Meta Advertising Service Terms (Addendum to Terms of Service)

Last Updated: 09 January 2026

These Meta Advertising Service Terms (“Advertising Terms”) apply to clients (“Client” or “you”) who subscribe to or purchase Crimson Social’s Meta advertising services. They are an addendum to our general Terms of Service and set out the specific terms and conditions under which we provide social media advertising and campaign management on Meta platforms (including Facebook and Instagram). By signing up for our estate agent Meta advertising subscription or otherwise agreeing to proceed with our Meta advertising services (for example, by email confirmation or online signup), you agree to be bound by both our standard Terms of Service and this addendum. In case of any conflict, the provisions of this addendum will prevail for matters related to Meta advertising services.

1. Service Overview

Scope of Service: Crimson Social will provide a managed advertising service on Meta Platforms (Facebook and Instagram) for the Client, focused on real estate lead generation and marketing. This service is typically delivered as a subscription package tailored for estate agents, involving monthly campaign management. Key elements of the service include:

• Campaign Setup: We will create or configure advertising campaigns within your Meta Business Manager or ad account. This includes defining target audiences (e.g. by location or interests), setting budgets (as agreed with you), and designing ad creative (imagery/videos and copy) to promote your listings or services.
• Optimization and Management: We will actively manage and monitor the campaigns, making adjustments to improve performance. This can involve A/B testing different ads, tweaking audience parameters, adjusting budgets, and optimizing for conversions (like lead form submissions or website clicks). Our team will leverage our expertise and Meta’s analytics to get the best possible results within the given budget.
• Lead Form Integration: If applicable, we will set up Facebook Lead Ads on your behalf. This means creating lead forms that capture user details (name, contact info, etc.) when they express interest in your listings or offers. We will ensure you receive these leads in a timely manner (via email, CRM integration, or another agreed method).
• Pixel and Tracking: We may implement the Meta Pixel and/or Conversions API on your website or landing pages (with your permission) to track ad-driven actions (such as page views, sign-ups, or enquiries). This helps in retargeting visitors and measuring campaign ROI. Pixel installation and configuration is part of the service, but it requires your cooperation (see Client Responsibilities below).
• Reporting: We will provide you with reports on campaign performance. By default, we furnish weekly summary reports (via email or dashboard) showing key metrics: ad reach, clicks, leads generated, cost per result, etc. We can also schedule review calls (e.g. monthly or as needed) to discuss performance and strategy. Our goal is to keep you informed and provide transparency about what your ad spend is achieving.
• Consultation and Strategy: Our service isn’t just execution – we will consult with you on ad strategy. For example, advising on the best budget allocation, ad creatives, or new campaign ideas (such as seasonal promotions). We aim to function as your in-house social media ads team, so we welcome strategy discussions.

Subscription Model: Our Meta advertising service is offered on a subscription basis (e.g., a monthly fee). The specifics (fee amount, ad spend budget, included features) will be as per the package you select or as agreed in writing. Typically, we have packages (like a base plan covering one ad campaign at X budget, etc.) as described on our website or proposal. This Addendum covers all such subscriptions unless otherwise stated.

No Guaranteed Outcomes: While we commit to delivering our services to a high standard, the Client acknowledges that advertising outcomes (such as number of leads, sales, or specific ROI) cannot be guaranteed. The effectiveness of social media ads depends on many factors beyond our control (market conditions, audience behaviour, platform changes, etc.). See Section 5 on “No Guarantee” for more details.

2. Client Responsibilities and Cooperation

Success in social media advertising requires collaboration. By entering this agreement, you agree to fulfill the following responsibilities:

2.1 Access to Assets: You will provide Crimson Social with the necessary access to your Meta business assets. This includes (as applicable):

• Meta Business Manager: If you have a Business Manager account, you will add us as a partner or admin with sufficient permissions to manage your ad account, Facebook Page, and Pixel. We can guide you through this process securely – typically, we’ll send an invite through Meta Business Suite which you approve.
• Facebook/Instagram Pages: Admin access to your Facebook Page (and Instagram Profile if connected) is required so we can create and publish ads on your behalf. You retain ownership of your pages; we just need the ability to post ads and view insights.
• Ad Account: You can grant us advertiser or admin access to your existing Facebook Ad Account. If you do not have an ad account, we can help you create one. Alternatively, with your permission, we may run ads via our own ad account and bill you for ad spend, but by default it’s preferable that you own the ad account for transparency.
• Pixel and Domain Verification: If not already done, you will cooperate with us to install the Meta Pixel on your website and verify your domain with Facebook (a simple DNS step). We may request you add a code snippet to your site’s <head> or use a tag manager – we can assist, but we might need access to your website CMS or ask your web developer to help. Installing the Pixel allows us to track conversions and create retargeting audiences, which is a crucial part of the service. If you choose not to implement the Pixel, some features of our service (like retargeting site visitors) won’t be available.

You agree to complete these access steps promptly upon the start of our engagement. Delay in granting access may impact our ability to start or manage campaigns, but will not defer the billing start date (since we allocate resources once the agreement is in effect). We will maintain the confidentiality of your access credentials and only use them for the purposes of providing the service.

2.2 Ad Content and Approvals: You will provide us with necessary information about your business, listings, branding guidelines, and any specific messaging or imagery you want included in ads. For example, you should supply: high-quality photos of properties, your company logo, and any USP (unique selling points) or offers you want to highlight. We can create ad creatives and copy for you, but your input is valuable to ensure accuracy (especially for property details or pricing). We will submit ad creatives to you for approval (via email or shared doc) before launching campaigns, especially for the initial set of ads or if they involve substantive claims. You are responsible for reviewing and approving the content and ensuring it’s factually correct and compliant with any industry regulations (e.g., estate agency advertising standards). If we do not hear any objections within a reasonable time after we send you a preview of an ad, we may proceed with the assumption of approval to avoid delays. However, we will make good faith efforts to get explicit approval on key ads.

2.3 Compliance with Meta Policies: The Client represents and warrants that any information, images, or claims you ask us to advertise are truthful and comply with Meta’s Advertising Policies and all applicable laws. Facebook has strict policies (for example, around housing ads, discrimination, personal attributes, etc.). Real estate ads may be considered under the Special Ad Category for Housing in some jurisdictions, which limits targeting options. We will guide you through these requirements and implement the needed settings (e.g., if Special Ad Category applies, we will enable it as required). You agree not to request that we run any ad or use any targeting that would violate laws or platform policies. For instance, you cannot ask us to target ads in a way that discriminates based on protected characteristics (like only showing ads to certain age groups or ethnic groups if not allowed), and you cannot include misleading statements in ads. If an ad is rejected by Meta due to policy non-compliance, we will work with you to modify it. If Meta requires you (the advertiser) to certify compliance for housing ads or other categories, you agree to complete such certification.

2.4 Ad Spend Budget and Payments: Unless otherwise agreed, the advertising spend (media budget paid to Facebook) is the Client’s responsibility. Typically, your ad account will be linked to your credit card or payment method, and Facebook will bill you directly for the ads. You must ensure that a valid payment method is on file in your ad account and that payments to Meta are made on time. If your payment method fails or your ad account accumulates an overdue balance, Facebook may pause all campaigns. We will notify you if we see any billing issues on your account, but it is ultimately your responsibility to settle them. In some subscription arrangements, Crimson Social may pay the ad spend and include it in our fees (often with a spending cap). If that is the case in your plan, it will be explicitly stated. Otherwise, assume media spend is separate from our service fee. We are not liable for any charges by Facebook – you agree that you will pay for the actual media spend in addition to our service fee, unless a package explicitly bundles a certain spend amount.

2.5 Minimum Commitment: The service requires a minimum commitment of three (3) months. You agree to engage our Meta advertising services for at least the first three months so that we have adequate time to optimize campaigns and demonstrate results. Early termination (before 3 months) is not permitted except for cause (see Termination section). During this period, you should also commit to keeping a consistent ad budget (as initially agreed) to allow strategies to gain traction. Frequent abrupt budget cuts or stopping ads can hamper performance and our ability to optimize.

2.6 Communication: You will designate a point of contact (yourself or someone on your team) who will liaise with our team. This person should be reasonably available to discuss campaign matters, approve creatives, and provide feedback. Timely communication is critical, especially for time-sensitive campaigns or leads. For example, if we generate leads via Facebook Lead Ads, you should have a process to promptly follow up with those leads (as lead quality diminishes over time). We recommend contacting leads within 1 business day or sooner. Our role is to supply you opportunities; your role is to nurture them. We are not responsible for missed opportunities if leads are not contacted by you in a timely manner.

2.7 Compliance with Data Protection: As part of running advertising, there may be personal data involved (e.g., lead contact info, website user data through Pixel). Both parties agree to comply with applicable data protection laws in handling such data. You will maintain an appropriate privacy notice on your website that discloses the use of Meta Business Tools (Pixel, etc.) and obtain any necessary consents (e.g., for cookies) – see Section 7 on Data Protection. In particular, if our Pixel on your site is feeding data for ads, you (as site owner) are responsible for informing visitors and obtaining consent for cookies as required by UK law (PECR/GDPR). We can provide guidance or wording for your privacy policy to mention this, but ultimately it’s your responsibility to have that notice in place.

In summary, your responsibilities include providing needed access and content, ensuring compliance on your side, and actively participating in the ad strategy (e.g., by giving feedback and following up with leads). Failure to fulfill these responsibilities may impact the performance of the campaigns, and in some cases, may be considered a breach of this agreement (for instance, if you deliberately run non-compliant ads against our advice).

3. Term and Termination

Term: The initial term of the Meta advertising service is three months (“Initial Term”), starting from the service commencement date (which is either the date you sign up/agree or a mutually agreed start date shortly thereafter). After the Initial Term, the service will continue on a rolling monthly basis (each a “Renewal Term”) until cancelled by either party in accordance with these terms.

For example, if service begins on January 1st, the initial term runs through March 31st. On April 1st, it would auto-renew for April (and so on) unless properly canceled.

Cancellation: After the Initial Term, you may cancel the service by giving at least 30 days’ notice in writing (email is acceptable). The cancellation will take effect at the end of the next monthly period following the notice. In other words, this is a one-month cancellation notice. If you give notice mid-month, you will still be charged for and we will continue to provide the service through the end of the following billing period. We do not prorate or refund partial months.

For example, if you decide after 4 months that you want to cancel, and you notify us on May 15th, we would end service on June 30th (assuming monthly periods align with calendar months for simplicity). You’d pay for May and June service in that case.

Early Termination: If you wish to terminate the service before the end of the Initial Term (3 months), please be aware that no refunds will be given for any unused portion of the term and you may be liable for the fees of the remainder of the initial term. We have set a minimum term because setup and optimization work upfront is significant. That said, if you are truly unhappy or have extenuating circumstances, talk to us – we value goodwill. However, formally, you are committing to 3 months.

Termination for Breach: Either party may terminate this agreement for cause if the other party materially breaches its obligations and does not cure the breach within 14 days of receiving written notice of it. For example, if you fail to pay our invoices (see Fees section) or if we fail to perform the services as agreed and don’t fix it after notice, the non-breaching party can end the contract. If terminated for breach by you (i.e., we breached), you would only pay for services rendered up to termination, and we would refund any prepaid amounts for period after termination. If terminated for breach by us (i.e., you breached), we reserve the right to accelerate and demand payment of the remaining contract value or other damages as appropriate.

Effect of Termination: Upon termination or expiration of the service term, Crimson Social will cease managing your campaigns. We will remove ourselves from your Business Manager and assets (or you can remove us). You will retain ownership of all your ad accounts, pages, and data. We will hand over any relevant information you may need – for example, if we created custom audiences or Pixel setups, we’ll ensure you have access or share those with you. It is your responsibility after termination to handle any ongoing leads or inquiries from the ads. We suggest that prior to termination date, we coordinate to either gracefully pause the campaigns or transition them to your control to avoid disruption. There are no termination penalties beyond what’s described regarding fees.

Renewals: The service renews monthly by default. We may revise the terms or pricing for renewal periods by providing you notice (e.g., if after a year, we adjust our rates, we’d let you know in advance). If you continue the service into a renewal term without objection, it will be under the updated terms. Of course, you are free to cancel with 30 days’ notice if changes are not agreeable.

4. Fees and Payment Terms

Service Fees: You agree to pay the subscription fee for the Meta advertising service as agreed. This is typically a fixed monthly fee (e.g., £X per month) or a percentage of ad spend model, as stated in our proposal or order form. The fee covers our management time, expertise, reporting, and any included deliverables (like creative design). It does not include the actual ad spend budget paid to Meta, which is handled as described earlier (Client pays directly or via separate arrangement).

We will invoice you for the service fee on a monthly basis (usually upfront for each month). For example, an invoice for the February service period would be sent around late January or February 1, payable by whatever due date is on the invoice (usually within 14 days).

Ad Spend Billing: As noted, in most cases, Facebook will charge your payment method on file for ad spend (either after a billing threshold is hit or monthly). Please ensure those payments are made to avoid campaign interruption. If, per our agreement, Crimson Social is fronting the ad spend and rebilling you (not common unless by special arrangement), then we will invoice you for the ad spend as well (likely with receipts), and payment terms for those would be immediate or as agreed because we in turn need to pay the platform.

Currency and Taxes: All fees are quoted in GBP (£) unless otherwise stated. Our fees are exclusive of VAT or any similar sales tax, which will be added if applicable. (As of now, for a UK client, VAT might apply if we are VAT-registered – if we aren’t required to charge VAT, we won’t add it. We’ll specify on the invoice.) You are responsible for any applicable taxes on the service (except taxes on our income).

Late Payment: If you fail to pay an invoice by the due date, we reserve the right to pause advertising services until payment is resolved. We will make attempts to contact you if a payment is overdue. Overdue amounts may accrue interest at the statutory rate (for B2B transactions in UK, that’s 8% above the Bank of England base rate) from the due date until paid. We really hope to avoid this and maintain a good relationship, so please communicate if there are any issues affecting payment and we can often work something out. However, consistent failure to pay is a breach and grounds for termination.

Fee Changes: After the initial term, we may review our management fee. If we believe a fee adjustment is needed (for instance, if your ad spend or scope has significantly increased, requiring more work, or general price updates), we will discuss this with you at least 30 days in advance. Any changes would typically coincide with a new renewal period. If you do not agree to the new fees, you may terminate with the standard notice, and the old fee will apply during the notice period. Continuing the service will imply acceptance of the new rate.

No Refunds for Used Services: Because this is a service that involves our time and strategic expertise, once a month of service has been delivered, it is not refundable. If you decide to discontinue mid-month, we will continue to fulfil the service for that paid period but will not issue a refund for it. If there are any unused prepaid months (in case you paid several months upfront), we would refund those in line with any commitments minus any applicable discounts (for instance, if you got a multi-month discount and cut it short, we’ll recalc).

In summary, you agree to timely pay the service fees. We agree to be transparent about what you’re being billed for. All financial terms from the main ToS (like if there are any liability caps related to fees, etc.) apply here as well.

5. No Performance Guarantee

No Guarantee of Results: The Client acknowledges that Crimson Social has not and cannot make any guarantee regarding the outcomes of advertising campaigns. We do not guarantee any specific number of leads, conversions, click-through rates, or return on investment. Marketing by its nature carries uncertainty, and past performance is not a promise of future results.

While our aim is to deliver high-quality leads and improved brand visibility, we cannot guarantee a sale or a lead from any particular amount of ad spend. The success of campaigns depends on numerous factors beyond our control, including the market demand in your area, the competitiveness of your offerings, seasonal trends, changes in Meta’s algorithm or policies, and the actions of potential customers. For example, if the property market slows down, ads might generate fewer inquiries regardless of our best optimization efforts.

By entering this agreement, you understand and accept that advertising involves risk. You may end up spending money on ads without achieving the desired outcome (such as X number of homes sold or Y number of valuations requested). We will of course optimize for the best results, but no marketing effort can be 100% guaranteed.

No Warranty: To the fullest extent permitted by law, we provide our advertising services “as is” and without any warranty or condition, express or implied. We specifically disclaim the implied warranties of merchantability and fitness for a particular purpose with respect to the services. In simple terms, we do not warrant that the ads will meet your expectations or generate any particular outcome.

Client’s Due Diligence: You acknowledge that you have not been induced into this agreement by any representation or warranty not expressly set out in these terms. You have chosen to engage us based on your own evaluation of our portfolio, discussions, and proposal. We will certainly share case studies or examples of results we’ve achieved for other clients (if we have them), but those are for illustration and not a guarantee that you will achieve the same.

Limitation in Case of Dissatisfaction: If you are unhappy with how a campaign is performing, please communicate with us. We will do our best to adjust strategy. If results are persistently disappointing, you may choose to terminate the service after the minimum term as described above. However, you will still be responsible for fees incurred and ad spend during the period of service provided. We cannot refund spent ad budget because that goes to the platform and is outside our control once spent.

In summary, marketing has variables and uncertainties. We promise to apply our skills and best efforts, but we do not promise specific outcomes. The Client assumes the risk of the advertising investment. That said, our goal is mutual success – we will work diligently to try to deliver a positive return and we’ll be transparent about performance so we can jointly make decisions.

6. Intellectual Property and Data

Client Materials: As part of the service, you may provide us with logos, images, videos, ad copy, or other content to use in ads (“Client Content”). You retain all intellectual property rights in your Client Content. You grant us a non-exclusive, royalty-free license to use, reproduce, and modify (e.g., crop, overlay text) the Client Content solely for the purposes of creating ads and delivering the services. We will not use your content for any other purpose without permission. For example, if you give us property photos to make a carousel ad, we’ll use them for that campaign. We might also showcase the ad (which contains your images) in our portfolio or case studies unless you instruct otherwise, but we typically ask for permission for any sensitive use.

You confirm that you have the necessary rights to any content you provide us (e.g., you took the property photos or have permission to use them, and using them in ads will not infringe anyone’s rights). If any Client Content includes third-party copyrighted material (for example, a photo taken by someone else), you must ensure you have obtained the rights for advertising use. You agree to indemnify us if any third-party claim arises from the content you provided (see Indemnification section below).

Crimson Social Materials: We may create or provide content as part of the service (e.g., we write ad copy, we design graphics, we edit a video). We may also use our own templates, know-how, or stock assets. Our team’s work product (excluding your underlying content) – let’s call it “Agency Content” – remains our intellectual property. However, for any Agency Content that is incorporated into the final ads or deliverables we provide to you, we grant you a perpetual, royalty-free license to use those deliverables for your own business purposes. Practically, this means if we write an ad caption or make a custom graphic for your campaign, you can reuse that text or image in your own marketing even after our engagement, but we (or our licensors) still own the original creative rights to it. We reserve the right to use generic portions of ads (non-confidential parts) or methodologies for other clients, and nothing in this agreement prevents us from doing similar work for other businesses (including possibly your competitors, though we would avoid any direct conflict of interest without disclosure).

If you prefer that content we create for you (like a custom video) be fully assigned to you, let’s discuss – we can do that as a special arrangement, possibly with an assignment document. By default, we keep ownership just to be able to reuse fragments and demonstrate our work, but we license it to you as above, so you won’t be restricted in using it.

Ad Accounts and Data: Your Facebook ad account, page, and Pixel data are owned by you or by Meta (in case of Pixel data that they co-own). If we run campaigns in your ad account, all the data accumulated (audience insights, Pixel events, etc.) remains accessible to you after our work. We won’t remove any data (and in fact, we can’t remove Pixel data from your account; it’s stored on Meta’s side). If we ran ads in our own ad account for your benefit (only if needed or agreed), we will either transfer the ad assets to you or provide you with the results data on termination. Typically, we avoid using our own accounts because it’s better you have all assets – but if it happens, we ensure you get the value of the data (e.g., we could share the custom audience files or Pixel event CSV).

Confidential Information: Any business information we learn about you through this process that is not public (such as your upcoming business plans, budget levels, etc.) will be kept confidential by us. Similarly, any proprietary processes or pricing details of ours should be kept confidential by you. Both parties agree not to disclose each other’s confidential information to third parties without permission, except as needed for the service or as required by law. Advertising performance data is generally considered confidential to your business (we won’t share your lead numbers or ROI publicly without permission, except in aggregate or anonymized form for our marketing).

Portfolio Use: We may wish to use your campaign as a case study or testimonial. We might ask you for a quote or to share high-level success metrics. With your consent, we may display your brand name or logo on our website as a client and describe the work in general terms. If you prefer we not showcase the work, just let us know. We will not share sensitive specifics (like exact ad spend or revenue figures) without your okay.

7. Data Protection and Privacy

(This section outlines how both parties will handle personal data in compliance with data protection laws, particularly relevant because of Pixel and lead data.)

Roles: For purposes of UK data protection law (UK GDPR, Data Protection Act 2018), the Client is the data controller of any personal data collected via the advertising campaigns. For example, if we generate leads (individuals’ names, emails, phone numbers) through a Facebook Lead Ad on your behalf, you are the controller of that lead data. Crimson Social acts as a data processor on your behalf, meaning we process that personal data only according to your instructions and for the purposes of providing the advertising service. We will not use your lead data or customer data for any purposes other than running and analyzing your campaigns and as otherwise instructed by you.

There are aspects where Meta Platforms is also involved. When using Meta Business Tools like the Pixel on your website, Meta and you likely operate as joint controllers for the collection and transmission of that data to Meta. Meta’s UK Controller Addendum outlines that joint controllership and allocates responsibilities (in short, you must provide notice/obtain consent on your site, and Meta provides the opt-out mechanism on their side). Crimson Social will assist you in fulfilling those obligations by providing guidance and implementing consent tools (like CookieYes) as described in our Privacy/Cookie Policy integration.

Compliance: Both parties agree to comply with applicable data protection laws in respect of personal data processed through the advertising services. This includes the UK GDPR, EU GDPR (if applicable), and PECR (Privacy and Electronic Communications Regulations) regarding cookies/marketing communications.

The Client confirms that it has a lawful basis (e.g., consent or legitimate interest) for processing personal data of individuals targeted or collected in the campaigns. For instance:

• If we upload a list of your customer emails to Facebook to create a custom audience, you must ensure you have the proper consent or lawful basis to use their data for advertising. (Facebook may require that you warrant having an appropriate legal basis for Custom Audience uploads – you hereby do so warrant.)
• If the Pixel is used, you should have a clear Privacy Policy on your website informing visitors that their data will be shared with Meta via cookies/pixels for advertising purposes. If required, you will obtain their consent via a cookie banner (as we have implemented). Essentially, you must “tell people about and get permission for” the Pixel, which our CookieYes tool facilitates.
• For any leads collected, you will handle the data in accordance with privacy laws – e.g., secure storage, honouring opt-out requests, not spamming, etc. If a user provided their email for a specific purpose (e.g., “get a property valuation quote”), you should use it only for that purpose unless they separately consent to broader marketing.

Crimson Social, as a processor, will:

• Only process personal data on documented instructions from you (as given in this contract and via our communications). By default, our instruction is to use the data to run and optimize campaigns. We won’t, for example, download your lead list and do our own marketing to them – that would be outside the scope.
• Ensure persons processing the data are under confidentiality obligations (our team/contractors are all bound by confidentiality and data protection agreements).
• Implement appropriate security measures (as described in the Privacy Policy’s Data Security section) to protect personal data. We already covered that we use secure password managers, encryption, etc., to keep lead data safe.
• Assist you with fulfilling individuals’ rights or queries if needed. For example, if someone we targeted with an ad under a Custom Audience exercises a data subject right (like asking for removal), we will assist you by deleting them from the audience list if you inform us. Or if there’s an investigation by the ICO, we’ll cooperate.
• Upon termination of services, at your request, delete or return (at your choice) any personal data of your customers/leads that we hold, unless we are required to retain it by law or it exists in backups (in which case we’ll secure it). In practice, most personal data handling we do is transient (on platforms or via spreadsheets we pass to you). We’ll make sure not to keep unnecessary copies of, say, lead lists after use.
• Make available information necessary to demonstrate our compliance with these data protection obligations and allow for or contribute to audits if required (within reason, and possibly at your cost if it’s an extraordinary request).

Meta’s Role: You acknowledge that Meta (Facebook) may use the data collected in campaigns for its own purposes as an independent controller (for example, improving ad targeting algorithms, etc.). Both parties will comply with the Meta Business Tools Terms and UK Controller Addendum. This includes prominently disclosing the joint controller arrangement in respective privacy notices. Crimson Social has done so in its Privacy Policy for Pixel data (noting the joint controllership and Meta’s independent role). You should ensure your website privacy notice also mentions Facebook/Meta as a data recipient through Pixel or other tools, and inform users how to opt out (e.g., via cookie settings or using Facebook’s opt-outs). We can provide template language if needed.

Data Processing Agreement: This Section 7, together with our Privacy Policy and the main Terms, will act as a data processing agreement between us (with you as Controller and us as Processor) for the purposes of UK GDPR Article 28 where applicable to our handling of personal data. By agreeing to these terms, you instruct us to process data as needed to deliver the advertising services. We’ll alert you if any instruction appears to infringe data protection laws (as per Article 28(3)). We also inform you that we use certain subprocessors (e.g., we might use HubSpot or Google Drive to store some campaign data, or contractors as sub-processors). We maintain a list of sub-processors which we can provide on request. We ensure any sub-processor we use is bound by similar data protection obligations.

Lead Data Handling: To be specific about lead data (since that is PII): When a Facebook Lead Ad is submitted, we typically access it either through Facebook’s interface, a notification email, or via a secure integration (like a Zapier or HubSpot integration). We will pass that lead info to you as quickly as possible, in a secure manner. For example, we might set up an automated email to your designated email address containing the lead details, or use an API integration to push the leads directly into your CRM (which might be HubSpot, etc.). We’ll agree on the method. We will not retain lead info longer than necessary – usually it lives in Facebook’s system (which you can download anytime). If we keep a backup, we’ll delete it after ensuring you’ve received it. Any spreadsheets or docs with leads will be stored securely and only shared with authorized personnel.

Confidentiality of Business Data: Data protection here focuses on personal data. Separately, any business data or strategies you share with us we keep confidential (as per Section 6). We treat your ad results as confidential too (though aggregate performance might be used anonymously as mentioned).

By adhering to these points, both the Client and Crimson Social aim to ensure full compliance with GDPR/UK GDPR and maintain the privacy of individuals whose data is processed during the advertising activities. If at any point either party becomes aware of a personal data breach relating to this campaign data, they will notify the other without undue delay and both will coordinate on any required notifications or remediation. (This echoes our breach response commitments.)

In summary: We handle the data professionally and lawfully, you handle your responsibilities (like privacy notices and lawful basis), and both of us cooperate to protect individuals’ privacy.

8. Liability Limitations

Limitation of Liability: To the extent permitted by law, each party’s liability to the other for any claims arising out of or related to these Advertising Terms or the provision of the services is limited. Crimson Social’s total aggregate liability for all claims (whether in contract, tort (including negligence), or otherwise) is capped at the amount of fees paid by you for the Meta advertising service in the 3 months immediately preceding the event giving rise to the claim. If the event occurred in the initial three months, then our liability cap is the total fees paid for those three months.

What this means: If something goes wrong that is our fault, the maximum compensation you could seek from us is essentially three months’ worth of service fees. We would not, for example, be liable for the entire ad spend you paid to Facebook (since that was your direct cost and outside our fee). This cap ensures our liability is proportional to what you’ve paid us for our service.

Exclusion of Certain Damages: In no event will either party be liable to the other for any indirect, consequential, special, or punitive damages. This includes, but is not limited to, lost profits, lost revenue, lost business opportunities, or harm to goodwill, even if advised of the possibility of such damages. For example, if your ads didn’t yield sales, you can’t claim the profit you hoped to make from us as damages. Or if a mistake in an ad caused some embarrassment, you can’t claim damages for lost reputation beyond direct costs to mitigate.

We specifically will not be liable for any issues arising from:

• Meta’s platform errors or outages (if Facebook’s systems fail, that’s out of our control).
• Rejections or takedowns of ads by Meta, or account suspensions initiated by Meta (unless caused directly by our breach of these terms or instructions, and even then our liability is limited to the cap above).
• Any illegal or policy-violating content or data you provided to us. You bear responsibility if you gave us improper materials.

Exceptions: Nothing in these terms shall limit or exclude liability for: (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability which cannot be limited or excluded by law. Also, any of your payment obligations owed to us are not limited by the above cap (meaning you still have to pay what you owe, obviously; the cap is about our liabilities to you).

Acknowledgment: The Client acknowledges that the fees charged by Crimson Social reflect this allocation of risk and the limitation of liability. If you required us to take on more liability, our fees would likely be higher. This is a fair balance given the nature of services.

Indemnity: You (the Client) agree to indemnify and hold harmless Crimson Social and its directors, employees, and agents from any third-party claims, losses, or damages (including legal fees) arising out of or related to: (a) the content or data you provided for use in ads (for instance, if someone sues saying a property image was used without permission or an ad claim was misleading and caused harm), (b) your violation of any laws or regulations in connection with the ads (e.g., if you failed to follow housing advertising rules and a regulator fines you), or (c) your breach of these Advertising Terms. We will promptly notify you of any such claim and allow you to control the defense (with cooperation from us).

Conversely, we agree to indemnify you for third-party claims or regulatory fines that arise directly from our breach of these terms or our negligence – e.g., if we run an ad in a way you explicitly forbade or we misuse lead data outside of instructions. Our indemnity is subject to the same liability cap above (we won’t cover enormous indirect losses, just the direct fallout of our mistake up to our cap).

9. Governing Law and Dispute Resolution

These Advertising Terms (and any non-contractual disputes/claims arising from them) are governed by and construed in accordance with the laws of England and Wales. Both parties agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this contract or its subject matter.

If any dispute arises, the parties will first attempt in good faith to resolve it amicably through discussion. If we can’t resolve informally, we might consider mediation or other Alternative Dispute Resolution methods before resorting to court, if both parties agree.

10. Acceptance and Entire Agreement

By indicating your acceptance (for example, by signing a proposal, clicking “I Agree” online, or agreeing via email to start the service), you confirm that you have read and understood these Meta Advertising Service Terms and agree to be bound by them. These terms, together with our main Terms of Service (if any) and any applicable Order Form or Statement of Work, constitute the entire agreement between us for the Meta advertising services. They supersede any prior discussions or proposals on this specific service.

If you are accepting on behalf of a company or organization, you represent that you have authority to bind that entity.

No variation of these terms shall be effective unless made in writing and agreed by both parties.

For convenience, acceptance may be given electronically. An email from your official account stating “go ahead” or similar after receiving these terms will be deemed acceptance.

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