Last Updated: 14th Feb 2025
Welcome to Bonehead Digital (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, services, and any related digital offerings (collectively, the “Services”).
By using our Services, you (“Client,” “you,” or “your”) agree to these Terms. If you do not agree with any part of these Terms, you should discontinue use of our Services immediately.
1. General Terms
1.1 Acceptance of Terms
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any applicable laws and regulations.
1.2 Eligibility
You must be at least 18 years old or the age of legal majority in your jurisdiction to use our Services. By using our Services, you represent that you have the authority to enter into a contract with us.
1.3 Changes to These Terms
We reserve the right to update, modify, or revise these Terms at any time. We will notify active clients of significant changes. Your continued use of our Services after any update constitutes your acceptance of the new Terms.
2. Services Provided by Bonehead Digital
2.1 Description of Services
Bonehead Digital provides social media advertising services, including but not limited to:
•Facebook & Instagram ad campaign strategy, setup, and management.
•Audience targeting, optimization, and performance analysis.
•Social media growth strategies (excluding content creation unless otherwise agreed).
2.2 No Guarantee of Results
We strive to optimize ad performance, but we do not guarantee specific outcomes such as increased engagement, followers, leads, or sales. Ad results are influenced by many factors beyond our control, including platform algorithms, audience behavior, and client content quality.
3. Client Responsibilities
3.1 Account Security & Access
•You are responsible for maintaining access and security of your social media and ad accounts, including passwords and two-factor authentication.
•We do not store or manage your login credentials.
•If your account is hacked, restricted, or banned, we are not liable for any damages or losses.
3.2 Compliance with Platform Policies
•You must ensure that your business and advertising materials comply with Meta (Facebook & Instagram) advertising policies.
•We are not responsible if your ads are rejected, accounts are suspended, or penalties are imposed due to policy violations.
3.3 Timely Communication & Asset Delivery
•You must provide necessary assets (e.g., images, branding details) and respond promptly to requests that impact your campaign’s success.
•Delays in providing requested information may impact ad performance.
4. Payments, Fees & Refunds
4.1 Payment Terms
• Our services are billed monthly in advance via Stripe subscription payments.
•Clients are responsible for paying their own ad spend directly to Facebook/Instagram.
•If a payment fails, access to services may be suspended until payment is received.
4.2 No Refund Policy
•Payments for our services are non-refundable once work has commenced.
•If a campaign is paused or terminated early, no partial refunds will be issued.
•We are not responsible for refunding ad spend paid to third-party platforms.
5. Account Suspension & Service Termination
5.1 By the Client
Clients may cancel their subscription at any time through their Stripe account or by contacting us directly. Cancellations take effect at the end of the current billing cycle.
5.2 By Bonehead Digital
We may suspend or terminate services without notice if:
•A client violates platform policies or engages in unethical advertising.
•Payment is not received within 7 days of the due date.
•A client becomes abusive, uncooperative, or repeatedly fails to provide required information.
No refunds will be issued for terminations initiated due to policy violations or misconduct.
6. Limitation of Liability
6.1 No Liability for Platform Actions
•Bonehead Digital has no control over Facebook, Instagram, or any third-party platform.
•We are not liable for account bans, ad disapprovals, algorithm changes, or platform downtime that may affect campaign performance.
6.2 No Liability for Indirect Damages
To the maximum extent permitted by law, we are not liable for any:
•Loss of revenue, profits, clients, or business opportunities.
•Data breaches, security failures, or hacking incidents.
•Any indirect, incidental, or consequential damages arising from our Services.
6.3 Indemnification
Clients agree to indemnify and hold Bonehead Digital harmless from any claims, liabilities, damages, or expenses arising from:
•The client’s failure to comply with platform policies.
•Third-party claims related to ad content or business practices.
7. Privacy & Data Protection
7.1 Compliance with Privacy Laws
We comply with the New Zealand Privacy Act 2020 and Australia’s Privacy Act 1988 regarding the collection and handling of personal data.
7.2 Data Use & Security
•We do not sell or share client data with third parties.
• Client information is used only for ad management and campaign reporting.
•We are not responsible for data breaches occurring on Facebook, Instagram, or any third-party platform.
8. Governing Law & Dispute Resolution
8.1 Jurisdiction
These Terms are governed by the laws of New Zealand. Clients based in Australia may have additional rights under the Australian Consumer Law (ACL).
8.2 Dispute Resolution
•Any disputes shall first be attempted to be resolved informally.
•If unresolved, disputes shall be settled through the New Zealand Disputes Tribunal or equivalent legal channels.
9. Contact Information
If you have any questions about these Terms, please contact us:
📧 Email: [email protected]🌍 Website: boneheaddigital.com
By continuing to use our Services, you acknowledge that you have read, understood, and agree to these Terms of Service.
