Thank you for choosing DigitalSaga Media! To be eligible to sign up and use the Service, you must review and accept the terms of this Terms and Conditions Agreement.

In this Agreement, "you," "your" and "Customer" will refer to you. If you are signing-up for a Lume Social plan or using the Service on behalf of an entity or other organisation, you are agreeing to these Terms for that entity or organisation and representing to Lume Social that you have the authority to bind that entity or organisation to these Terms (and, in which case, the terms "you", "your" and "Customer" will refer to that entity or organisation).

Please review these terms carefully. By accepting these terms or using the service, you agree to these terms and conditions with Lume Social. If you do not agree to be bound by these terms, you should not sign up and you should not use the service.

1. QUICK DEFINITIONS

The following terms, when used in this Agreement, will have the following meanings:

"Confidential Information" means any information or data disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential considering the nature of the information and the circumstances surrounding disclosure. However, "Confidential Information" will not include any information which (a) is in the public domain through no fault of receiving party; (b) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party; (c) was properly disclosed to receiving party, without restriction, by another person with the legal authority to do so; or (d) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.

"Customer Data" means the data, content, and other material input, supplied or made available by you through the use of or access to the Service.

"Service" means the writing of online articles, press publication services on the pre-determined websites of the publications as purchased by the Customer, and creation of social media content provided by Lume Social to you, depending on the plan that you have signed up to.

“Final Work” means the final version of the Service provided that is delivered to the Customer.

2. SUBSCRIPTION

2.1. Eligibility

To be eligible to use the Service, you must:

1. be at least eighteen (18) years old and able to enter into contracts;

2. complete the sign-up process on the Lume Social website;

3. agree to these Terms and the other terms and conditions linked in these Terms that form part of the Agreement;

4. provide true, complete, and up-to-date contact and billing information;

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. By representing and warranting, you are making a legally enforceable assurance.

If you don’t meet these requirements, Lume Social may refuse or stop the Service with no refund granted to the Customer at any time.

2.2. Term

When you sign up to the Service and agree to these Terms, the Agreement between you and Lume Social is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you use the Service or until you or we terminate the Agreement in accordance with these Terms, whichever happens first.

2.3. Cancelation

You or Lume Social may terminate the Agreement at any time and for any reason. You may do so by requesting the cancelation of the Service or we may do so by giving notice to you that we are terminating the Agreement. We won’t refund or reimburse you in any situation unless we decide to do so at our own discretion.

To cancel your service you must:

a)     Cancel the service directly with your bank. Or, if you signed up with PayPal you can cancel via the recurring payments dashboard in PayPal.

b)     Contact us ‘info@lumesocial.com’ to request a cancellation. If you choose to cancel by contacting us, you must contact us at least before 72 hours of your next payment is due. We cannot guarantee a secure cancellation if you contact us within 72 hours of your next payment. 

Once your subscription is finished, you acknowledge and agree that we may continue to use your Customer Data for marketing purposes.

2.4. Modifications

We may change any of the Terms by posting revised Terms on our Lume Social website. Unless you terminate your subscription before those modifications, the new Terms will be effective immediately upon posting on the effective date indicated in the new Terms, as applicable, and apply to any continued or new use of the Service. We may change or discontinue the Service or any features of the Service at any time.

2.5. Settlement Of Disputes, Governing Law & Arbitration

a.    Any dispute and/or difference arising out of or relating to this agreement, including interpretation of its terms, will be resolved through joint discussion by the authorized representatives of both the parties. Moreover, if the disputes are not resolved by discussion, then the matter will be referred for adjudication to the Arbitration of a Sole arbitrator.

b.    This Agreement shall be governed by the laws of the United Kingdom. United Kingdom Courts shall have exclusive jurisdiction over the subject matter of this Agreement.

c.     The arbitration proceedings shall be conducted in English. The place of Arbitration shall be within the United Kingdom. The award passed in the arbitration proceedings shall be final and binding on both parties.

d.    The cost of arbitration proceedings shall be equally borne by both the parties. 

e.    Each party shall individually bear the fees of their respective Advocate/Counsel for the proceedings.

When a dispute is made by the Customer, we may suspend any subscription and Service associated with the dispute and said Customer until the dispute is properly resolved.

3.    PAYMENT

All fees for services provided to the Customer are due and payable in full, in advance of provision of the Service. When you sign up for the Service, you agree to monthly recurring billing, starting on the date you sign up. Billing occurs on the same day each month, based on the date that you first started paying for any recurring monthly plan. Payments are due for any month on the same or closest date to the day you made your first monthly payment.

Billing may be paused, and you may choose to stop your subscription permanently at any time.  

Charges not paid by the due date for any reason will result in a suspension of services until full payment is received. Suspension of services for non-payment will not result in a proration of fees.

3.1. Debit / Credit Card or PayPal

For as long as you’re a Customer that has signed up to any of our subscription plans, you’ll have to provide us with valid debit or credit card information or PayPal account and authorise us to deduct your charges against that card/PayPal account every month. You’ll replace the information for any card that expires with information for a valid one. If your card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorised to deduct any charges on your account against the new card. Anyone using a card represents and warrants that they are authorised to use that card, and that all charges may be billed to that card and won’t be rejected. If we’re unable to process your card order for any reason, we’ll try to contact you by email and may suspend your account until your payment can be processed.

3.4. Refund Policy

You won’t be entitled to a refund or credit from Lume Social under any circumstance. However, we may offer a refund, discount or credit to the Customer at our sole discretion.

4. RIGHTS AND DUTIES

4.1. Rights

Lume Social reserves the right to reproduce, publish, and display the Final Work in their portfolios and websites, in galleries, in periodicals, and in any other media forms for the purpose of recognition for their creative skills and professional achievements.

4.2. Confidential Information

We understand that to execute and perform certain Services, we will be given access to certain information critical to the operations of the company of the Customer. This information is meant to be confidential and thus, Lume Social is subject to this confidentiality clause. We are prohibited from disclosing to any unauthorised party other than in ordinary of business any information obtained from the duration of our work with the Customer.

5. SERVICE

5.1. All Social Media Engagement Boosting Services

5.1.1. Fulfilment

The services will work without the customer having to notify us that they have made a post on Instagram. The customer must allow us 96 hours to deliver the expected amount of likes, comments, views, saves, shares, profile visits, impressions, reach and all other engagement types on their post. If it takes any longer than 96 hours to deliver then the customer may be eligible for store credit. Delivery time varies depending on the quantity but usually takes no longer than 24hrs. The service will start working within 1-2 hours of the customer uploading their post. Delays are possible and should be expected from time to time. No credit / refund will be granted for delays in the service starting.

After the customer makes their first payment, the service will not be active for up to 24hrs. The customer should only upload their first post after 24hrs of signing up and making their first payment.

Further delays or failed delivery may occur when: customer uploads multiple posts in a short period of time (wait at least 6 hours between each post); customers social media profile is private; customer hides their likes for the post they are expecting the service on; customer does not upload the post to their main social media feed; customer uploads the post, then deletes it and uploads it again; customer has age restriction settings active on their profile; customer uses similar post boosting services with another party or company without informing Lume Social; customer exceeds their monthly posts limit. No refunds / credit should be expected if the service fails to deliver in full for any of these reasons.

Lume Social is not responsible if the customer receives a permanent ban, temporary ban, shadow ban, action block or any account restrictions by Instagram. Use these services at your own risk.

5.1.2. Payments

Once initial payment is made by customer to company (Lume Social), the selected services will be fulfilled within the terms outlined. Refunds will not be provided for any package, project, or subscription after initial payment is made. In such circumstance customer no longer wishes to continue with their specified services, the current package, project or subscription will be fulfilled for the remainder of the subscription period or project goal. After said subscription period or project goal is accomplished customer and company will consider the existing service agreement fulfilled. Lume Social reserves the right to offer refunds, discounts or other consideration in select circumstances at its sole discretion. Please note that each circumstance is unique and election to make such an offer in one instance does not create obligation to do so in another.

5.2. All Social Media Follower Boosting Services

5.2.1. Fulfilment

Fulfilment is to be tracked based on the increase in followers the customer has received. We will check the customers follower count prior to the start of the service and check it again after the service has been delivered. The difference between these two numbers must exceed the quantity of followers that the customer paid for in order for the service to be considered fulfilled. After this number is reached, Lume Social will not be responsible for any follower drop off and does not guarantee any set number of follower retention.

The customer will not receive the followers all at once when signing up to Lume Social’s social media Follower services. We will aim to deliver the followers slowly each day of the month until the total amount of followers has been delivered. The minimum daily quantity of followers that we can deliver is 50. If the customer signs up to receive any less than 2000 followers per month, they should not expect the followers to deliver every day of the month, but full delivery can always be expected by the end of the paid month.

After the customer makes their first payment, the service will not be active for up to 72hrs.

Interruptions to delivery of the Instagram followers may occur when: customers profile is private; internal issues / disruptions to the network or campaign; use of social media follower growth services with other parties / companies separate to Lume Social; any social media platform updates. In the case of any interruptions / delays / failed delivery, it is the customers responsibility to contact us via website live chat or email and inform us of these issues. In most cases we will fix the problem and ensure full delivery of the service by the end of the paid month. However, any refunds / store credit will be given at our own sole discretion.

Lume Social is not responsible if the customer receives a permanent ban, temporary ban, shadow ban, action block or any account restrictions by the social media platform. Use these services at your own risk.

5.2.2. Payments

Once initial payment is made by customer to company (Lume Social), the selected services will be fulfilled within the terms outlined. Refunds will not be provided for any package, project, or subscription after initial payment is made. In such circumstance customer no longer wishes to continue with their specified services, the current package, project or subscription will be fulfilled for the remainder of the subscription period or project goal. After said subscription period or project goal is accomplished customer and company will consider the existing service agreement fulfilled. Company (Lume Social), reserves the right to offer refunds, discounts or other consideration in select circumstances at its sole discretion. Please note that each circumstance is unique and election to make such an offer in one instance does not create obligation to do so in another.

5.3. Instagram Management Services / All Social Media Management & Marketing Solutions

5.3.1. Fulfilment

Fulfilment is to be tracked based on the minimum number of engagement actions we have delivered through the customers Instagram account (as stated on final checkout page and in the invoice). For tailored social media plans / custom orders, fulfilment is based on all the actions and promised work outlined in the customers invoice. Lume Social is not responsible for any drop off in followers or expected growth and does not guarantee any number of set follower retention.

Not all customers are eligible for the “money back guarantee” for X number of organic followers, if the customer is not eligible for this guarantee we will contact them to tell them this information after they’ve paid, they will then have 24hrs to request and receive a full refund if they don’t want to continue on the service.

After the customer makes their first payment, the service will be active after a maximum of 72 hours. We will contact the customer directly via email within 24hrs of their initial purchase as we will need more information from them before starting the service, if the customer fails to respond to us within a further 24hrs of receiving our email then this is likely to delay the setup period and shorten the amount of time they receive the first month of service for.

Interruptions to delivery of the Instagram management / growth service may occur when: Instagram’s app is having issues / downtime; our team getting temporarily logged out of the app by Instagram for security reasons; internal issues / disruptions; use of Instagram follower growth services with other parties / companies separate to Lume Social; any Instagram updates. In the case of any interruptions / delays / failed delivery, it is the customers responsibility to contact us via website live chat or email and inform us of these issues. In most cases we will fix the problem and ensure full delivery of the service by the end of the paid month. However, any refunds / store credit will be given at our own sole discretion.

Lume Social is not responsible if the customer receives a permanent ban, temporary ban, shadow ban, action block or any account restrictions by Instagram. Use these services at your own risk.

5.3.2. Payments

Once initial payment is made by customer to company (Lume Social), the selected services will be fulfilled within the terms outlined. Refunds will not be provided for any package, project, or subscription after initial payment is made. In such circumstance customer no longer wishes to continue with their specified services, the current package, project or subscription will be fulfilled for the remainder of the subscription period or project goal. After said subscription period or project goal is accomplished customer and company will consider the existing service agreement fulfilled. Company (Lume Social), reserves the right to offer refunds, discounts or other consideration in select circumstances at its sole discretion. Please note that each circumstance is unique and election to make such an offer in one instance does not create obligation to do so in another.

5.4. PR Services

5.4.1. Eligibility

To be eligible to use the Service, you must:

1. be at least eighteen (18) years old and able to enter into contracts;

2. complete the sign-up process on the Lume Social website;

3. agree to these Terms and the other terms and conditions linked in these Terms that form part of the Agreement;

4. provide true, complete, and up-to-date contact and billing information;

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. By representing and warranting, you are making a legally enforceable assurance.

If you don’t meet these requirements, Lume Social may refuse or stop the Service with no refund granted to the Customer at any time.

5.4.2. Fulfilment

The Customer must fill out the questionnaire giving all relevant information for the writing of the articles. Lume Social will draft the articles based on the questionnaire and the same will be sent to the Customer via email or any other online medium. The Customer will need to review and proofread the articles for factual accuracy, and we will make mutually agreed upon revisions to the draft article. After final approval by the Customer, we will publish the approved article on the website of the pre-determined publication.

The Customer shall notify Lume Social, in writing, of receiving the Final Work, within 7 business days upon its receipt. The Customer agrees that they shall review the Final Work also within 7 business days upon receiving it, and shall either:

a.       Approve and accept the Final Work in writing and thereby, confirming the Service is complete; or

b.       Provide comments and suggested changes in writing to identify their concerns and objections.

In case the Customer fails to review and/or communicate the reception of the Final Work within the time frame mentioned above, it will be considered as received and accepted.

a.    The publications will be pre-determined by the Customer based on the plan they subscribe to or the custom order made;

b.    The publishing of the articles on the pre-determined publications is dependent on those publications’ availability;

c.     After the article is written, it will be sent to the client for approval in case any desired changes need to be made. This will be further sent to the publication to get the required approval.

d.    Once the article is published, it is final, and no changes will be made to the published article.

e.    The Customer gives Lume Social the right to use their image and other information required to the articles.

f.      If the client has a specific requirement that is not included in the plan purchased- for example, if the client requires a backlink to be added to the article-, additional cost will be charged for the additional requirement.

5.5.3. Payments

Once initial payment is made by customer to company (Lume Social), the PR services will be fulfilled within the terms outlined. Refunds may not be provided for any PR Campaign / Article after initial payment is made. In such circumstance customer no longer wishes to continue with their PR campaigns, we will refund the amount for any PR campaigns that have not began, but the completed campaigns / campaigns in progress will not be refunded.

5.6. Instagram Mass DM Campaign Services

5.6.1. Fulfilment

Once customer makes payment and provides the necessary information for the DM campaign (target sources and the message they want us to use), we will start scraping the target Instagram users that will receive the DM’s. Once we’ve scraped all of the users we will send the DM’s. This entire process varies based on the quantity. The maximum time it can take is 1 month.

After the mass DM campaign is complete we will send the customer a list of all of the scraped users in the form of user ID’s that we have sent a DM too. (For example, if the customer pays for a 100K DM campaign, after completion we will provide them a list of the 100K Instagram user ID’s that we scraped and sent a DM too). We are unable to provide full evidence that each of these users has received a DM from our accounts as this would require us to screenshot each DM that is being sent which is simply not possible with such large quantities.

The service is considered as fulfilled once we sent the list of users ID’s. We do not provide any guarantee regarding the success of the campaign (conversions, new followers etc).

5.6.2. Payments & refunds

Once initial payment is made by customer to company (Lume Social), the selected services will be fulfilled within the terms outlined. Refunds will not be provided for any package, project, or subscription after initial payment is made. In such circumstance customer no longer wishes to continue with their specified services, the current package, project or subscription will be fulfilled for the remainder of the subscription period or project goal. After said subscription period or project goal is accomplished customer and company will consider the existing service agreement fulfilled. Company (Lume Social), reserves the right to offer refunds, discounts or other consideration in select circumstances at its sole discretion. Please note that each circumstance is unique and election to make such an offer in one instance does not create obligation to do so in another.

6. CUSTOMER RESPONSIBILITIES

The Customer acknowledges that they are responsible for the performance of the following duties in a prompt and timely manner:

a.       Informing us if they use any Instagram related services with any other parties / companies that are not Lume Social;

b.       Following our recommendations (stated in 5.1.1 and 5.2.1) to ensure an effective delivery of the services.

c. Contacting us immediatly if they receive any issues / delays with the services or do not understand how to make best use of our services.

7. WARRANTIES, DISCLAIMERS & INDEMNITY

7.1. Warranties

Each party represents and warrants to the other that:

a.     it is duly organised and a validly existing entity, in good standing under the laws of the jurisdiction in which it was formed, and that it has the right and capacity to enter into this Agreement; and

b.    to the best of their knowledge and abilities, they have not infringed any rights of any third parties in the making or use of the Service.       

7.2. Disclaimers

Lume Social does not warrant that the service will be uninterrupted or error free, nor does it make any warranty as to the results that may be obtained from use of the Service. The Service is provided "as is" with no warranty of any kind.

The Customer acknowledges that Lume Social does not control the transfer of data over communications facilities, including the internet, and that the service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Lume Social is not responsible for any delays, delivery failures, or other damage resulting from such problems. Lume Social expressly disclaims any liability arising out of customer’s use of the Service.

7.3. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses in connection with any claims you make that aren’t allowed under these Terms. You also agree to indemnify and hold us harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses, in connection with any claims arising out of or relating to your use of the Service, your violation of any laws or regulations or a breach of any representations or warranties you’ve made to us.

To the maximum extent permitted by law, you acknowledge and agree that you assume full responsibility for any loss that results from your use of the Service.

You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Service is suitable for you considering such laws, rules, and regulations.