Terms and Conditions

TERMS AND CONDITIONS

Last Updated: 23rd Oct 2025

1. INTRODUCTION

Welcome to freelancesocialmediamanagers.com. These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you ("Client," "you," or "your") and Freelancesocialmediamanagers.com ("Company," "we," "us," or "our"), a company registered in Singapore.

These Terms govern your access to and use of our website at freelancesocialmediamanagers.com (the "Website") and our freelance social media management services (the "Services").

By accessing our Website, creating an account, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Website or Services.

If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms. In such case, "Client" or "you" shall refer to such entity.

2. DEFINITIONS

"Account" means the registered account you create to access and use our Services.

"Client Content" means all materials, information, data, text, images, videos, brand guidelines, logos, trademarks, and other content provided by the Client to the Company for use in connection with the Services.

"Confidential Information" means any non-public information disclosed by either party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

"Deliverables" means all content, materials, reports, and other work product created by the Company in the course of providing the Services.

"Fees" means the charges payable by the Client for the Services as set out in the applicable Service Plan or Statement of Work.

"Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, and other intellectual property rights.

"Service Plan" means the specific package of Services selected by the Client, including the scope, frequency, and pricing of such Services.

"Services" means the social media management services provided by the Company, including but not limited to content creation, scheduling, publishing, community management, analytics reporting, and related services.

"Social Media Platforms" means third-party social media platforms including but not limited to Facebook, Instagram, LinkedIn, X (formerly Twitter), TikTok, Pinterest, YouTube, and other social networking services.

"Statement of Work" or "SOW" means a document specifying the particular Services to be performed, deliverables, timelines, and associated Fees.

"Term" means the duration of this Agreement as specified in Section 14.

3. SERVICES

3.1 Description of Services

We provide freelance social media management services, which may include:

Social media strategy development and consultation
Content creation (including graphics, copy, and video content)
Content scheduling and publishing
Community management and engagement
Social media advertising management
Analytics and performance reporting
Account setup and optimization
Influencer outreach and collaboration
Crisis management and reputation monitoring
Training and consultation services

3.2 Service Plans

Services are provided according to the Service Plan or Statement of Work agreed upon between the parties. The specific scope, deliverables, timelines, and Fees shall be detailed in the applicable Service Plan or SOW.

3.3 Service Modifications

We reserve the right to modify, update, or discontinue any aspect of our Services at any time. We will provide reasonable notice of any material changes that affect your current Service Plan. If such changes materially diminish the Services you have purchased, you may terminate the affected Service Plan and receive a pro-rata refund for any prepaid Fees.

3.4 Service Availability

We strive to provide reliable and consistent Services. However, we do not guarantee uninterrupted access to our Services. We may temporarily suspend Services for maintenance, updates, or circumstances beyond our reasonable control.

4. ACCOUNT REGISTRATION

4.1 Account Creation

To access our Services, you must create an Account by providing accurate, current, and complete information as prompted by our registration process. You agree to update your information promptly to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to:

Create a strong, unique password
Not share your Account credentials with any third party
Notify us immediately of any unauthorized access or use of your Account
Log out of your Account at the end of each session when using shared devices

4.3 Account Eligibility

By creating an Account, you represent and warrant that:

You are at least eighteen (18) years of age
You have the legal capacity to enter into this Agreement
You are not prohibited from using our Services under applicable laws
If acting on behalf of an entity, you have authority to bind that entity to these Terms

4.4 Account Termination

We reserve the right to suspend or terminate your Account at any time for violation of these Terms, non-payment of Fees, fraudulent or illegal activity, or any other reason at our sole discretion, subject to providing reasonable notice where practicable.

5. CLIENT OBLIGATIONS

5.1 Cooperation

You agree to cooperate with us in the provision of Services by:

Providing timely access to your Social Media Platform accounts as required
Providing all necessary Client Content, brand guidelines, and approvals in a timely manner
Responding promptly to our requests for information, feedback, or approvals
Designating a primary point of contact for communications
Providing accurate and complete information about your business, products, and services

5.2 Social Media Account Access

To provide our Services, you must grant us appropriate access to your Social Media Platform accounts. You agree to:

Provide login credentials or authorize access via OAuth or similar authentication methods
Maintain valid and active accounts on the relevant Social Media Platforms
Not revoke access without prior notice during the Term of this Agreement
Ensure you have the right to grant us access to such accounts

5.3 Client Content

You are solely responsible for all Client Content provided to us. You represent and warrant that:

You own or have obtained all necessary rights, licenses, and permissions for the Client Content
The Client Content does not infringe any third-party Intellectual Property Rights
The Client Content does not contain any unlawful, defamatory, obscene, or otherwise objectionable material
The Client Content complies with all applicable laws and regulations
Any testimonials, reviews, or endorsements comply with applicable advertising standards

5.4 Compliance with Platform Terms

You acknowledge that Social Media Platforms have their own terms of service and community guidelines. You agree to:

Comply with all applicable terms of service and community guidelines of each Social Media Platform
Not request that we take any action that would violate such terms or guidelines
Accept responsibility for any penalties, restrictions, or account suspensions resulting from your instructions or Client Content

5.5 Compliance with Laws

You agree to comply with all applicable laws and regulations in connection with your use of our Services, including but not limited to:

Data protection and privacy laws
Consumer protection laws
Advertising and marketing regulations
Intellectual property laws
Industry-specific regulations applicable to your business

5.6 Prohibited Uses

You agree not to use our Services for any purpose that is:

Unlawful, fraudulent, or deceptive
Harmful, threatening, abusive, harassing, or defamatory
Infringing of any third-party rights
In violation of any Social Media Platform's terms of service
Related to the promotion of illegal products or services
Intended to spread misinformation or disinformation
Related to political campaigning without proper disclosure
Otherwise objectionable at our sole discretion

6. CONTENT CREATION AND APPROVAL

6.1 Content Development

We will create content for your social media accounts based on your brand guidelines, instructions, and the agreed Service Plan. We will use reasonable efforts to ensure content aligns with your brand voice and objectives.

6.2 Approval Process

Unless otherwise agreed in the Service Plan:

We will submit content for your review and approval before publishing
You agree to review and provide feedback or approval within the timeframe specified in your Service Plan (typically 24-48 hours)
Failure to respond within the specified timeframe may be deemed approval to proceed
Excessive revision requests beyond what is reasonable may be subject to additional Fees

6.3 Expedited or Pre-Approved Content

For time-sensitive content or ongoing community management, we may agree to a pre-approval process or expedited approval workflow as specified in your Service Plan.

6.4 Content Accuracy

While we take reasonable care to ensure content accuracy, you are ultimately responsible for verifying the accuracy of all claims, statements, and information in content before approval. We are not liable for any inaccuracies in approved content.

7. FEES AND PAYMENT

7.1 Fees

You agree to pay all Fees associated with your selected Service Plan or as set forth in the applicable Statement of Work. Fees are quoted in [Currency] unless otherwise specified.

7.2 Payment Terms

Unless otherwise agreed:

Monthly Service Plans are billed in advance on a monthly basis
Project-based work may require a deposit of up to fifty percent (50%) before commencement
Invoices are due and payable within fourteen (14) days of the invoice date
All Fees are exclusive of applicable taxes, which shall be added where required

7.3 Payment Methods

We accept payment via bank transfer, credit card, or other methods as specified on our Website or invoice. You are responsible for any transaction fees charged by your payment provider.

7.4 Late Payments

If payment is not received by the due date:

We may charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower
We may suspend Services until payment is received
We may pursue collection of outstanding amounts, and you shall be responsible for all collection costs, including reasonable legal fees

7.5 Fee Adjustments

We may adjust Fees upon renewal of your Service Plan. We will provide at least thirty (30) days' notice of any Fee increases. If you do not agree to the adjusted Fees, you may terminate your Service Plan at the end of the current billing period.

7.6 Refunds

Except as otherwise provided in these Terms:

Monthly retainer Fees are non-refundable once the billing period has commenced
Project deposits are non-refundable once work has commenced
If we terminate Services for reasons other than your breach, you may be entitled to a pro-rata refund of prepaid Fees for Services not yet rendered

7.7 Advertising Spend

Fees for our Services are separate from any advertising spend on Social Media Platforms. You are solely responsible for all advertising costs charged directly by Social Media Platforms. If we manage advertising on your behalf, you must provide a separate advertising budget, and such spend is not included in our Service Fees unless expressly stated.

8. INTELLECTUAL PROPERTY

8.1 Client Intellectual Property

You retain all ownership rights in your Client Content and pre-existing Intellectual Property. You grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display your Client Content solely for the purpose of providing the Services during the Term of this Agreement.

8.2 Company Intellectual Property

We retain all ownership rights in our pre-existing materials, tools, methodologies, templates, and know-how used in providing the Services ("Company IP"). Nothing in this Agreement transfers ownership of Company IP to you.

8.3 Deliverables

Upon full payment of all applicable Fees:

You shall own all rights to custom content specifically created for you as part of the Deliverables, including custom graphics, copy, and videos featuring your brand
We retain the right to use generic templates, frameworks, and methodologies used in creating the Deliverables
We retain the right to use anonymized or aggregated data and learnings for internal purposes

8.4 Third-Party Materials

Deliverables may incorporate third-party materials such as stock images, fonts, or music, which are subject to their respective license terms. We will inform you of any material licensing restrictions that affect your use of the Deliverables.

8.5 Portfolio Rights

Unless you notify us otherwise in writing, we may use samples of Deliverables in our portfolio, case studies, and marketing materials to showcase our work, provided we do not disclose your Confidential Information.

9. CONFIDENTIALITY

9.1 Confidential Information

Each party agrees to hold the other party's Confidential Information in strict confidence and not to disclose such information to any third party except as necessary to perform obligations under this Agreement.

9.2 Permitted Disclosures

Confidential Information may be disclosed:

To employees, contractors, or advisors who need to know such information and are bound by confidentiality obligations
As required by law, regulation, or court order, provided the disclosing party gives reasonable notice to the other party where permitted
With the prior written consent of the disclosing party

9.3 Exclusions

Confidential Information does not include information that:

Is or becomes publicly available through no fault of the receiving party
Was rightfully in the receiving party's possession before disclosure
Is independently developed by the receiving party without use of Confidential Information
Is rightfully obtained from a third party without restriction on disclosure

9.4 Duration

Confidentiality obligations shall survive termination of this Agreement for a period of three (3) years, except for trade secrets, which shall be protected indefinitely.

10. DATA PROTECTION

10.1 Privacy Policy

Our collection and use of personal data is governed by our Privacy Policy, available at freelancesocialmediamanagers.com/privacy-policy. By using our Services, you acknowledge that you have read and understood our Privacy Policy.

10.2 Data Processing

Where we process personal data on your behalf in providing the Services, we do so as a Data Processor, and you remain the Data Controller. We will process such data only in accordance with your documented instructions and applicable data protection laws.

10.3 Data Processing Agreement

If required for compliance with applicable data protection laws, we will enter into a Data Processing Agreement with you upon request.

10.4 Client Responsibilities

You are responsible for ensuring that:

You have a lawful basis for collecting and processing personal data of your customers and followers
You provide appropriate privacy notices to individuals whose data you collect
You comply with all applicable data protection laws in your use of the Services

11. THIRD-PARTY PLATFORMS

11.1 Platform Terms

Our Services involve the use of third-party Social Media Platforms. Your use of these platforms is subject to their respective terms of service and privacy policies. We are not responsible for the terms, policies, or practices of Social Media Platforms.

11.2 Platform Changes

Social Media Platforms may change their features, algorithms, APIs, terms of service, or availability at any time without notice. We are not responsible for any changes made by Social Media Platforms that affect the Services or your results.

11.3 Platform Restrictions

We are not responsible for any account suspensions, restrictions, or penalties imposed by Social Media Platforms on your accounts, except where directly caused by our gross negligence or willful misconduct.

11.4 No Affiliation

We are not affiliated with, endorsed by, or sponsored by any Social Media Platform. All platform names and logos are trademarks of their respective owners.

12. DISCLAIMERS

12.1 Services Provided "As Is"

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.2 No Guarantee of Results

We do not guarantee any specific results from the Services, including but not limited to:

Increases in followers, engagement, reach, or impressions
Increases in website traffic, leads, or sales
Achievement of specific ranking or visibility on Social Media Platforms
Viral content or trending status
Return on investment

Social media performance depends on many factors beyond our control, including platform algorithms, market conditions, competition, and audience behavior.

12.3 Third-Party Services

We make no warranties regarding the reliability, availability, or performance of any third-party services, including Social Media Platforms and third-party tools we may use in providing the Services.

12.4 Professional Advice

Our Services do not constitute legal, financial, tax, or other professional advice. You should consult appropriate professionals for advice specific to your situation.

13. LIMITATION OF LIABILITY

13.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION OR WHETHER SUCH DAMAGES WERE FORESEEABLE.

13.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13.3 Exceptions

The limitations in this Section 13 shall not apply to:

Liability arising from gross negligence or willful misconduct
Liability for breach of confidentiality obligations
Your obligation to pay Fees
Indemnification obligations under Section 15
Liability that cannot be limited by applicable law

13.4 Basis of the Bargain

The limitations of liability in this Section 13 reflect the allocation of risk between the parties and are an essential element of the basis of the bargain between the parties.

14. TERM AND TERMINATION

14.1 Term

This Agreement commences on the date you accept these Terms or begin using our Services and continues until terminated in accordance with this Section 14.

Service Plans shall have the term specified in the applicable Service Plan. Unless otherwise specified, monthly Service Plans shall automatically renew for successive one-month periods unless terminated by either party.

14.2 Termination for Convenience

Either party may terminate a monthly Service Plan for any reason by providing at least thirty (30) days' written notice prior to the end of the current billing period.

For fixed-term Service Plans, early termination may be subject to payment of remaining Fees unless otherwise agreed.

14.3 Termination for Cause

Either party may terminate this Agreement immediately upon written notice if the other party:

Materially breaches this Agreement and fails to cure such breach within fourteen (14) days of receiving written notice
Becomes insolvent, files for bankruptcy, or has a receiver appointed for its assets
Ceases to conduct business in the normal course

14.4 Termination by Company

We may terminate this Agreement or suspend Services immediately if:

You fail to pay Fees when due
You violate any Social Media Platform's terms of service
Your instructions or Client Content would cause us to violate applicable laws or our ethical standards
Continuing the relationship poses a reputational risk to our business

14.5 Effect of Termination

Upon termination:

We will cease providing Services as of the termination effective date
You shall pay all outstanding Fees for Services rendered up to the termination date
We will revoke access to any Company tools or systems
Upon request, we will provide reasonable assistance in transitioning your social media accounts to your control or to a successor provider
Each party shall return or destroy the other party's Confidential Information

14.6 Survival

The following provisions shall survive termination: Section 2 (Definitions), Section 8 (Intellectual Property), Section 9 (Confidentiality), Section 10 (Data Protection), Section 12 (Disclaimers), Section 13 (Limitation of Liability), Section 15 (Indemnification), Section 16 (Dispute Resolution), and Section 17 (General Provisions).

15. INDEMNIFICATION

15.1 Client Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

Your breach of this Agreement
Your Client Content or its use as directed by you
Your violation of any applicable laws or regulations
Your violation of any third-party rights, including Intellectual Property Rights
Your violation of any Social Media Platform's terms of service
Any claims by your customers, followers, or other third parties related to your social media presence

15.2 Indemnification Procedure

The indemnified party shall:

Promptly notify the indemnifying party of any claim
Allow the indemnifying party to control the defense and settlement of the claim
Cooperate with the indemnifying party in the defense of the claim
Not settle any claim without the indemnifying party's prior written consent

16. DISPUTE RESOLUTION

16.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of laws principles.

16.2 Informal Resolution

Before initiating any formal dispute resolution proceedings, the parties agree to attempt to resolve any dispute informally by contacting each other and negotiating in good faith for a period of at least thirty (30) days.

16.3 Mediation

If the dispute cannot be resolved informally, either party may refer the dispute to mediation administered by the Singapore Mediation Centre or another mutually agreed mediation provider. The costs of mediation shall be shared equally by the parties.

16.4 Arbitration

If the dispute is not resolved through mediation within sixty (60) days, either party may refer the dispute to final and binding arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with its Arbitration Rules. The arbitration shall be conducted in English, and the seat of arbitration shall be Singapore.

16.5 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its Intellectual Property Rights or Confidential Information.

16.6 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

17. GENERAL PROVISIONS

17.1 Entire Agreement

This Agreement, together with any applicable Service Plan, Statement of Work, and our Privacy Policy, constitutes the entire agreement between the parties concerning its subject matter and supersedes all prior agreements, understandings, and communications, whether oral or written.

17.2 Amendments

We may amend these Terms at any time by posting the revised Terms on our Website with an updated "Last Updated" date. We will provide notice of material changes via email or prominent notice on our Website. Your continued use of the Services after such changes constitutes acceptance of the amended Terms.

17.3 Assignment

You may not assign or transfer this Agreement or any rights or obligations hereunder without our prior written consent. We may assign this Agreement to any affiliate or successor in interest without your consent. Any attempted assignment in violation of this Section shall be void.

17.4 Subcontracting

We may engage subcontractors to perform portions of the Services, provided we remain responsible for their performance and compliance with this Agreement.

17.5 Waiver

No failure or delay by either party in exercising any right or remedy shall operate as a waiver thereof. Any waiver must be in writing and signed by the waiving party.

17.6 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

17.7 Independent Contractors

The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship between the parties.

17.8 Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, epidemics or pandemics, government actions, power failures, internet outages, or Social Media Platform outages or changes.

17.9 Notices

All notices under this Agreement shall be in writing and shall be deemed given when delivered by email with confirmed receipt, or when sent by registered mail to the addresses provided by the parties. Notices to us should be sent to [email protected].

17.10 Language

This Agreement is written in English. If this Agreement is translated into any other language, the English version shall prevail in the event of any inconsistency.

17.11 Headings

Section headings are for convenience only and shall not affect the interpretation of this Agreement.

18. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Email: [email protected]

Website: freelancesocialmediamanagers.com

We will respond to all inquiries within a reasonable timeframe.

BY ACCESSING OUR WEBSITE, CREATING AN ACCOUNT, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.