Terms and Conditions

The following terms and conditions apply to all social media marketing, strategy and management services provided by Where Next Kate to the Client. They constitute a valid and binding agreement between Where Next Kate and You, the Client, for any services provided or work offered.

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. Once a Client accepts a quote, the Client will be deemed to have read and accepted our terms and conditions. In doing so you, the Client, confirms that you have the authority to enter into this contract on behalf of yourself, your company or your organisation. Equally, Where Next Kate confirm to you we have the experience and ability to do everything agreed in the initial proposal and will conduct the work in a professional and timely manner.

2. Payment Terms

We issue invoices electronically upon confirmation of a job by the client. Invoices are typically due on receipt, and we take payment via BACS transfer. Upon confirmation of a job invoices will be issued along the following schedule: For new contracts, the first month will be paid up-front and invoiced monthly thereafter. Upon receipt of the first month’s fee, work will commence on the project (but not prior). The social media content will be designed and scheduled using the software specified in your quotation and requires Client approval before being scheduled to the agreed social media platforms. Once approved and scheduled, any changes will be charged pro rata at the hourly rate quoted in your quotation document. VAT is not chargeable. Accounts that remain unpaid thirty (30) days after the date of the invoice will be charged interest and compensation for debt recovery costs under late payment legislation. Interest will be charged at 8% above the Bank of England base rate on overdue balances. Where Next Kate reserves the right to place the Client’s account on hold if an invoice remains unpaid within 45 days of the original invoice date.

3. Additional Expenses

All additional expenses, such as content creation in the form of photo shoots, video shoots, library searches, stock imagery purchases, research time etc., unless specifically provided for in the quotation, will be billed to the Client in the monthly invoice.

4. Deadlines & Client Responsibility

Timescales for project commencement and a deadline for delivery will be provided to the Client within the proposal stage. Where Next Kate will use all commercially reasonable efforts to deliver the services within the times identified. In developing a project the Client will need to review content and provide feedback, and agrees to give said feedback within the time identified to either make further changes or approve. The Client further accepts responsibility to provide, in a timely manner, all content required for incorporation in to content design, and where necessary the procurement of any third-party decisions required for progression. The Client acknowledges that Where Next Kate’s ability to meet a deadline will often be entirely dependent on prompt replies to review by the Client. Any delay in schedule due to untimely Client feedback will not constitute a breach of any term or conditions under this agreement. Monthly social media content planning and scheduling will be deemed complete once the Client has signed off the work via email and an invoice will be sent at the end of each 4 week social media management period.

5. Access

In order to manage a project Where Next Kate will require access to edit, post to, and interact with other users on, the client’s social media profiles. With the Client’s prior approval and having completed a brand image and social media tone of voice meeting, Where Next Kate will post on behalf of the Client on the Client’s chosen social media profiles. The Client will provide appropriate access, which will include usernames and passwords. These details will be held securely in accordance with Clause 13.

6. Social Media Management

Social Media Management is defined as helping a client to promote their products or services through social media channels, and grow their following to improve their marketing capabilities. Where Next Kate will work with clients to define a package and scope of works for on-going management, and will honour the components of each package. Where Next Kate guarantees to work the agreed hours as defined within the agreed Social Media package. We will endeavour to meet the expectations and agreed milestones outlined within the project, but make no guarantees in delivering exact metrics (i.e. number of followers). In line with clause 4 above, Social Media Management is dependent on prompt supply of content (where applicable) by the Client.

7. Content

Content to be managed on social media profiles by Where Next Kate will be provided by the Client unless otherwise agreed. Additional content in accordance with Clause 3 will be billed to the Client in the monthly invoice.

8. Promotion

Where Next Kate reserves the right to present the Client’s social media profiles on Where Next Kate’s portfolio, and in other online or offline promotional mediums (i.e. Social Media, brochures), for marketing purposes.

9. Third Parties

Where Next Kate reserves the right to engage or use third parties or other service providers as independent contractors in connection with the services provided to the Client. Where third party service providers are engaged, Where Next Kate will be fully responsible for their compliance of the various terms of this Agreement.

10. Confidential Information

Throughout the course of a project both parties acknowledge that they may receive confidential information of the other party. Both sides agree to hold and maintain in strict confidence all such confidential information and not disclose to any third parties, except as is required in order to perform the duties in rendering services to the client, or as required by a court or government authority.

11. Intellectual Property Rights

The Client confirms to Where Next Kate: - The Client either owns or has obtained appropriate license for use to all elements provided by the client for inclusion in the social media content design, including but not limited to text copy, typography, images, videos or other artwork - All content provided by the Client, to the best of their knowledge, does not infringe the rights of any third party - The Client indemnifies Where Next Kate to any claims of intellectual property violation from a third party in relation to any elements provided by the Client to Where Next Kate. Where Next Kate confirms to the Client:- All elements of works we delivered to you by Where Next Kate are either owned by Where Next Kate or we have obtained the relevant permissions and licensing requirements to deliver them to the Client within their project. – Where Next Kate indemnifies the client to any claims of intellectual property violation from a third party in relation to any elements provided by Where Next Kate to the Client.

12. Copyright

On receipt of payment of each invoice, copyright to the data, files and visual elements we have created for the project will be assigned to the Client, and all relevant files will be provided to the client for safe storage. Anything that has been created but unused within the client’s final project will remain the property of Where Next Kate, and may be utilised in future work, within the confines on non-copyright infringement of the material produced for the previous client.

13. Liability

All work will be carried out in accordance to industry practice and at a high professional standard. However, no guarantees are given that the work provided by Where Next Kate will be error-free. Where Next Kate excludes itself from all and any liability from lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or services delivered by Where Next Kate under this agreement. Where Next Kate’s total liability to the Client in respect of any claim whatsoever or breach of this agreement shall be limited to the charges payable under this agreement.

14. Jurisdiction

This Agreement shall be governed and construed in accordance with the laws of England and Wales and the High Court of Justice in London shall be the exclusive Court of Jurisdiction.