Terms & Conditions

Welcome to Socialbase Marketing Services! We’re excited to have you on board. Please take a moment to read and understand the terms and conditions governing the use of our marketing platform. 

By accessing or using Socialbase’s services, you agree to comply with & be bound by these Terms of Use. If you do not agree with any part of these terms or use, please refrain from using our services.

1. Acceptance of Terms

By using our website, you acknowledge that you have gone through, understood, & agree to be bound by these Terms of Use. We reserve the right to update these terms, and you must review them periodically.

2. Services Offered

Socialbase provides a range of marketing services, including but not limited to paid marketing, email marketing, social media marketing (SMM), search engine optimization (SEO), and other related services. The details of the services provided will be outlined in the agreement between Socialbase and the client.

3. Links to Third-Party Websites

Socialbase may provide links to third-party websites for your convenience or to enhance the user experience. 

We do not imply endorsement or approval of the linked sites, and we’re by no means responsible for the content, practices, or policies of those sites. Your interaction with any third-party website is at your own risk.

Socialbase encourages you to review the terms of use & privacy policies of any third-party sites that you visit. These third-party websites may have different terms of use and privacy practices, which may differ from those of Socialbase.

Socialbase is not liable for loss or damage incurred as a result of your use of any third-party websites linked to or from our services. If you have any concerns or issues with a linked website, please contact the administrator of that website directly.

4. Disclaimer of Warranties

Socialbase is provided “as is” and “as available” without express or implied warranties. By using our website services, you acknowledge and agree that:

No Warranties: Socialbase makes no warranties or representations about the accuracy & completeness of the content on the site or the content of any other websites linked to Socialbase.

Availability: We do not guarantee continuous, uninterrupted, or secure access to our website services, and the operation of our website may be interfered with by many factors outside our control.

Use at Your Own Risk: Your use of the website is at your own risk. We do not warrant that the services will meet your requirements or expectations, nor guarantee the accuracy, reliability, or quality of any information available on or through the platform.

No Endorsement: Any reference to specific products, services, or third-party sites does not constitute or imply endorsement or recommendation by Socialbase.

No Professional Advice: Information provided through Socialbase, including but not limited to blogs, articles, or forum posts, is for informational purposes only and should not be considered professional advice. 

You should seek independent professional advice before making any decisions based on information obtained from our platform.

No Security Warranty: While we take reasonable measures to protect the security & integrity of our platform, we cannot guarantee that unauthorized third parties will not defeat these measures or use your information for improper purposes.

No Warranty of Results: Socialbase does not guarantee any specific results from the use of its services. Your success or failure in achieving specific outcomes depends on various factors, and we do not guarantee the effectiveness of our services for your particular circumstances.

By using Socialbase, you acknowledge that any reliance on the platform is at your own risk, and you are solely responsible for any damage or loss that may result from your use of the services.

5. Client Responsibilities

Clients are responsible for providing accurate information necessary for the delivery of services. Any delays or issues resulting from incomplete or inaccurate information provided by the client are not Socialbase’s responsibility.

6. Disclaimer of Damages & Limitation of Liability

By using Socialbase, you agree to the following disclaimer of damages and limitation of liability:

6.1 No Indirect Damages:

We are by no means responsible for indirect, special, consequential, incidental, or punitive loss of profits and revenues, whether incurred indirectly or directly, or failure to use goodwill, information, or other intangible losses resulting from:

  • the use or inability to use our marketing services;
  • any unauthorized access to or use of our marketing servers or other personal details stored therein;
  • any interruption or/and cessation of transmission to or from our services;
  • any viruses, trojan horses, bugs, or the like that may be transmitted to or through our services by a third party;
  • any errors or omissions in the content or for loss or damage of kind incurred as a result of your use of content posted, emailed, or otherwise made available, whether based on warranty, contract, or other legal theory, and whether or not Socialbase is advised of the possibility of such damages.

6.2 Limitation of Liability:

In no event shall the total liability of Socialbase for all claims related to the services exceed the greater of the total amount paid by you to Socialbase for the specific services at issue during the twelve months before the cause of action.

6.3 Basis of the Bargain:

You acknowledge and agree that Socialbase has offered its set prices services, & entered into these terms in reliance upon the warranty disclaimers & the limitations of liability set forth herein. 

The warranty disclaimers & the liability limitations set forth herein reflect a reasonable & fair allocation of risk between you and Socialbase, and the warranty disclaimers & the limitations of liability set forth herein form an important basis of the bargain between you and Socialbase.

7. Payment Conditions and Prices

7.1 Payment Terms:

Payment for each invoice issued by Socialbase Marketing Services is due within 15 days of receipt. Clients understand the importance of timely payments to maintain a positive working relationship and facilitate the smooth progress of the project.

7.2 Late Payment:

In the event of late payment, Socialbase reserves the right to suspend work until the outstanding payment is received. All payment obligations are non-cancelable. Moreover, the fees paid are non-refundable.

Late payments may incur processing fees, starting at CHF 50 for debts up to 20 and increasing incrementally for larger debts, up to 6% of receivables for amounts above CHF 50,000.

7.3 Accepted Payment Methods:

Payment can be made through a bank or credit card. These card payments are subject to an additional 4% convenience fee.

8. Termination Duration

8.1 Termination Process:

  • Termination of Services by Customer must be submitted in writing and is effective upon receipt by Socialbase.
  • Requests for termination via email or telephone will not be honored unless confirmed in writing.

8.2 Billing for Terminated Services:

  • The customer will be invoiced for work performed up to the termination date.
  • Full payment is due within 30 days of the first notice of termination.

8.3 Maintenance Contracts:

  • Maintenance contracts require a 2-month advance notice before the contract’s end.
  • Early termination is not permitted, and service fees are non-refundable.

8.4 Payment Obligations upon Termination:

  • The customer agrees to pay Socialbase all amounts due & payable for services provided up to the termination date.
  • Expenses already incurred, including those from documented non-cancelable commitments, are the customer’s responsibility.

8.5 Project Delays and Cancellation:

  • If the client causes project delays by being non-responsive or failing to provide necessary data, the company reserves the right to cancel the project.
  • In such cases, the client will be billed for the work completed up to the cancellation date.

8.6 POS Software Rental Contract:

  • POS software is provided on a rental contract and is billed annually at CHF 350.
  • In case of cancellation, the customer must cease using the software, and the company will assist in uninstalling the software.

8.7 Rights and Usage After Termination:

  • Termination for any reason does not restrict the rights granted to the Customer by Socialbase.
  • Upon termination, the Customer must pay all undisputed amounts due and payable.
  • The customer agrees not to use materials or products from the service until payment is made in full.

9. Delivery and Project Terms

9.1 Project Completion and Verification:

  • Upon completion of the project, the client is required to verify the delivered work.
  • Any complaints or issues must be reported within 10 days of project completion.

9.2 Acceptance and Validation:

  • After the 10-day verification period, the project is considered accepted and validated.
  • Any additional change requests after this period will be treated and invoiced as new work mandates.

9.3 Data Loss Responsibility:

  • Socialbase is not responsible for data loss. 
  • Clients are strongly advised to keep duplicate copies of their data.

9.4 Refusal of Delivery:

  • If the client refuses to take delivery of the project:
  • The company is entitled to invoice all services.
  • Legal action may be taken against the client for non-payment.

9.5 Archiving and Costs:

  • Documents ready for production are kept in archives at the client’s expense for a maximum of 3 months.
  • All costs resulting from the refusal to take delivery are the client’s sole responsibility.

9.6 Responsibilities After Project Completion:

  • The client is responsible for maintaining a duplicate of the completed project.
  • Any summons or notices related to the project should be made in accordance with the specified communication methods.

10. No Unlawful or Prohibited Activity

The Client agrees not to engage in any unlawful and prohibited activities in connection with the use of Socialbase’s products or services. This includes, but is not limited to:

a. Violating any applicable local, state, national, or international law or regulation.

b. Engaging in any activity that would constitute a criminal offense or give rise to civil liability.

c. Knowingly infringing on the intellectual property rights of others or violating any privacy rights.

d. Transmitting or distributing harmful, obscene, defamatory, or otherwise objectionable material.

e. Attempting to interfere with the proper functioning of Socialbase’s products or services.

Socialbase reserves the right to investigate and take appropriate legal action against anyone engaging in such unlawful or prohibited activities.

11. Copyright and Intellectual Property

The products and services provided by Socialbase, including but not limited to websites, content, and other materials, are the intellectual property of Socialbase and are protected by copyright laws & intellectual property rights. 

The Client acknowledges and agrees that Socialbase is the sole owner of all title, rights, & interest in and to the intellectual property.

Upon the Client’s full and timely payment for the products or services, Socialbase grants the Client a non-exclusive and non-transferable license to use the deliverables for their intended purpose. This license is limited to the specific project outlined in the agreement. 

It does not grant the Client the right to reproduce, distribute, or publicly display the work beyond the scope of the agreed-upon project without the express written consent of Socialbase.

The Client agrees not to reverse engineer, modify, or otherwise alter the products or services without the prior written consent of Socialbase. The Client further agrees not to claim ownership or authorship of any intellectual property associated with the products or services.

In the event of any unauthorized use or infringement of Socialbase’s intellectual property rights, the Client agrees to promptly cease using the infringing materials and cooperate with Socialbase to remedy the violation.

12. Confidentiality Agreement:

12.1 Confidentiality of Client Details:

At Socialbase, we hold the privacy and confidentiality of our client’s details in the highest regard. This commitment extends to safeguarding any information provided by clients during our services. Whether it’s personal information, account details, or any other non-public data, rest assured that we employ robust measures to ensure its confidentiality.

12.2 Non-Disclosure of Socialbase's Proprietary Information:

In reciprocation, clients engaging with Socialbase agree to uphold the confidentiality of our proprietary information. This encompasses a wide range of confidential data, including but not limited to our unique business processes, methodologies, trade secrets, and any other proprietary information that is not publicly disclosed.

12.3 Explicit Consent Requirement:

To further protect the integrity of our proprietary information, clients undertake not to disclose such information without obtaining explicit consent from Socialbase. We believe in the importance of mutual respect and collaboration, and explicit consent serves as a vital step in ensuring that sensitive information is shared responsibly.

13. Applicable Law and Dispute Resolution

This Agreement shall be governed by & construed by the laws of Switzerland. Any controversy, claim, and/or dispute arising out of or relating to this Agreement, or the termination, or breach invalidity thereof, shall be settled by arbitration under the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution in force on the date of commencement of the arbitration. The place of arbitration shall be in Switzerland, and the language of the arbitration shall be English.

The arbitration tribunal shall consist of arbitrators appointed in accordance with the Swiss Rules of International Arbitration. The arbitration tribunal’s decision shall be final and binding upon the parties.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or remedy any actual or threatened breach of this Agreement.

Each party shall bear its costs and expenses of arbitration, and the costs and expenses of the arbitration shall be borne equally by the parties unless otherwise determined by the arbitration tribunal.

14. Modification of Terms

Socialbase reserves the right to modify these Terms of Use at any time, effective upon posting the updated terms on our website. We will make reasonable efforts to notify users of significant changes, but users must review these terms regularly. Your continued use of Socialbase Marketing Services after posting changes constitutes acceptance of those changes.

If you do not agree to any amended terms, you must discontinue using our services. Any use of the services after the effective date of the updated terms will be deemed as acceptance of the modified terms.

Socialbase may also, in its sole discretion, make improvements or changes to its services, products, or programs at any time without notice.

15. Shut-down of Web Site

In the event of unforeseen circumstances, maintenance requirements, or strategic business decisions, Socialbase reserves the right to temporarily or permanently shut down the website or any part thereof without prior notice. This shut-down may occur for various reasons, including but not limited to:

a. Maintenance and Upgrades:

We may need to conduct routine maintenance or implement upgrades to ensure optimal performance. During such periods, access to the website may be temporarily restricted.

b. Force Majeure:

Unforeseen events beyond our control, such as natural disasters, acts of terrorism, or other force majeure events, may necessitate the temporary shutdown of the website to protect the safety and security of our users and assets.

c. Strategic Business Decisions:

Socialbase reserves the right to make strategic decisions that may involve the website’s modification, suspension, or permanent closure. Such decisions will be made in accordance with our business goals and objectives.

d. Legal Compliance:

In certain circumstances, the shutdown of the website may be required to ensure compliance with applicable laws and regulations.

e. User Violation of Terms:

Persistent violation of our terms and conditions by users may result in the suspension or termination of services, leading to the shutdown of their access to the website.

15.1 Notification of Shut-down:

While we strive to provide notice in advance of any planned shutdowns, there may be instances where immediate action is necessary. We will make reasonable efforts to inform users of the shutdown and its anticipated duration.

15.2 Consequences of Shut-down:

Socialbase shall not be liable for any losses or damages incurred by users or third parties due to the website’s shutdown, whether temporary or permanent.

15.3 User Responsibilities:

Users are responsible for regularly backing up any content or data they post or store on the website. Socialbase is not liable for any data loss resulting from a shutdown.

15.4 Resumption of Services:

In the event of a temporary shutdown, we will strive to resume services as soon as possible and communicate any updates to our users.

15.5 Termination of Services:

Socialbase reserves the right to terminate services and shut down the website permanently at our discretion. Users will be notified in accordance with applicable laws and regulations.

16. Final Provisions

16.1 No Waiver

Failure by Socialbase to exercise a right under these Terms and Conditions shall not constitute a waiver or forfeiture of that right. Any waiver of rights under these General Terms and Conditions must be in writing to be valid.

16.2 Transfer

Subject to Section 11.3 below, neither Socialbase nor the client is entitled to transfer any rights or obligations under these Terms and Conditions or any Socialbase Service Order to any third party without the other party’s written consent.

16.3 Subcontracting

Socialbase reserves the right to have service obligations fulfilled by third parties under these General Terms and Conditions and the relevant Service Order, even without the client’s consent.

16.4 Applicable Law

These General Terms and Conditions are subject exclusively to substantive Swiss law to the exclusion of international treaty agreements, including the United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980).

16.5 Place of Jurisdiction

Any disputes arising out of or in connection with these General Terms and Conditions shall be subject to the exclusive jurisdiction of the competent courts in Switzerland.