Social Media - Terms and Conditions

  • FINANCIAL TERMS
    • Please note that all amounts quoted are excluding VAT.
    • All fees are payable in advance, unless stated otherwise.
    • The client agrees to pay the initial setup fee in full before Starbright begins the setup of the client’s Social Media PPC account(s). 
    • Starbright will send monthly invoices to the client between the 25th & 30th of each month.
    • The client agrees to make payments before the 5th of the forthcoming month.
    • Should the client’s payment not reflect in Starbright’s account by the 7th, the client’s campaign will be paused.
    • Starbright reserves the right to amend the PPC budgets at any time. The client will be informed of any budget changes 30 days prior to change.
    • The client agrees to notify Starbright if they wish to suspend or cancel the management of Social Media account(s) / campaign(s). Starbright will first book a meeting with the client to discuss requirements, feedback, or concerns. Should the client still wish to suspend or cancel Social Media account(s) / campaign(s), a 30-day written cancellation notice must be adhered to.
    • All cancellation requests to be sent to cancel@starbright.co.za.
    • Upon cancellation requests, all amounts owed to Starbright must be paid in full. Any outstanding amounts must be paid to the company within 7 (seven) business days of cancellation.
    • Starbright reserves the right to engage a debt collector at the client’s expense, should any invoices remain unpaid 60 days+ after cancellation.
       
  • SOCIAL MEDIA SPECIFIC TERMS & CONDITIONS
    • This is not a fixed-term Agreement with Starbright, however whilst Starbright is managing your Social Media account the following terms and conditions apply:
      • By entering this Agreement, the client gives Starbright permission to access the client’s Social Media account for the purposes of optimisation and management of their online marketing strategy.
      • Starbright will endeavour to set up the client’s Social Media accounts as soon as possible, however in some cases it may take up to 5-7 days to complete set up of the client’s new account.
      • If Starbright requires more information from the client in order to set up a new or modify an existing account, Starbright will not be held responsible for any delay arising from waiting for this information.
      • This Agreement will run on a month to month basis. This allows Starbright to finalise strategies as discussed with the client, and to ensure that the client’s account is not affected negatively by incomplete optimisation techniques.
      • All work carried out by Starbright in the Client’s Social Media Advert Account will remain the Intellectual Property of Starbright throughout the lifetime of the contract, and will remain the Intellectual Property of Starbright following termination of the contract.
        • The client agrees that all Intellectual Property owned by Starbright will be removed following termination of the contract; and the client will not be given access to the Social Media Advert Account that contains Starbright’s Intellectual Property.
        • Failing the removal of Intellectual Property mentioned above will result in the client paying Starbright for every month that Starbright’s Intellectual Property remains live within the Social Media account owned by the client.
      • With regards to general Intellectual Property of the Social Media service offering:
        • all Intellectual Property belonging to either of the parties shall remain the Property of such party and the other party will not acquire any right, title or interest in and to such Intellectual Property;
        • each Party agrees that it shall not reverse assemble, decompile, reverse engineer or otherwise attempt to derive source code (or the underlying ideas, algorithms, structure or organisation) from such Intellectual Property, except as specifically authorised in writing by the party owning such Property or as specifically provided in terms of this Agreement;
        • neither party shall in any manner alter, remove or affect the display of the respective Intellectual Property rights notices (and disclaimers) of the other party and/or their vendors and licensors without the prior written approval of the other party, and their vendors or licensors where applicable;
        • neither Party may use the other party's Intellectual Property, trade names, logos or any derivative or component thereof without the prior written approval of the other party; and
      • Starbright will endeavour to help the client obtain optimal online advertising goals by providing the client with advice, information and technical services in relation to social media advertising.
        • Unless specifically stated otherwise, Starbright does not guarantee any particular rate of return or performance of any online advertising/marketing on Social Media. The client is aware of the fact that certain packages stated and / or selected by the client do not provide immediate results. Starbright cannot be held responsible for commercial outcomes which are associated with the internet marketing or management of the client’s Social Media account(s).
      • Starbright is providing an internet marketing service at a competitive price. Starbright is not insuring or underwriting the client’s chosen business model. The client acknowledges that internet services are inherently subject to technical failures and disruptions from time to time.
      • The client may amend their Social Media advertising budgets as needed at any time. Management fees however may not be amended unless agreed upon by both the client and Starbright. This excludes annual increases.
      • Starbright will not be held liable in any way for fines, penalties, taxes, exemplary / aggravated / punitive damages, liquidated damages, indirect/consequential losses (including loss of contract, loss of production, loss of revenue, loss of profit, lost opportunity costs, and/or other loss not arising naturally and directly according to the usual course of things) or legal costs and expenses (except reasonable legal costs awarded by a court) arising from the subject matter of this Agreement.
      • By agreeing to these Terms and Conditions, the client also allows Starbright to refer to the client’s business name/s and logo/s in the Starbright’s promotional material. This may include but is not limited to a display on the client’s website, promotional banners and pamphlets.
      • These Terms and Conditions can be modified at any time by the client and by the company, should both parties agree to these modifications in writing.
  • NON-DISCLOSURE TERMS
    • Starbright agrees to adhere to copyright law when building the client’s Social Media campaigns.
      • Neither party will without the other’s prior written consent use (whether for its own commercial purposes or otherwise) make or procure any disclosure of:
        • any business or trade secrets or other information concerning the products, processes, methodologies, frameworks, models, manuals, software, discs, reports, research, working notes, papers, architectural drawings and techniques, the identity and business of customers, business accounts, finance, contractual arrangements or other dealings;
        • transactions or affairs of the other or of any subsidiaries as defined in the Companies Act No. 71 of 2008 which may (before or after the date of this Agreement) be provided by that other party or otherwise received, directly or indirectly, in the course of this Agreement.
    • All fees, services, documents, recommendations, and reports shall be treated in a confidential manner.
      • Neither party will without the other’s prior written consent use (whether for its own commercial purposes or otherwise) make or procure any disclosure of:
        • any business or trade secrets or other information concerning the products, processes, methodologies, frameworks, models, manuals, software, discs, reports, research, working notes, papers, architectural drawings and techniques, the identity and business of customers, business accounts, finance, contractual arrangements or other dealings;
        • transactions or affairs of the other or of any subsidiaries as defined in the Companies Act No. 71 of 2008 which may (before or after the date of this Agreement) be provided by that other party or otherwise received, directly or indirectly, in the course of this Agreement.
    • Starbright has no control over the policies of the different Social Media platforms and their advertising platforms, with respect to the type of content that may/may not be posted and used in paid advertising.
    • Certain social media content, such as check-ins and reviews, cannot be removed from Business Pages. Starbright takes no responsibility for negative feedback on your social media pages, however, we will help with reputation management to the best of our ability.
       
  • CONTENT SPECIFIC TERMS AND CONDITIONS
    • No content will be posted to the client’s website/online prior to approval by the client unless stated otherwise.
    • Starbright will not be held responsible for any incorrect information published once the content has been approved
    • Starbright will not be held responsible should content not be posted in time due to a delay in the approval process from the client.
    • The client will be given the opportunity to recommend or approve article topics before the writing process begins.
    • Content will not be re-written more than once after first approval.

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