These Terms of Service, updated on 21 October 2024, govern the relationship between Blue Ocean Social Ltd (“the Service Provider”) and the client (“the Client”) using our social media services. By engaging with these services, the Client agrees to these Terms in full.
1. Services #
Services Provided
The Service Provider will create and publish customised social media content for the Client, as specified in the Purchase Order, aimed at driving engagement and building the Client’s online visibility, with a focus on fostering meaningful connections with their target group. This includes content strategy, concept development, copywriting, graphic design and video editing, along with follow-up calls, typically around 30 minutes each month, to review performance and discuss strategies.
Client Collaboration
The Client is invited to enhance their content by contributing their own text, images, or videos, and sharing relevant business information for public use. This collaboration enables the Service Provider to develop content that aligns more closely with the Client’s brand and vision.
Timely provision of information or feedback helps ensure efficient delivery and optimal quality. If delays occur in providing necessary input, this may affect the timeline and final quality of the content.
Shareholders, co-founders, or management team members at the Service Provider are not obligated to directly participate in the content creation and may do so at their discretion.
Content Approval
All content must receive the Client’s written approval via electronic communication, such as email, SMS, or WhatsApp, before it is posted. The Service Provider will typically provide weekly content for approval starting within 10 days of the first payment.
The Client is encouraged to provide feedback or approval within 7 days to maintain the posting schedule. If feedback or approval is not received within this timeframe, delays in content posting or quality may occur, for which the Service Provider cannot be held responsible.
The Client is entitled to request one revision per content piece, such as a video, slideshow, or image, which must be requested within 7 days of receiving the draft. Once the content is approved by the Client and published by the Service Provider, the Client assumes full legal responsibility for the content and any potential consequences from its publication.
If deadlines are missed due to late approvals or delays in providing necessary information, the Service Provider may adjust the content schedule or postpone delivery as needed.
Time Allocation
The Service Provider allocates time for content piece creation as follows: up to 30 minutes for images, 45 minutes for videos, text or slideshows, and 15 minutes for revisions, unless otherwise specified in the Purchase Order. Any additional time required must be agreed upon in writing before work begins.
The Service Provider is generally available for communication during standard business hours, with additional availability at its discretion. The Service Provider allocates up to 30 minutes per month for phone calls with the Client, extendable to 60 minutes for technical issues not caused by the Client, and up to 120 minutes in emergencies requiring special attention that cannot be resolved by third parties.
The Service Provider will also allocate reasonable time for text-based communication (e.g., emails, messages). If communication becomes excessive, a more formal method, such as phone calls or meetings, may be requested to maintain efficiency.
Engagement and Interaction
The Service Provider is not responsible for managing engagement on the Client’s social media profiles. This includes responding to comments, messages, or any form of interaction with followers or users on the Client’s accounts.
No Obligation for Personal Promotion
The Service Provider, including its officers, directors, employees, agents, and shareholders, is not obligated to post or promote content related to the Client’s business on their own social media accounts. The services provided are limited to posting content on the Client’s social media accounts only.
2. Responsibility & Liability #
Social Media Account Protection and Liability
The Service Provider is not liable for issues with the Client’s social media accounts, including blocking by platforms like Meta, TikTok, YouTube, or LinkedIn, loss or hacking, or violations of platform policies. The Client retains responsibility for these matters. However, the Service Provider will always safeguard login data with secure storage and two-factor authentication and ensure all content is approved by the Client before posting. The Client may also choose to receive content through online file-sharing and post it themselves if preferred.
Liability for Third-Party Applications
The Service Provider may utilise third-party applications for content posting, ensuring an efficient process. While the Service Provider will regularly review the Client’s social media accounts to identify and address any issues, continuous real-time monitoring is not included.
Login Access and Content Posting Protocol
If the Client cannot provide login details, encounters access issues, or if social media platforms experience downtime affecting posting, the Service Provider will send content and captions to the Client via file-sharing or email. The Service Provider is not liable for delays or issues caused by these factors.
Commitment to Organic Growth and Third-Party Collaborations
The Service Provider will never purchase views, followers, or likes for the Client. We focus on achieving organic growth through genuine engagement and strategic methods. Any collaboration with influencers or marketing services to facilitate growth must be discussed and confirmed in writing by the Client before initiation.
Backup and Content Retention
The Client is encouraged to create and maintain backups of all their social media content and account data. During the content approval process, the Service Provider will temporarily save content in a file-sharing folder, accessible for a period determined by the Service Provider. The Client can download or back up any necessary content while it is available in this folder.
Liability Cap
The Service Provider’s total liability for any claims arising out of or related to the services provided shall not exceed the total amount paid by the Client for services during the three months preceding the event giving rise to the claim.
3. Terms of Payment #
Payment
The Client agrees to pay the amount specified during checkout for the services provided. For social media content creation subscriptions, payments will be automatically billed monthly unless otherwise agreed or stated in the purchase order. All payments are due on the specified due date, and the Client is responsible for ensuring timely payment. The Service Provider reserves the right to withhold commencement of work until payment has been confirmed for each monthly payment.
Payment for Additional Services
There are no hidden or additional fees associated with the social media content creation service. If the Client requests additional services, such as web design, graphic design, or other services, these must first be confirmed in writing by the Client before being delivered. Such extra services will be billed separately by the Service Provider.
Refunds
The Client is not normally entitled to a refund once content has been created, published, or work on it has begun, including strategy planning or any form of content development. However, in cases where a refund is requested, the Service Provider will fairly assess the situation and may grant a partial refund for services not rendered or started.
Termination
If the Client decides to terminate the agreement, the Service Provider will cancel any recurring payments. The Client will not be responsible for the next month’s payment if they provide at least 21 days’ notice before the termination date. However, if the agreement is terminated by the Client within the first month of the business relationship, no further payments will be required, regardless of the notice period.
To protect against unusually difficult circumstances, the Service Provider reserves the right to terminate the agreement at any time. In such cases, the Service Provider will refund the Client for any work that has not been started.
4. Intellectual Property #
Ownership and Usage Rights
The Client owns all final work produced for them. The Service Provider may use similar styles or concepts in future work for other clients, provided they do not replicate the specific content created for the Client.
Drafts and Incomplete Content
Any drafts, incomplete content, or preliminary work created by the Service Provider remain the Service Provider’s property until the project is fully delivered and approved. However, any materials provided by the Client are excluded from this and remain the Client’s property. The Client cannot use or publish the Service Provider’s drafts or incomplete content without written consent. Ownership of the final content transfers to the Client upon project completion.
Exclusions
The Service Provider retains ownership of all proprietary methods, tools, templates, and pre-designed materials used in creating content. Additionally, any stock materials (such as licensed images, videos, or audio) used in the content remain licensed to their respective owners and are not transferred to the Client.
5. Confidentiality #
Confidentiality of Client Information
The Service Provider will keep Client information confidential and comply with GDPR regulations. This obligation extends beyond the termination of the agreement but does not cover information meant for public posting or information shared with consent for such purposes.
Confidentiality of Service Provider Information
The Client agrees to keep all confidential information of the Service Provider, including pricing, strategies, techniques, and social media growth secrets, strictly confidential. This obligation extends beyond the termination of this agreement.
6. Risk Management #
Force Majeure
The Service Provider is not liable for any failure to perform its obligations under this agreement if such failure results from events beyond its reasonable control, including natural disasters, pandemics, political unrest, or other unforeseeable circumstances. In the event of such occurrences, the Service Provider will promptly notify the Client and will make reasonable efforts to resume performance as soon as possible.
Technical Issues and Service Interruptions
In the event of service interruptions due to technical issues beyond the Service Provider’s control, the Service Provider will make reasonable efforts to help resolve the problem promptly. The Service Provider is not liable for any losses or damages resulting from such interruptions.
Data Breach and Security Incidents
In the event of a data breach or security incident, the Service Provider will promptly notify the Client, conduct a preliminary investigation to assess the breach and identify affected data, and take reasonable steps to contain the incident and secure the Client’s information. The Service Provider will also cooperate with the Client and any relevant authorities as needed. While the Service Provider will make reasonable efforts to address the breach, it will not be liable for any damages or losses resulting from the incident.
Indemnification
The Client agrees to indemnify and hold harmless the Service Provider, including its officers, directors, employees, and agents, from any claims, damages, liabilities, and costs (including reasonable attorneys’ fees) arising from the Client’s use of the services provided under this agreement.
Non-Solicitation
The Client agrees that, during the period in which this Agreement is active and for 6 months after its termination, they will not solicit, hire, or engage any employees or contractors of the Service Provider directly involved in providing services for the Client. This clause is intended to protect the Service Provider’s workforce and ensure the continuity of their operations.
7. Legal Notices and Disclaimers #
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
Dispute Resolution
The parties will first attempt to resolve disputes amicably. If unresolved, disputes will be submitted to mediation in London with a mutually agreed mediator. Mediation costs will be shared equally unless agreed otherwise.
Severability
If any provision of this agreement is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect.
Entire Agreement
This agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral, relating to the subject matter of this agreement.
8. Changes to Terms of Service #
Changes to Terms
The Service Provider reserves the right to update or modify these Terms of Service. Any significant changes will be communicated to the Client via email or through other direct means. Updates will be posted on this page, and the new Terms will apply from the date of publication. The Client is encouraged to review these Terms regularly. Continued use of the services after changes are made signifies acceptance of the updated Terms.
Notice Period for Significant Changes
In the event of significant changes that materially affect the services or the Client’s obligations, the Service Provider will provide at least 30 days’ notice before such changes take effect. The Client has the right to terminate the agreement without penalty if they do not agree with the revised Terms.