Company Policy

1. DEFINITIONS

In the Client Retainer Agreement, Policy and Terms and Conditions and the following words shall have the following meanings:
1.1 “CLIENT” means any business, company, individual or individuals that has engaged the services of Level 9 Advertising Agency Ltd.;
1.2 “AGENCY” means Level 9 Advertising Agency Ltd, its Employees, Agents, Representatives and Assigns;
1.3 “ENTIRE AGREEMENT” means the Client Retainer Agreement, the Terms and Conditions, Policy and the Non-Disclosure Agreement and any other attachments or addendums collectively agreed upon between the Client and the Agency;
1.4 “CONSULTATION” means any and all communication between the Client and the Agency;
1.5 “DRAFT DESIGNS” means any drawing, graphic design, concept or idea presented by the Agency before it is approved by the Client ;
1.6 “REVISION” means the viewing of a draft design by the Client, the feedback given and the changes to be made;
1.7 “RETAINER” means the non-refundable deposit that is outlined in Clause 5 of the Client Retainer Agreement;
1.8 “INSTALMENT” means any payment made to the Agency following the Retainer;
1.9 “SERVICES AND/OR GOODS” means any product offered by the Agency including but not limited to radio (traditional and digital equivalents such as podcasts), video (video and film based on content such as television, movies, promotional videos, commercials and video-sharing websites, publications (books, magazines, newspapers, blogs and research papers), social media, messaging (traditional mail and digital messaging tool such as emails and messaging apps), digital communities ( forums, chats and other tools that allow people to socialize, share information and form communities), games (digital games and virtual environments), applications, graphics ( signs, billboards, digital advertising, t-shirts, product packaging, flyers brochures), public speaking (speaking directly to groups of people often with visual aids such as graphics, slides and videos), art and music (art displayed in public and musical performances), performances (theatre and other performances such as dance), Public relations;
1.10 “PROMOTIONAL PACKAGES” means any combination of services and/or goods that the Agency offers at a special rate. The packages include but are not limited to the Be Smart, Be Relevant Package, the Strategic Starter Package, the Business Booster Package, the Business Booster Plus Package, the Super Real Deal Package, the Corporate Identity Package, Stay Relevant Package, Business Builder Bundle, Social Starter Bundle and the Sales Generator Bundle;
1.11 “SUBCONTRACTOR”- means any individual, individuals, business or company that are retained by the Agency to deliver a service or good engaged for by the Client;
1.12 “STATIC MEDIA” means content that doesn’t change.
1.13 “MOTION MEDIA” means a form of media that has the appearance of moving text and graphics on a display. Motion media can be a collection of graphics, footage, videos. It is combined with audio, text, and/or interactive content to create multimedia
1.14 “POSTS” means the public messages, images and videos posted to a Client’s Social Media Account entire audience;
1.15 “SCHEDULING” means setting up the time, date, caption, content and hashtags of posts;
1.16 “BOOSTING OF POSTS” means paid advertisements created for a Client’s Social Media Account;
1.17 “LEAD” means any information a person(s), account(s), profile(s) or page(s) shares via social media after boosting or advertising a post that can be used to follow up with the said person(s), account(s), profile(s) or page(s). That includes but is not limited to names, email addresses, occupations, employers, or any other information that a social media user shares with or on a post;
1.18 “LEAD CONVERSION” means contacting the leads received from the boosting or advertisement;
1.19 “INTELLECTUAL PROPERTY RIGHTS” means all patents, registered and unregistered designs, copyright, trade-marks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.20 “UNIT PRICE” means the singular cost of a service or good included in a promotional package. The costs are herein contained in First Schedule hereto of this Policy and as amended from time to time;

2. DESCRIPTION

Any description given or applied to the services or goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Client hereby affirms that it does not in any way rely on any description when entering into the contract.

3. DRAFT AND APPROVALS

3.1 Drafts designs of services and goods are to be approved by the Client in the following manner:
3.1.1 The draft design for static media will be sent to the Client via email and will be followed by a phone call informing the Client of the email.
3.1.2 The Client will then acknowledge the receipt of the email via email response.
3.1.3 The Client is then asked to review all the drafts of the designs received from the Agency and respond with any and all comments or concerns via email or Whatsapp Messenger.
3.1.4 In the case of logos, letterheads and call cards the Agency will send the Client three (3) options, the Client is to select one (1) option, the Client is then entitled to three (3) revisions in order to perfect the said design. All communications regarding revisions are to be done via email. A phone call will be accepted, however on the grounds that the revisions will only be considered once emailed or notified via Whatsapp Messenger .
3.1.5 In the case of draft designs for promotional packages, images will be sent to the Client and the Client is entitled to two (2) revisions. All communications regarding revisions are to be done via email. A phone call will be accepted, however on the grounds that the revisions will only be considered once emailed or sent via Whatsapp Messenger.
3.1.6 In the case of draft designs for motion media, reviewing of the motion media can be done at the office of the Agency located at No. 26 Agostini Street, St. Augustine or can be viewed via video conference or can be emailed in draft to the Client. The Agency will contact the Client to make all necessary arrangements. The Client can then state any comments or concerns. The Client is entitled to three revisions.
3.1.7 In the case of draft designs for non-promotional packages and media that were not outlined in clause 3.1.4 of this Policy the Client will be entitled to revisions. All communications regarding revisions are to be done via email. A phone call will be accepted, however on the grounds that the revisions will only be considered once emailed.
3.1.8 Clients that have engaged the Agency for promotional packages are required to respond with comments and/or concerns within forty-eight (48) hours after the email was sent from the Agency to the Client in order to have a smooth and effective flow of the package.
3.1.9 Clients that have failed to meet the requirements outlined in Clause 3.1.8 of this Policy and have failed to notify the Agency of not being able to meet the requirement outlined in Clause 3.1.8 of this Policy, and the Client has requested the services of a promotional package, the promotional package will be void. Clause 4.3 of the Terms and Conditions will be effected immediately.
3.1.10 Any draft design for a service or goods that has been approved in writing, by email or Whatsapp Messenger by the Client is considered approved and final.

4. DELIVERY

4.1 Unless otherwise agreed in writing, delivery of the services and goods shall be considered delivered when the Client has effected clause 3.1.10 of this Policy.
4.2 The date of delivery specified by the Agency is an estimate only. Time for delivery shall not be of the essence of the agreement.
4.3 If the Agency is unable to effect delivery of their services or goods for reasons beyond its control, then the Agency shall be entitled to hold the services and goods until such times as delivery may be effected and the Client shall be liable for any expense associated with such delays.

5. SOCIAL MEDIA POSTING

5.1 The Agency retains that it does not offer Social Media Management Services, if however the Client has engaged us to schedule their social media posts, the Agency will do so in the manner hereinafter appearing;
5.1.1 The Client is required to make available any details, credentials and log ins information necessary for the scheduling of created posts.
5.1.2 The Agency will schedule and post only on behalf of the Client.
5.1.3 The Agency will create captions and hashtags, set the time and date of the post, select the corresponding image(s) and video(s) to be posted only if engaged to schedule posts.
5.2 The Agency is not responsible for ;
5.2.1 the engagement of the Client’s social media presence;
5.2.2 increase or decrease in followers, likes, friends or comments on the Client’s Social Media account;
5.2.3 the Client’s account being banned, suspended, revoked, deleted, flagged, hacked or reported.
5.2.4 Reports of the Client’s social media posts, comments, shares, retweets, saves, reposts.
5.2.5 harsh, rude, obscene, offensive or abusive comments, shares, retweets, saves, direct messages, private messages or reports made by anyone on the Client’s social media accounts;
5.2.6 responding to or engaging with any person(s), accounts, profiles or pages that comment, share, repost, like, save, private message, direct message, voice call or video call any Client’s social media account;
5.2.7 Post or schedule artwork not done or created by the Agency

6. SOCIAL MEDIA ADVERTISING/ BOOSTING POSTS

6.1 The Agency retains that it does not offer Social Media Management Services, if however the Client has engaged us to advertise or boost any social media posts the Agency will do so in the manner hereinafter appearing;
6.1.1 The Client will in writing, email or Whatsapp Messenger request that the Agency boost and/or advertise the Client’s social media posts. The Client is to outline in the request the number of days the post is to be boosted/advertised for and the advertising budget in US Dollars. Please note that the advertising budget only reflects the budget associated with the actual boosting/advertising of post(s) to be paid to a third-party for the use of their platform and is not to be considered part of the Agency’s fees.
6.1.2 The Client has the option of instructing the Agency of which posts are to be boosted/advertised or the Client can permit the Agency to select which posts are to be boosted. The Agency will inform the Client which posts were selected to be boosted/advertised.
6.1.3 The Client can consult the Agency for advice on boosting/advertising the posts.
6.1.4 The Agency will incur the fees associated with boosting/advertising all boosted/advertised posts. The Client is to refund the Agency in the manner outlined in Clause 7.2 to 7.4 of this Policy for the expenses associated with publishing the said advertisement/booted post. The Agency agrees to boost/advertise any post(s) within the advertising budget outlined by the Client.
6.1.5 Advertising/boosting can incur additional service charges if it is not part of a promotional package. Costs of which the Client will bear.
6.1.6 The Client will be invoiced by the Agency for the additional services outlined in clauses 6.1.1 to 6.1.5 of this Policy. These invoices are to be paid by the due date given in the invoice.

6.2 The Agency is responsible for passing on the leads received from the boosting and/or advertisement to the Client. The Agency is not responsible for lead conversion and will not be responsible for conducting such services. The Agency retains that it does not offer Social Media Management Services.

7. EXPENSES AND REIMBURSEMENTS

7.1 The Agency is responsible for all overhead expenses. The Agency shall be responsible for all expenses related to providing the Services under the Client Retainer Agreement. This includes, but is not limited to, supplies, equipment, operating costs, business costs, employment costs, taxes and any other cost that may or may not be in connection with the Services provided by the Service Provider including out-of-pocket expenses.7.2 The Agency will be reimbursed for the following expenses:
7.2.1 Costs associated directly or indirectly with delivering the services or goods that are not included in Clause 7.1 of this Policy.
7.2.2 Costs for additional services or goods requested by the Client.
7.2.3 Costs for sourcing Sub-Contractors, Subcontractors fees and engaging the services of a Sub-Contractor.
7.2.4 Costs that have been agreed to be fronted by the Agency on behalf of the Client.7.3 The Agency will inform the Client of expenses outlined in Clause 7.2 of this Policy before they are undertaken. The Agency, depending on the circumstance may or may not front such expenses on behalf of the Client in order to deliver the service or goods outlined in Clause 1 of the Client Retainer Agreement. The Agency may require that the Client pay a deposit, percentage or pay the total of the expenses outlined in Clause 7.2 of this Policy before the Agency engages in any of the expenses outlined in Clause 7.2 of this Policy.
7.4 The Client agrees to pay the Agency by the due date outlined in the invoice for the costs outlined in Clause 7.2 of this Policy.

8. MISCELLANEOUS

8.1 If the Client desires to engage the Agency for any other service or goods other than the services or goods that are outlined in Clause 1 of the Client Retainer Agreement, the Client must send a written request via email or Whatsapp Messenger to the Agency outlining the additional service required.
8.2 The Agency will then invoice the Client for the associated costs for the additional service or goods requested.
8.3 The date that the invoice is due will be outlined in the invoice.

8.4 Any and all requests for any and all services or goods offered by the Agency must be made no later than 24 hours before the request is due for delivery. The request must be accompanied with all content and images necessary for its completion. Any request sent outside of the terms stated in Clause 8.4 of this Company Policy will be considered a rush job and the client would be billed according to the Agency’s fees for rushed requests.

9. INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Agency, and the Client shall do all that is reasonably necessary to ensure that such rights vest in the Agency by the execution of appropriate instruments or the making of agreements with third parties.

10. AMENDMENTS AND ADDENDUMS

The entire agreement, Client Retainer, this Policy, Terms and Conditions or Non- Disclosure Agreement between the Client and Agency can and may be amended at any time. The Agency shall give notice to the Client if any changes have been made to the Terms and Conditions, Policy or Non-Disclosure Agreement.

11. HOURS OF CONTACT

The Agency’s hours of operations are 9:00 am to 5:30pm between Monday to Friday (excluding public holidays). The Agency’s contact number is 1- 868-610-6453 and Whatsapp Messenger number is 1-868-728-9741. The Agency can be contacted 24/7 via Emails and Whatsapp Messenger, however, the Agency is not obligated to respond outside of its hours of operations. Should the Client require emergency response such as; hacking of website or accounts, crashing of website or major website failure, the Agency will respond and the necessary aid will be provided.

12. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the law of the Republic of Trinidad and Tobago and the parties hereby submit to the exclusive jurisdiction of the Republic of Trinidad and Tobago courts.