Terms and conditions

1. Introduction

Welcome to TheSparkAgency, These Terms and Conditions govern your use of our services. By engaging with our services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our services.

2. The Services

The services can be divided into two parts, the setup services and the ongoing management services. Both types of services are detailed below:

As part of the setup services, the company will: Setup, prepare and thoroughly test the Facebook advertising campaign before going live.

This will be done by:

Setup Facebook Business manager & Optimize Facebook Business Page;
Setup Retargeting Campaigns;
Setup Marketing Automation System text & email;
Setup Call Tracking;
Create Custom Made Ad Campaigns (Copywriting, Images, Audiences and Ads)

As part of the monthly ongoing management services, the company will: Manage and optimize the ongoing Facebook advertising campaign. This will be done by:

6. Manage and optimize the Facebook campaign daily;

7. Manage and optimize the retargeting campaigns daily;

8. Forward leads (calls & opt-ins) to client;

9. Building your online store;

10. Connecting the store with the supplier (chatting with him and make the deal);

11. Create a store application;

3. Payment Terms

3.1 Fees

The fees for our services are outlined in the proposal or contract. All fees are due as specified in the payment schedule unless otherwise agreed in writing.

3.2 Invoicing

Invoices will be issued according to the agreed schedule. Payments are due within [number] days of the invoice date unless otherwise specified.

3.3 Late Payments

Late payments may incur a late fee of 20% per month. We reserve the right to suspend services until the account is brought current.

4. Client Requirements

Client agrees to provide the following items in the time frame stated:

Provide required intake info requested through on-boarding call or survey.
Provide the Company with requested photos and videos for ads.
After 30 days of no contact from Client to The Company, The company will assume Client is no longer in need of The Company’s services, and The Company may terminate the Agreement; in this event, all unpaid fees will be due and collectable at the time of termination.

5. Ownership

The Company shall retain the creative rights to all original materials, data and similar items, produced by The Company hereunder in connection with the Services under this agreement. All services and software used by The Company shall at all times be the sole property of The Company and under no circumstances shall Client have any interest in or rights to the title to such materials, or software. Client acknowledges that The Company may use and modify existing materials for Client’s benefit and that Client holds no rights to such materials.

6. Termination

This agreement may not be terminated prior to [CONTRACT TIME PERIOD] after the date shown above by either party. In the event that the Client desires to terminate the Services hereunder, the Client must submit a written request to The Company at least seven (7) days prior to the desired date of termination. Written requests to terminate may be made by e-mail. If Client chooses to terminate this agreement in writing, all monies owed to The Company will be due immediately and will be automatically charged to the Client’s payment method on file. Under no circumstances will The Company give refunds of the amount paid for the Services hereunder

7. Proprietary Information and Use of Materials

A. Except as provided elsewhere in this Agreement, all information disclosed by one Party to the other Party, shall be deemed to be confidential and proprietary (“Proprietary Information”). Such Proprietary Information includes, without limitation, information regarding marketing, sales programs, sales volume, sales conversion rates, sales methods and processes, sales proposals, products, services, vendors, customer lists, training manuals, sales scripts, telemarketing scripts, names of investors, and customer information, operating procedures, pricing policies, strategic plans, intellectual property, information about a Party’s employees and other confidential or Proprietary Information belonging to or related to a Party’s affairs. The receiving Party acknowledges and agrees that in any proceeding to enforce this Agreement it will be presumed that the Proprietary Information constitutes protectable trade secrets, and that the receiving Party will bear the burden of proving that any portion of the Proprietary Information was publicly or rightfully known and disclosed by the receiving Party. The Parties, their employees, subsidiaries, affiliates, agents, and assigns agree to hold all Proprietary Information, regardless of when or how disclosed, in strict confidence and with not less than the same degree of care that they provide for their own confidential and proprietary information. The Parties warrant and represent that the degree of care contemplated herein is adequate and the Parties will take any and all steps reasonably necessary to preserve such Proprietary Information.

B. Nothing in this Agreement shall prohibit or limit the receiving Party’s use of information that can be demonstrated as: (a) previously known to the receiving Party, (b) independently developed by the receiving Party, (c) acquired from a third party not under similar nondisclosure obligations to the disclosing Party, or (d) acquired through the public domain through no breach by the receiving Party of this Agreement.

C. License. Client grants The Company a limited, non transferable, nonexclusive license to copy, use, store, set up, publicly display, publicly perform and transmit any trade names, trademarks, service marks, copyrights, content, text, images, software, functionality, page and other design and layout, media and other materials therein and solely in connection with creation of the Campaign and direct response marketing in accordance with this Agreement. Other than as specifically provided herein, the Parties, their employees, subsidiaries, affiliates, agents and assigns, shall make no disclosure of any Proprietary Information without the express written consent of the other Party. In addition, neither Party shall use the Proprietary Information for any purpose other than purposes related to their business relationship as laid out in this Agreement. In the event that the receiving Party is required by applicable law, rule, regulation or lawful order or ruling of any court, government agency or regulatory commission to disclose any Proprietary Information, the receiving Party understands that the disclosing Party may desire to seek an appropriate protective order or take steps to protect the confidentiality of such Proprietary Information. Consequently, the receiving Party agrees that it will provide the disclosing Party with prompt notice of such request(s).

D. Portfolio Release. Client agrees that The Company has the right to use materials created pursuant to this Agreement for The Company’s portfolio, samples, self-promotion including advertising for The Company’s business including without limitation Facebook or Instagram, or any other social media platform. In the event Client wishes to exclude some specific materials from the release under this paragraph, or to limit the time period of such release, The Company and Client may agree in writing to such limitation.

E. Remedies. The Parties acknowledge that the Proprietary Information exchanged is valuable and unique and that disclosure in breach of this Agreement will result in irreparable injury to the adversely affected Party, for which monetary damages, on their own, would be inadequate. Accordingly, the Parties agree the adversely affected Party shall have the right to seek an immediate injunction enjoining any such breach or threatened breach of the Agreement.

8. Limitation of Liability

The Company shall not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or nonperformance of the Services. Client agrees that, in the event The Company is determined to be liable for any such loss, Client’s sole remedy against The Company is limited to a refund of payments made by Client for said Services, less expenses paid to subcontractors or to third parties. The Company is not responsible for errors which result from faulty or incomplete information supplied to The Company by Client. Client also agrees to not seek damages in excess of the contractually agreed upon limitations directly or indirectly through suits by or against other parties. The Company shall not be liable to Client for any costs, damages or delays due to causes beyond its control, expressly including without limitation, unknown site characteristics; changes in policies, changes in terms of services.

9. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be posted on our website, and it is the client’s responsibility to review the Terms periodically.

10. Contact Information

For any questions about these Terms, please contact us.