Terms & Conditions
This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions on which you (the “Client”) has engaged Outlead Ltd (trading as The Social Wizards) The Social Wizards Ltd to perform certain Services (the “Services”). This is a legally binding agreement between you and The Social Wizards, or Outlead Ltd (trading as The Social Wizards). By becoming a The Social Wizards Client or customer, you agree to be legally bound by the terms and conditions set out in this Agreement. The “Effective Date” of this Agreement shall be the date on which you submit your order for Services to The Social Wizards Social.
1. SERVICES
The Social Wizards will provide the Services to the Client as outlined on the The Social Wizards website (www.thesocialwizards.com).
2. OUR OBLIGATIONS
2.1 The Social Wizards will provide the Services to the Client in accordance with The Social Wizards standard policies and procedures. The Social Wizards reserves the right to reject the Client for any reason in The Social Wizards sole discretion. The Social Wizards will be responsible for all aspects of providing the Services.
2.2 All The Social Wizards rules, policies and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and The Social Wizards may change its rules, policies and operating procedures from time to time at its sole discretion.
3. FEES AND PAYMENT
3.1 All fees for Services provided to the Client are due and payable in full, monthly, 3-monthly, or 6-monthly in advance of the provision of the Services.
A valid credit or debit card shall remain securely on file to cover recurring charges for service.
3.2 Initial charges for the Service will be paid in advance of provision of the Services. The Social Wizards Social will then charge the Client’s credit or debit card once every calendar month, or once every 3-months, or once every 6-months, following the first order date. From the date of your first payment there will be approximately 10 days before your plan commences. Charges not paid by the due date for any reason will result in a suspension of Services until full payment is received. The client must give 30 days written notice to terminate any Services.
3.3 Except in the case of a material breach of this agreement by The Social Wizards or in the case of a refund being requested within the 20 days of the Client’s first order being made (‘20-day money-back guarantee’) if any when being offered at the time of purchase. The Social Wizards does not issue refunds of any fees for any reason.
4. LINKEDIN
Use of our LinkedIn Lead Generation Service is at your sole risk. We are not affiliated with LinkedIn or any third-party social media sites in any way. It is your sole responsibility to comply with LinkedIn’s terms of service.
5. WARRANTY DISCLAIMERS
The Social Wizards expressly disclaims any and all warranties regarding or related to this agreement, the Services or any materials or assistance provided to the Client, express or implied, including without limitation the warranties or merchantability, course of performance or dealing, trade practice, title, no-infringement, and fitness for particular purpose.
6. INDEMNITY
The Client will indemnify and hold harmless The Social Wizards and its customers, suppliers, directors, officers, agents and employees from and against any and all losses, costs, damages, liabilities and expenses (including, without limitation, reasonable solicitors fees) arising out of or relating to any breach by the Client of any of the terms of this Agreement.
7. LIMITATION OF LIABILITY
The Social Wizards shall not be liable to the client or any entity or person claiming through or under the client for any loss of profit or income or other indirect, consequential, incidental, or special damages, whether in an action for contract or tort, in connection with this agreement, even if The Social Wizards has been advised of the possibility of such damages. Under no circumstances shall The Social Wizards liability to the client hereunder exceed the amount paid to The Social Wizards by the client for the previous one (1) month of services. This limit is cumulative and the existence of more than one claim will not enlarge the limit. The client acknowledges that these limitations of liability are an essential element of the agreement between the parties and in their absence the terms and conditions of this agreement would be substantially different.
8. WHITE LABEL NON-SOLICITATION
For the purposes of this clause, the following definitions apply:
- Partner: an organisation using The Social Wizards to provide white labelled services for their own clients
After a White Label Order has been placed, The Social Wizards shall not directly or indirectly approach our Partners’ client, intentionally interfere with the relationship of our Partner and their client, or endeavour to entice clients away from the Partner. The relationship between The Social Wizards and Partners shall remain private.
9. MISCELLANEOUS
This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof. This Agreement may be amended from time to time in The Social Wizards sole discretion. An email communication sent to Client’s last known email address will be deemed sufficient notice of any such changes in this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties’ successors and permitted assigns; provided however, that the Client may not assign this Agreement, in whole or in part, without The Social Wizards prior written consent and any assignment by the Client without such consent shall be null and void. This Agreement shall be governed by and interpreted in accordance with the laws of England and Wales. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, that provision will be severed only to the extent minimally necessary, and the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party