Terms and Conditions for FUSSION FUNNEL LTD. (SMA Agency)
Effective Date: [Insert Date]
Welcome to FUSSION FUNNEL LTD., a Social Media Agency (SMA) offering services related to digital marketing, social media strategy, content creation, paid advertising, and affiliate program management. These Terms and Conditions ("Terms") govern your access to and use of our services, and the relationship between you ("Client," "you," or "your") and FUSSION FUNNEL LTD. ("we," "us," or "our").
By engaging with our services, including consulting, paid advertising, social media management, content creation, and affiliate program services (collectively, the "Services"), you agree to be bound by these Terms.
Please read these Terms carefully before using our services.
1. Services Provided
FUSSION FUNNEL LTD. provides a range of Social Media Agency services, including but not limited to:
- Social media management and strategy
- Content creation (graphics, videos, copywriting, etc.)
- Paid social media advertising (e.g., Facebook Ads, Instagram Ads, etc.)
- Influencer marketing and affiliate program management
- Analytics and reporting
- Consultation services related to social media marketing and digital strategy
2. Client Obligations
As a Client, you agree to:
- Provide accurate and complete information about your business, goals, and target audience.
- Timely pay for the services rendered in accordance with the payment terms outlined in the agreement.
- Be responsible for the content and materials you provide to FUSSION FUNNEL LTD. for use in campaigns, including ensuring that such content does not infringe on any intellectual property rights, violate any laws, or harm any third parties.
- Cooperate with our team, providing necessary access to your social media accounts, websites, and any relevant platforms as needed to execute campaigns.
- Review and approve content and strategies as reasonably requested by FUSSION FUNNEL LTD. during the campaign process.
3. Fees and Payment Terms
- Fees: The Client agrees to pay FUSSION FUNNEL LTD. the fees agreed upon in the service contract, proposal, or invoice. The fees may include one-time setup fees, recurring monthly payments, or other specific charges based on the services provided.
- Payment Schedule: All payments must be made as per the agreed schedule outlined in the service contract or invoice. Payments not received within [X] days of the due date will be subject to late fees of [X]% per month or the maximum rate permitted by law.
- Refund Policy: Payments for services rendered are non-refundable unless otherwise agreed upon in writing in the service contract or specific offer. Any refunds or adjustments will be at the sole discretion of FUSSION FUNNEL LTD.
- Payment Methods: We accept payment via credit/debit card, bank transfer, PayPal, or other methods as outlined in the payment terms section of the contract or invoice.
4. Term and Termination
- Term: These Terms shall be effective from the moment you engage with FUSSION FUNNEL LTD. and will remain in effect for the duration of your engagement with our Services unless terminated earlier in accordance with this section.
- Termination by Client: You may terminate our services at any time with written notice, provided that any unpaid fees for services rendered up to the point of termination are paid in full.
- Termination by FUSSION FUNNEL LTD.: We reserve the right to terminate services immediately if:The Client fails to comply with the payment terms.
The Client provides false, misleading, or infringing content.
The Client engages in illegal or unethical practices.
Upon termination, all outstanding payments will become immediately due.
- Effect of Termination: Upon termination, we will stop providing the Services. Any content, campaigns, or accounts managed by FUSSION FUNNEL LTD. will be transferred to the Client if applicable, subject to payment of any outstanding fees.
5. Intellectual Property Rights
- Client Content: You retain ownership of all content that you provide to FUSSION FUNNEL LTD., including images, logos, trademarks, videos, copy, etc., provided such content does not infringe on any third-party intellectual property rights.
- Agency Content: FUSSION FUNNEL LTD. retains ownership of any content created by us for the Client, such as social media posts, designs, videos, campaigns, and reports, unless otherwise agreed in writing. We grant you a limited, non-exclusive, non-transferable license to use such content for the purposes of the Services provided.
- Copyright Infringement: You are responsible for ensuring that any materials you provide do not infringe the intellectual property rights of third parties. If we receive a valid claim of copyright infringement, we may remove such content or take other appropriate action.
6. Confidentiality
Both parties agree to maintain confidentiality regarding any proprietary, confidential, or sensitive information shared during the engagement. This includes but is not limited to business strategies, client lists, financial data, and marketing materials. This obligation will survive the termination of the agreement.
7. Limitation of Liability
To the fullest extent permitted by law:
- Limitation: FUSSION FUNNEL LTD. will not be liable for any indirect, incidental, special, or consequential damages arising from the use of our Services, including loss of profit, revenue, or business opportunity.
- Maximum Liability: In no event will FUSSION FUNNEL LTD.'s liability exceed the total fees paid by you for the specific Service that gave rise to the claim.
8. Indemnity
You agree to indemnify and hold harmless FUSSION FUNNEL LTD., its employees, contractors, and agents, from any claims, losses, or damages (including legal fees) arising out of your use of our Services, your content, or any breach of these Terms.
9. No Guarantees
While FUSSION FUNNEL LTD. will make every effort to provide effective and quality services, we do not guarantee specific results, such as increases in followers, sales, or any other metrics. Success depends on various factors beyond our control, including changes to algorithms, market conditions, and your business’s nature.
10. Force Majeure
Neither party will be liable for failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, strikes, or network failures.
11. Amendments
We may update these Terms from time to time. Any material changes will be communicated to you via email or notice on our website. Continued use of our Services after such changes constitutes your acceptance of the updated Terms.
12. Governing Law and Dispute Resolution
These Terms will be governed by the laws of [Your Jurisdiction], without regard to its conflict of law principles. Any disputes arising from or related to these Terms or the Services shall be resolved through binding arbitration or in the appropriate court located in [Your Jurisdiction].
13. Miscellaneous
- Entire Agreement: These Terms, along with any applicable service contracts or agreements, constitute the entire agreement between you and FUSSION FUNNEL LTD.
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full effect.
- Assignment: You may not assign or transfer your rights or obligations under these Terms without the prior written consent of FUSSION FUNNEL LTD.
14. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
FUSSION FUNNEL LTD.