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TERMS OF SERVICE

 

 

 

Trak Social
Governing Law: Scotland, United Kingdom
Effective Date: 11/02/2026
Last Updated: 11/02/2026

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1. AGREEMENT

1.1 By engaging Trak Social (“Company”, “we”, “us”, “our”), the Client agrees to be legally bound by these Terms.

1.2 These Terms apply to all services unless expressly varied in writing and signed by both parties.

1.3 In the event of conflict between these Terms and any proposal, invoice, or service description, these Terms prevail unless expressly agreed otherwise in writing.

1.4 These Terms constitute the entire agreement and supersede all prior discussions or representations.

1.5 If the Client is a consumer (not acting in the course of business), additional rights under Clause 18 apply.

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2. SERVICES

2.1 Scope

Services may include:

  • Uploading and scheduling Client-supplied content

  • Editing supplied footage and images

  • Publishing posts

  • Caption writing

  • Account management

  • Performance reporting (if included)

  • Community moderation (if agreed)

  • Other services as set out in the selected package

Services are limited strictly to the agreed package.

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2.2 Content Supply Requirement

The Client is solely responsible for supplying:

  • Video footage

  • Photographs

  • Branding materials

  • Promotional details

  • Offers, pricing, disclaimers

Failure to provide content does not reduce fees.

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2.3 No Production Services

Filming or photography is not included unless agreed in writing.
Third-party providers are engaged at the Client’s sole risk.

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2.4 Revisions & Scope Control

Unless otherwise agreed:

  • Two (2) reasonable revisions per post are included.

  • Additional revisions are billable.

  • Requests outside agreed scope constitute additional services and may be charged separately.

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2.5 Right to Refuse Content

We may refuse content that is unlawful, defamatory, discriminatory, misleading, infringing, or exposes us to regulatory or reputational risk.

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3. DELEGATED PUBLISHING AUTHORITY

3.1 The Client grants delegated authority to schedule, edit, upload, and publish content consistent with agreed strategy.

3.2 Individual pre-approval is not required unless agreed in writing.

3.3 The Client:

  • Retains full admin access

  • Must monitor accounts

  • Remains ultimately responsible for all content

3.4 The Client remains responsible for compliance with:

  • UK advertising regulations

  • The CAP Code

  • ASA requirements

  • Consumer protection law

  • Industry-specific regulations

3.5 We are not liable for regulatory complaints where content was published in good faith using Client-supplied information.

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4. CONTENT RESPONSIBILITY & INDEMNITY

4.1 The Client warrants that all supplied content:

  • Is lawful

  • Is accurate

  • Does not infringe third-party rights

  • Complies with UK advertising law

4.2 The Client shall indemnify and hold harmless Trak Social against all claims, losses, damages, fines, penalties, legal costs or expenses arising from:

  • Client-supplied content

  • Misleading statements

  • IP infringement

  • Defamation

  • Regulatory complaints

  • Breach of advertising standards

This indemnity survives termination.

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5. ACCOUNT CONTROL & PLATFORM RISK

5.1 The Client retains account ownership.

5.2 We are not liable for:

  • Algorithm changes

  • Platform suspensions

  • Decreased reach

  • Shadow banning

  • Hacking

  • Platform outages

  • Third-party failures

5.3 The Client is responsible for maintaining account security including 2FA.

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6. PAYMENT TERMS

6.1 Fees are set out in the proposal or invoice.

6.2 Payment is due on the 1st of each calendar month unless otherwise agreed.

6.3 Late payments may result in:

  • Immediate suspension

  • Statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998

  • Recovery costs

  • Termination

6.4 Fees are non-refundable once services commence, except where required by law.

6.5 Chargebacks or payment reversals constitute material breach.

6.6 Intellectual property does not transfer until full payment is received.

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7. NO GUARANTEE OF RESULTS

We do not guarantee:

  • Follower growth

  • Engagement

  • Leads

  • Revenue

  • Viral performance

  • Platform verification

Services are provided with reasonable skill and care.

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8. TERM & TERMINATION

8.1 Either party may terminate with 30 days’ written notice.

8.2 We may terminate immediately for:

  • Non-payment

  • Abuse

  • Illegal conduct

  • Material breach

8.3 All fees due up to termination remain payable.

8.4 Upon termination:

  • Scheduled content may be cancelled

  • Access may be removed

  • Outstanding balances remain payable

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9. INTELLECTUAL PROPERTY

9.1 Client retains ownership of original materials supplied.

9.2 The Client grants us a non-exclusive licence to use materials for service delivery.

9.3 Intellectual property in deliverables transfers only upon full payment.

9.4 We retain ownership of:

  • Templates

  • Systems

  • Frameworks

  • Methodologies

  • Editing styles

9.5 We may use published work and anonymised data for portfolio purposes unless agreed otherwise.

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10. CONFIDENTIALITY

Both parties agree to keep confidential all non-public business, technical, financial, and strategic information disclosed during engagement.

This obligation survives termination.

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11. DATA PROTECTION (UK GDPR)

11.1 The Client is Data Controller; we act as Data Processor.

11.2 The Client warrants lawful basis for processing.

11.3 We will implement appropriate technical and organisational measures.

11.4 We are not responsible for breaches on third-party platforms.

11.5 A separate Data Processing Addendum may apply where required.

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12. COMPLAINTS & CLAIMS

12.1 Complaints must be submitted in writing within 14 days.

12.2 No claim may be brought more than 12 months after the event giving rise to the claim.

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13. LIMITATION OF LIABILITY

13.1 We are not liable for:

  • Indirect or consequential loss

  • Loss of profit

  • Loss of revenue

  • Loss of goodwill

  • Loss of data

  • Reputational damage

13.2 Total aggregate liability shall not exceed the greater of:

  • Three (3) months’ fees paid; or

  • £5,000

13.3 Nothing excludes liability for death, personal injury, or fraud.

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14. FORCE MAJEURE

We are not liable for delay or failure caused by events beyond reasonable control.

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15. NON-SOLICITATION

The Client agrees not to solicit or hire our employees or contractors during engagement and for 12 months after termination.

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16. ASSIGNMENT

We may assign or subcontract obligations. The Client may not assign without written consent.

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17. NOTICES

Notices must be sent:

  • By email to the address provided in the proposal; or

  • By recorded delivery to the registered business address.

Notice is deemed received:

  • 24 hours after email transmission

  • 2 working days after posting

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18. CONSUMER CANCELLATION RIGHTS (If Applicable)

If the Client is a consumer entering into a distance contract:

18.1 The Client has 14 days to cancel.

18.2 If the Client requests services begin during this period, they acknowledge:

  • They may be liable for services provided up to cancellation; and

  • The right to cancel is lost once services are fully performed.

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19. VARIATION

We may amend these Terms for future service periods by written notice.
If the Client does not agree, they may terminate with 30 days’ notice.

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20. SEVERABILITY

If any provision is unenforceable, the remainder remains in force.

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21. GOVERNING LAW

These Terms are governed by the laws of Scotland.
Disputes are subject to exclusive jurisdiction of the Scottish courts.

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