Social Media Manager For The Day Ts&Cs

1. Application

1.1 These Terms and Conditions shall apply to the provision of the social media consultative services in the form one hour session (“Services”) by The Social Brain Limited a company registered in England and Wales under number 11783693 whose registered office is at 3a Thames Enterprise Centre, Princess Margaret Road, East Tilbury, Essex, England, RM18 8RH (“Consultant”) to you (“Client”) and to the payment of this invoice.  No other terms and conditions shall apply to the provision of Services or to this invoice unless agreed upon in writing between the Consultant and the Client.

2. Interpretation

2.1 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.

2.2 Words imparting the singular number shall include the plural and vice-versa.

3. Fees

3.1 The fees (“Fees”) for the Services are £1,200.

3.2 The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

4. Payment

4.1 The Client shall pay the Fees due prior to the planned Services date.

4.2 Time for payment is of the essence of the contract between the Consultant and the Client.

4.3 If the Client fails to make payment within the period in sub-Clause 4.1, the Consultant shall have the right to suspend the provision of the Services until payment is received in full.

4.4 Receipts for payment will be issued by the Consultant only at the Client’s request.

4.5 All payments must be made in Great British Pounds unless otherwise agreed in writing between the Consultant and the Client.

5. The Service

5.1 The Consultant shall provide 1 (ONE) day of social media strategy and content creation.

5.2 The Consultant will create 8-12 weeks, consisting of 3 posts per week, of social media content created from the information provided by the Client and the agreed strategy.

5.3 The Consultant will use Planable or similar, to create and share content with the Client for approval.

6. Client Obligations

6.1 The Client shall attend the scheduled meetings at the time scheduled.

6.2 The Client shall provide facts, images and other information required to enable the Consultant to create relative content.

6.3 The Client shall agree content within the timeframe set. A delay in receipt of the Client agreement will result in a delay in content posting.

Liability and Indemnity

5.1 The Consultant will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under these Terms and Conditions, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Consultant’s employees, agents or otherwise) in connection with its provision of the Services or the performance of any of its other obligations under these Terms and Conditions or with the use by the Client of the Services supplied.

5.2 The Consultant shall not be liable to the Client or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Consultant’s obligations if such delay or failure is due to any cause beyond the Consultant’s reasonable control.

5.3 The Client shall indemnify the Consultant against all damages, costs, claims and expenses suffered by the Consultant arising from any loss or damage to any equipment (including that belonging to third parties) caused by the Client or its agents or employees.

5.4 Nothing in these Terms and Conditions shall limit or exclude the Consultant’s liability for death or personal injury caused by its negligence or for any other matters for which it would be unlawful to exclude or limit liability.

6. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party.  Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

7. Confidentiality

Each Party undertakes that, except as authorised in writing by the other Party, it shall, at all times:

• keep confidential all Confidential Information;
• not disclose any Confidential Information to any other party;
• not use any Confidential Information for any purpose other than as contemplated by and subject to the terms of the Agreement;
• not make any copies of, record in any way or part with possession of any Confidential Information; and
• ensure that none of its directors, officers, employees, agents, sub-contractors or advisers does any act which, if done by that Party, would be a breach of this term.

8. Intellectual Property

8.1 All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations, and rights in any patent, copyright, trade mark, trade dress, industrial design, and trade name (the “Intellectual Property”) that is developed or produced during the services, will be the sole property of the client.

8.2 The use of the Intellectual Property by the client will not be restricted in any manner.

9. No Waiver

9.1 No waiver by the Consultant of any breach of these Terms and Conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.

9.2 No failure or delay on the part of either the Consultant or the Client to exercise any right, power or privilege under these Terms and Conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude, any other or further exercise of any other right, power or privilege.

10. Severance

In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).

11. Data Protection

The Consultant will only use the Client’s personal information as set out in the Consultant’s Privacy Notice available from the website.

12. Law and Jurisdiction

12.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

12.2 Any dispute, controversy, proceedings or claim between the Consultant and the Client relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.