Terms & Conditions
Effective Date: July 22, 2025
Last Updated: July 22, 2025
Acceptance of Terms
By accessing our website, engaging our services, or purchasing our digital products, you (“Client,” “you,” or “your”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, please do not use our services.
These Terms constitute a legally binding agreement between you and Opal Wave Media, a corporation incorporated in British Columbia, Canada (“Company,” “we,” “us,” or “our”).
Services Offered
Opal Wave Media provides:
Social Media Management Services:
- Social media strategy development
- Content creation and curation
- Account management and posting
- Community management and engagement
- Social media advertising campaigns
- Analytics and reporting
- Brand monitoring and reputation management
Digital Products:
- Templates, guides, and educational materials
- Software tools and applications
- Online courses and training programs
- Digital marketing resources
Service Agreements and Scope
Social Media Management Services
Service Proposals: All social media management services begin with a detailed proposal outlining scope, deliverables, timelines, and pricing. Services commence upon signed agreement and initial payment.
Account Access: You grant us necessary access to your social media accounts and related platforms. You remain the owner of all accounts and can revoke access at any time.
Content Approval: Unless otherwise agreed, we will provide content for your review and approval before posting. Emergency posts or time-sensitive content may be posted without prior approval if specified in our agreement.
Platform Changes: We are not responsible for changes to social media platform algorithms, policies, or features that may affect campaign performance.
Digital Products
Licensing: Digital products are licensed, not sold. You receive a non-exclusive, non-transferable license to use products according to the specific terms provided with each product.
Delivery: Digital products are delivered electronically. It is your responsibility to download and save products upon purchase.
Payment Terms
Social Media Services:
- Payment terms are specified in individual service agreements
- Invoices are due within 30 days unless otherwise specified
- Late payments may incur a 1.5% monthly service charge
- Services may be suspended for accounts 30+ days overdue
Digital Products:
- Payment is required at time of purchase
- All sales are processed in Canadian dollars (CAD)
- Prices are subject to applicable taxes
Payment Methods: We accept major credit cards, bank transfers, and other payment methods as specified during checkout.
Intellectual Property Rights
Your Content: You retain ownership of all content, materials, and intellectual property you provide to us. You grant us a non-exclusive license to use, modify, and distribute your content for the purpose of providing services.
Our Work Product: We retain ownership of our methodologies, processes, and general knowledge. Specific deliverables created for you (such as custom graphics or strategies) become your property upon full payment.
Third-Party Content: We may use third-party content (stock photos, music, etc.) in our services. You are responsible for ensuring proper licensing for any third-party content you request us to use.
Digital Products: All digital products remain our intellectual property. You may not resell, redistribute, or modify our digital products without explicit written permission.
Client Responsibilities
You agree to:
- Provide accurate information and materials necessary for service delivery
- Respond to requests for feedback and approvals in a timely manner
- Maintain the confidentiality of account login credentials
- Comply with all applicable laws and social media platform terms of service
- Provide proper licensing for any third-party content you wish us to use
- Review and approve content before publication (where applicable)
Confidentiality
Both parties agree to maintain the confidentiality of proprietary information shared during the course of our business relationship. This obligation survives termination of services.
Performance and Results
No Guaranteed Results: While we strive for excellent results, we cannot guarantee specific outcomes such as follower growth, engagement rates, or sales conversions. Social media performance depends on many factors beyond our control.
Best Efforts: We commit to providing services with professional skill and care, following industry best practices and your approved strategy.
Reporting: We provide regular reporting on agreed-upon metrics and key performance indicators.
Limitation of Liability
To the maximum extent permitted by law:
- Our total liability for any claim related to our services shall not exceed the amount paid by you for services in the 12 months preceding the claim
- We are not liable for indirect, incidental, consequential, or punitive damages
- We are not responsible for third-party platform outages, policy changes, or technical issues
- You acknowledge that social media marketing involves inherent risks and uncertainties
Termination
By You: You may terminate services with 30 days written notice. You remain responsible for payment of all services provided up to the termination date.
By Us: We may terminate services immediately for breach of these Terms, non-payment, or if continuing services would be illegal or harmful to our reputation.
Effect of Termination: Upon termination, we will provide final reporting and transfer any remaining deliverables. You retain ownership of your social media accounts and content.
Refund Policy
Services: Services are generally non-refundable once work has commenced. Refunds may be considered on a case-by-case basis for unused portions of prepaid services.
Digital Products: Due to the nature of digital products, all sales are final. Refunds may be considered within 7 days of purchase if the product is materially different from its description.
Force Majeure
We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, internet outages, or social media platform changes.
Dispute Resolution
Governing Law: These Terms are governed by the laws of British Columbia, Canada.
Jurisdiction: Any disputes will be resolved in the courts of British Columbia, Canada.
Mediation: We encourage resolving disputes through good faith negotiation and, if necessary, mediation before pursuing legal action.
Changes to Terms
We may update these Terms periodically. Material changes will be communicated to active clients. Continued use of our services after changes constitutes acceptance of updated Terms.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Entire Agreement
These Terms, together with any signed service agreements and privacy policy, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.
Contact Information
For questions about these Terms and Conditions, please contact us:
Opal Wave Media
Vancouver, British Columbia, Canada
Email: admin@opalwavemedia.com