responsible for third party theft of intellectual property of sensitive data such as credit card information or any resulting damages. Any work required to repair damages, or security loopholes is not the responsibility of Social Reap.
8. Social Reap cannot be held liable for any damages resulting from spelling mistakes, poor grammar, sentence structure, paragraph structure, legibility, literary logic, or any other issue caused by the way content is written or published. Nor can Social Reap be held responsible for any damages arising from what may be deemed offensive images, poor quality images, lack of images, excessive images or any other issue arising from image-related problems.
9. In no event shall Social Reap be held responsible or be liable to the client or any third party for damages, including any lost profits, lost savings, or other incidental, consequential or special damages arising out of the agreed upon operations, unless cause by willful recklessness.
10. If any provision of this agreement shall be unlawful, void, or unenforceable, that provision shall be deemed severable from this agreement and will not affect the validity of the remaining provisions.
11. This agreement shall be construed and enforced in accordance with the laws of the United Kingdom of Great Britain.
12. The client unconditionally guarantees that any elements of text, photos, graphics, trademarks, designs or other artworks provided or furnished to Social Reap for inclusion in Social Media pages and updates are owned by the Client, or that the Client has full permission from the rightful owner to use these elements, and will defend and hold harmless Social Reap for any suit/claim arising from the use of such elements.
13. Social Reap may have entered a contract for services prior to or in conjunction with the Client’s acceptance of these Terms and Conditions. These Terms and Conditions shall be read and interpreted along with any such contract entered into between the Client and Social Reap. If any conflict arises between terms, the terms and conditions of this set of Terms and Conditions shall hold.
14. If there is a dispute about charges the Client shall notify Social Reap within (10) days of receiving the invoice. If at any time payments are in arrears for more than (30) days, Social Reap reserves the right to discontinue all services without notice. Following this (30) days, an interest rate of 2% per month (24% per annum) can be applied to all amounts owed.
15. The Client agrees to pay Social Reap according to the terms agreed prior to the commencement of this agreement (for example, on Elance). If the agreement states that payment is to be made in advance (when signing up to Social Reap directly through their website), no work will commence until payment has been received for the forthcoming period.
16. Payments shall be made to Social Reap either via Upwork, cash, direct bank transfer or Paypal. Social Reap will not accept Cheques for services. The client may request to pay with an alternative method prior to the invoice due date.
17. All paragraphs in this agreement shall survive the termination of this agreement.