Terms & Conditions for SponsoredLinX Social Engage
A. Meanings & Abbreviations
In this Agreement the following words have their corresponding meanings:-
Agreement / Terms and Conditions means your agreement with us as contained in this document (as may be modified from time to time).
Social Engage means our Facebook and/or Instagram service.
I, You, Your / Account Holder means the person or company named as the client in this Agreement and (where applicable) the website or business that you have authority over.
We / SponsoredLinX™ / BJB Global Pty Ltd means BJB Global Pty Ltd ACN 124 272 359 trading as SponsoredLinX™.
B. Payment Terms
- The Initial Set Up Fee is payable in full before the setup of your account will begin. The Initial Set-up Fee includes your first week of management.
- The first weekly Management Fee for your Social Engage account will be charged 7 days after configuring your first Social Engage campaign. The Management Fee is payable weekly in advance.
- SponsoredLinX™ will automatically debit your supplied credit card weekly for the weekly Management Fees unless you and we have agreed to charge the Management Fee using a different basis, method and/or timeframe.
- SponsoredLinX™ reserves the right to not set up your Social Engage account. At which time you will receive a full refund of all Setup Fees that you have paid. Please note that in all cases where we have already set up your new account there can be no refund of the Setup Fee.
- SponsoredLinX™ may at its discretion suspend the provision of services until payment is received.
- SponsoredLinX™ reserves the right to stop managing your Social Engage account and terminate this Agreement at any time by written (or email) notice to you. If this occurs your SponsoredLinX™ weekly management fee will stop at the end the second week after the termination date.
- If you wish to suspend or cancel your Social Engage service at any time then please let us know by phone or email. We will then book a meeting (in person or by phone) with you and one of our team leaders or managers to discuss your requirements, feedback or concerns. If you still want to suspend or cancel after the meeting then your SponsoredLinX™ weekly management fee will stop at the end of next two full billing cycles from the date of written notification.
- Upon cancelling SponsoredLinX™ management, all amounts owing to SponsoredLinX™ will need to be paid in full; any outstanding amounts will be due within 7 business days of cancellation.
- SponsoredLinX™ reserves the right to engage a debt collector at your expense if there are any unpaid invoices overdue by 60 days
C. General Social Engage advertising Terms & Conditions
This is not a fixed-term contract with SponsoredLinX™, however whilst SponsoredLinX™ is providing Social Engage services the following terms and conditions apply:-
- By entering this Agreement with SponsoredLinX™ you give us permission to access your Facebook / Instagram business account.
- SponsoredLinX™ will endeavour to set up your Facebook / Instagram campaigns as soon as possible, however in some cases it may take up to 5-7 days to complete set up of your new account.
- If we request more information from you for the setup of your new or existing account, SponsoredLinX™ will not be held responsible for any delay arising from the need for further information.
- You give us permission to create and post Facebook / Instagram campaigns on your behalf. We will provide you with 48 hours notice to review campaigns prior to posting live. If no feedback is received during this time it will be assumed that we have your approval.
- We require 2-weeks’ notice to cancel management and billing. We would appreciate the opportunity to discuss your concerns at this time.
- SponsoredLinX™ will endeavour to help you obtain your business goals by providing you with advice, information and technical services in relation to Social Media marketing. Unless specifically stated to the contrary in this Agreement, SponsoredLinX™ does not guarantee any particular rate of return or performance of for Facebook / Instagram / other social media. We cannot be held responsible for commercial outcomes which are associated with your Social Engage campaign.
- SponsoredLinX™ is providing a social media service for a competitive price. SponsoredLinX™ is not insuring or underwriting your chosen business model. You acknowledge that social media services are inherently subject to technical failures and disruptions from time to time. To the maximum extent permitted by law:-
(a) SponsoredLinX™ will not be liable in any way for fines, penalties, taxes (except GST), 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
(b) The maximum liability of SponsoredLinX™ to you is the lesser of:-
(i) the sum of Setup Fees and Management Fees you have paid to SponsoredLinX™; or
(ii) the cost of re-supplying the social media services ; or
(iii) the cost of rectifying the social media service which has caused your loss.
- These Terms and Conditions are governed by the law in force in the State of Queensland, Australia, and the parties irrevocably submit to the non exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them for determining any dispute concerning the Terms and Conditions.
- These Terms and Conditions can be modified at any time by SponsoredLinX™. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website – we will not separately notify you of these changes.
- If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction then such part shall be severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.
- You warrant to Us that you will use the services provided by SponsoredLinX™ under this Agreement for business purposes (and not predominantly personal, domestic or household use).
- You are solely responsible for maintaining the secrecy of your username and password in relation to the Account/Site, and for restricting access to your computer. You are fully responsible for the use of the Account/site under your username and password. In case of breach of security, you must notify SponsoredLinX™ immediately of any unauthorised use of your username or password.
- SponsoredLinX™ reserves the right to deliver marketing, advertising and other promotional materials to all of its clients, as well as any past clients. SponsoredLinX™ will endeavour to cease any marketing/advertising communications in a timely manner in the event a client, or past client, opts-out of future promotional materials.
- Unless otherwise expressly agreed to between you and SponsoredLinX™, it will be your responsibility to monitor, manage and respond to all commentary on Social Media pages.
- Where the agreement includes SponsoredLinX™ placing advertisements up to a particular value, SponsoredLinX™ will plan for and use reasonable endeavours to spend the full amount each month. There will be no refunds given or credits transferred to subsequent periods if the full amount is not spent.
E. Third Party Sites
- The provision of the Services may rely on websites operated by third parties (Third Party Sites) which are not under the control of SponsoredLinX™. SponsoredLinX™ is not responsible for the availability, accuracy, legality or decency of material or copyright compliance of the Third Party Sites.
- You link to any Third Party Sites entirely at your own risk and SponsoredLinX™ is in no way liable or responsible for any advertising, products or materials on or available from the Third Party Sites.
- SponsoredLinX™ is not responsible or liable in any way for any loss or damage you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon a Third Party Site.