Please find Afrikk Media’s Terms and Conditions below. By contracting us, you are agreeing to the terms detailed in this document.
For the purpose of these Terms and Conditions the following words shall have the following meanings:
1.1. “Agreement” shall mean any agreement including any and all schedules and amendments agreed between Company and Client.
1.2. “Blog” means a section of a website that publishes regular content to help an organisation or company meet its organisational goals.
1.3. “Client” shall mean the person or organisation for whom the Company agrees to carry out works within any Agreement.
1.4. “Company” shall mean Afrikk Media which is a trading name of Afrikk Media Digital Ltd.
1.5. “Copy” means written work(s) word(s) text(s) or submissions that are provided by a party.
1.6. “Deliverable (s)” means any specific proposition that is agreed between Company and Client within the Services.
1.7. “Intellectual Property Rights” or “IPR” shall mean intellectual property rights whether vested or contingent and whether currently in existence or otherwise including (without limitation) patents, inventions, trademarks, service marks, logos, design rights, registered designs, copyright, database rights, domain names, trade or business names, moral rights, trade secrets, the right to sue for passing off and all similar rights whether registered or not (in any country) and all extensions revivals reversions and renewals of any of the above. The above shall include in relation to registerable rights any applications made in respect of such rights.
1.8. “Services” means any deliverable requested by the Client and delivered by the Company including but not limited to Blog, Social Media or Copywriting.
1.9. “Social Media” means websites and applications that enable users to create and share content or to participate in social networking.
2.1. The Company reserves the right to refuse or decline work at its own discretion.
2.2. The Company reserves the right to request payment in advance at Company’s discretion.
2.9. Where Deliverables are for monthly management services, they will be agreed with Client and may be estimated on a ‘pro-rata’ basis across the duration of the project.
2.10. All materials and services advertised on any website operated or posted on by Company are for illustrative purposes only. Exceptions and circumstances may arise that prevent Company providing Services and Deliverable. Company makes every effort to highlight any potential shortfall at quotation stage, but cannot be held liable for any Service or Deliverable shortfall not identified at the proposal stage.
3.1 All fees for Services provided to Client are due and payable in full, in advance of provision of Services.
3.2 A valid credit card for monthly payment of fees shall remain securely on file to cover monthly recurring charges for service.
3.5. There is no minimum contract period for any of the services provided by Greener Media Ltd.
3.6. We currently accept the following payment methods for payment of invoices: credit card payments
3.7. Copyright in all published content (such as text and designs produced on your behalf) will pass to you once payment in full against the issued invoice has been made, with the exception of licensed materials such as photography, which remain the property of the licensor and subject to their terms and conditions.
3.7. Once all invoices have been paid in full, the Client takes full ownership of the work/ Copy’s copyright and Intellectual Property Rights.
4. Late payment
4.1. Payment later than thirty-five (35) days after invoicing may be considered actionable and interest charged according to the Late Payment of Commercial Debts (Interest) Act 1998. The company also reserves the right to charge an administrative fee of £50 on all invoices that are settled 35 days or more after the invoicing date.
4.2. Company reserves the right to stop and work, at no cost to the Company, if account is in arrears more than 35 days.
5. Right to Cancel
5.1. Company reserves the right to refuse any content that the Company, at its sole discretion, including but not limited to the following definitions, insulting, offensive, slanderous, proofs or Copy provided by a Client or Client’s agent.
6. Errors, Omissions and Indemnity
6.1. Company makes every effort to ensure that with any written submission the Copy provided to the Client is free of errors and omissions – including errors in spelling and content – but cannot warrant this. The company would request that the Client or the Client’s agent review the Copy thoroughly before committing the project to production, as the ultimate responsibility for the content rests with the Client.
6.2. Client is responsible for informing Company of any industry specific compliance issues that might impact upon the Services or Deliverable.
6.3. The Client shall indemnify Company against any claim, including liability arising from copyright infringement and libel anywhere in the world, that results in any way from the use of its Social Media, Blog or Copywriting Services and Counsel in the delivery of the Services. Client agrees to indemnify Company against any claim for compensation or damages brought about as a direct or indirect consequence of the work Company delivers to Client, Client customers, or subcontractors, including but not limited to human error by or on behalf of Company, problems caused by third-party tools and applications, updates, algorithm changes, publishing non-compliant or offensive content, changes to platforms (e.g. Twitter, Google, Facebook or other similar sites making changes to their systems, terms or regulations), Company giving bad advice and claims by any third party over copyright infringements.
6.4. It is the sole responsibility of the Client to ensure that all statements, claims, promises, information on said product or service, and guarantees are upheld in accordance with the laws of England and Wales. Company will not accept liability or be liable for any compensation for any loss of revenue or profits or any other detrimental effect to Client’s business or any third party of the Client for works carried out on behalf of Client.
6.5. Company will not accept any claims for Client or third party for any inability to use any materials supplied by the Company or any reluctance or refusal of any employee or agent of Client to use materials supplied by Company; any claim for loss, compensation or damages arising because the necessary rights, permissions and releases have not been granted; any claim over breach of copyright relating to materials Client has supplied to Company and any claim over factual or statistical inaccuracies in materials Client has supplied to Company.
6.6. Company will not accept any claims for Client or third party for any compliance infringements or regulatory issues. The Client accepts full responsibility to moderate content produced by the Company.
6.7. Please note that under UK law, all printed materials must bear the imprint (name and address) of the publisher, which in the case of Company projects is the Client rather than Company.
6.8. Client accepts all responsibility for any copyright issues arising from the publication of content produced by Company that summarises, rephrases, or otherwise refers to third-party sources at Client request and as part of any deliverable within the Services.
6.9. Company makes every attempt to acknowledge copyright held in your published materials or trademarks, but accepts no liability for any failure to do so.
7. Non-disclosure and confidentiality agreements
7.1. Company agrees to sign whatever confidentiality or non-disclosure agreements the Client deems necessary. However, the Client agrees to indemnify the Company against any action whatsoever by the Client or a third party associated with the accidental disclosure or loss of this information.
8. Fair dealing
8.1. Client agrees to grant permission to Company to reference on Company website; reverence Company working for Client; description of work done; quotes from text provided; include representations of any designs produced as part of the work; include an appropriate credit in printed or online publications produced by Company for Client.
9.1. Where possible, for offline materials, Company would request a Copy of the finished project for its own records and use in its online portfolio. Company would also request the right to link to any online Copy via its website to use in its online portfolio. Company reserves the right to use selected extracts of its work both online and offline for self-promotion or advertising purposes unless specifically forbidden to do so by a confidentiality or non-disclosure agreement.
9.2. Company waives this right when its services are being provided on a ‘white-label’ basis unless clear written permission is given by the client.
10.1. We may terminate this Agreement if you commit a material breach of your obligations under this Agreement and/or these Terms and (where such breach is remediable) you fail to remedy that breach after being requested by us to do so. This is not an action that we will take lightly, but we will be entitled to terminate this Agreement if you frustrate us from carrying out the Services or Company is unable to continue to provide the Services.
10.2. Upon such termination you will be liable to pay us for any goods and materials supplied and all Services provided by us up to the date of termination.
10.3. For monthly management services such as social media management and blog management, the client is able to terminate the contract at any point. In order to do this, an email must be sent via email to the relevant account manager indicating a 30-day notice period. Client will be liable for all payments within this 30 day notice period.
10.4. Company reserves the right to terminate or transfer any Social Media Management or Social Media Archiving service, in our sole discretion, at any time, for any reason. We may provide you refunds in our sole discretion.
10.5 Upon termination or expiration of your access to the Social Media Archiving Service, Client will no longer have the right to access or retrieve their Archived Content through the Service. Upon termination, Company will use commercially reasonable efforts to cease our archival of any new Archived Content in connection with any of your Permitted Accounts promptly following the termination of the termination or expiration of your subscription. If you contact us within thirty (30) days of the date of the termination or expiration of a paid subscription to the Service, and request a copy of your Archived Content, we will use commercially reasonable efforts to provide you a copy of your Archived Content in a format determined by us. Thereafter, and immediately in the event of any other termination or expiration of your right to use the Service, you acknowledge and agree that we may delete any or all of your Archived Content and that it is solely your responsibility to seek another source for your backup needs.
10.5. You agree that we will not be liable to you or any other party for any termination of your access to our Services.
11.1. Client agrees that Company will be the sole provider of Services once Client commissions Company. Client agrees each contract of work will not be duplicated by a third party. Company will terminate all work as set out in clause 6 if duplication occurs.
11.2. Client agrees that this agreement gives Company full permission to use, reproduce, copy, access, view, modify, edit, perform, display, prepare derivative works of, reformat, translate, distribute and transfer your Content (including Archived Content), solely and to the limited extent necessary to perform our obligations hereunder and to provide you with the Services under which this Agreement is made.
12. Force majeure
12.1. We shall not be liable for any delay in performing the Services under this Agreement if such delay is caused by circumstances beyond our reasonable control. In such circumstances we shall be entitled to a reasonable extension of time for the performance of the Services. Sometimes we will be unable to do what we have agreed due to something beyond our reasonable control. These possible reasons include but are not limited to viruses, hacking or other security vulnerabilities, the failure of equipment or services provided by us or by third parties or other events, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or the non-performance of third parties. As a result, while we will always undertake all commercially reasonable measures to ensure that we can provide the service under which this agreement is made, we cannot, and do not, warrant or guarantee that we will be able to do so, in full, at all times or any particular time.
12.1. We reserve the right to modify these terms and conditions. Any such modifications will only apply upon notification of those changes to you.
13.1. Neither our failure to exercise any power given to us under these Terms and Conditions or to insist upon strict compliance by you with any obligation under them, shall constitute any waiver of any of our rights under them. Waiver by us, of any particular default by you, must be in writing. It shall not affect or impair our rights in respect of any subsequent default of any kind by you, nor shall any delay by or omission by us to exercise any rights arising from any of your defaults affect or impair our rights in respect of the said default or any default of any kind.
14. Entire agreement
14.1. These Terms and Conditions supersede all prior agreements, arrangements, and understandings between Client and Company and constitute the entire agreement between both parties.
15.1. Save as expressly provided in these Terms and Conditions neither you nor we shall assign or otherwise transfer these Terms and Conditions or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of the other (such consent not to be unreasonably withheld or delayed). We may enter into any subcontract with any person for the provision of the Services and the performance of any part of our obligations under this Agreement. We shall not be relieved from any of our obligations to you under the Agreement by entering into any sub-contract for the provision of the Services or the performance of any part of this Agreement.
16.1. All notices which are required to be given hereunder shall be in writing and shall be sent to you at the address at which the Services are provided or to us at the address given above or such other address as we may each designate by notice given in accordance with the provisions of this clause. Any such notice may be delivered personally or by first-class pre-paid letter or email and shall be deemed to have been served if by hand when delivered, if by first class post 48 hours after posting, and if by email on the day of dispatch.
17.1. Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable, the other provisions of this Agreement and the remainder of the provision in question shall (subject to deletion of the offending part) remain in full force and effect.
18. Governing Law
18.1. This Agreement shall be governed by and shall be construed in accordance with the laws of Kenya.