These terms and conditions of use (“Terms and Conditions”) are a legal agreement between the person or entity who is purchasing or using the Social Buzzing service (“You”, “Your”, or “Customer(s)”) and Social Buzzing Ltd (“Social Buzzing”, “Us”, or “We”).
By clicking the acceptance button or by using the Service in any way You are agreeing to be bound by each and every one of these Terms and Conditions without exception. In addition, access and use by You of the Social Buzzing website also constitutes your acceptance of each and every one of these Terms and Conditions without exception. This takes effect from the date on which you first use this website.
1. Fees, Payments and Taxes.
The fees for purchase or use of the Service are those fees that You agreed to pay during the order process (“Fees”). The Fees will be billed to Your credit card or bank account that You provided during the order process. You hereby authorise Social Buzzing (or its designee) to charge the applicable Fees to Your credit card or bank account on a recurring basis. This will be determining by the Billing Cycle that you select: either once per month for the Monthly Plan or once per year for the Annual Plan. Social Buzzing may offer to set-up up to fours / five social media pages for You free of charge. This is subject to You paying a minimum of 3-months of Fees; if You terminate this agreement before you have paid 3-months of Fees a £99 plus VAT set-up Fee will apply and be charged to your credit card. You are responsible for all sales, excise, VAT and all other taxes associated with Your use of the Service. Social Buzzing may increase the Fees (and bill Your credit card or bank account for such increased Fees) at any time and from time to time upon thirty (30) days prior notice to the Customer. Any Fee increases will become effective at the beginning of the next month or year, as defined by the Billing Cycle chosen (either next month for the Monthly Plan or next year for the Annual Plan), as long as You do not opt to terminate the agreement.
These Terms and Conditions shall become effective upon Your agreement to the provisions hereof by clicking a box indicating Your acceptance or by executing an order form that references these Terms and Conditions and shall remain effective until terminated. We will start Your campaign with the information sent to Us, if specific log in details are not provided (without prior contact for creation) we will being posting on these profiles.
Either party may terminate this agreement at any time for any reason by providing written notice to the other party, but not before the minimum term of 3 months (2 months and then a month’s notice) as outlined in the proposal and the client briefing form. Customer’s notice of termination must be provided via email to email@example.com or firstname.lastname@example.org . Verbal requests to terminate do not constitute acceptance of any termination.
In the event of termination, the Customer will continue to receive and pay for Service until the end of the current Billing Cycle / the customer will agree to abide by our terms of 30 days notice from the date of your next invoice. After notification of Your termination has been received by Us, if you do not cancel the billing cycle it will be deemed you wish to still utilise our service and we will continue. No unused portion of the Service paid for will be refunded to the Customer. Alternatively any work which the client has not paid for or the invoice is outstanding will be deleted or ownership taken if not paid on termination.
5. Ownership of Digital Media.
Ownership of all Digital Media created by Social Buzzing on behalf of the Customer is only passed to the Customer upon full payment of all outstanding monies owed. Digital Media includes but is not limited to: social media accounts, profiles, pages, posts, tweets, blogs, blog posts, websites & graphic design elements. Imagery provided via photo image libraries remains the property of the copyright holder and is licensed to the Customer under the licensing terms and conditions specified by the respective photo image library. Customers may not reuse or resell said photos and/or images for other purposes.
6. Availability of Service.
Social Buzzing will post as standard Monday – Friday on your social media pages. Posting on Saturday and Sunday is a service we provide, but will incur an additional cost and will need to be discussed with Vanessa or Deborah.
Social Buzzing hours of operation are Monday through Friday 9am-5pm. We are closed on public and national holidays. Customers who email Us with their own updates that they require Us to publish to their social media accounts will be processed by the end of the business day following receipt.
7. Relationship of Parties.
In performing any and/or all of our respective obligations under this agreement, Social Buzzing and Customer shall each operate as and have the status of being an independent contractor of the other party, and neither party shall act as or be an agent or employee of the other party.
Clients are forbidden from contacting staff to use their services outside of Social Buzzing for a period of 12 months from the last day of their notice period. Any client found trying to solicit our staff for use of their services outside of Social Buzzing are liable for charges relating to the use of our staff equal to what they were paying per month and possible legal action.
Customer will defend, indemnify and hold harmless Social Buzzing and its subsidiaries, licensors and affiliates (and their respective officers, directors, employees and agents) against any and all claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs and other expenses (including reasonable solictitor’s fees and costs) arising from or relating to use of the Service.
9. Disclaimer of Warranties.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, THE SERVICE AND ANY ADVICE, SUPPORT OR SUGGESTIONS ARE ALL PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE AND ANY WARRANTY OF ERROR FREE APPLICATION OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SOCIAL BUZZING DOES NOT WARRANT THE USE, RESULTS OR PERFORMANCE OF THE SERVICE, THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SERVER THAT MAKES THE SERVICE AVAILABLE, IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability.
NEITHER SOCIAL BUZZING NOR ANY PERSON OR ENTITY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OPERATION OR SUPPORT OF THE SERVICE SHALL BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, PRODUCT LIABILITY OR OTHER CAUSE OF ACTION) TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS REVENUE OR PROFITS, BUSINESS INTERRUPTION FOR ANY REASON, LOSS OF BUSINESS INFORMATION OR DATA, INJURY TO REPUTATION, PERSONAL INJURY (WHETHER PHYSICAL OR MENTAL OR BOTH), GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR VIOLATION OF ANY APPLICABLE PRIVACY LAWS ARISING OUT OF (I) THE USE, MISUSE, OR INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (III) UNAUTHORISED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; (V) TERMINATION OF ANY OF CUSTOMER’S SOCIAL MEDIA ACCOUNTS; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE OR USE THEREOF, EVEN IF CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SOCIAL BUZZING’S ENTIRE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO SOCIAL BUZZING UNDER THESE TERMS AND CONDITIONS DURING A SINGLE BILLING CYCLE.
11.1. Governing Law.
These Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales.
Any dispute arising out of or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction and venue of the courts of England and Wales without exception.
In the event that any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor.
11.4 Entire Agreement.
Social Buzzing reserves the right at any time to modify these Terms and Conditions and to impose new or additional terms or conditions on Your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms and Conditions. Customer’s continued use of the Service will be deemed acceptance thereof.
The provisions of these Terms and Conditions shall be interpreted and construed in accordance with their fair meanings, and not strictly for or against any party, regardless of which party may have drafted these Terms and Conditions or any specific provision of these Terms and Conditions.
The waiver of any provision of these Terms and Conditions shall not be effective unless in writing and signed by the party against which it is sought to be enforced. The failure of any party to insist, in any one or more instances, upon performance of any of these Terms or Conditions shall not be construed as a waiver of future performance of any terms, covenants or conditions of this agreement, and the obligations of each party with respect thereto shall continue in full force and effect.
11.7 Assignment; Binding Nature.
These Terms and Conditions shall be binding upon the parties and their successors and permitted assigns. Customer may not assign this agreement, or any portion thereof to any third party without Social Buzzing express prior written consent. Social Buzzing may assign this agreement and all of its rights and obligations here under to any affiliate or to any successor to Social Buzzings business.
11.8 Export Compliance.
The Service and any other technology and derivatives thereof may be subject to export laws and regulations of Endland and Wales and other jurisdictions. Each party represents that it is not named on any government denied-party list. Customer shall not permit use of the Service in an embargoed country or in violation of any export law or regulation.