Digital Marketing- Terms & Conditions
Terms and Conditions for Kakic Universe Social Media Services
These Terms and Conditions (“Agreement”) govern the provision of social media content creation and management services (“Services”) by Kakic Universe (“we,” “us,” or “our”) to you, the client (“Client” or “you”). By engaging our Services, you agree to be bound by these Terms and Conditions.
1. Services Offered
Kakic Universe provides the following social media services:
Content Creation: Development of original content, including but not limited to, graphics, videos, written posts, and stories tailored for various social media platforms.
Social Media Management: Scheduling and publishing content, community engagement (responding to comments and messages), platform monitoring, and performance reporting.
Specific details regarding the scope of work, deliverables, platforms covered, and timelines will be outlined in a separate Service Agreement or Proposal, which will form an integral part of this Agreement.
2. Client Responsibilities
To ensure the effective delivery of Services, the Client agrees to:
Provide Timely Information and Assets: Supply all necessary information, branding guidelines, logos, images, videos, product details, and any other relevant content required for content creation and social media management in a timely manner. Delays in providing these may impact project timelines.
Approval and Feedback: Review and approve content, strategies, and reports within agreed-upon timeframes. Prompt feedback is crucial for project progression.
Accuracy of Information: Ensure all information provided to Kakic Universe is accurate, truthful, and does not infringe on any third-party rights.
Access to Platforms: Grant Kakic Universe necessary access (e.g., administrator access) to social media accounts and related tools as required for the provision of Services. The Client remains solely responsible for the security of their social media accounts.
Compliance: Ensure their business and content comply with all applicable laws, regulations, and social media platform policies.
3. Payment Terms
Fees: Service fees will be detailed in the Service Agreement or Proposal.
Invoicing: Invoices will be issued [e.g., monthly, upon project milestones, in advance] as agreed upon.
Payment Due Date: Payment for all Services is due as per the specific terms and dates outlined in the Service Agreement or Proposal.
Late Payments: A late payment fee of [e.g., 5% per month or a fixed amount] may be applied to overdue invoices.
Suspension of Services: If payment is not received by the agreed-upon due date and no prior communication or arrangement has been made, Kakic Universe reserves the right to immediately suspend all Services until the outstanding balance is fully cleared. Any delays in service delivery caused by such suspension will not be the responsibility of Kakic Universe.
4. Intellectual Property
Client Content: The Client retains all intellectual property rights to any content, trademarks, or materials provided to Kakic Universe.
Kakic Universe Content: Upon full payment of all fees, all intellectual property rights for content specifically created by Kakic Universe for the Client as part of the Services will be transferred to the Client.
Our Rights: Kakic Universe retains the right to use the Client’s name and created content for portfolio and marketing purposes, unless otherwise agreed upon in writing.
5. Confidentiality
Both parties agree to keep confidential all non-public information, business strategies, and proprietary data disclosed during the term of this Agreement. This obligation of confidentiality shall survive the termination of this Agreement.
6. Term and Termination
Term: This Agreement shall commence on the date of signing the Service Agreement or Proposal and continue until the completion of the agreed-upon Services, or until terminated as per the provisions herein.
Termination by Client: The Client may terminate this Agreement by providing 30 days written notice. In such a case, the Client will be responsible for payment for all Services rendered up to the termination date.
Termination by Kakic Universe: Kakic Universe may terminate this Agreement by providing 15 days written notice if the Client breaches any of these Terms and Conditions (e.g., non-payment) and fails to remedy the breach within a reasonable timeframe.
Effect of Termination: Upon termination, the Client will settle all outstanding fees. Kakic Universe will provide all completed content and cease all social media management activities.
7. Limitation of Liability
Kakic Universe will perform its Services with reasonable care and skill. However, we are not responsible for:
Changes in social media platform algorithms or policies that may impact content reach or performance.
Outcomes or results that are beyond our direct control (e.g., specific sales targets, viral content guarantees).
Any loss or damage caused by incorrect information provided by the Client.
Loss of data or security breaches on third-party social media platforms.
Our total liability to the Client for any claim arising out of or in connection with this Agreement shall not exceed the total fees paid by the Client for the Services giving rise to the claim.
8. Indemnification
The Client agrees to indemnify and hold harmless Kakic Universe, its employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or in connection with:
Any content provided by the Client that infringes on third-party intellectual property rights.
The Client’s breach of any term of this Agreement.
Any actions taken by Kakic Universe on the Client’s social media platforms at the Client’s direction.
9. Governing Law and Dispute Resolution
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Your Country/State, e.g., Zimbabwe].
Dispute Resolution: Any dispute arising out of or in connection with this Agreement shall first be attempted to be resolved through good-faith negotiations between the parties. If a resolution cannot be reached, the parties agree to [e.g., mediation, arbitration in accordance with the rules of [relevant body], or litigation in the courts of [Your Country/State]].
10. Entire Agreement
This Agreement, together with any annexed Service Agreement or Proposal, constitutes the entire understanding and agreement between the Client and Kakic Universe concerning the Services and supersedes all prior agreements, discussions, and understandings, whether written or oral.
11. Amendments
Any amendment or modification to this Agreement must be in writing and signed by both parties.
12. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
By proceeding with our Services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.