Breakthrough Social Packages – Terms and Conditions
Please read these terms and conditions carefully before purchasing.
Breakthrough Social: A company incorporated in England and Wales, whose registered office is at Court View House, Aalborg Place, Lancaster, LA1 1AT.
You, as the business owner, shall be referred to as The Company.
By purchasing any Breakthrough Social package via Stan Store, The Company confirms acceptance of the Terms and Conditions listed below.
Background
The Freelancer is a Social Media Manager.
The Company wishes to engage the Freelancer to provide Social Media Marketing to it on the terms of this Agreement.
The parties agree as follows:
1. Definitions
In this Agreement the following words and phrases have the meanings set out below:
Confidential Information
All information of a confidential nature provided to the Freelancer, which is marked as confidential, relating to the products, services, business finances, transactions and affairs of The Company, including Intellectual Property Rights.
Intellectual Property Rights
Any and all copyright, rights in inventions, patents, know-how, trade secrets, trademarks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, utility models, domain names and all similar rights whether registered or unregistered, including any applications to protect or register such rights, all renewals and extensions of such rights or applications, whether vested, contingent or future, and wherever existing in the world.
Package
The specific service package purchased by The Company, being one of the following:
a. Breakthrough Visibility Package
b. Breakthrough Momentum Package
c. The Breakthrough Social Package
Services
The services to be provided by the Freelancer to The Company, subject to the terms of this Agreement and the Package purchased by The Company.
Work Product
Any materials created or developed by the Freelancer and/or any Substitute Freelancer when providing the Services.
Enquiry
A message, direct message, comment, email, text message, phone call, Meta Ads lead/sign-up or other communication from a potential customer that clearly expresses interest in The Company services, such as a request for more information, pricing, availability or to proceed.
Happiness Guarantee
The first-month money-back guarantee available for all Packages, as set out in clause 12.
Enquiry Guarantee
The enquiry-related guarantee available only for The Breakthrough Social Package, as set out in clause 12.
2. The Services
2.1 During the Agreement the Freelancer will provide the Services to The Company in accordance with the terms of this Agreement.
2.2 The specific Services provided by the Freelancer will depend on the Package purchased by The Company. The applicable Package details are set out in the Schedule to this Agreement.
2.3 The Company acknowledges that the scope of Services, guarantees and deliverables differ between Packages.
2.4 The Breakthrough Visibility Package and Breakthrough Momentum Package do not include any guarantee that The Company will receive Enquiries.
2.5 The Enquiry Guarantee applies only where The Company has purchased The Breakthrough Social Package.
3. Substitute
In the event that the Freelancer is unable to provide the Services for whatever reason, the Freelancer will be entitled to appoint a substitute with equivalent skill and expertise to perform the Services on the Freelancer’s behalf, referred to as the Substitute Freelancer.
The Freelancer will continue to invoice The Company and will be responsible for payments to the Substitute Freelancer.
4. Remuneration
4.1 The Company will pay to the Freelancer the monthly fee applicable to the Package purchased by The Company, as follows:
a. Breakthrough Visibility Package: £199 per month
b. Breakthrough Momentum Package: £449 per month
c. The Breakthrough Social Package: £547 per month
Fees are payable by bank transfer in advance, before the 1st of each month, unless otherwise agreed in writing.
There is a 3-month minimum sign-up period for all Packages. After the initial 3-month minimum period is complete, the Agreement will continue as a monthly rolling contract unless terminated in accordance with clause 10.
4.2 The Freelancer will be responsible for, and will account to the appropriate authorities for, all income tax liabilities and national insurance or similar contributions payable in respect of the payments made to the Freelancer under this Agreement on a self-assessment basis.
4.3 In the event payment is beyond the 1st of the month, the Freelancer shall be entitled to withhold delivery of the Services until payment has been made in respect of the outstanding amount.
4.4 Following a late payment, it is at the discretion of the Freelancer whether they choose to continue the contract or not. Written termination applies as per this Agreement.
5. Liability and Insurance
5.1 The Freelancer will maintain appropriate Professional Indemnity insurance cover in force during the Agreement, as well as Public and Products Liability insurance.
Furthermore, the Freelancer shall not be liable for consequential, indirect or special losses.
The Freelancer excludes any liability that may arise in relation to the Intellectual Property Rights.
The foregoing does not apply to any losses which cannot be excluded or limited by applicable law.
6. Confidential Information
The Freelancer will not during the period of this Agreement, without the prior written approval of The Company, use for the Freelancer’s own benefit or for the benefit of any other person, firm, company or organisation, or directly or indirectly disclose to any person any Confidential Information which has come to the Freelancer’s knowledge during or in connection with the Agreement.
7. Intellectual Property
In consideration of The Company paying the Freelancer the Fees, the Freelancer hereby transfers to The Company by way of present and future assignment all the Intellectual Property Rights in the Work Product.
The Freelancer gives no warranties in relation to the Intellectual Property Rights in the Work Product.
The Freelancer retains ownership of any underlying templates, frameworks, tools, know-how, processes and intellectual property used to deliver the Services, including the Breakthrough Social method and any generic materials that are not unique to The Company.
Unless The Company has specifically requested in writing that the Freelancer does not do so, The Company agrees that the Freelancer may refer to The Company and to wins, results and achievements from the Services in the Freelancer’s marketing materials, website, social media, portfolio and case studies.
The Freelancer will not share commercially sensitive information, detailed financial data or personal data, and will keep disclosures reasonable and professional.
The Company may withdraw this permission at any time by giving written notice, in which case the Freelancer will stop using The Company name in new materials and will only refer to anonymised results going forward.
8. Data Protection
The Freelancer will use all reasonable efforts to comply in all material respects with the Freelancer’s obligations under the applicable data protection legislation in relation to personal data which the Freelancer processes in the provision of the Services under this Agreement.
9. Company’s Obligations
9.1 By purchasing the Services, The Company confirms that they are over 18, that they are legally capable of entering into a legally binding contract, that they are purchasing the Services in a business capacity and that all information they provide to the Freelancer is true and accurate.
9.2 The Company accepts that provision of the Services is personal to The Company and should not be shared with anyone else. The Company agrees that they will not transfer, or seek to transfer, their rights under these Terms to any other person without the Freelancer’s prior written consent.
9.3 The Company agrees to co-operate with the Freelancer and to provide all reasonable information and assistance the Freelancer may require, including but not limited to:
a fully completed questionnaire or client enquiry form
clear briefings
instructions via email or WhatsApp
obtaining any relevant consents, licences or authorisations
purchasing any relevant graphic elements and fonts
providing the Freelancer with all relevant documentation, content, images, graphics, specifications, branding, trade marks, copy, videos, digital media, audio, data and any other information required to deliver the Services
These items shall be referred to as Materials.
The Services will be delivered in accordance with the Materials that The Company provides to the Freelancer. Therefore, it is essential that The Company is open and honest and provides as much information and detail as possible.
Any additional instructions provided must be sent in writing via WhatsApp or email and must be reasonable and in alignment with the description of the Services as set out in the Schedule.
The Freelancer shall not be liable for any delay in the delivery of the Services caused by The Company’s failure or delay in providing any Materials or any other information requested.
9.4 When providing any Materials, The Company agrees and warrants that they have the legal right to use and share them and that The Company grants the Freelancer a royalty-free licence to use, copy and reproduce them.
The Company shall retain ownership of all Materials and all Intellectual Property Rights subsisting in them at all times.
The Freelancer reserves the right to refuse to use any Materials which they consider breach any third-party Intellectual Property Rights or which they consider to be offensive, defamatory or likely to cause harm.
9.5 The Company shall be responsible for checking any spelling or grammar in any Materials provided.
All images, graphics and video provided must be high-resolution.
The Freelancer reserves the right to refuse to use any low-resolution images or videos or any stock images or videos.
9.6 The Company acknowledges that, unless otherwise agreed in writing, the Services are delivered on a done-for-you basis and the Freelancer is not required to obtain The Company’s review or approval before creating, scheduling or posting content.
The Freelancer will take reasonable care when creating and posting content, using the information, Materials and instructions provided by The Company.
The Company remains responsible for ensuring that any information, Materials, claims, pricing, offers, availability, legal requirements, professional rules, industry-specific requirements and factual details provided to the Freelancer are accurate, complete and up to date.
The Freelancer shall not be liable for any error, omission or inaccuracy in the Services where that error, omission or inaccuracy arises from incorrect, incomplete or outdated information provided by The Company.
9.7 The Company accepts that in order to deliver the Services, the Freelancer may need to access The Company’s social media platforms.
The Company hereby authorises the Freelancer to use access credentials for their relevant social media platforms only for the purposes of providing the Services.
All access credentials will be treated as Confidential Information.
9.8 Where the Freelancer specifically requests any approval, decision, authorisation, consent or information from The Company to enable delivery of the Services, The Company agrees to provide the same within a reasonable time.
9.9 The Company accepts that they shall, at all times, remain responsible for the maintenance of their own website, pages, groups and/or social media channels and for regularly checking all content.
The Company acknowledges that the Freelancer has no responsibility or control over content posted by visitors or users of The Company’s website, pages or social media channels.
10. Term and Termination
10.1 The Freelancer’s engagement under this Agreement will commence when the Package is purchased via Stan Store, and will continue unless or until either party gives to the other not less than 4 weeks’ notice in writing to terminate this Agreement.
10.2 Notwithstanding the provisions of clause 10.1, either party may terminate this Agreement with immediate effect and without liability to pay any compensation or damages by written notice to the other party if at any time the other party commits any serious or repeated breach of this Agreement.
For the avoidance of doubt, a failure to pay the Fee on the due date will be a serious breach.
11. General Provisions
11.1 Notices under this Agreement shall be in writing and sent to a party’s address as set out on the first page of this Agreement.
Notices may be given, and shall be deemed received, by first-class post 2 working days after posting.
This clause 11.1 does not apply to notices given in legal proceedings or arbitration.
11.2 This Agreement constitutes the entire and only legally binding agreement between the parties relating to the Engagement and supersedes any previous understandings, arrangements, representations, negotiations or agreements between the parties, provided that nothing in this clause will have effect to exclude the liability of either party for fraud or fraudulent misrepresentation.
11.3 The Freelancer may freely assign, sub-contract or transfer its rights and obligations under this Agreement to any third party.
11.4 No variation of this Agreement shall be valid or effective unless it is in writing, refers to this Agreement and is duly signed or executed by, or on behalf of, each party.
11.5 Nothing in this Agreement constitutes, or shall be deemed to constitute, a partnership between the parties nor make any party the agent of another party.
11.6 Any remedy or right conferred upon a party for breach of this Agreement will be in addition to and without prejudice to all other rights and remedies available to that party.
No failure or delay by the parties in exercising any remedy, right, power or privilege under or in relation to this Agreement will operate as a waiver of that or any other right, power, remedy or privilege of that party.
11.7 If any provision of this Agreement, or part of any provision, is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this Agreement shall not be affected.
11.8 The Contracts Rights of Third Parties Act 1999 will not apply to this Agreement and no person other than the Freelancer and The Company will have any rights under it.
11.9 To support the delivery of the Services, the Freelancer uses and engages with third-party content creation systems and suppliers.
Whilst the Freelancer will take all reasonable steps to maintain delivery of the Services as agreed within these Terms, the Freelancer shall not be liable where access is temporarily restricted or limited due to routine or unexpected maintenance or an issue arising with a third-party system which is outside of their control.
11.10 Should an unforeseen or unexpected event arise which limits or prevents delivery of the Services, the Freelancer will inform The Company via email.
The Freelancer shall not be liable to The Company for any delivery failure or delay which is caused by circumstances beyond reasonable control.
In the event an unforeseen or unexpected event arises and continues for longer than 14 days, then either party will be entitled to terminate this Agreement by providing the other with 14 days’ notice in writing.
This does not affect any other right to terminate as set out within these Terms, and any relevant pro-rated refund will be at the Freelancer’s discretion having regard to the length of any delay and the extent of Services already delivered.
11.11 In some circumstances it may be necessary for the Freelancer to make amendments, revisions or changes to the Services, or cancel, amend, change or reschedule any part as is reasonably required.
If the Freelancer needs to make any changes, the Freelancer will ensure that the Services still match the original description, except where a change enhances the original description.
The Freelancer shall not be liable for any reasonable changes that are made to the Services.
12. Guarantees
12.1 Happiness Guarantee
All Packages include a first-month Happiness Guarantee.
If, during the first month of the Services, The Company is unhappy with the Services for any reason, The Company may request a no-quibble refund of the first month’s Fees paid for the Package.
The Happiness Guarantee applies to the first month only.
It does not apply to any Fees paid after the first month, any advertising spend paid to third-party platforms, or any other third-party costs.
To claim under the Happiness Guarantee, The Company must submit a written request to the Freelancer within 14 days of the end of the first month of Services.
If a refund is made under the Happiness Guarantee, this Agreement will automatically terminate on the date of the refund unless the parties agree in writing to continue working together on revised terms.
12.2 Refund as Full and Final Resolution
Where The Company accepts a refund under the Happiness Guarantee, the refund will be treated as full and final resolution of The Company’s dissatisfaction with the Services.
The Company agrees not to publish or communicate any false, misleading, malicious or defamatory statement about the Freelancer, Breakthrough Social or the Services.
Nothing in this clause prevents The Company from making a truthful statement where legally required to do so.
12.3 Enquiry Guarantee
The Enquiry Guarantee applies only to The Breakthrough Social Package.
The Breakthrough Visibility Package and Breakthrough Momentum Package do not include any guarantee that The Company will receive Enquiries.
If The Company purchases The Breakthrough Social Package and, for any reason, receives no Enquiries within 90 days from the date the first invoice is paid in full, the Freelancer will refund to The Company all Fees actually paid for the Services during that 90-day period, minus any advertising spend paid to or spent on third-party advertising platforms.
In addition, the Freelancer will pay The Company £100 as a goodwill payment to apologise for the time spent without receiving any Enquiries.
12.4 Claiming Under the Enquiry Guarantee
To claim a refund under the Enquiry Guarantee, The Company must submit a written request to the Freelancer within 14 days after the end of the 90-day period and provide reasonable evidence showing that no Enquiries were received during that period.
12.5 Conditions of the Enquiry Guarantee
The Enquiry Guarantee is subject to the following conditions:
a. All invoices issued under this Agreement must have been paid in full by The Company within the agreed payment terms.
b. The Company must keep their offers, pricing and business operations in a state that would reasonably allow potential customers to proceed. For example, The Company must not repeatedly close their order books or remove key services during the guarantee period without informing the Freelancer.
c. The Company must not unreasonably delay or refuse any approval, decision, information, access or consent specifically requested by the Freelancer in order to deliver the Services.
d. The Company must provide any information, access and materials reasonably requested by the Freelancer in a timely manner.
e. The Company must not independently pause, disable or significantly alter advertising campaigns managed by the Freelancer without prior written notice.
If the conditions in this clause 12.5 are not met, the Enquiry Guarantee may be withdrawn and clause 12.3 will not apply.
12.6 Enquiry Definition
An Enquiry will be deemed to have been received when The Company or the Freelancer can show a written message, direct message, comment, email, text message, phone call, Meta Ads lead/sign-up or similar communication from a potential customer that clearly expresses interest in The Company’s services, including a request for more information, pricing, availability or to proceed.
12.7 Refund Timing and Effect
a. If a refund is due under the Happiness Guarantee or the Enquiry Guarantee, the Freelancer will process the refund within 14 days of receiving a valid claim.
b. If a refund is made under the Happiness Guarantee or the Enquiry Guarantee, this Agreement will automatically terminate on the date of the refund unless the parties agree in writing to continue working together on revised terms.
13. Governing Law and Jurisdiction
13.1 This Agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation, including non-contractual disputes or claims, shall be governed by, and construed in accordance with, the laws of England and Wales.
13.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation, including non-contractual disputes or claims.
Schedule – Package Details
Breakthrough Visibility Package
The Breakthrough Visibility Package includes:
a. 1 Facebook Groups post per week.
b. Posting into 20–25 researched Facebook Groups.
c. Content creation, which may include text posts, graphics, photos and simple video editing where applicable.
d. Posting handled by the Freelancer.
The Company is responsible for replying to comments, messages and any Enquiries received.
This Package includes the Happiness Guarantee only.
It does not include the Enquiry Guarantee.
Breakthrough Momentum Package
The Breakthrough Momentum Package includes:
a. 3 psychology-backed posts per week, posted on Facebook and Instagram.
b. 2 weekly posts shared into 20–25 local Facebook Groups.
c. Breakthrough Messaging.
d. Weekly engagement with The Company’s target audience.
e. WhatsApp and email support Monday to Friday.
f. Weekly or fortnightly check-ins.
g. Basic monthly reporting.
The Company is responsible for replying to comments, messages and any Enquiries received.
This Package includes the Happiness Guarantee only.
It does not include the Enquiry Guarantee.
The Breakthrough Social Package
The Breakthrough Social Package includes:
a. 5 psychology-backed posts per week, posted on Facebook and Instagram.
b. 2 weekly posts shared into 20–25 local Facebook Groups.
c. 3 weekly stories.
d. Breakthrough Messaging.
e. Weekly engagement with The Company’s target audience.
f. £50 advertising budget included with setup and management.
g. WhatsApp and email support Monday to Friday.
h. Weekly or fortnightly check-ins.
i. Monthly reporting and optimisation.
j. Bonus personal profile tagging in Facebook Groups where suitable.
The Company is responsible for replying to comments, messages and any Enquiries received.
This Package includes the Happiness Guarantee and the Enquiry Guarantee.
