SOCIAL MEDIA TERM AND CONDITIONS
These terms and conditions (“Terms of service”) govern your access to and use of Business Marketing Services Ltd Services, management tools, software, applications, account management tools (collectively “Services”), and any and information, text, graphics, photos or other materials uploaded, downloaded, or used by the Services (collectively “Content”). By accessing and using the Services, you are agreeing to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you are not allowed to use the Services. Wherever used in these Terms of Service, “you”, “your” or similar terms mean the company, person or legal entity utilizing or accessing the Services.
From time to time, Business Marketing Services Ltd may update and change the Terms of Service without notice. As a user of Business Marketing Services Ltd, your continued use of the Service after any such changes shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms of Service.
Overview of terms
- Business Marketing Services Ltd reserve the right to change the Services or stop providing them (temporarily or permanently) at any time and from time to time without notice.
- Business Marketing Services Ltd has no control over the policies of Facebook, Twitter, YouTube, LinkedIn and all other social media channels being utilized for campaigns. Business Marketing Services Ltd has no say with respect to the type of content that social media channels accept now or in the future.
- You acknowledge that Business Marketing Services Ltd makes no warranty that the Social Media Campaign will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose.
- You guarantee any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Business Marketing Services Ltd for inclusion in any campaigns are owned by you, or that you have received permission from the rightful owner(s) to use each of the elements.
- Minimum term of any service is one month. Cancellations of any ongoing Social Media Services must be made in writing by mail, fax or email. If Business Marketing Services Ltd does not receive notification that the campaign should be stopped after the one-month period in writing, you agree that Business Marketing Services Ltd will continue working and payments will continue to be made.
- There are no refunds available on services provided by the Business Marketing Services Ltd.
- No liability whatsoever (except as provided by law) will be accepted by Business Marketing Services Ltd for any damages or losses arising from or as a consequence of the provision of the Services or any other act or default on the part of Business Marketing Services Ltd or of any servant, agent or contractor of Business Marketing Services Ltd in relation to this agreement and the Services unless the same occurs because of the negligence of Business Marketing Services Ltd, its servants, agents or contractors in which case liability is limited to resupplying the Services again or a refund of the fees paid by you in the previous 1 month as elected by Business Marketing Services Ltd.
- Nothing in this agreement is intended to limit or exclude any liability on the part of Business Marketing Services Ltd where and to the extent that applicable law prohibits such exclusion or limitation.
- Business Marketing Services Ltd reserves the right to reject or discontinue the social media services where we are unable to provide the services due to technical, ethical, legal, or other matters. Where applicable, Business Marketing Services Ltd will refund your money for any services not yet rendered.
- This Agreement shall be governed by the laws of The United Kingdom.
- A Business Marketing Services Ltd account requires your valid email address and full name, you must then provide your legal full name, a valid email address, and any requested information in order to complete the account sign-up process.
- As a Reseller using Business Marketing Services Ltd, you are responsible for your own account you may provide limited access for sub-agents and staff, and customers of resellers who have access must also adhere to these terms or service and will be required to agree during their first time access to the Business Marketing Services Ltd service.
- You are responsible for maintaining the security of your account login information and for any activities or actions occurring under your account. Business Marketing Services Ltd encourages you to use a “strong” password (passwords that use a combination of upper- and lower-case letters, numbers and symbols) for your account. Business Marketing Services Ltd will not be responsible for any loss or damages resulting from your failure to comply with this obligation.
- Each account login is designed for use by one person. You may share your login details but must accept full responsibility for the actions of each person who has access to the Business Marketing Services Ltd Services.
- Whilst Business Marketing Services Ltd makes every attempt to check unlawful content, Business Marketing Services Ltd cannot be responsible for the Content accessed or made available to others through the Services.
- Business Marketing Services Ltd has the rights to refuse or remove any Content that is available via the Services. Business Marketing Services Ltd may (but has no obligation to) remove Content and accounts containing Content that Business Marketing Services Ltd determines in its sole discretion to be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive (including Content that Business Marketing Services Ltd determines in its sole discretion to: (a) be libelous, defamatory, pornographic, obscene, or otherwise objectionable; or (b) violate any party’s intellectual property).
- Business Marketing Services Ltd does not permit verbal, physical, written or other abuse (including threats of abuse or retribution) of any Business Marketing Services Ltd customer, employee, member, or officer. Engaging in any such behaviour may at Business Marketing Services Ltd sole discretion result in the immediate termination or your account.
- You must not upload, post, host, transmit or otherwise make available to others unsolicited email, SMSs, or “spam” messages through the Services.
- You must not transmit or otherwise make available to others any worms or viruses or any code of a destructive nature (“Viruses”) through the Services.
Use and restrictions
- You may only use the Services to: (a) access Content on Business Marketing Services Ltd website; and (b) access, manage and obtain information about your accounts with Third Party Service Providers in accordance with these Terms of Service and any terms specified by the Third Party Service Providers.
- You may not access or search or attempt to access or search the Services by any means (automated or otherwise) except through Business Marketing Services Ltd platforms and software.
- You may not use the Services for any illegal or unauthorized purpose, including in any way that violates copyright or other laws.
- You may not use the Services in a way that is detrimental to the operation of the Services or the access or use of the Services by anyone else. This restriction applies to any use that interferes or attempts to interfere with the normal operations of the Services, including by hacking, deleting, augmenting or altering the Services or any Content.
- You may not, without Business Marketing Services Ltd prior written permission (including the permissions granted by these Terms of Service): (a) copy, distribute, modify, enhance, translate, reproduce; (b) decompile, disassemble, reverse engineer, or copy source code; (c) modify another website so as to falsely imply that it is associated with the Services, Business Marketing Services Ltd or any other Business Marketing Services Ltd products or services.
- If you are purchasing Services from Business Marketing Services Ltd, you must provide Business Marketing Services Ltd with a valid credit card or Direct Debit details.
- Purchased Services are billed in advance on a monthly basis and are non-refundable. This means that there will be no refunds for partial months of service, or for months where the Services were unused.
- All fees are exclusive of taxes, levies, withholdings or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, withholdings or duties in addition to the fees.
- You must fill out your correct province/state and country so that Business Marketing Services Ltd can understand its obligations to applicable taxation authorities.
Modifications to the services and prices
- Business Marketing Services Ltd may change the Services at any time and from time to time without notice. Any changes to the Services, including releases of new features, tools or resources, shall be subject to these Terms of Service. Business Marketing Services Ltd may also stop (temporarily or permanently) providing the Services (or any part of the Services) to you or to its customers generally without prior notice.
- Prices of all Services, including but not limited to monthly subscription plan fees for Services, are subject to change upon 30 days notice from Business Marketing Services Ltd. Such notice may be provided at any time by posting the changes on Business Marketing Services Ltd website (currently located at www.bmsmarketingltd.co.uk).
- Business Marketing Services Ltd shall not be liable to you or to any third party for any change to the Services, price change, suspension or discontinuance of the Services.
Cancellation and termination
- If you choose to cancel your account, you are solely responsible for doing so properly. The current account cancellation procedure is as follows: Contact your account manager and confirm cancellation in writing (email is acceptable).
- Your cancellation will take effect immediately, Business Marketing Services Ltd will store your most recent content for a period of no less than 30 days of cancellation, after this 30 day period, Business Marketing Services Ltd will delete all of your Content from the Services.
- Business Marketing Services Ltd does not accept any responsibility for loss of Content due to account cancellation.
- Business Marketing Services Ltd, in its sole discretion, has the right to suspend, terminate or restrict your access to the Services, or any other Business Marketing Services Ltd service, for any reason and at any time. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the deletion of all Content on your account. Business Marketing Services Ltd reserves the right to refuse to provide the Services to anyone for any reason at any time.
- The provisions regarding “Use and Restrictions”, “Payment Matters”, “Cancellation and Termination”, “Ownership”, “Disclaimer and Limitation of Liability” and “General” and any provisions which by their nature survive, shall survive the termination of these Terms of Service.
Ownership and licenses
- Business Marketing Services Ltd and its licensors retain title to and ownership of all rights (including copyright, trade-mark, patent, trade secret and all other intellectual property rights) in and to the Services and Business Marketing Services Ltd Content. You acquire no rights whatsoever to all or any part of the Services except for the limited use rights granted by these Terms of Service. All rights not expressly granted to you are reserved to Business Marketing Services Ltd and its licensors.
- We claim no intellectual property rights over the Content made available to others through your account. Additionally, your profile and other Content you provide to Business Marketing Services Ltd in connection with the Services remain yours. However, by making that Content available to others through the Services, or providing it to Business Marketing Services Ltd through the Services, you grant Business Marketing Services Ltd a worldwide, non-exclusive, royalty-free, fully paid up license (with a right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content through any or all media or distribution methods (whether now known or hereafter developed). You also acknowledge that the purpose of the Services is to access the services of Third Party Service Providers, and that as a result you are agreeing to grant to Business Marketing Services Ltd any and all other rights you grant to applicable Third Party Service Providers.
- By posting any public media using the Business Marketing Services Ltd Service, you agree that you are following the relevant terms and conditions of the Third Party Service Provider you are linking to.
Disclaimer and limitation of liability
THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. BUSINESS MARKETING SERVICES LTD DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, CURRENCY, OR TIMELINESS OF THE SERVICES. BUSINESS MARKETING SERVICES LTD DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY INCOMPLETENESS, ERRORS, SECURITY, VIRUSES, BUGS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS IN, OR INTERRUPTIONS IN THE OPERATION OF, THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, BUSINESS MARKETING SERVICES LTD DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SERVICES ARE OR WILL BE SECURE, COMPLETE OR FREE OF ERRORS, VIRUSES, BUGS, PROBLEMS OR OTHER LIMITATIONS OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. BUSINESS MARKETING SERVICES LTD DISCLAIMS ALL LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT), PRODUCT LIABILITY, STRICT LIABILITY, STATUTORY LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR ANY OTHER LEGAL THEORY, FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION ANY (I) DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGE, (II) LOST PROFITS OR SAVINGS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF PROGRAMS OR DATA (INCLUDING ANY CONTENT), (V) LOST REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS, (VI) LOSS OF USE, (VII) PERSONAL INJURY, (VIII) FINES, FEES, PENALTIES, OR (VI) ANY OTHER LOSSES OR DAMAGES WHETHER OR NOT BUSINESS MARKETING SERVICES LTD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SERVICES.
- Technical support is only provided to paying account holders and is only available during United Kingdom standard business operating hours, currently Monday, Tuesday, Wednesday, Thursday, Friday 9am to 5pm GMT.
- You understand that Business Marketing Services Ltd uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
- You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- The failure of Business Marketing Services Ltd to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Business Marketing Services Ltd and governs your use of the Services, superseding any prior agreements between you and Business Marketing Services Ltd (including, but not limited to, any prior versions of the Terms of Service). A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Subject to Business Marketing Services Ltd ability to amend these Terms of Service, they cannot be changed.
- If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Service and such determination shall not affect the remaining provisions contained herein.
- You may not assign these Terms of Service or any of your rights or obligations under these Terms of Service to a third party. Subject to the foregoing, these Terms of Service shall ensure to the benefit of and be binding upon you and Business Marketing Services Ltd and their respective successors (including any successor by reason of amalgamation) and assigns.
- You agree that if you sue Business Marketing Services Ltd and do not obtain judgment in your favour, you will pay all of Business Marketing Services Ltd costs, including reasonable fees for in-house and outside legal counsel.
- These Terms of Service are governed by the laws of England and Wales, without giving effect to any principles of conflicts of laws contained therein, and all disputes or other matters arising out of this License will be dealt with by a court of competent jurisdiction in England. These laws apply to your access to or use of the Services, notwithstanding your domicile, residency or physical location.