Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using this website at www.flarecreations.sg, or by engaging Flare Creations Pte. Ltd. ("the Company," "we," "us," or "our") to provide strategic growth services, you ("the Client" or "you") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), together with any applicable Statement of Work ("SOW"), proposal, or engagement letter.

If you do not agree to these Terms in their entirety, you must immediately discontinue use of this website and refrain from engaging our services. These Terms constitute a legally binding agreement between you and Flare Creations Pte. Ltd., a company incorporated in the Republic of Singapore. Should you have questions before accepting these Terms, please contact our team.

We reserve the right to refuse service to anyone for any reason at any time, including where we reasonably believe that accepting an engagement would create a conflict of interest or violate applicable law.

2. Description of Services

Flare Creations is a boutique F&B marketing and growth agency. We provide specialised strategic consulting and operational outsourcing services exclusively to restaurants, cafés, bakeries, food manufacturers, hospitality groups, and food brands operating in Singapore and Southeast Asia. The specific Services to be provided under any engagement are set out in the applicable SOW and may include the following:

Strategic Consulting

• Brand positioning, architecture, and differentiation strategy;
• Market entry, expansion, and sustainable growth planning;
• Digital marketing strategy, channel planning, and media recommendations;
• Consumer insights, market research, and competitive analysis;
• Campaign strategy, creative direction, and go-to-market planning.

Operational Outsourcing

• Social media management, content scheduling, and community engagement;
• Content production, including food photography, videography, graphic design, and copywriting;
• Key Opinion Leader (KOL) and influencer identification, coordination, and campaign management;
• Event marketing, pop-up activation, and campaign execution;
• Performance analytics, reporting, and data-driven optimisation.

Service Modifications

Any modification to the scope of Services, Deliverables, or timeline must be agreed upon in writing by both parties through a signed change order or amended SOW. Verbal requests or informal communications shall not constitute valid modifications. You may view an overview of our growth solutions on the F&B Marketing and Brand Growth Services page.

3. User Obligations and Account Responsibilities

To enable the Company to deliver Services effectively, the Client agrees to provide accurate, complete, and timely business information, brand guidelines, and all necessary operational access within five (5) business days of engagement commencement. This includes social media account credentials, advertising account access, analytics permissions, and venue access for content production.

Account Security

You are responsible for maintaining the confidentiality of any account credentials, passwords, or API keys that you share with us or that are created on your behalf. You agree to notify us immediately of any unauthorised access to or use of your accounts. We will use commercially reasonable measures to protect credentials shared with us and will limit access to personnel who require it to perform the Services.

Prohibited Activities

You agree not to use the website or Services to:

• Upload, transmit, or distribute any content that is unlawful, defamatory, infringing, or harmful;
• Attempt to gain unauthorised access to our systems, servers, or third-party platforms managed on your behalf;
• Reverse-engineer, scrape, or interfere with the proper working of the website;
• Impersonate any person or entity, or misrepresent your affiliation with any business;
• Use automated scripts, bots, or other means to access the website in a manner that imposes an unreasonable load on our infrastructure.

Client Responsibilities

• Review, provide feedback, and approve all content, creative assets, and strategic documents within seventy-two (72) hours of submission. Failure to respond within this window shall constitute deemed approval, unless otherwise agreed in writing;
• Ensure all F&B products, premises, and marketing claims comply with the regulations of the Singapore Food Agency (SFA), the National Environment Agency (NEA), and all other applicable local health, safety, and advertising standards;
• Clear all intellectual property rights for any materials, imagery, logos, or brand assets provided to the Company for use in Deliverables, and indemnify the Company against claims arising from unauthorised use of such materials;
• Designate a single point of contact with appropriate authority to approve Deliverables, communicate feedback, and make binding decisions on behalf of the Client;
• Disclose any existing agency relationships, exclusivity agreements, or conflicts of interest that may impact the provision of Services.

For information on how we handle personal data shared through your account or collected during service delivery, please review our Privacy Policy.

4. Fees and Payment Terms

Fee Structure

Fees may be structured as (a) project-based fixed fees for defined scopes of work, or (b) monthly retainer fees for ongoing operational outsourcing. The applicable fee structure, schedule, and payment milestones shall be specified in the SOW.

Invoicing

The Company shall issue invoices in accordance with the SOW. Unless otherwise stated, all invoices are payable within fourteen (14) calendar days of the invoice date ("Net 14").

Late Payment

Overdue amounts shall accrue interest at a rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower), calculated from the due date until full payment is received. The Company reserves the right to suspend all Services without liability if any invoice remains unpaid for more than thirty (30) days.

Currency and Expenses

All fees are quoted and payable in Singapore Dollars (SGD) unless otherwise agreed in writing. The Client shall reimburse the Company for all pre-approved out-of-pocket expenses incurred in connection with the Services, including travel, venue hire, and third-party platform fees.

Refund Policy

Fees are generally non-refundable once work has commenced. Any refund request will be considered on a case-by-case basis at the Company's sole discretion and governed by the terms of the applicable SOW.

5. Intellectual Property Rights

Company Property

The Company retains all rights, title, and interest in its proprietary methodologies, frameworks, templates, tools, and non-customised software used in the delivery of Services. Nothing in these Terms shall be construed as granting the Client any licence to the Company's underlying intellectual property.

Client Property

The Client retains all rights to its pre-existing intellectual property, including trademarks, logos, recipes, and brand assets provided to the Company. The Company is granted a limited licence to use such materials solely for the purpose of performing the Services during the engagement term.

Deliverables and New Content

Upon receipt of full payment, the Client is granted a perpetual, non-exclusive, royalty-free licence to use the Deliverables for its own business purposes. The Company retains the right to use anonymised or redacted versions of the Deliverables for its portfolio, case studies, and marketing materials, unless otherwise agreed in writing under a mutual non-disclosure arrangement.

Moral Rights

To the extent permitted by law, the Client consents to the Company exercising moral rights in creative works produced during the engagement, including the right to attribution and integrity, to the extent necessary for the execution, adaptation, and publication of marketing materials.

6. Confidentiality and Data Use

Confidential Information

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the Services, including business plans, customer lists, financial information, marketing strategies, and proprietary processes ("Confidential Information"). Confidential Information does not include information that is publicly available, already known to the receiving party, or independently developed without use of the disclosing party's information.

Permitted Use

Confidential Information may only be used for the purpose of performing or receiving the Services and may not be disclosed to third parties except to employees, contractors, or advisors who have a need to know and are bound by confidentiality obligations. This obligation continues for three (3) years after termination of the engagement, or longer where required by law.

7. Limitation of Liability and Disclaimers

Exclusion of Consequential Damages

In no event shall either party be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, loss of goodwill, or business interruption, even if advised of the possibility of such damages.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to pandemic restrictions, government lockdowns, supply chain disruptions, social media platform algorithm changes, or third-party service outages that materially affect the F&B industry or digital marketing landscape.

No Performance Guarantees

The Company does not guarantee specific results from the Services, including but not limited to specific return on investment (ROI), revenue increases, follower growth, engagement rates, or sales conversions. All projections and estimates provided are for planning purposes only and do not constitute guarantees.

8. Termination and Suspension

Termination for Convenience

Either party may terminate the engagement by providing thirty (30) days' written notice to the other party. Upon such termination, the Client shall pay all fees and expenses incurred up to the effective date of termination.

Termination for Cause

Either party may terminate the engagement immediately upon written notice if the other party materially breaches these Terms and fails to remedy such breach within fourteen (14) days of receiving written notice.

Suspension of Services

We may suspend Services immediately, without prior notice, where necessary to protect our systems, comply with legal obligations, or prevent fraud, abuse, or non-payment. Suspension does not relieve the Client of its obligation to pay outstanding fees.

User-Initiated Termination

If you wish to terminate your account or service agreement, please notify us in writing at legal@flarecreations.sg or through your designated account manager. Termination requests will be processed in accordance with this section.

Survival

Upon termination, all provisions that by their nature should survive termination shall survive, including but not limited to Intellectual Property, Confidentiality, Payment Terms, Indemnification, Limitation of Liability, and Governing Law.

Off-Boarding

Upon termination, the Company shall provide the Client with all completed Deliverables and relevant project files within fourteen (14) days, subject to payment of all outstanding fees. The Company is not obligated to transfer proprietary tools, templates, or methodology documentation.

9. Governing Law and Jurisdiction

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of law principles.

Jurisdiction

The parties irrevocably submit to the exclusive jurisdiction of the courts of the Republic of Singapore.

Alternative Dispute Resolution

Before commencing any court proceedings, the parties agree to attempt in good faith to resolve any dispute through mediation at the Singapore Mediation Centre. Either party may initiate mediation by written notice to the other. If mediation does not result in a settlement within thirty (30) days, either party may proceed to litigation.

Language

These Terms are executed in the English language. In the event of any discrepancy between the English version and any translation, the English version shall prevail. Any Chinese translation provided is for reference purposes only and does not constitute a legally binding document.

10. Changes to These Terms

The Company reserves the right to modify, amend, or update these Terms at any time. Material changes will be notified to active Clients via email and displayed via a banner on the website at least thirty (30) days before taking effect.

Continued use of the website or Services after the effective date of any modifications constitutes acceptance of the revised Terms. It is the Client's responsibility to review these Terms periodically.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

11. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, our data protection practices, or any aspect of our legal framework, please contact our legal team using the details below. We aim to respond to legal enquiries within two (2) business days.

• Legal enquiries: legal@flarecreations.sg
• General enquiries: Contact Flare Creations
• Company: Flare Creations Pte. Ltd., a subsidiary of Start Media Group, Republic of Singapore

For privacy-specific matters, please refer to our Privacy Policy or contact our Data Protection Officer at the same email address.