Services Provided
Nevin Sunny offers freelance digital marketing services, including but not limited to:
- Paid Media Management
- Social Media Marketing
- Web Development Sevices
Client Responsibilities
Clients must provide all necessary materials and access required for marketing campaigns. Delays in providing these may impact delivery times.
Payment Terms
All invoices are due within 30 days of receipt unless otherwise agreed upon. Late payments will incur interest in line with UK legislation.
Cancellation
A 30-day notice is required for cancellation of ongoing services.
Liability
Nevin Sunny will not be held liable for any indirect or consequential losses. Liability is capped at the value of the services provided.
Terms of Service
Nevin Sunny is committed to providing all participants in the agreement with a positive experience. Thus,
Nevin Sunny may, at its sole discretion, limit, suspend, or terminate this agreement if the Client becomes disruptive and/ or demonstrates inappropriate or abusive behaviour towards
Nevin Sunny and/ or its representatives, fails to follow program guidelines, or impairs
Nevin Sunny’s ability to perform services.
Liability
Nevin Sunny is not liable if the Client’s ad account, profile, or business page is disabled, deactivated, or banned by
primary platform and/ or other web-based platforms, if that platform does not approve our ads, forces us into the special ads category, or otherwise prevents us from providing service. The Client understands that as the account holder, they are responsible for filing appeals with platform under such circumstances as named in the paragraph above, under
Nevin Sunny’s guidance and advice.
In no event shall either party be liable to the other party, or be deemed to have breached this
agreement, for any failure or delay in performing its obligations under this agreement (except for
any obligations to make payments for services already rendered), if and to the extent such
failure or delay is caused by any circumstances beyond either party’s reasonable control,
including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism,
invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial
disturbances, or passage of law or any action taken by a governmental or public authority,
including imposing an embargo.
Ad Spend
The Client hereby agrees to invest a minimum of
amount in monthly ad spend.
Agency name
reserves the right to spend less than the entirety of the Client’s approved monthly ad budget, if we
determine it to be in the Client’s best interest according to proven strategies and best practice.
Cancellation Policy:
If for any reason the Client chooses not to renew services at the end of the term of
agreement, they must submit written email notification of their intent not to proceed to
your
support email no later than 7 days before the renewal date.
In addition, the Client agrees to complete our off-boarding form and participate in a 30-minute
exit interview with a
Nevin Sunny representative to assist us in improving our service. Failure to
comply with our cancellation policy may result in our inability to deliver a refund if payment goes
through before cancelling.
Privacy & Confidentiality
No part of the Client’s confidential and proprietary information, ideas, business plans, and trade secrets (collectively “Confidential Information”) shall be shared outside of
Nevin Sunny without the Client’s express knowledge and approval.
Nevin Sunny has no right and license to use any of the Client’ s data, assets, or materials outside the term of the agreement, and only to the extent necessary to provide the services to the Client.
The reproduction, distribution, and sale of
Agency name’s strategies, assets, and materials by
anyone but
Nevin Sunny is strictly prohibited. The Client shall not infringe any of
Agency
name‘s copyright, patent, trademark, trade secrets, or other intellectual property rights.
All provided materials, assets, strategies, and Confidential Information shared by
Agency name
and/ or its representatives belong solely and exclusively to
Agency name, and may only be used
by the Client as authorized by
Agency name.
Video and phone calls will be recorded for quality and training purposes. The Client may request
access and view recorded calls at any time during the term of service.
Nevin Sunny reserves
the right to distribute excerpts of recorded calls and proof of campaign results in our internal
marketing campaigns for testimonial purposes.
Terms of Sale
You, the Client, hereby ratify your understanding that all program sales are final,
non-refundable, and waive any right to file a chargeback on your authorized payment with your
credit card processor.
Upon severance of the relationship between
Nevin Sunny and the Client, each party shall
return to the other party all documents and materials tangible and intangible containing,
reflecting,incorporating, or based upon the other party’s Confidential Information, and certify
their compliance with the requirements of this clause in writing to the other party. All ads,
campaigns & intellectual property created by the
Nevin Sunny will be deleted from the
Client’s ad account under circumstances of non-payment as per the terms of this agreement.
This agreement constitutes the complete and exclusive agreement between
Nevin Sunny and you, the Client. It supersedes all prior written and/ or oral statements, conditions, obligations, representations, or warranties. This agreement will be governed by the laws of
your state, province et al, notwithstanding any principles or conflicts of law which may otherwise require the application of the law of another jurisdiction. You consent to the exercise of personal jurisdiction by any such court with respect to any such proceeding.
BOTH PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL.
Data Protection Compliance: Both parties agree to comply with all applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, in relation to any personal data shared under this Agreement.
Data Sharing Obligations
- Purpose of Data Sharing: The Provider will share personal data with the Client solely for the purpose of lead generation as outlined in this Agreement.
- Data Accuracy: The Provider warrants that the personal data shared is accurate and up-to-date to the best of their knowledge at the time of sharing.
Data Security
Both parties shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including but not limited to:
- Encryption of personal data in transit and at rest.
- Regular testing, assessment, and evaluation of the effectiveness of security measures.
- Measures to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident.
Data Subject Rights
Each party shall assist the other in complying with their respective obligations to respond to requests from data subjects exercising their rights under the UK GDPR, including but not limited to:
- Right of access.
- Right to rectification.
- Right to erasure.
- Right to restrict processing.
- Right to data portability.
- Right to object to processing.
Data Breach Notification
In the event of a data breach involving shared personal data, the party discovering the breach shall notify the other party without undue delay and shall provide reasonable assistance to facilitate the other’s compliance with any applicable breach notification requirements.
Liability and Indemnification:
- Each party shall be liable for any breach of this clause and shall indemnify the other party against any claims, damages, or expenses arising from its own breach of the UK GDPR.
- This indemnity shall include any fines or penalties imposed by a supervisory authority and any legal costs incurred in defending any claim brought by a data subject.
Termination and Return/Deletion of Data: Upon termination of this Agreement, each party shall, at the request of the other, return or securely delete all personal data shared under this Agreement, unless otherwise required by law to retain such data.
Governing Law: This clause and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of England and Wales.