Shopfuel Terms of Service
Any interaction, engagement or payment through shopfuel.com (website) is an engagement between MatchGrade Media DBA Shopfuel (we, our or us) and you (client).
By agreeing to these terms and conditions, you wish to appoint us to provide you with the services that you have requested provided in our ad packages, and we agree to provide those services, in accordance with the terms and conditions set out below.
These Terms may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made to the Terms, prior to placing any new order with us.
Fees & Payments
Payment terms are as per the Payment Terms stated in this document.
All payments are made through our third-party merchant provider Stripe.com at the time of booking and recurring payments are made on the same day of each month (or the next closest business day) as your original booking. for PCI-DSS compliance and terms and conditions of Stripe.com’s services, please visit their website.
If for any reason a recurring payment should not be deducted due to issues on your end, we will aim to contact you immediately to rectify this error. If no contact is made, we will try and charge your card again two further times over the following three day period. If we are still unsuccessful in charging your nominated card, all services will be terminated and we may seek damages for loss of business and any outstanding debt.
Results & Guarantees
We strive to work hard and effectively to get you the results desired, but we do know that not every idea works for every business.
We, therefore, can never guarantee any success or specific result. By working with us, you agree and understand that there are no guarantees.
You understand and agree that you are paying Shopfuel for the service of creating, and managing digital advertising campaigns and that no results are guaranteed. It is understood and agreed to that Shopfuel has no control over Facebook, Instagram, Google or other media platforms. Changes to these companies’ advertising policies, procedures, and platform are outside of Shopfuels control. Therefore Shopfuel cannot be held liable for any loss of business, decrease in client sales, or opportunity cost for any reason at any time.
You understand and agree that there are NO REFUNDS. Once payment has been made, you can never claim it back, neither full nor partial for any reason.
As a digital advertising agency Shopfuel carries hard-costs for each client in the form of ad spend paid to the media platform. Therefore we do not allow refunds at any time due to the nature of our business.
Completion and Cancellations
Packages are considered ongoing in normal circumstances on an open-ended monthly subscription unless sufficient notification is received. Termination of any on-going package is via an opt-out with sufficient notification.
When placing an order online, it is final and cannot be reversed. Once the order has been received, we will not be held liable for any loss of earnings or any legal action taken as a result of a delay in production or delivery.
As an agency, we agree not to share your sensitive data with any third party. Your databases, website data and confidential client data is secure.
We do retain the right to all intellectual property created on your own website or Facebook account unless otherwise stated and recorded in writing by a representative of Shopfuel.
How you as the customer and us as the agency are going to use your custom audience data correctly
Facebook’s custom audiences feature enables you (our customer) to create an audience using your data such as email addresses and phone numbers. When using Facebook’s custom audiences feature, your data is locally hashed on your system before you upload and pass such data to Facebook to be used to create your custom audience (the “Hashed Data”). Without limiting any agreement between you and Facebook, by clicking “I accept,” passing to Facebook the Hashed Data, or using custom audiences or advertising, you agree to the following:
- You represent and warrant, without limiting anything in these terms, that you have all necessary rights and permissions and a lawful basis to disclose and use the Hashed Data in compliance with all applicable laws, regulations, and industry guidelines. If you are using a Facebook identifier to create a custom audience, you must have obtained the identifier directly from the data subject in compliance with these terms.
- If you are providing Hashed Data, you agree to use only provide the agency with data that is owned by you as the advertiser and not to augment or supplement the data with other data except as expressly authorised by Facebook. You represent and warrant that you have the authority to use such data on their behalf and will bind the advertiser to these terms.
- You represent and warrant that the Hashed Data does not relate to data about any individual who has exercised an option that you have, directly or indirectly, committed to honouring or provided to opt out of having that data disclosed and used by you or on your behalf for targeted advertising. To the extent an individual exercises such an opt-out after you have used data relating to that individual to create a custom audience, you will remove that data subject from the custom audience.
- You instruct Facebook to use the Hashed Data for the matching process. Facebook will not share the Hashed Data with third parties or other advertisers and will delete the Hashed Data promptly after the match process is complete. Facebook will maintain the confidentiality and security of the Hashed Data and the collection of Facebook User IDs that comprise the custom audience(s) created from your Hashed Data (“your custom audience(s)”), including by maintaining technical and physical safeguards that are designed to (a) protect the security and integrity of data while it is within Facebook’s systems and (b) guard against the accidental or unauthorised access, use, alteration or disclosure of data within Facebook’s systems.
- Facebook will not give access to or information about the custom audience(s) to third parties or other advertisers, use your custom audience(s) to append to the information we have about our users or build interest-based profiles, or use your custom audience(s) except to provide services to you, unless we have your permission or are required to do so by law.
- Facebook may modify, suspend or terminate access to, or discontinue the availability of, the custom audiences feature at any time. You may discontinue your use of the custom audiences feature at any time. You may delete your custom audience(s) from the Facebook system at any time through your account tools.
- You may not sell or transfer custom audiences, or authorise any third party to sell or transfer custom audiences
These Custom Audiences Terms and, to the extent applicable, the Data Processing Terms, govern the provision by you of Hashed Data to us and your use of the custom audiences feature, and your use of custom audiences for advertising. They do not replace any terms applicable to your purchase of advertising inventory from Facebook (including but not limited to the Facebook Advertising Guidelines at https://www.facebook.com/ad_guidelines.php), and such terms will continue to apply to your ad campaigns targeted to your custom audience. The custom audiences feature is part of “Facebook” under Facebook’s Terms of Service https://www.facebook.com/legal/terms, the “Terms”), and your use of the custom audiences feature (including your use of data) is deemed part of your use of, and actions on, “Facebook.” In the event of any express conflict between these Custom Audiences Terms and the Terms, these Custom Audiences Terms will govern solely with respect to your use of the custom audiences feature and solely to the extent of the conflict. Facebook reserves the right to monitor or audit your compliance with these terms and to update these terms from time to time.
Sufficient notification is deemed as:
- 1 business day notice to terminate any package. Notification (by phone or electronic via email) can be supplied by any representative to the client’s company.
- 1 business day notice to pause any package. Any pause of a package will continue to incur the monthly management fee as a placeholder for our services, while ad spend will be put on hold.
We reserve the right to suspend services immediately at any time and without liability if you fail to perform your obligations under this document, including failing to make payments to us by a due date.
Receiving written notification from us indicating the breach and requiring its remedy then we may at our discretion treat this document as terminated, in which case we will retain the Intellectual Property Rights in the services even if we had previously agreed to assign it.
Termination due to a breach of this document by you does not in any way prejudice any of our rights including our right to receive payment for services rendered.
You must not during the term of this document, or for a period of 6 months following completion of any project that we undertake for you: employ, contract or hire the services of any of our personnel, or; induce or attempt to induce any of our personnel to terminate their agreements or contracts with us.