Terms and conditions

This Service Agreement (“Agreement”) is entered into between Ursula Tello trading as Social Spark Digital (“Service Provider”) and the Client (together, the “Parties”).

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By commissioning services, or by paying any invoice issued by the Service Provider, the Client agrees to be bound by these Terms and Conditions in relation to the social media management and content creation packages selected.

 

1. Services covered (Reference to proposal)

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The Service Provider agrees to perform the services and deliver the outcomes detailed in the accompanying proposal. This includes, but is not limited to, social media management and content creation.

Any services not explicitly listed in the Client's selected package within the proposal are outside the scope of this Agreement and may be subject to additional charges.

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2. Project/Service Timeline

 

Any specific content delivery timelines provided in the proposal are estimates. The Service Provider will make every reasonable effort to adhere to the agreed-upon schedule. However, the timeline is contingent upon the timely provision of necessary information, existing content, access, and feedback from the Client. Delays caused by the Client may result in adjustments to the schedule.

 

3. Payment Terms

 

The total cost for the Client's selected package is detailed in the proposal.

• Payments: Invoices are sent on the last working day of the month. Payments are due within 3 calendar days of the invoice date.

• Late Payments: A late payment fee of 10% per day or part thereof may be applied to overdue balances. Work may be suspended if payments are not received as per the agreed schedule.

 

4. Client Responsibilities

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The Client agrees to provide the Service Provider with all necessary information, existing content, access to relevant social media platforms, and timely feedback required for the provision of the service. Delays in providing these elements may impact the service delivery schedule. The Client is responsible for the accuracy and legality of all content, branding guidelines, and account access provided to the Service Provider.

 

5. Revisions

 

Content creation deliverables are created and scheduled monthly. After the content calendar is shared with the Client, the Client will be entitled to two (2) rounds of reasonable revisions.

Additional revisions beyond the included rounds, or revisions requested after content has been formally approved and scheduled, may be subject to additional charges at the Service Provider's standard hourly rate.

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6. Intellectual Property

 

Upon full and final payment of all fees due under this Agreement, the Client will own the intellectual property rights to the final social media content (visuals, copy, and videos) created specifically for this project by the Service Provider. The Service Provider retains the right to display the completed work in their portfolio for promotional purposes. The Client is responsible for obtaining all necessary licenses and permissions for any third-party content, if any, (e.g., stock photos, music) they wish the Service Provider to use.

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7. Confidentiality

 

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of this service. This includes, but is not limited to, business strategies, social media performance data, client lists, and unreleased content plans.

 

8. Limitation of Liability

 

The Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business interruption, arising out of or in connection with this Agreement. The Service Provider's total liability under this Agreement shall not exceed the total fees paid by the Client for the services rendered.

 

9. Termination

 

a. Termination for Convenience: Either party may terminate this Agreement at any time by providing the other party with 60 calendar days' written notice. During this notice period:

• The Agreement remains in full effect, and both parties shall continue to perform their respective obligations.

• Work will continue as scheduled unless otherwise agreed in writing.

• The Client remains liable for all fees incurred for work performed up to the final date of the notice period.

• Final billing will be calculated proportionally based on the number of days worked within the final billing cycle to ensure all 60 days of the notice period are paid in full.

 

b. Termination for Cause (Breach): If either party materially breaches any term of this Agreement, the non-breaching party must provide written notice of the breach. The breaching party shall have 4 calendar days to remedy such breach. If the breach is not remedied within that period, the Agreement will terminate immediately. In such event, the breaching party agrees to pay for all work completed up to the date of termination, calculated at the hourly rate of £70.

 

10. Governing Law

 

This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

11. Acceptance

 

By engaging the services of Social Spark Digital, the Client acknowledges that they have read, understood, and agree to be bound by the terms and conditions set forth in this Agreement.

The commencement of any project, the provision of instructions for work, or the payment of any invoice shall be deemed as formal acceptance of these terms. This Agreement shall take effect immediately upon such engagement, regardless of whether a physical or digital signature has been provided.