T&C
1. Definitions
“Agency” refers to Mojo, its employees, contractors, and representatives.
“Client” refers to the company, organization, or individual engaging the Agency for services.
“Services” means any social media marketing, content creation, paid advertising, or consulting work performed by the Agency.
“Agreement” means the signed contract or acceptance of a proposal referencing these Terms & Conditions.
2. Scope of Services
The Agency will provide services as described in the signed proposal, quotation, or service agreement.
Any additional work outside the agreed scope will be subject to a new quotation and written approval by the Client.
3. Payment Terms
All fees are payable in advance unless otherwise stated.
Payments are non-refundable once work has commenced.
Late payments beyond [7/14] days may incur a [5%] late fee per week and suspension of services.
Ad spend for paid campaigns is the Client’s responsibility and is not included in the Agency’s service fee.
The Agency is not responsible for ad platform billing issues or rejected payments.
4. Intellectual Property & Ownership
All creative materials (graphics, videos, captions, strategies) remain the property of the Agency until full payment is received.
Upon full payment, ownership of final deliverables transfers to the Client.
The Agency retains ownership of its pre-existing materials, templates, systems, and know-how used in the process.
The Client grants the Agency permission to display completed work or campaign results in its portfolio, website, or case studies, unless agreed otherwise in writing.
5. Client Responsibilities
The Client agrees to:
Provide accurate information, branding assets, and access to social media accounts in a timely manner.
Approve or provide feedback on content within agreed timeframes.
Ensure that all materials supplied to the Agency (e.g., logos, images, slogans, videos, and audio) do not infringe on third-party rights.
Maintain compliance with all applicable laws related to their products, services, and advertising content.
The Agency is not responsible for delays or performance issues resulting from the Client’s failure to meet these obligations.
6. Representation & Content Responsibility
The Client acknowledges that all data, content, and media (including text, images, video, and audio) featuring individuals, employees, contractors, or any representatives of the Client are provided with the necessary permissions and consent for marketing and publication purposes.
The Client bears full responsibility for obtaining written or verbal consent from any person appearing or being referenced in marketing content.
The Agency shall not be liable for any disputes, claims, or complaints made by any person or entity (including current or former employees, contractors, or affiliates of the Client) regarding the use of their likeness, voice, image, or data in any social media posts, advertisements, or promotional materials created by the Agency on behalf of the Client.
The Client agrees to indemnify and hold harmless the Agency from any legal action, loss, or damage arising out of such disputes.
7. Performance Disclaimer
The Agency will use best efforts and industry standards but cannot guarantee specific results, such as increased sales, followers, or engagement.
Marketing results depend on multiple external factors beyond the Agency’s control, including market conditions, algorithm changes, and client responsiveness.
8. Confidentiality
Both parties agree to maintain strict confidentiality regarding any business, marketing, or proprietary information exchanged during the engagement.
This obligation survives termination of the Agreement.
9. Term and Termination
Either party may terminate the Agreement with [30 days] written notice.
Fees already paid are non-refundable, and outstanding invoices remain payable.
If the Client terminates early, any partially completed work will be billed proportionally.
The Agency may terminate immediately for non-payment, breach of terms, or unethical requests.
10. Limitation of Liability
The Agency’s total liability for any claim shall not exceed the total amount paid by the Client under this Agreement.
The Agency is not liable for:
Loss of profits or indirect damages,
Platform outages, algorithm changes, or third-party errors,
Suspension or banning of client accounts due to violations of platform policies,
Content disputes or data breaches arising from Client-provided materials.
11. Indemnification
The Client agrees to indemnify and hold harmless the Agency from any claims, damages, or legal expenses arising from:
The Client’s use of materials supplied,
Misleading or illegal advertising content, or
Violation of any third-party rights, including disputes related to human representation in content.
12. Non-Solicitation
The Client agrees not to hire, contract, or solicit the Agency’s employees, freelancers, or contractors for a period of 12 months following termination of this Agreement.
13. Force Majeure
The Agency shall not be liable for failure to perform its obligations due to circumstances beyond its control, including natural disasters, internet outages, government restrictions, or platform disruptions.
14. Dispute Resolution
This Agreement shall be governed by the laws of the UK Government].
In the event of a dispute, both parties agree to attempt mediation before pursuing legal action.
The venue for any legal proceedings shall be London.
15. Amendments
Any changes or additions to these Terms & Conditions must be made in writing and signed by both parties.
16. Entire Agreement
These Terms & Conditions, along with any signed proposal or service agreement, constitute the entire agreement between the Agency and the Client and supersede any prior discussions or representations.
17. Portfolio Use Clause:
The Client grants permission for the Agency to use campaign results and visuals for promotional or portfolio purposes.
Auto-Renewal Clause: “Unless cancelled with 30 days’ notice, the Agreement renews automatically on a month-to-month basis.”