Our Contract Terms & Conditions
The following document outlines a list of agreed services that “we” (BeMySocial) aim to provide to “you” (The Agreement Signee) and together we are referenced as “both parties” or “either party”. No third party is included in this agreement.
This is a retainer agreement that will be billed monthly in advance – and it is offered that there will be an option to terminate or ‘pause’ or amend this agreement no earlier than the end of the minimum term by either party giving no less than thirty (30) days’ notice – with a recurring one (1) month minimum period thereafter. Failure to provide thirty (30) days’ notice will result in a further full one-month charge at the usual rate.
‘Commencement’ date for the purposes of this agreement is one working day after signing and returning this document OR upon receiving payment OR on the day that work commences as agreed, whichever is earliest, whether this document is returned or not. We may, at our discretion opt to bill for a further period of service in line with the relevant minimum term if we do not receive notice within the required and specified time.
Any agreed fees and costs incurred by BeMySocial up until the termination date will be calculated and invoiced in full. The first 6 hours of work relating to social media services (if applicable) will be dedicated to research and planning. The total budget for the resource and delivery of the work referenced within this agreement is the total cost of your retainer – highlighted in the bold columns above.
Any references to Social Media Outreach or answering is based upon best endeavours to answer comments, messages etc. unless a firm SLA (Service Level Agreement) is offered and agreed.
If any work is requested that falls outside of this monthly budget, it will be identified and quoted in advance.
Any costs associated with ‘out of scope’ work will be agreed in advance in writing by both parties before any work is commenced. We will not bill you for any work that you haven’t directly authorised in advance.
All invoices will be created to cover expected work for the month ahead – and will be payable on receipt. Payments will be taken by direct debit; any unexpected payment cancellation or late payment will result in a £12.00 charge for each instance that bills are not paid on time. We may opt to charge statutory interest on any outstanding debt.
We form part of a VAT Registered business, and all prices exclude VAT unless specifically stated.
All agency fees are included within the quoted price unless explicitly stated and agreed by both parties in advance. Please note that the retainer fee does not include any travel arrangements or physical print, photography, or videography services as requested.
Such services would incur an additional fee as we conventionally work digitally and remotely.
Should any additional third-party costs be required e.g. print, external production, travel, accommodation etc. we will provide formal quotes for your approval. Written approval will be required for any additional third-party costs that may be requested during our relationship.
We require access to your Social Media accounts and website’s FTP or WordPress/other login details (if applicable) to make any required changes or improvements to you. Failure to be provided with adequate login details is beyond our control – and so may result in our being unable to carry out work which would still be chargeable in line with our agreement. In line with the above, we also require that responses to our queries and requests is given in a reasonable amount of time, so as not to delay our work.
We hope the above meets with your approval. Please sign this letter where indicated to confirm your agreement to the above terms and return to me directly.
LIMITATION OF LIABILITY
Nothing in these terms or our agreement shall exclude or in any way limit our liability for fraud, or for death or personal injury caused by our negligence or any other liability to the extent such liability may not be excluded or limited as a matter of law. Our maximum aggregate liability under or in connection with these terms and agreement, whether in contract, tort (including negligence) or otherwise, will in no circumstances exceed the total charges payable to us hereunder during the preceding 12 months; and We will not be liable under these terms or the Letter of Appointment for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known. These terms state the full extent of our obligations and liabilities in respect of the performance of our services to you. The parties agree that any condition, warranty representation or other term concerning the performance of our services which might otherwise be implied into or incorporated herein, whether by statute, common law or otherwise, is excluded to the maximum extent permitted by law.
Our engagement will be construed in all respects in accordance with the laws of England and we will each submit to the jurisdiction of the English courts.
The Agreement (which includes these terms and conditions) cancels and supersedes any prior agreement or course of dealings and is not entered into by either of us in reliance on any statements or representations other than any appearing in the Agreement.
Neither of us may assign any right or obligation arising under the Letter of Appointment (other than a right in respect of payment) without consent of the other. We’re happy to submit substantive changes for review prior to implementation if required. Please sign this letter where indicated to confirm your agreement to the above terms and return to us directly.
By signing the agreement sent, you affirm that you are a representative of a business who is authorised to enter a contractual agreement with our company on behalf of your own. You also agree that you will provide all required access and materials/information as requested to allow us to carry out work on your behalf.
‘BeMySocial’ is a trading style of Humana Ltd. Company number 12178063 VAT Reg. 331 956 788