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The Social Construct Terms and Conditions
1. Introduction
These Terms and Conditions govern the provision of social media marketing, content creation, website designing, rebranding, logo designing, and documentation designing services provided by The Social Construct ("we", "us", "our") to our clients ("you", "your"). By engaging our services, you agree to be bound by these Terms and Conditions.
2. Services
We offer a range of services tailored specifically to the construction industry and related sectors. Services are delivered digitally via email and other relevant platforms. For social media management, we aim to post up to five times per week on client accounts, subject to varying operational requirements.
3. Client Engagement and Payment Terms
Our services are offered on a monthly rolling contract basis for social media services, with ad-hoc project-based work available. Communication with clients is maintained through email, phone, and secure channels such as WhatsApp. Payment is required via GoCardless before any work commences. Subsequent payments are due monthly through GoCardless. Terms for ad-hoc project payments may vary and will be agreed upon separately. No work will commence until the first payment has been successfully collected.
4. Content Ownership and Use
Clients retain ownership of all content created by us. However, we reserve the right to use and showcase the content for our promotional purposes without licensing restrictions.
5. Data Protection
We commit to storing all client data securely and adhere to the General Data Protection Regulation (GDPR).
6. Limitation of Liability and Indemnification
We shall not be liable for any loss, damage, costs, or expenses of any kind arising out of or related to our services, including the use of any third-party apps, websites, companies, or services. This limitation of liability extends to all standard liabilities associated with providing marketing and/or social media services.
7. Termination
The monthly rolling contract for social media services may be terminated by either party with at least one month's billing cycle notice. For the avoidance of doubt, if the client wishes to pause the service at any point, this must be agreed to in writing by Us and the service will not be deemed paused unless the Client has the agreement from us. We reserve the right to reject the pausation request and instead view the request as a termination, in which case the one month’s billing cycle notice fee will be applicable and the client agrees to pay any outstanding fees including the notice period.
8. Dispute Resolution
Any disputes arising under or in connection with these Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Both parties agree to submit to the non-exclusive jurisdiction of the English Courts.
9. Amendments
Any amendments to these Terms and Conditions must be agreed upon in writing or via email by the director of The Social Construct.
10. Third-Party Services
We reserve the right to use third-party services or platforms, which may change from time to time, without liability for their use.
11. Marketing and Promotional Use
The Client hereby grants Us a non-exclusive, royalty-free, worldwide licence to use the Client's name, logo, branding, and likeness for marketing and promotional purposes. This includes, but is not limited to, social media posts, websites, case studies, testimonials, presentations, and any other forms of media or communication used for promotional activities. The Client agrees that We may display, reproduce, and distribute these materials without further approval, provided such use is in connection with the services provided and does not misrepresent the Client. Clients agree to cooperate fully with our team. Any loss or delay in service delivery due to the client's lack of cooperation will not be deemed our responsibility.
12. Client Cooperation
Clients agree to cooperate fully with our team. Any loss or delay in service delivery due to the client's lack of cooperation will not be deemed our responsibility.
Terms and Conditions for Website Design Services
1.Scope of Work:
K2o Creative trading as The Social Construct (“Provider”) agrees to design and develop a website (“Website”) for the Client as per the specifications outlined in the project proposal or agreement. Any changes to the scope of work must be agreed upon in writing by both parties.
2.Payment Terms:
The Client agrees to pay the Provider an initial non-refundable deposit. The remaining balance is due upon completion of the Website but before transfer of ownership. The detailed payment schedule is outlined in the project agreement.
3.Project Timeline:
The Provider will make every reasonable effort to deliver the project within the estimated timeframe, subject to receipt of all necessary client materials and feedback.
4.Client Responsibilities:
The Client is responsible for providing all necessary information, materials, and approvals. Delays in providing these may result in project delays.
5.Revisions and Approvals:
The Client is entitled to a specified number of revisions, as outlined in the project agreement. Additional revisions beyond this scope may incur additional charges. Final approval of the Website must be provided in writing.
6.Cancellation Policy:
If the Client cancels the project, the initial deposit will not be refunded. The Client will also be liable for any work completed beyond the deposit amount, payable as per the cancellation clause.
7.Intellectual Property Rights:
Upon full payment, the Client will own the final website design and all its contents. The provider reserves the right to showcase the website as part of a portfolio unless requested otherwise by the Client.
8.Warranty and Support:
The Provider offers a 3 month warranty period during which any technical issues arising from the original scope of work will be addressed at no additional cost. Ongoing maintenance and support may be provided under a separate agreement.
9.Liability:
The Provider's liability shall be limited to the total value of the project. The Provider is not liable for any indirect or consequential losses.
10.Force Majeure:
Neither party will be liable for delays caused by circumstances beyond their control.
11.Governing Law:
Any disputes arising under or in connection with these Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Both parties agree to submit to the non-exclusive jurisdiction of the English Courts.
12.Entire Agreement:
This agreement constitutes the entire understanding between the Client and the Provider regarding the Website project.