Terms & Conditions
Terms and Conditions for Social Media Marketing Services
Effective Date: 29/09/2025
These Terms and Conditions (“Terms”) govern the provision of social media marketing and growth services (“Services”) by Mally (“Agency,” “we,” “us,” or “our”) to the client identified in the accompanying Service Agreement or Proposal (“Client” or “you”).
1. Acceptance of Terms
By accepting a Proposal, signing a Service Agreement, or otherwise engaging the Agency to provide Services, you agree to be bound by these Terms, which constitute a legally binding agreement between you and the Agency.
2. Scope of Services
The specific scope of the Services, including platforms covered, content volume, advertising budget management, and deliverables, shall be clearly outlined in a separate written Proposal or Service Agreement (“Agreement”).
2.1. Deliverables: The Agency will use commercially reasonable efforts to deliver the Services as specified in the Agreement. You acknowledge that marketing results, including follower growth, engagement rates, and conversions, are not guaranteed and depend on factors outside the Agency’s control.
2.2. Client Cooperation: The Client agrees to provide timely access to all necessary accounts (including social media, advertising, and analytics platforms), brand assets, logos, and information required for the Agency to perform the Services. Delays caused by the Client may result in timeline adjustments.
3. Financial Terms and Payment
3.1. Fees: The fees for the Services are specified in the Agreement. All fees are exclusive of any sales tax, duties, or government charges, which shall be the sole responsibility of the Client.
3.2. Payment Schedule: Invoices are issued on a Bi-Weekly basis and are due net 15 days from the invoice date. Services may be paused or terminated if payment is not received by the due date.
3.3. Advertising Spend: If the Services include paid advertising, the media spend budget is separate from the Agency’s management fees and will be paid directly by the Client to the respective advertising platforms (e.g., Meta, TikTok). The Agency will manage the budget but is not responsible for paying it.
4. Refund Policy
4.1. Non-Refundable Services: Due to the bespoke nature of creative, strategic, and consulting work, all fees paid for services already rendered or initiated are strictly non-refundable. This includes time spent on strategy development, content creation, ad setup, and community management, even if the Client chooses to terminate the Agreement early.
4.2. Results: As noted in Section 2.1, the Agency does not guarantee specific marketing results (e.g., follower count, sales). Dissatisfaction with campaign performance is not grounds for a refund.
4.3. Advertising Spend: Funds paid by the Client directly to advertising platforms (e.g., Meta, Google) are governed by the platforms’ respective refund policies and are not refundable by the Agency.
4.4. Pre-Paid Services: If the Client pays for a future term of service in advance (e.g., a multi-month retainer) and terminates the agreement before the service period begins, the Agency may offer a partial refund, minus a 30£ administrative fee and any costs incurred preparing for the service.
4. Ownership and Intellectual Property
4.1. Agency IP: The Agency retains ownership of all intellectual property created prior to or independently of this Agreement, including but not limited to, proprietary methodologies, tools, templates, and analytics frameworks.
4.2. Content Ownership: Upon final and full payment for the Services, any custom content (including copy, graphics, and video files) specifically created for the Client as part of the Services shall become the exclusive property of the Client. The Agency retains a right to use such content in its portfolio and marketing materials.
4.3. Client IP: The Client warrants that it owns or has the necessary rights to use all logos, trademarks, and source materials provided to the Agency. The Client indemnifies the Agency against any claims arising from the use of such materials.
5. Term and Termination
5.1. Term: These Terms remain in effect for the duration of the Agreement. If the Agreement specifies a fixed term, it will automatically renew for a successive term of the same duration unless either party provides written notice of non-renewal at least [e.g., 30] days prior to the expiration of the current term.
5.2. Termination for Cause: Either party may terminate the Agreement immediately upon written notice if the other party commits a material breach of these Terms and fails to remedy that breach within 15 days of receiving written notice.
5.3. Payment Upon Termination: If the Agreement is terminated, the Client must pay for all Services rendered up to the termination date and reimburse the Agency for any non-cancellable commitments (e.g., pre-booked advertising placements).
6. Confidentiality
Both parties agree to treat all non-public, proprietary information shared during the course of the Services as confidential. This obligation remains in effect for [e.g., two years] after the termination of the Services.
7. Limitation of Liability and Indemnification
7.1. Limitation of Liability: In no event shall the Agency be liable for any indirect, incidental, consequential, special, or punitive damages. The Agency’s total liability under this Agreement shall not exceed the total fees paid by the Client to the Agency during the three (3) month period immediately preceding the event giving rise to the claim.
7.2. Indemnification: The Client agrees to defend, indemnify, and hold harmless the Agency from any claims, damages, liabilities, and expenses (including attorney's fees) arising out of the Client’s products, services, or business activities.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of United Kingdom.
9. Miscellaneous
9.1. Entire Agreement: These Terms, together with the Proposal or Service Agreement, constitute the entire agreement between the parties.
9.2. Modifications: The Agency reserves the right to update these Terms at any time. Any changes will be communicated to the Client in writing and will become effective upon acceptance or renewal of the Service Agreement.