TERMS & CONDITIONS
The following terms and conditions apply to all social media services provided by SocialToni to the Client.
1. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
2. Services
SocialToni will provide the following services for Client: social media posts planning & posting, social media post content production and social media account monitoring/management.
3. Charges and payment
Charges for services to be provided by SocialToni are defined in the project quotation/proposal that the Client receives via e-mail. Quotations/proposals are valid for a period of thirty (30) days. SocialToni reserves the right to alter or decline to provide a quotation after the expiry of the thirty (30) days.
Payment for services is due by EFT on receipt of the invoice.
4. Turnaround Time and Content Control
SocialToni will install and publicly post or on Client’s social media channels by the date specified in the project proposal, or at the date agreed with Client upon SocialToni receiving initial payment unless a delay is specifically requested by the Client and agreed by SocialToni.
In return, the Client agrees to delegate a single individual as a primary contact to aid SocialToni with progressing the commission in a satisfactory and expedient manner.
During the project SocialToni will require the Client to provide content; text, images, video and sound files if required.
5. Failure to provide required content
SocialToni is a small business, to remain efficient we must ensure that the work we have programmed is carried out at the scheduled time.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your social media channels because we have not been given the required information in the agreed time frame and we are delayed as a result, we reserve the right to impose a surcharge of up to twenty-five percent (25%).
If you agree to provide us with the required information and subsequently fail to do within two (2) weeks of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go-ahead to start until you are ready to do so.
7. Additional Expenses
The client agrees to reimburse SocialToni for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
8. Default
Invoices unpaid thirty (30) days after the date of invoice will be considered in default. SocialToni reserves the right to stop and remove services. SocialToni is not responsible for any loss of data incurred due to the removal of the services. Removal does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay SocialToni reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by SocialToni in enforcing these Terms and Conditions.
9. Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
11. Indemnity
SocialToni services may be used for lawful purposes only. You agree to indemnify and hold SocialToni harmless from any claims resulting from your use of our service that damages you or any other party.
12. Intellectual Property and Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants SocialToni the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting SocialToni permission and rights for use of the same and agrees to indemnify and hold harmless SocialToni from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
All existing and future intellectual property developed and used by SocialToni for the provision of the services remains vested in SocialToni. Client acknowledges and agrees that the SocialToni intellectual property and its corresponding rights is owned by SocialToni
13. Post-Placement Alterations
SocialToni cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
14. General
These terms and conditions supersede all previous representations, understandings or agreements. The Client’s payment of an invoice issued by SocialToni for the services constitutes agreement to and acceptance of these Terms and Conditions and constitutes an Agreement.
Updates to these terms and conditions shall be published on SocialToni’s website, and SocialToni shall inform the Client of these updates via email.
15. Governing Law
This Agreement is governed by the Laws of South Africa.
16. Data protection
Each party shall comply with applicable laws and regulations concerning data privacy and data protection.
17. Liability
SocialToni hereby excludes itself, its employees and/or agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of SocialToni to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
18. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone.