TERMS AND CONDITIONS – SOCIAL MEDIA MANAGEMENT SERVICES
1. Parties
This Agreement is between The Socialista Pty Ltd (ACN 648 547 255) trading as The Socialista (“The Socialista”) and The Client (“You” or “Your”). By engaging The Socialista to provide services, or by continuing to work with The Socialista after receiving these Terms and Conditions, You agree to be bound by this Agreement.
2. Commencement and Term
2.1 Services commence on the agreed start date between the parties. 2.2 Social Media Management Services require a minimum commitment period of six (6) months. 2.3 Following the initial six (6) month term, services continue on an ongoing basis until terminated with 30 days’ written notice. 2.4 After the initial six (6) month period, package changes may be made by written agreement.
3. Services
3.1 The Socialista provides ongoing Social Media Management Services, which may include content curation and strategy, caption writing, hashtag research, scheduling and posting, basic graphic creation, and content planning and optimisation. 3.2 Services are delivered online. 3.3 Curated content will be delivered via Dropbox or another nominated platform.
4. Content Curation & Approval
4.1 The Socialista will curate photos, videos, captions, hashtags and related content (“Curated Content”) and seek client approval prior to posting. 4.2 You are responsible for approving all aspects of the Curated Content including spelling, grammar, layout, audio and song selections. 4.3 One (1) round of revisions is included. 4.4 Additional revisions are charged at $180 + GST per hour. 4.5 The Socialista is not responsible for errors following final approval. 4.6 If approval is not provided before the scheduled posting date, The Socialista may publish content without approval and will not be liable for errors or omissions.
5. Posting
5.1 You agree to provide all necessary account access for posting. 5.2 Posting times will be agreed between 8:00am–10:00am AEST or 4:00pm–8:00pm AEST. 5.3 Requests to change posting schedules require a minimum of fourteen (14) days’ notice and are subject to approval. 5.4 Weekend posting may incur an additional fee of $60 per post. 5.5 You agree to provide important dates, campaigns and promotions at least four (4) weeks in advance.
6. Fees
6.1 Fees for Social Media Management Services are: Initial Strategy Fee $500 + GST; Monthly Management Fee $1,100 + GST per month. 6.2 Additional Fees: Additional revisions $180 + GST per hour; Calls or meetings outside scope $250 + GST per hour. 6.3 All fees are payable monthly in advance. 6.4 Invoices are issued in Australian Dollars (AUD) and are GST exclusive unless stated otherwise.
7. Payment Terms
7.1 Payment must be made by the due date stated on each invoice. 7.2 The Socialista reserves the right to suspend or revoke services where payment is not received. 7.3 Late payments may incur interest at a rate of 5% per annum, calculated daily. 7.4 If any invoice remains unpaid after the due date, The Socialista reserves the right to escalate the outstanding amount to a debt collection agency without further notice. 7.5 You agree that all debt recovery costs, collection fees, legal expenses and associated charges incurred by The Socialista in recovering outstanding monies will be payable by You. 7.6 You acknowledge The Socialista is not responsible for any third-party processing fees, transaction fees or currency conversion costs.
8. Cancellations and Termination
8.1 Services require a minimum six (6) month commitment. 8.2 If You terminate within the minimum term, all remaining fees for that period remain payable in full. 8.3 After the initial term, thirty (30) days written notice is required to terminate services. 8.4 The Socialista may terminate this Agreement at any time. You agree to pay for services completed up to the termination date. 8.5 Refunds will only be provided where The Socialista is unable to continue delivering the Services.
9. The Socialista’s Obligations
The Socialista agrees to perform the Services with due care, skill and in accordance with industry standards.
10. Client Obligations
10.1 You agree to provide all required content and information in a timely manner. 10.2 You are responsible for all social media account costs and related expenses. 10.3 You warrant that all content supplied is owned by You or licensed for use, does not infringe third-party rights, is lawful and not misleading, and does not contain harmful, defamatory or unlawful material. 10.4 You indemnify The Socialista against all claims arising from content supplied by You.
11. Intellectual Property
11.1 Upon full payment, ownership of final delivered content transfers to You. 11.2 You grant The Socialista a non-exclusive, royalty-free licence to use non-identifying work for portfolio and marketing purposes.
12. Results Disclaimer
12.1 The Socialista makes no guarantees regarding engagement, reach, audience growth, revenue or business outcomes. 12.2 Results vary due to factors beyond The Socialista’s control.
13. Australian Consumer Law
Services are provided subject to guarantees that cannot be excluded under Australian Consumer Law.
14. Force Majeure
The Socialista will not be liable where services cannot be delivered due to circumstances beyond reasonable control, including natural disasters, pandemics, technical failures or government restrictions.
15. Limitation of Liability
The Socialista’s liability is limited to the re-supply of the Services.
16. Confidentiality
Both parties agree to maintain confidentiality regarding sensitive business information disclosed during the engagement.
17. General
17.1 No partnership or agency relationship is created. 17.2 The Socialista may subcontract parts of the Services at its discretion. 17.3 Communication may occur via email, Dropbox or other agreed platforms.
18. Governing Law
This Agreement is governed by the laws of New South Wales, Australia.
19. Dispute Resolution
Parties agree to attempt good-faith negotiation and mediation before commencing legal proceedings.
20. Severability
If any part of this Agreement is unenforceable, the remaining provisions remain in effect.
21. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions or understandings.