Terms & Conditions
A Legal Disclaimer
**Legal Disclaimer**
By accessing and using the services of [OAKMONT], you agree to the following terms and conditions. All marketing strategies, campaigns, and materials created by our agency are provided "as is" and [OAKMONT] makes no guarantees regarding specific results, including but not limited to sales, website traffic, or engagement metrics. While we aim to deliver the best possible outcomes, the success of any marketing efforts depends on various external factors beyond our control, including market conditions, audience behavior, and third-party platforms.
We do not accept liability for any direct, indirect, incidental, or consequential damages that may arise from the use of our services or reliance on any information provided. Our agency reserves the right to modify, update, or change these terms at any time, and it is your responsibility to review these terms regularly.
By continuing to use our services, you acknowledge and accept these terms and conditions. If you have any questions or concerns, please contact us directly.
Terms & Conditions - The Basics
**Terms and Conditions for Social Media Marketing Services**
**Effective Date:** [Insert Date]
These Terms and Conditions ("Agreement") govern the relationship between **OAKMONT** ("the Agency", "we", "our", or "us") and the Client ("you" or "your") with respect to the social media marketing services provided. By engaging with us for our services, you agree to be bound by the following terms.
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### 1. **Services Provided**
OAKMONT offers a range of social media marketing services, which may include but are not limited to:
- Social media strategy development
- Content creation (graphics, copywriting, video)
- Social media account management
- Community engagement and management
- Paid social advertising (e.g., Facebook Ads, Instagram Ads, etc.)
- Analytics and performance reporting
- Brand consulting and campaign optimization
The scope of services will be defined in the agreement or proposal you receive from us.
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### 2. **Client Responsibilities**
To enable OAKMONT to provide the services, the Client agrees to:
- Provide access to relevant social media accounts, analytics tools, and any other necessary resources.
- Provide timely feedback, approvals, and required materials (e.g., logos, branding assets).
- Ensure that all information provided is accurate and up-to-date.
The Client also agrees to communicate openly and promptly with the Agency to facilitate efficient project delivery.
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### 3. **Payment Terms**
- Payment for services will be invoiced based on the terms specified in the proposal or service agreement.
- OAKMONT reserves the right to charge a late fee for payments not received within the agreed-upon period.
- All payments are due as outlined in the agreement. If payment is not made on time, OAKMONT reserves the right to suspend services until payment is received.
- Payments for services are non-refundable, except in cases where OAKMONT is unable to fulfill its obligations as per the agreement.
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### 4. **No Guaranteed Results**
While OAKMONT uses proven strategies and industry best practices, we do not guarantee specific outcomes, including increases in followers, engagement, or sales. Social media marketing success depends on many factors, such as platform algorithms, market conditions, and customer behavior, all of which are beyond our control.
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### 5. **Intellectual Property**
- The Client retains ownership of all pre-existing intellectual property provided to OAKMONT (such as logos, brand assets, etc.).
- Any content, designs, or creative materials produced by OAKMONT as part of the service (such as graphics, videos, and written posts) will remain the property of OAKMONT until payment has been fully made for the services.
- Upon full payment, the Client is granted a non-exclusive, perpetual license to use the created content for marketing purposes.
- OAKMONT retains the right to use the content produced for marketing purposes in our portfolio or case studies.
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### 6. **Confidentiality**
Both OAKMONT and the Client agree to maintain confidentiality concerning any proprietary or sensitive information shared during the course of the engagement. This includes, but is not limited to, business strategies, marketing data, financial information, and customer lists.
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### 7. **Termination**
- Either party may terminate this Agreement with written notice. If the Client terminates the agreement before completion of services, payment for work completed to date will be due.
- If OAKMONT terminates the Agreement due to non-payment or failure to cooperate, the Client will be responsible for all fees incurred up to that point.
- Termination of this Agreement does not affect any accrued rights, obligations, or liabilities as of the date of termination.
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### 8. **Limitation of Liability**
OAKMONT is not liable for any indirect, incidental, special, or consequential damages arising out of the use or inability to use our services. This includes, but is not limited to, lost profits, data loss, or damages resulting from third-party platform issues (e.g., Facebook, Instagram, etc.).
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### 9. **Modifications**
OAKMONT reserves the right to modify these Terms and Conditions at any time. Clients will be notified of any changes, and continued use of our services after such modifications constitutes acceptance of the updated terms.
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### 10. **Governing Law**
This Agreement shall be governed by and construed in accordance with the laws of [Your Jurisdiction]. Any disputes arising from this Agreement will be subject to the exclusive jurisdiction of the courts in [Your Jurisdiction].
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### 11. **Force Majeure**
OAKMONT will not be held liable for failure to perform its obligations due to events beyond its control, such as natural disasters, pandemics, labor strikes, or changes to third-party platforms that affect the performance of social media marketing campaigns.
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### 12. **Dispute Resolution**
In the event of a dispute, both parties agree to attempt resolution through negotiation. If a resolution cannot be reached, the dispute may be resolved through mediation or, if necessary, arbitration in accordance with the laws of [Your Jurisdiction].
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By engaging OAKMONT for social media marketing services, you acknowledge and agree to these Terms and Conditions. If you have any questions or concerns, please contact us at [Your Contact Information].
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*Note: While this document provides a basic structure for Terms and Conditions, it is always recommended to consult with a legal professional to tailor the document to your specific business needs and ensure it complies with applicable laws.*
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