PH Social Media Inc Terms & Conditions
TERMS AND REGULATIONS GOVERNING THE DELIVERY OF ONLINE MARKETING SERVICES BY PH SOCIAL MEDIA INC.
- ARTICULATION AND UNDERSTANDING
Within these terms and regulations, the subsequent terminologies are imbued with their respective meanings, unless otherwise expressed:
‘A Business Day’ pertains to a day (excluding Saturdays, Sundays, or public holidays) when London banks are in operation.
‘Contract’ embodies the legally-binding accord between PH Social Media Inc. and the Client, guided by these Terms and the Order.
‘Client’ corresponds to the individual or business firm procuring Services from PH Social Media Inc., with details outlined in the Order.
‘Force Majeure Event’ characterizes an incident beyond the reasonable jurisdiction of either party, incorporating, but not limited to, labor disputes, strikes, lockouts, failure of utility service or transport network, acts of nature, warfare, insurrection, civil disturbances, intentional damage, compliance with any law or governmental mandate, rule, regulation or directive, mishaps, infrastructure or equipment breakdown, fire, flood, storm, or failure of suppliers or subcontractors.
‘Group Company’ indicates a company that is either a subsidiary or a holding company of PH Social Media Inc., as defined in section 1159 of the Companies Act 2006.
‘PH Social Media Inc.’ represents the Company providing the services.
‘Intellectual Property Rights’ encapsulate all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or presentation, rights in goodwill or to sue for false representation, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential data (including expertise and trade secrets) and any other intellectual property rights, in every case whether registered or unregistered, including all applications for renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
‘Order’ represents the request lodged by the Client by endorsing PH Social Media Inc.’s Proposal form.
‘Order Form’ is a Proposal form endorsed by the Client which, in combination with these terms and regulations, establishes a binding contract.
‘Proposal’ represents the written proposition prepared by PH Social Media Inc. outlining its strategies for rendering Services to the Clients.
‘Services’ refer to the offerings that PH Social Media Inc. will provide to the Client, as stipulated in the Order.
‘Specification’ denotes the portrayal or definition of the Services specified in the Order.
‘Terms’ refer to these terms and regulations, which may be updated periodically by PH Social Media Inc.
‘VAT’ refers to the value-added tax as enforced under the prevailing English law, along with any similar supplementary tax.
‘White Label Work’ refers to Services offered by PH Social Media Inc. to a Client who subsequently brands these services under their own banner for their client’s advantage.
- When these Terms use words in their singular form, they can also be interpreted to include the plural form of the word, and vice versa. Similarly, when these Terms use words denoting a specific gender, they can be interpreted to encompass all genders, and vice versa.
- The headings in this document serve for convenience only and will not influence the construction or understanding of these Terms.
- A reference to a law or statutory provision refers to that law or statutory provision as revised or re-enacted. Such reference includes any subordinate legislation enacted under that law or statutory provision, as modified or re-enacted.
- CONDITIONS OF AGREEMENT
- These Conditions shall dictate all contracts executed between PH Social Media Inc. and the Client, superseding any other terms that the Client intends to enforce or integrate, or which are inferred by industry norm, custom, practice, or transaction history.
- These Conditions and the Order may only be modified through express written consensus between PH Social Media Inc. and the Client.
- CONTRACTUAL AGREEMENT
- The Order represents an offer by the Client to acquire the Services in accordance with these Conditions. The Client must ensure the accuracy and completeness of the terms of the Order and any relevant Specification.
- The Order is considered accepted only upon written confirmation by PH Social Media Inc. or once PH Social Media Inc. begins the delivery of Services after receiving the Order, whichever occurs first. This is when the Contractual Agreement is established.
- The Contractual Agreement embodies the complete understanding between PH Social Media Inc. to provide the Services and the Client to purchase those Services, as per these Conditions.
- The Client acknowledges that it has not been influenced by any statement, pledge, or representation made by or on behalf of PH Social Media Inc. that is not stipulated in the Contract. Any samples, illustrations, descriptive materials, or advertising issued by PH Social Media Inc., along with any descriptions or graphics in PH Social Media Inc.’s catalogs or brochures, are meant solely for conveying a rough concept of the described Services. They will not be part of the Contract or any other contract between PH Social Media Inc. and the Client for the provision of Services.
- A Proposal for the delivery of Services offered by PH Social Media Inc. is not an offer. A Proposal remains valid for a period of 14 Business Days from its date of issue.
- For any White Label Work, the Client acknowledges and concurs that PH Social Media Inc. holds no contractual relationship and hence no liability concerning the ultimate client for whom the Client agrees to execute the White Label Work.
- OBLIGATIONS AND ASSURANCES OF PH SOCIAL MEDIA INC.
- PH Social Media Inc. assures that it will deliver the Services detailed in the Order with reasonable care and skill to align with the Specification in all significant respects.
- PH Social Media Inc. shall exert all reasonable efforts to meet any performance dates outlined in the Order, but these dates are only estimations, and the provision of Services is not time-bound. PH Social Media Inc. shall not be held accountable for any delay in the provision of Services resulting from a Force Majeure event or the Client’s failure to provide PH Social Media Inc. with sufficient delivery directives or other instructions pertinent to the delivery of Services.
- PH Social Media Inc. reserves the right to amend the Services as necessary to comply with any applicable law.
- PH Social Media Inc. is authorized to employ a Group Company or other subcontractors for the delivery of Services, provided that PH Social Media Inc. shall remain accountable to the Client for the performance of the Services as if it had executed them itself.
- RESPONSIBILITIES AND INDEMNITIES OF THE CLIENT
- The Client is expected to provide support and technical data to PH Social Media Inc., as reasonably requested by the company in a timely manner to ensure the fulfillment of an Order in line with any estimated delivery dates or milestones. The Client bears sole responsibility for the accuracy of all information shared with PH Social Media Inc., guaranteeing that the Client’s employees assisting in the execution of an Order possess the requisite skills and authorization.
- The Client is required to promptly comment on and approve materials provided under the Services within the agreed deadline, including but not limited to advertising copy, search terms, and graphic content submitted by PH Social Media Inc. Moreover, the Client is obliged to quickly implement changes on websites, in IT systems, or anywhere else required by PH Social Media Inc. within the agreed deadline.
- The Client is mandated to promptly notify PH Social Media Inc. of changes in domain names, websites, technical setup, and any other significant information concerning the technical infrastructure which may influence the Services delivered by PH Social Media Inc.
- In the event that the Client fails to execute those actions or provide those materials stipulated in this clause 5 within the agreed deadline (or at least within 15 Business Days of the date requested by PH Social Media Inc.), PH Social Media Inc. has the right to invoice for the Services that have been provided and the remaining Services detailed in the Order, irrespective of whether PH Social Media Inc. has been able to deliver them.
- The Client shall indemnify and hold PH Social Media Inc. harmless against all liabilities, costs, and expenses whatsoever and however incurred by PH Social Media Inc. in regard to any third parties due to the provision of the Services in line with the Order, Specification, or the content of the Client’s advertising or web pages, which result in claims or legal actions against PH Social Media Inc. for infringement of any Intellectual Property Rights or other proprietary rights of third parties, or for breach of confidentiality or contract, or for defamation.
- The Client is obliged to comply with all relevant rules, regulations, codes of practice, and laws relating to its use of the Services, including, but not limited to, its obligations under the Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000, Competition Act 1998 and the E-Commerce Directive, and equivalent legislation, and hereby agrees to indemnify and hold PH Social Media Inc. harmless regarding any and all costs, claims, or proceedings whatsoever lodged against PH Social Media Inc. by any third party due to any breach of the same by the Client.
- By default, across the Services and unless otherwise notified, the Client is solely responsible for implementing the optimization changes recommended by PH Social Media Inc. As indicated by PH Social Media Inc., in certain situations for modifications to existing optimizations, the Client shall allow PH Social Media Inc. access to the site’s FTP or content management system’s username and password to incorporate keywords.
- PH Social Media Inc. requires prior notice for any alterations related to the Client’s website(s) that may impact the services provided by PH Social Media Inc. If alterations are made by the Client or a third party to the Client’s site(s), search engine placements may be affected, and PH Social Media Inc. cannot be held responsible.
- PH Social Media Inc. advises that the consistent addition of fresh content to the site can help to stabilize rankings within search engines. The Client acknowledges that regular, unique content plays a significant role in the success of a website, and failure to add unique content may lessen the impact of SEO services.
- Regarding all White Label Work, the Client shall indemnify PH Social Media Inc. against all liabilities, costs, expenses, damages, and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation, and all interest, penalties, and legal and other professional costs and expenses) incurred or suffered by PH Social Media Inc. in connection with the contract between the Client and their client for the White Label Work.
- COST STRUCTURE
- Unless stated otherwise, all prices will be quoted in US Dollars (USD). If tariffs are introduced or altered after the agreement of an Order, PH Social Media Inc. reserves the right to adjust the agreed prices to reflect these changes.
- The Client understands that some Services might require the licensing of third-party Intellectual Property Rights and may necessitate the Client to directly engage in a license agreement with such a third party. Unless otherwise explicitly mentioned, all prices will be exclusive of expenses for acquiring Intellectual Property Rights for materials to be incorporated into marketing materials. This includes (but isn’t limited to) images and licenses from third-party owners and licensors.
- The price indicated in the Order will be a qualified estimate based on the anticipated number of hours required to provide the Services. This is merely an estimate and the Services will be billed according to the actual hours spent, as per the price detailed in the Order or Quotation. In case the price isn’t defined in this manner, the Client will be billed at the hourly rate specified in PH Social Media Inc.’s current price list. PH Social Media Inc. is obligated to continuously update the estimates and budgets in response to alterations to an Order.
- While every effort is made to guarantee the accuracy of cost estimates, PH Social Media Inc. retains the right to revise any estimate in case of an error or omission.
- PAYMENT TERMS
- PH Social Media Inc. will bill the Client on a monthly basis, either in advance or post the delivery of Services. Typically, Clients are asked to provide a non-refundable deposit before any work is undertaken. This deposit, similar to a rental deposit, is securely retained and will be applied against the Client’s final invoice(s) when the work detailed in an Order has been completed. If the Client fails to pay a monthly invoice when due, PH Social Media Inc. will use the deposit to settle the invoice and will not conduct any further work until the deposit is replaced.
- The Client is required to pay each invoice presented by PH Social Media Inc. within 14 Business Days of the invoice date in cleared funds. Payment methods accepted include BACS, CHAPS, Cheque, and Bank Transfer, and the invoice number should be quoted with all payments.
- The Client must pay all amounts due under the Contract in full without any deductions or withholdings unless mandated by law. The Client will not be entitled to assert any credit, set-off, or counterclaim against PH Social Media Inc. to justify withholding payment of any such amount in whole or part. PH Social Media Inc., without limiting its other rights or remedies, may offset any amount owed to it by the Client against any amount payable by PH Social Media Inc. to the Client.
- Delayed payment will be regarded as a material breach of the Contract, thereby providing PH Social Media Inc. (at its discretion) the right to cancel the Contract or to affirm the Contract and assert the typical remedies for breach.
- In cases where Services can’t be fully or partially delivered due to the Client’s failure to assist or delay in assisting in the execution of the Order, PH Social Media Inc. has the right to charge an estimated amount to the Client. This amount corresponds to what would have been due had the Services been delivered in accordance with the Order. PH Social Media Inc. is entitled to payment based on its prevailing price list for any additional work necessitated due to the Client’s failure to assist or delay in assisting.
- In the event that the Client subsequently requests PH Social Media Inc. to complete the work in a shorter time frame than specified in the Order, PH Social Media Inc. reserves the right to levy additional charges to prioritize such projects over pre-scheduled work.
- ISSUES AND DISPUTE RESOLUTION
- If the Client can prove that the Services are delayed or not in line with the Contract, PH Social Media Inc. is obligated to rectify or redeliver, at its discretion, without significant delay. If the Services continue to be inconsistent with the Contract after reasonable attempts to rectify this, the Client is entitled to cancel the Order provided that the breach is substantial.
- Complaints concerning delays or breach of Contract should be raised promptly after the time when the Client became aware or should have become aware of the issue. If the Client fails to notify the Company of the defect (unless it is inherently impossible to identify within such a period) within 48 hours, the Client will be deemed to have accepted the Services and will not be able to claim remedies based on delays or breach of Contract.
- The Client acknowledges that certain Services depend upon goods and/or services being provided by third parties (‘Third Party Services’). The Client recognizes that the Third Party Services will be regulated by that third party’s terms and conditions and that PH Social Media Inc. cannot provide any warranties in respect of the Third Party’s Services and will not be liable to the Client for any delays and/or failings in respect of the same. Providers of Third Party Services may provide their own warranties to the Client and the Client must satisfy itself whether or not such warranties (where given) are suitable for the Client’s business purposes or risk management policies.
- PH Social Media Inc.’s sole responsibility regarding the Third Party Services is to exercise reasonable care and skill when choosing the providers of the same.
- The Client’s exclusive remedies for late delivery or Services not conforming with the Contract are as specified in this clause and, if the remedies outlined in these Terms have been exhausted, the Client’s final remedy is limited to cancellation of the Contract. PH Social Media Inc.’s sole liability is to refund any payments for Services not conforming with the Contract, subject to the limitations set out in the clause below.
- Except as expressly stated in this Clause 9, PH Social Media Inc. shall have no liability to the Client for any loss or damage whatsoever arising from or in connection with the provision of the Services or for any claim made against the Client by any third party.
- Without prejudice to the generality of Clause 9.1 above, PH Social Media Inc. shall have no liability for any losses or damages which may be suffered by the Client whether the same are suffered directly or indirectly or are immediate or consequential which fall into the following categories:
- Any indirect or consequential loss arising under or in relation to the Contract even though PH Social Media Inc. was aware of the circumstances in which such loss could arise;
- Loss of profits; loss of anticipated savings; loss of business opportunity or goodwill;
- Loss of data; and
- Fraudulent clicks on any of the Client’s accounts managed by PH Social Media Inc.
- To the extent such liability is not excluded by sub-clauses 9.1, 9.2 and clause 10 below, PH Social Media Inc.’s total liability (whether in contract, tort (including negligence or otherwise)) under or in connection with the Contract or based on any claim for indemnity or contribution (including for damage to tangible property) or otherwise will not in any event exceed the total sum invoiced for the Services.
- OTHER LIMITATIONS OF LIABILITY
- PH Social Media Inc. shall not be liable for downtimes, interference in the form of hacking, virus, disruptions, interruptions, faulty third-party software, search engines or websites on which a service is dependent or other deliveries from a third party. PH Social Media Inc. shall use its reasonable efforts to assist in remedial efforts if so requested by the Client. Any work connected with remedial efforts as described above shall be charged to the Client separately in accordance with these Terms or (at PH Social Media Inc.’s discretion) PH Social Media Inc.’s price list applicable from time to time.
- PH Social Media Inc. shall not be liable for any changes made without notice by the Client or a third party employed by the Client to domain names, websites, links, technical setup etc., and affecting the Services delivered by PH Social Media Inc. Preceding or subsequent work connected with any adjustments required as a result of such changes shall be charged to the Client in accordance with these Terms or on the basis of PH Social Media Inc.’s price list applicable from time to time at PH Social Media Inc.’s discretion.
- PH Social Media Inc. shall use all reasonable endeavours to deliver Services relating to search engine optimization, links, advertisements, banners, pay per click, and google analytics in accordance with the guidelines applicable to the relevant search engines. However, PH Social Media Inc. shall not be liable for delayed or non-conforming performance due to changes made to standard terms, assessment algorithms, search criteria, viewing policy, prices and campaign offers, or other matters beyond PH Social Media Inc.’s control and reserves the right to make changes to Services as a result of the same. In addition, PH Social Media Inc. shall not be liable for other changes or discontinuation of search engines.
- PH Social Media Inc. shall not be liable for Services relating to search engine optimization, link building, advertisements, banners, or sponsorships leading to a minimum number of views, position, or frequency in searches on relevant words or otherwise. In addition, PH Social Media Inc. shall not be liable for ensuring that such Services lead to a certain volume of traffic, number of clicks, registrations, purchases or the like.
- PH Social Media Inc. shall not be responsible for URLs dropped or excluded by a search engine for any reason.
- If the Client does not implement some or all of PH Social Media Inc.’s recommendations, PH Social Media Inc. shall not bear any liability for any lack of success experienced by the Client relating to the Services.
- INTELLECTUAL PROPERTY RIGHTS
- It is the responsibility of the Client to ensure that they have the right to use any Intellectual Property Rights when they provide any text, image, or representation (“Materials”) to PH Social Media Inc. for incorporation into the Services and the Client hereby grants or agrees to procure the grant of (as applicable) an irrevocable license to PH Social Media Inc. to use such Materials for the purposes of providing the Services for the duration of the Contract.
- The Client shall be responsible for ensuring that the contents of Materials which the Client has contributed or approved are not in contravention of legislation, decency, marketing rules or any other third-party rights. PH Social Media Inc. shall be entitled to reject and delete such material without incurring any liability. In addition, PH Social Media Inc. shall be entitled to cancel the Order.
- The Client shall indemnify PH Social Media Inc. against all damages, losses and expenses suffered or incurred by PH Social Media Inc. as a result of the Materials which the Client has contributed or approved being in contravention of legislation, decency, marketing rules or any action that any such Materials infringe any Intellectual Property Rights of a third party.
- The parties shall be obliged to notify the other party without undue delay of any claims raised against a party as described above.
- Unless expressly stated otherwise in these Terms or in an Order, the Intellectual Property Rights created, developed, subsisting or used in connection with the Services and whether in existence at the date hereof or created in the future shall vest in and be the property of PH Social Media Inc. or the relevant third party from whom PH Social Media Inc. has acquired a right of use with a view to executing the Order. The Client agrees to execute and deliver such documents and perform such acts as may be necessary from time to time to ensure such Intellectual Property Rights vest in PH Social Media Inc.
- The Intellectual Property Rights as mentioned in Clause 11.2 shall not be used, assigned, distributed, copied, forwarded to online or offline activities by the Client without a separate, express written agreement.
- If PH Social Media Inc. makes software, scripts, ASP services etc. available to the Client as part of the execution of an Order, the Client shall only acquire a non-exclusive personal non-transferable license to use such material until the Services under this agreement cease.
- The Client hereby irrevocably licenses PH Social Media Inc. to use and display the Client’s name, figure, logo etc. as a reference on PH Social Media Inc.’s website, other marketing materials or types of media whilst they are a Client of PH Social Media Inc. and for 18 months after the Contract terminates. The Client agrees to send PH Social Media Inc. its most recent logo or figure as and when it is amended from time to time.
- CONFIDENTIALITY AND PERSONAL DATA
- Both parties (Receiving Party) must maintain strict confidentiality regarding all technical or commercial knowledge, specifications, inventions, processes, or initiatives of a confidential nature disclosed by the other party (Disclosing Party), its employees, agents, or subcontractors. This also includes other confidential information about the Disclosing Party’s business, products, or services that the Receiving Party may acquire. The Receiving Party should restrict disclosure of such confidential information to employees, agents, or subcontractors as necessary for fulfilling their obligations under the Contract. These confidentiality obligations survive the termination of the Contract.
- The Company will take the same care it uses with its confidential information to avoid disclosing any of the Client’s business or operational information deemed confidential without the Client’s consent, during the Contract term and for a period of 5 years after its conclusion.
- The obligation in Clause 12.2 does not apply to information that becomes publicly available, enters the Company’s possession without an accompanying confidentiality obligation, is independently developed by the Company, or the Company is required to disclose by law.
- The Client agrees not to disclose any information or non-Client materials provided by the Company regarding the Company’s method or approach to providing the Services during the term of the Contract and for 5 years following its termination.
- Each party agrees to comply with its respective obligations under the Data Protection Act 1998.
- The Client will indemnify the Company for any loss, including legal proceedings costs, incurred by the Company due to the processing of personal data contravening the Data Protection Act 1998 or marketing law, which the Client has contributed.
- TERM, TERMINATION AND ASSIGNMENT
- The Contract automatically renews every 30 days or for a 1 year term at the end of each year, unless either party notifies the other of its intention to terminate the Contract at the end of the current term by providing at least 30 days’ written notice.
- Either party may terminate the Contract immediately by giving written notice if the other party materially breaches the Contract and fails to remedy the breach within 30 days after being notified in writing, or if the other party becomes insolvent or is unable to pay its debts.
- In addition to all other rights and remedies, the Company is entitled to terminate this Contract without notice if its charges for the Services are not paid in accordance with these Terms.
- Upon termination, both parties must return all materials received from the other under the Contract without undue delay. If the Client fails to do so, the Company can invoice the Client for subsequent Services under its then current terms and conditions.
- The Client cannot assign or transfer any part of its rights or obligations under the Contract and these Terms without the Company’s prior written consent.
- The Company may assign or subcontract any of its rights or obligations under the Contract and these Terms. The Client acknowledges that third parties will provide certain elements of the Services.
- FORCE MAJEURE
- Neither party is liable for a Force Majeure Event.
- If a party believes a Force Majeure Event has occurred, it should immediately inform the other party about the start and end of the event.
- If a Force Majeure Event prevents Contract performance for over 6 months, either party can terminate the Contract without liability by providing written notice to the other party.
- The Company may modify or discontinue the Services, temporarily or permanently, with or without notice. The Company isn’t liable for any modification or discontinuation of the Services, except for returning any prepaid sums for Services not provided.
- The Company can provide its Services to third parties during or after providing Services to the Client.
- During the Contract term and for 12 months after, the Client agrees not to employ, engage, or offer employment or engagement to anyone designated by the Company to work on the Services.
- Failure by either party to enforce any right under these Terms does not constitute a waiver of such rights.
- If any term of these Terms is found illegal, invalid or unenforceable under any applicable law, such term will be deemed omitted from these Terms, and the remaining Terms will continue in full force and effect.
- All alterations or variations to these Terms must be in writing and signed by duly authorised officers from both parties.
- A person who is not a party to the Contract has no rights under or in connection with it.
- All notices must be in writing and sent to PH Social Media Inc. via the contact form on its website or such other address as is advised by the Company.
- ENTIRE AGREEMENT
The Contract supersedes all previous agreements, understandings, or arrangements between the parties, whether oral or written, and represents the entire agreement between PH Social Media Inc. and the Client relating to these Services.
- LAW AND JURISDICTION
- Both parties must attempt to settle any disputes arising between them, including disputes relating to the Contract’s existence or validity, through negotiation. However, either party may take legal action at any time.
- The Contract is governed by and construed in accordance with [Jurisdiction’s Law]. Any alterations to the jurisdiction must be agreed upon by both parties.
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