terms of service
1. Overview of Services
Third Born offers a range of digital marketing services, specializing in:
- Social Media Management: Strategic planning, content creation, community management, ad spend management and scheduling for Instagram and TikTok.
- Content Production: High-quality photography, video shoots, and production for digital marketing use.
- Influencer Marketing: Identification, engagement, and management of influencers for brand collaborations and campaign integration.
- Social Media Strategy: Comprehensive planning and audience targeting based on data-driven insights.
- CGI Video Creation: State-of-the-art CGI production services for creating immersive visual content.
Website Design: User-friendly, visually stunning, and fully responsive websites tailored to your brand’s needs, delivering a seamless online experience.
2. Payment Terms
- Billing Structure: We offer both monthly retainer and project-based billing options, determined by the client’s specific needs and project scope. Fees and terms are clearly outlined and agreed upon in the service contract.
- Payment Methods: Payments can be made through approved methods under UAE regulations, including bank transfers and credit card payments. Clients are expected to adhere to the invoicing schedule provided.
- Late Payments: Payments are due on or before the date specified in the invoice. If payment is not received within 7 days of the due date, a late fee of 5% may be applied. Failure to pay on time may result in a temporary suspension of services until the outstanding amount is settled.
3. Client Obligations
Clients play an integral role in the successful execution of our services and are responsible for:
- Providing Timely Assets and Approvals: All required brand assets, materials, and feedback must be provided within the timelines outlined in our project calendar.
- Reviewing and Approving Deliverables: Clients must review and respond to deliverables (drafts, revisions, etc.) in a timely manner. Any delays in approval may impact the project timeline.
- Complying with Legal and Regulatory Standards: Clients are responsible for ensuring their content and directives comply with applicable laws and regulations. Third Born is not liable for issues arising from non-compliance on the client’s part.
- Responsibility for Additional Costs: Clients are responsible for covering any additional expenses directly related to their campaign, including but not limited to ad spend, influencer fees, venue rentals for shoots, and any third-party costs required to execute the project as outlined in the scope.
4. Service Delivery
- Project Timelines: We strive to meet all agreed deadlines. A detailed project calendar with milestones and delivery dates is shared at the beginning of each month, subject to adjustments as needed in consultation with the client.
- Onboarding: Following agreement on scope and the receipt of initial payment, clients will receive an onboarding document within two weeks, covering best practices and social media hygiene.
- Campaign Adjustments: In cases where adjustments are needed due to client-requested changes, revised timelines will be provided to accommodate the new scope.
5. Refund and Cancellation Policy
Refund Policy: Third Born considers refunds on a case-by-case basis and may offer refunds within the first month of service under specific terms agreed in the contract. All refund requests must be submitted in writing and will be reviewed for approval.
Cancellation: Clients may terminate the contract with 30 days notice if they wish to end services. Cancellation terms, including any applicable fees, are outlined in each client’s agreement.
6. Liability Disclaimer
Third-Party Platforms and Influencer Performance: We manage content on third-party platforms and work with influencers, but we are not responsible for platform downtime, algorithm changes, influencer performance, or external disruptions affecting campaign results.
Limitation of Liability: Third Born’s liability is limited to the fees paid for our services. We are not liable for indirect, incidental, or consequential damages, including loss of revenue or data arising from the use or inability to use our services.
7. Intellectual Property Rights
Content Ownership: All custom content created by Third Born, including photos, videos, and CGI assets, becomes the property of the client upon full payment. Clients receive full usage rights for these assets and may use them without restrictions, provided the terms of payment are met.
Third-Party Material: Any third-party content, stock images, or licensed assets used in the project may be subject to licensing restrictions. Clients are responsible for complying with the terms of these licenses in the use of third-party materials.
8. Confidentiality and Data Protection
Confidentiality: Both parties agree to maintain the confidentiality of proprietary information, business practices, and data exchanged during the course of service.
Data Protection: We are committed to protecting client data in compliance with UAE data protection laws. Please refer to our Privacy Policy for details on data usage and protection.
9. Dispute Resolution
Resolution Process: In the event of a dispute, both parties agree to first seek resolution through mediation. If mediation fails to resolve the matter, the parties may proceed to arbitration per UAE arbitration standards before pursuing any legal action.
10. Governing Law
This agreement, along with any disputes or claims arising from it, is governed by and interpreted according to the laws of the United Arab Emirates.