Terms of service

Who we are

Simply Art Creative ("we", "us") is a creative and digital marketing agency in Harare, Zimbabwe, run by Tinotendashe Mananga. You can reach us at tinomananga@gmail.com or on WhatsApp at +263 77 857 0266. "You" means the person or business using our website or services.

Our services

We provide social media management, content creation (design, photography and video), brand identity, strategy and reporting, and campaign management. What we do for each client, the price, the timeline and the number of revisions are set out in a written quote or agreement. If that quote or agreement says something different from these terms, the quote or agreement wins for that project.

Connecting your social media accounts

To publish and report for you, we use a social media publishing tool that we host ourselves, which connects to platforms such as TikTok, Facebook, Instagram, Threads, YouTube, LinkedIn, X and Pinterest through their official APIs. When you connect an account:

• you confirm that you own the account or are authorised to connect it, and that you are at least 18;
• you authorise us to publish, schedule and manage content on it, and to read its performance data, within the permissions you grant;
• we only publish content you have approved or asked us to publish;
• you can remove our access at any time in the platform's settings or by asking us, and we will stop using the account straight away.

Your use of each platform remains subject to that platform's own terms, including the TikTok Terms of Service, Meta's Terms of Service, the Instagram Terms of Use and the YouTube Terms of Service. Our use of data from these platforms is described in our privacy policy.

Your responsibilities

• Give us accurate information and the material we need, on time.
• Only give us material you have the right to use: logos, photos, music, names and likenesses of people, and any claims about your products.
• Check and approve content before it is published, and tell us promptly if anything is wrong.
• Make sure your business, your offers and the content you ask us to publish follow the law and each platform's rules, including its rules on advertising, branded content and promotions.
• Keep your own platform logins secure. We never need your passwords.

What we won't publish

We will not create or publish content that is unlawful, deceptive, hateful, harassing, sexually explicit, infringes someone else's rights, contains spam or fake engagement, or breaks a platform's rules. We may refuse or remove such content and may suspend our services if you ask us to publish it.

Who owns the work

• You keep ownership of everything you give us. You give us permission to use it to provide our services to you.
• When you have paid in full for a project, you own the final deliverables we made for it, unless the quote says otherwise. Stock images, fonts, music and other material licensed from third parties stay under their own licences.
• We keep ownership of our working files, drafts that were not chosen, and our general methods and know-how.
• We may show finished work in our portfolio and on our own channels, unless you tell us in writing that you would rather we didn't.

Fees and payment

Fees, deposits, payment dates and what happens if a shoot is cancelled or moved are set out in your quote or agreement. Paid advertising budgets are separate from our fees and are paid to the platform. If an invoice is unpaid when due, we may pause work until it is paid.

Platforms and other services

Social media platforms are run by other companies. They can change their features, rules, algorithms and APIs, limit an account's reach or suspend it without notice. We are not responsible for those decisions, for platform outages, or for results such as followers, views or sales, which no one can guarantee. Links on this website to other sites are for convenience; we are not responsible for their content.

Our responsibility to you

We will provide our services with reasonable skill and care. Apart from that, our website and services are provided as they are, without other promises. To the extent the law allows, we are not liable for indirect or consequential loss, or for loss of profits, revenue, data or goodwill, and our total liability for any project is limited to the fees you paid us for that project in the 12 months before the claim. Nothing in these terms limits liability that cannot be limited by law, or takes away rights you have as a consumer under the law of the country where you live.

Ending our work together

Either of us can end ongoing services as set out in the quote or agreement, or with 30 days' written notice if it says nothing. We can suspend or end services straight away if these terms are seriously broken. When our work ends you pay for work already done, we disconnect your accounts from our publishing tool, and we deal with your data as our privacy policy describes.

Changes to these terms

We may update these terms and will change the date at the top when we do. Changes don't affect a project already agreed unless you accept them.

Governing law

These terms are governed by the law of Zimbabwe, and the courts of Zimbabwe can settle disputes. If you are a consumer in the European Union or the United Kingdom, you also keep the protection of the mandatory laws of your country and can bring a claim in your local courts. Please talk to us first: most problems are settled faster that way.

Contact

Questions about these terms: tinomananga@gmail.com or WhatsApp +263 77 857 0266.