Terms and Conditions

Introduction and Acceptance

These Terms and Conditions (“Terms”) govern the provision of Facebook advertising services (“Services”) by Collett Associates Limited (“we,” “us,” or “our”), a company registered in England and Wales, and operating through our website at collettassociates.co.uk. By engaging us to provide these Services, you (“Client,” “you,” or “your”) agree to abide by and be legally bound by these Terms. If you do not agree with any part of these Terms, you must not proceed with the Services.

Scope of Services

2.1 Service Description: Our Services involve creating, managing, and optimizing Facebook advertising campaigns on your behalf. This includes the strategy, design, execution, and monitoring of ads to promote your business, products, or services.

2.2 Third-Party Policies: You acknowledge and agree that in addition to these Terms, you must comply with Facebook’s Advertising Policies and any related guidelines or policies that may affect the creation, placement, or distribution of your ads.

2.3 Client Cooperation: You agree to provide accurate and timely information, materials, and approvals as needed for the successful completion of our Services. Failure to do so may result in delays or additional fees.

Fees and Payment Terms

3.1 Fees: The fees for our Services will be set out in a separate quote, invoice, or service agreement provided to you. These fees may include setup costs, monthly management fees, and/or additional expenses such as ad spend.

3.2 Payment Schedule: Payment terms will be clearly stated in our invoice or service agreement. You must pay all fees by the due date indicated.

3.3 Late Payment: We reserve the right to charge interest or late payment fees if invoices remain unpaid past the due date. We may also suspend or terminate the Services until outstanding fees are settled.

3.4 Currency and Taxes: All amounts payable shall be in the currency specified in our invoice, and you shall be responsible for any applicable taxes, duties, or additional charges (including VAT, if applicable).

Intellectual Property Rights

4.1 Client Content: You retain all rights, title, and interest in and to any text, images, logos, trademarks, or other materials (“Client Content”) you provide to us for use in Facebook ads. By providing the Client Content, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and modify such content solely for the purpose of providing the Services.

4.2 Our Content: We retain all rights, title, and interest in and to any text, images, designs, or other materials we create in the performance of the Services. Upon full payment of all fees, we grant you a non-exclusive, royalty-free, worldwide license to use these deliverables for the purposes they were created.

4.3 Third-Party Materials: In the event that we use any third-party materials (such as stock images or licensed music) in your ads, such usage may be subject to the licensing terms of the respective third-party provider.

Representations and Warranties

5.1 Client Warranties: You represent and warrant that (i) you have the authority to enter into and fulfill your obligations under these Terms, (ii) the Client Content does not infringe the intellectual property rights or any other rights of any third party, and (iii) your business and advertising activities comply with all applicable laws, regulations, and advertising standards.

5.2 Our Warranties: We represent and warrant that (i) we will perform the Services with reasonable skill and care, and (ii) our performance of the Services will not knowingly infringe upon the rights of any third party. Except as expressly stated herein, we provide the Services “as is” and disclaim all other warranties, express or implied.

Liability and Indemnification

6.1 Limitation of Liability: To the fullest extent permitted by law, our total liability for any claims arising out of or related to the Services provided under these Terms shall not exceed the total fees actually paid by you to us for the specific Services giving rise to the claim. In no event shall we be liable for any indirect, incidental, consequential, or special damages, including but not limited to loss of revenue, profits, or data.

6.2 Indemnification: You agree to indemnify, defend, and hold harmless Collett Associates Limited and our affiliates, employees, and agents against any claim, liability, damage, or expense (including reasonable legal fees) arising out of or in connection with (i) your breach of these Terms, (ii) any misuse of the Services, or (iii) any claim that the Client Content infringes upon a third party’s rights.

Confidentiality

7.1 Definition: “Confidential Information” includes any non-public information, data, or know-how disclosed by one party to the other, whether orally or in writing.

7.2 Obligations: Both parties agree to use Confidential Information solely for the purpose of fulfilling these Terms and to take all reasonable precautions to prevent unauthorized disclosure.

7.3 Exceptions: Confidential Information does not include information that is (i) already known to the receiving party without obligation of confidentiality, (ii) publicly available through no fault of the receiving party, or (iii) independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.

SMS Communications and Compliance

8.1 SMS Marketing: As part of our Services, we may send promotional or informational SMS messages to the contact numbers you provide. These messages may include updates about your advertising campaigns, promotional offers, or other relevant information.

8.2 Consent: By providing your mobile phone number and opting in to receive communications from us, you consent to receive SMS messages from Collett Associates Limited. You confirm that you have the authority to provide this consent.

8.3 Opt-In: You may opt-in to receive SMS communications by subscribing through our website, during service registration via telephone, or by other means as specified by us. Explicit consent is required before we can send you SMS messages.

8.4 Opt-Out: You have the right to opt-out of receiving SMS messages at any time. To opt-out, you can reply with “STOP” to any SMS message you receive from us, or contact us directly using the contact information provided below. Upon opting out, we will cease sending you further SMS communications.

8.5 Compliance: We comply with all applicable laws and regulations regarding SMS marketing, including the Privacy and Electronic Communications Regulations (PECR) in the UK. We ensure that all SMS communications are sent in accordance with these regulations to protect your privacy and data.

8.6 Message Frequency: The frequency of SMS messages will be determined based on your preferences and the nature of the Services provided. We strive to avoid excessive messaging and respect your communication preferences.

Termination

9.1 Termination by Either Party: Either party may terminate these Terms by providing written notice if the other party commits a material breach that is not remedied within fourteen (14) days of receiving notice of such breach.

9.2 Consequences of Termination: Upon termination, all outstanding fees for Services rendered will become immediately due, and both parties shall return or destroy any Confidential Information belonging to the other party.

9.3 Survival: The provisions relating to fees, intellectual property, confidentiality, liability, indemnification, and SMS Communications shall survive any termination or expiration of these Terms.

Governing Law and Dispute Resolution

10.1 Governing Law: These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

10.2 Jurisdiction: Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in England and Wales.

Changes to These Terms

We reserve the right to modify or update these Terms at any time. Any changes will become effective upon posting the revised Terms on our website or upon notification to you. Your continued use of our Services after such changes are posted or notified constitutes acceptance of the revised Terms.

Miscellaneous

11.1 Entire Agreement: These Terms, together with any related invoices or agreements, constitute the entire agreement between you and us regarding the Services, superseding any prior agreements or understandings.

11.2 Severability: If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11.3 Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights or obligations at any time.

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Privacy Policy

Introduction

This Privacy Policy explains how Collett Associates Limited (“we,” “us,” or “our”) collects, uses, and shares personal data in the context of providing Facebook advertising services through collettassociates.co.uk. By engaging our Services or using our website, you consent to the practices described in this Policy.

Data We Collect

2.1 Information You Provide: We may collect personal and business information you provide directly to us, such as your name, email address, phone number, payment details, and any marketing assets or materials needed for ad creation.

2.2 Automatic Data Collection: When you visit our website, we may automatically collect technical data (e.g., IP address, browser type, operating system) and usage data (e.g., pages visited, time spent on the site).

2.3 Cookies and Similar Technologies: We use cookies and similar tools to enhance your experience and track website performance. You can usually modify your browser settings to reject cookies, but doing so may affect certain functionality.

How We Use Your Data

3.1 Service Provision: We use your data to manage and optimize Facebook advertising campaigns. This may include creating ad content, setting targeting parameters, and monitoring ad performance.

3.2 Communication: We may use your contact information to respond to your inquiries, send updates about our Services, and provide relevant information regarding any changes to our policies or terms.

3.3 SMS Communications: With your consent, we may send you SMS messages related to our Services, including promotional offers, campaign updates, and important notifications. These messages are intended to keep you informed and enhance your experience with our Services.

3.4 Website Analytics: We analyze data collected through cookies and similar technologies to improve our website’s design, user experience, and service offerings.

Legal Basis for Processing (GDPR)

If you reside in or operate within the European Economic Area (EEA) or the UK, our legal bases for processing your personal data include:

• Performance of a Contract: We process your data to fulfill our contractual obligations to you.
• Legitimate Interests: We process your data to improve our Services, maintain security, and conduct marketing activities.
• Consent: In certain cases, we may process your data based on your explicit consent, which you can withdraw at any time.

Consent for SMS Communications

4.1 Opt-In: By providing your mobile phone number and opting in to receive SMS messages from us, you consent to receive such communications. Explicit consent is required before we can send you SMS messages.

4.2 Opt-Out: You have the right to withdraw your consent to receive SMS messages at any time. To opt-out, you can reply with “STOP” to any SMS message you receive from us or contact us directly using the contact information provided below. Upon opting out, we will cease sending you further SMS communications.

4.3 Withdrawal of Consent: Withdrawing your consent does not affect the lawfulness of any processing carried out before your withdrawal.

Data Sharing and Disclosure

5.1 Third-Party Service Providers: We may share your data with trusted third parties who assist us in delivering our Services (e.g., payment processors, hosting providers, marketing tools). These providers are obligated to use your data solely for the purpose of providing services to us.

5.2 Facebook: We may share relevant ad campaign data (including audience specifications) with Facebook to carry out your advertising campaigns. This sharing is subject to Facebook’s terms and privacy policies.

5.3 Legal and Compliance: We may disclose your data if required by law, court order, or governmental regulation, or if such disclosure is necessary to protect our rights or the rights of others.

Data Retention

We retain personal data for as long as necessary to fulfill the purposes outlined in this Policy, unless a longer retention period is required or permitted by law. When we no longer need your data, we will securely delete or anonymize it.

Data Security

We implement appropriate technical and organizational measures to safeguard your personal data against loss, theft, and unauthorized access. However, no method of transmission over the internet is entirely secure, and we cannot guarantee absolute security.

Your Rights

If you are located in the EEA or the UK, you have certain rights under data protection laws, including:

• Right of Access: You can request a copy of the personal data we hold about you.
• Right to Rectification: You can ask us to correct or update any inaccurate or incomplete personal data.
• Right to Erasure: You can request that we delete your personal data, subject to certain exceptions.
• Right to Restrict Processing: You can ask us to restrict the processing of your data in certain circumstances.
• Right to Data Portability: You can request that we provide your data in a machine-readable format for transfer to another service provider.
• Right to Object: You can object to the processing of your data for direct marketing or other specific purposes.

To exercise any of these rights, please contact us at the email address provided in Section 12 below.

Children’s Privacy

Our Services are not directed to individuals under the age of 16. We do not knowingly collect personal information from children. If you believe that a child under 16 has provided us with personal information, please contact us so that we can take steps to remove that information.

Contact Us

If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at:

• Email: max@collettassociates.co.uk
• Phone: (817) 510-8245
• Website: collettassociates.co.uk
• Mail / Visit Our office:

  Collett Associates Limited

  No. 5, 17/F Strand 50

  50 Bonham Strand

  Sheung Wan

  Hong Kong

Changes to This Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. Any updates will become effective upon posting the revised Policy on our website or upon notification to you. Your continued use of our Services after such changes are posted or notified constitutes acceptance of the revised Policy.