1. Introduction

 

1. The Terms and Conditions set out below (“Terms”) apply to the delivery of the Socialista Pro Group coaching and mentoring programme (“the Programme”) by Socialista Media (“us, “we”) and you, the purchaser of the Programme, (“you”, “your”) are deemed to accept them when you place your order to join the Programme and/or provide payment or part payment of the Fee (as defined below).

 

2. These Terms, along with our privacy notice and website terms and conditions, which can be found at www.socialistamedia.co.uk (“the Website”), represent the entire agreement between us and apply to the exclusion of any other terms or any previous course of dealing. For the avoidance of doubt these Terms shall take priority over any other documents in the event a conflict arises.

 

3. If you access or use any of our free resources whether they are provided directly to you or accessed through our Website, which may include audio files, workbooks, PDFs, introductory or discovery sessions, podcasts or workshops then these Terms will apply to those, except for the clauses relating to payment. 

 

2. The Programme

 

1. As part of the Programme we agree to provide you with social media related business coaching and mentoring services and support (“the Services”) as set out on our Website and referred to in Schedule 1, attached to these Terms. When we deliver the Programme to you, we will use reasonable skill and care, consistent with best practice and standards applicable within our industry and in doing so we may engage the services of our employees, associate coaches, contractors and such other third-party providers as may be necessary to support us in delivering the Programme.

 

2. your access to the Programme where we have concerns as to your suitability to safely participate and engage. Following such action, we will arrange to speak with you to discuss the matter and to determine whether the suspension will be made permanent. Where we consider that continued provision of the Programme is unsuitable or unsafe then our arrangement will terminate. Any decision to provide you with a refund will be entirely at our discretion having regard to the particular circumstances and the extent of the Programme already provided.

 

3. As part of your participation in the Programme you may be required to review and make decisions concerning your business and career, finances, lifestyle and education and development. You accept that any such reviews, decisions or subsequent action will be your sole responsibility and that we shall not be liable if you fail to make any decisions or put into action any plans or strategy.

 

3. Accessing groups and sessions

 

1. The Programme will include group sessions (“Sessions”) as detailed on our Website and in Schedule 1. All Sessions will be delivered via Zoom or other online meeting facility and the Session dates and times will be confirmed to you by email, or as otherwise agreed.

 

2. It will be your responsibility to check for AddEvent notifications and Facebook posts concerning the scheduling of Sessions. We regret that no alternative or replacement dates or times or refunds will be offered if you are unable to attend a Session for whatever reason. All Sessions will be recorded and made available in the portal so you will have the opportunity to catch up by accessing the recording. 

 

3. Should a situation arise where we need to reschedule a Session then we will make all reasonable attempts to provide as much notice as possible.

 

4. Your conduct and behaviour during delivery of the Programme

 

1. It is really important to us that everyone accessing the Programme feels safe and comfortable and therefore we ask that you agree to conduct yourself in a reasonable and responsible manner at all times when attending any Sessions or when using the private Programme Facebook group (“the Group”) and not to act in a manner which may cause offence, distress or alarm to any other individual accessing the Programme (“Client”).

 

2. When you use and/or access the Programme including the Services and Sessions, or the Group you agree:

 

1. not to use them for any unlawful purpose;
2. not to record any part or capture or share images of any Client without their express permission;
3. not to impact the delivery of the Programme to you or another Client;
4. not to share information, whether expressed to be confidential or not, that is shared by a Client;
5. not to canvass, promote or advertise your own products or services to any of our employees, contractors or any Client without our written consent;
6. not to act or behave dishonestly, fraudulently, or in a way which we reasonably consider may have a detrimental effect on our business or reputation;
7. that you will not upload, post, transmit or otherwise make available any content or materials that:

1. infringe any copyright, trademark, or other Intellectual Property rights (as further defined below) belonging to us or any Client; 
2. are by their nature defamatory, libelous, obscene, demeaning or which cause offence to us or any Client, whether intended or not;
3. disclose personal and/or confidential or sensitive information about another person;
4. is threatening or causes a Client to feel harassed or in fear; and/or
5. is classed as spam.

 

3. Where we consider, in our reasonable opinion, that you are in breach of clause 6.2 above then we reserve the right to suspend your access to the Programme, including any Services, Sessions and the Group. Following such action, we will arrange a meeting with you to discuss the matter and to determine whether your access will be removed permanently. Where we decide to withdraw access permanently then our arrangement will terminate. Any decision to provide you with a refund will be entirely at our discretion having regard to your actions and the extent of the Programme or Service already provided.

 

4. If you become aware of any inappropriate behaviour, comments, or content being shown or displayed within any Sessions or the Group, or during the delivery of any aspect of the Programme then we ask that you notify us as soon as possible so that we may investigate and take action accordingly.

 

5. Payment terms 

 

1. The total price of the Programme is as set out in Schedule 1 (“the Fee”). 

 

2. Where we agree to accept payment by instalments, then you must pay the instalments in accordance with the instalment plan agreed at the time of your purchase of the Programme. Each instalment received shall be credited to the outstanding amount of the Fee owed by you until we have received payment of the Fee in full. You agree and acknowledge that you are liable to provide full payment of the Fee notwithstanding any instalment plan that may be agreed between us and that you will remain responsible for payment of the entire Fee, despite any cancellation, lack of usage of the Programme or other circumstance arising, until the Fee has been paid in full or we agree otherwise. Your entitlement to lifetime access to the Programme, as set out in clause 14.4 below, arises only upon full payment of the Fee. Where any payment of the Fee or any instalment of the Fee is outstanding, then we reserve the right to terminate your access to the Programme in accordance with these Terms. 

 

3. Time for payment of the Fee or any instalment of the Fee shall be of the essence and shall be made without deduction, set off, or any form of withholding except as is required by law, and cleared payment of the Fee, or the first instalment of the Fee, must be received by us before you are entitled to access the Programme.  

 

4. If you choose to pay by credit or debit card then you authorise us to charge your payment method. If it is rejected or fails but you have still received access to the Programme you agree to provide full payment within 7 days from the date of the rejected or failed payment.

 

5. The Fee is calculated based upon our knowledge and experience and the time, effort and availability of the Programme and is not based on your actual usage and/or level of attendance. On this basis you agree and acknowledge that:

 

1. you shall not be entitled to any form of credit to or deduction from the Fee for any missed Sessions, non-attendance or lack of usage of the Programme on your part: and
2. the Fee is payable in full and non-refundable save for the circumstance set out in the clause below.

 

6. Payment of the Fee and any deposit is non-refundable unless we cancel delivery of the Programme (as set out in clause 12.2), in which case you shall be entitled to a partial refund calculated on a pro-rata basis having regard to the proportion of the Programme which you have paid for but have not yet received. This does not affect your statutory rights.

 

7. In light of our clear refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted. If you have any concerns with any aspect of the Programme then you agree to contact us by email to hello@socialistamedia.co.uk and allow us the opportunity to investigate and resolve your concerns. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of these Terms and you agree to indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with our reasonable costs for dealing with the matter calculated at a rate of £100 per hour. 

 

8. We reserve the right to vary the price of our Programmes and Services at any time. Any changes will not affect you and the Fee you are required to pay, if you have already made payment and we have sent your welcome email.

 

9. Without prejudice to any other right or remedy that we may be entitled to, where any payment due to us is beyond 7 days overdue then:

 

1. We shall be entitled to suspend your access to the Programme until payment has been made in respect of the outstanding amount; and 

 

2. interest shall accrue and be added to your account on a daily basis as from the date payment is due until full payment (including accrued interest and any charges) is received. Interest will be calculated on the outstanding amount at a rate of 5% over the Bank of England’s base rate from time to time.

 

10. In the event any payment due to us is beyond 14 days overdue then we shall be entitled to terminate our agreement and your access to the Programme and any Services, and instruct a collection or legal agent to seek recovery of the Fee and charges along with interest and any accrued costs incurred.

 

6. Complaints or concerns

 

1. It is important to us that you are entirely happy with the Programme and the Services. Should you have any complaints or concerns please let us know by email to hello@socialistamedia.co.uk and allow us a reasonable amount of time to investigate and resolve your concerns before you take any further action. For the purposes of these Terms, further action includes stopping payment or making any chargeback or similar claim.

 

2. Upon receipt of any complaint or concern, we will confirm receipt by email and follow our internal complaints handling procedure to investigate and deal with the matter. We reserve the right to vary or re-perform the Services where we consider a concern is justified and in such case these Terms will apply to any re-performed Services.

 

3. Nothing in this Agreement affects any statutory rights that may apply to you.

 

7. No Guarantee

 

1. You agree and understand that your use of and access to the Programme does not guarantee any particular benefit, results, or success whether financial or otherwise. During delivery of the Programme, we will provide you with access to information, resources and support all designed to benefit you, but it remains, at all times, your responsibility to take action and to implement the necessary information received and/or any skills or tools shared. Your success and any results are dependent on individual factors which are personal to you such as your experience, dedication and effort, all of which are outside of our control and we are not able to guarantee that you will achieve any particular benefit, results or success.

 

2. We have made every effort to accurately represent the Programme and the included Services. Any testimonials and/or examples of results achieved or previous Clients’ experiences, including the potential to achieve specific financial results are not intended to represent or guarantee that you will achieve the same or similar results or experience. Any reference to earnings or income is an estimate only and not a guarantee that you will achieve any particular level of income or any financial results at all. Any examples of past achievements, including financial results, do not indicate, suggest or guarantee that the same is possible in the future. We make no guarantees as to the results you may achieve and your individual success, results and your experience will depend on many factors, including your background and experience, dedication and effort and your individual desire and motivation all of which are outside of our control and on this basis, we make no guarantee, representation or warranty with respect to the Programme or the Services provided. 

 

3. Any information or content provided on our Website or provided to you during delivery of the Programme is not intended to constitute advice and should not be relied upon when making any decisions or taking any action. 

 

4. You accept that starting, building and managing a business involves time, effort and resources and there are inherent risks which could affect your experience and your results. Your experience, your results and your earning potential is entirely dependent on you and whilst we can provide resources to support you, we are not responsible for any outcomes or results.

 

8. Non-solicitation and non-competition

 

1. For the duration of your access to the Programme and for a period of 6 months afterwards you agree NOT to:

 

1. solicit or attempt to solicit any Client without our express consent, such consent not to be unreasonably withheld; 
2. employ, engage or attempt to induce, employ, solicit or entice away from us any of our employees, associate coaches, contractors or freelancers that were engaged, employed or contracted to us at any point during the time of your access to the Programme, without our express consent in writing, such consent not to be unreasonably withheld. 

 

9. Accreditation

 

1. As part of the Programme you will be offered the opportunity to achieve accreditation as a CPD accredited social media manager (“ASMM”).  In order to become an ASMM you will be required to successfully complete the accreditation process to demonstrate your competency.

 

2.  The accreditation process is as follows:

 

1. Completion of all 6 Programme modules; and
2. Completion of all practical assessments.

 

3. If you fail to successfully complete the assessment then you will be entitled to undertake one further assessment at no additional cost to you. We reserve our rights to charge a fee in respect of our time and to cover administration costs for any further assessment attempts should your first reassessment be unsuccessful.

 

4. The decision to certify you as an ASMM shall be at our absolute discretion. We make no guarantee that you will successfully achieve accreditation. Any appeals concerning our decision should be made in writing and emailed to hello@socialistamedia.co.uk.

 

5. No refunds will be provided where a decision is made not to provide you with the accreditation, although we may offer you the opportunity to retake the assessment or certain elements of the Programme again at no extra cost if you have fully complied with the Programme, attended all Sessions and have completed all assessments and tasks provided, any such decision shall be at our absolute discretion.

 

6. You will have a period of 6 months from the date of enrollment to complete your assessment and any reassessments. After this date you will only be entitled to complete your assessment or any reassessment with our express consent in writing.

 

10. Cancellation and Termination

 

1. You may cancel your access to the Programme and end this Agreement at any time by providing us with notice in writing by email to hello@socialistamedia.co.uk. Please remember that unless the circumstances set out in clause 5.6 apply, no refunds will be provided and you will remain liable for full payment of the Fee despite any notice of cancellation.

 

2. We may terminate your access to the Programme and the Services where we are unable to continue providing the Programme for any reason. In such circumstances we will provide you with notice in writing and where we have not already provided full access to the Programme and/or Services or where they have not been fully delivered by us, we will provide you with a pro-rata refund in accordance with clause 5.6 above.

 

3. We shall be entitled to terminate your access to the Programme, with immediate effect and without refund of any Fee, whether paid or remaining due and payable if we reasonably determine that:

 

1. You have committed a material breach of any of your obligations under these Terms; or
2. You have failed to provide payment of any sum due to us as and when it becomes due; or
3. You have become subject to a bankruptcy, insolvency or similar financial order or process affecting you or your business; or
4. You have acted or behaved dishonestly, fraudulently or in a way which we reasonably consider may have a detrimental effect on our business or reputation; 

 

4. Upon termination of this Agreement, for any reason then:

 

1. Subject to clause 14.4 below, your access to the Programme, Services, the portal, any private social media accounts, the Group and any other online resources will be removed, unless we agree in writing otherwise. We will not be liable to you for any claims relating to the removal of any access;
2. any Fee or other monies which you owe to us will become immediately due and payable;
3. any provision of these Terms which either expressly or by its nature relates to the period of time after termination and/or the Programme and Services have been delivered, shall remain in full force and effect, in particular clauses 4, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16 and 17; and
4. you will upon request, return or destroy any Content or Confidential Information (as defined below) which belongs to us.
5. Termination for whatever reason will not affect any rights, remedies, obligations and liabilities which have accrued as at the date of termination, including the right to claim damages for any breach which existed on or before the date of termination.

 

11. Confidentiality

 

1. The protection of confidentiality is very important to us that is why when you disclose or share any information it will be kept strictly confidential.

 

2. Where any information is disclosed to you, or where it is disclosed by a Client you agree that the information belongs solely and exclusively to the person disclosing it, and that you will keep it strictly confidential and not:

 

1. disclose, communicate, reproduce or distribute it, or use it for your own benefit, whether personally or commercially, and whether directly or indirectly;  
2. use it for any purposes which are unlawful, would cause harm or distress to another person, or would cause damage to our business or reputation.

 

3. The obligations above exclude any information that was already known to us before you provided it, or where it was already in the public domain, created by us, or provided to us separately by someone else without any breach of these Terms.

 

12. Intellectual Property

 

1. For the purposes of this Agreement, Intellectual Property shall mean all worldwide intellectual property rights whether registered or unregistered, registrable or non-registrable, including any application or right of application for such rights and shall include copyright and related rights, database rights, confidential information, trade secrets, know how, trade names, business names, trademarks, passing off rights, patents and rights in designs. 

 

2. When you purchase the Programme, you may be provided with access to materials, tools, videos, resources, documents, workbooks, information, templates, data and other content (“Content”). You accept that we are the owner or licensee of all Intellectual Property Rights and any other rights existing in the Content and that the Content can only be used for your personal use in connection with your access to and use of the Programme and the purchased Services and no Content should be shared, copied, disclosed, reproduced, published or made available to a third party whether or not for commercial reasons without our express consent. Nothing in these Terms operates to transfer ownership of any Intellectual Property Rights in any Content to you and you may not use any of our Intellectual Property Rights including but not limited to our trade marks, business names, domain names and any logos without our prior written consent.

 

3. You will be granted a personal, limited, worldwide, non-transferable, non-exclusive, revocable licence (“Licence”) to access, view and use our Content for your private and personal use in connection with your participation in the Programme and for the purposes the Services are intended for. Your Licence becomes valid upon full payment of the Fee and any other monies owing to us and we have the right to withdraw it at any time, without notice, where we reasonably believe you are in breach of the terms of the Licence or any provision of these Terms.

 

4. Subject to your compliance with clause 14.3, you shall be entitled to access the Programme and any Content for the lifetime of the Programme. For the purposes of these Terms lifetime of the Programme shall mean the period of time that the Programme is available to purchase through our Website and for the avoidance of doubt we shall be at liberty to remove the Programme at any time (subject to satisfying any remaining courses).

 

13. Your Personal Information

 

1. Any personal information you provide to us will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the UK GDPR and the Data Protection Act 2018. We shall only process your personal Information to the extent reasonably required to enable proper delivery of the Services and shall retain it only for as long as reasonably necessary to allow us to complete and deliver the Services and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your personal Information please refer to our privacy notice which can be found at www.socialistamedia.co.uk.

 

2. In connection with the delivery of the Programme your image may be recorded in photographs, images or screenshots by us or other Clients and shared on social media. By accessing the Programme and Services and agreeing to these Terms you are providing your consent for your image to be used. Should you wish to revoke your consent you can do so at any time by emailing us at hello@socialistamedia.co.uk.

 

3. Any of our obligations arising under this clause and under clauses 13 and 14 above, shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings (whether or not in relation to these Terms), to allow us to obtain legal advice, where we have been directed to do so by a court or other body of equivalent jurisdiction or where it is necessary because we reasonably believe you are at risk of danger to yourself or others.

 

14. Reviews and Testimonials 

 

1. If you share comments, information, content, photographs, graphics or images (“Client Content”) you are granting to us, free of charge, permission to use that Client Content in any way as part of our business services, which shall include advertising and marketing. When sharing Client Content, you confirm that you have the legal right to share it and that it does not infringe any third party’s Intellectual Property or other rights.

 

2. If you provide us with a testimonial, review or similar (“Review”) then by doing so you are providing your consent for us to exhibit, copy, publish, distribute, use on our Website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, your Review or part of your Review, as we reasonably require to lawfully promote our business. You can amend your consent at any time by emailing hello@socialistamedia.co.uk.

 

15. Liability

 

1. When you purchase the Programme, you acknowledge and agree that:

 

1. these Terms do not constitute or imply any business relationship other than as set out within; and 
2. any information, support and guidance provided will not be personal to you and should not be taken or relied upon as advice, guidance or information personal to you; and 
3. you have not relied on any statement, promise, warranty or representation made or given by or on our behalf.

 

2. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation. 

 

3. We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:

 

1. any indirect, consequential or special damages, losses or costs;
2. any loss of profits, business, data, reputation or goodwill or any such anticipated losses;
3. any failure to deliver the Programme or provide access to the Services where we are prevented due to an event beyond our reasonable control; or
4. where we have informed you of a problem with the Service and provided you with a free update to resolve any problem and you have failed to apply the update, or where any damage is caused due to your failure to follow any instructions or guidance we provide; or
5. any losses arising from your choice of Programme or your use of the Services once delivered

 

4. We do not warrant or guarantee that your access to the Programme or any Service will be:

 

1. accessible via your particular hardware or software;
2. free from interruptions or errors;
3. free from defects; and/or
4. suitable for your particular business situation or circumstances.

 

5. Our entire liability to you shall be limited to the amount of the Fee paid by you at the time any loss is sustained.

 

6. During the term of your available access to the Programme and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or any Client, or damage our reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or any Client.

 

7. In the event a dispute arises in connection with the provision of the Programme which we are unable to resolve following our internal complaints process or otherwise by mutual consent, then we both agree to submit the matter for mediation by a CEDR accredited independent mediator. In the event a resolution is still not possible 30 days following a mediation decision then either of us shall be at liberty to commence legal action.

 

16. Who we are and how to contact us

 

1. The Services shall be delivered by Socialista Media. Our business address is 49 Jamaica street, Level One Liverpool, Studio N, L1 0AH and our business registration number is 10049027. Should you wish to contact us then you can email us at hello@socialistamedia.co.uk or alternatively you can write to us at the postal address above.

 

2. If we need to contact you, we will use the email address you provide at the time you purchase the Programme. If you change your contact email address it will be your responsibility to notify us so that we can update our records.

 

3. Any reference in these Terms to a notice shall mean a notice in writing sent by email to the email address referred to above.  All emails will be taken as delivered 48 hours from valid transmission.

 

17. General

 

1. The failure of either one of us to actively enforce any provision of these Terms shall not constitute a waiver, diminution or limitation of any right (including any enforcement rights).

 

2. In the event any provision of these Terms is deemed to be invalid or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.

 

3. We shall be entitled to transfer any of our rights and obligations under these Terms at any time without notice to you.

 

4. These Terms represent the entire agreement between us and supersede all other negotiations, drafts, correspondence and discussions prior to you purchasing the Programme.

 

5. You agree that we have made no other representations to you to induce you into purchasing the Programme.

 

6. Where we deem it necessary to vary or modify these Terms (other than the Fee) then we shall notify you of any changes by email and your continued use of the Programme and/or the Services will be deemed as your acceptance of any changes. 

 

7. Save as provided for in clause 17.6, the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.

 

8. These Terms and any dispute or claim arising out of them (including non-contractual disputes of claims) shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.

 

Schedule 1

 

1. Description of Services

 

The Socialista Industry Pro’ programme is a social media coaching, mentoring and business support programme designed to support you in accelerating your social media management business success.

 

When you sign up you can expect to receive:

 

1. Access to 6  social media related modules and other associated learning materials for a period of 6 months from the date of purchase;
2. Access to weekly live group coaching/mentoring Sessions lasting up to 60-minutes each for a period of 6 months from the date of purchase;
3. Access to 1-1 Success Coaching for a period of 6 months from the date of purchase;
4. Access to a dedicated Industry Pro private Facebook group for 6 months starting from the date of purchase;
5. 1 x Legal contract template;
6. 20 x social media related Canva Templates;

 

Full details of what is provided as part of the Programme is as set out on our Website.

 

During Sessions you may have the opportunity to be selected for Instagram analysis or as a hot seat participant. Selection will made at random and there is no guarantee that you will be selected

 

Lifetime access is as defined in the Terms above.

 

2. Payment terms 

 

The Fee for the Programme is SMM Industry Pro is as set out on the sales page or application call process.

 

Payment of the Fee can be made in one upfront payment or by agreed instalments. 

 

Where we agree to accept payment of the Fee by instalments the instalments must be paid in accordance with the instalment plan agreed at the time of purchase of the Programme. You will remain liable for payment of the Fee until all instalments have been made.

 

3. Timetable

 

The Programme is intended to be accessed and certification completed over a 6 month period.

 

Delivery of the Programme shall begin on the date of purchase or as otherwise confirmed to you by email.