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 marketing consulting and operational outsourcing services, you ("the Client") 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 and a subsidiary of Start Media Group.

We reserve the right to refuse service to anyone for any reason at any time.

2. Definitions

Throughout these Terms, the following definitions apply:

• "Client" means the individual, company, or organisation that engages the Company to provide Services, including all authorised representatives, employees, and agents.
• "Company" means Flare Creations Pte. Ltd., a subsidiary of Start Media Group, registered in the Republic of Singapore.
• "Deliverables" means all tangible and intangible outputs produced by the Company in the course of providing the Services, including but not limited to strategy documents, creative assets, content calendars, and campaign reports.
• "Services" means the strategic consulting and operational outsourcing services provided by the Company exclusively to the F&B industry, as more particularly described in Section 3 or the applicable SOW.
• "SOW" means the Statement of Work, proposal, or engagement letter executed between the parties that specifies the scope, timeline, fees, and specific Deliverables for a given engagement.
• "Confidential Information" means all non-public, proprietary, or confidential information disclosed by either party, whether orally or in writing.

3. Scope of Services

The Company provides specialised marketing services exclusively to businesses operating within the Food & Beverage sector. All Services are delivered subject to the terms of the applicable SOW and these Terms.

Strategic Consulting

• Brand positioning and architecture strategy
• Market entry and growth strategy development
• Digital marketing strategy and channel planning
• Consumer insights, market research, and competitive analysis
• Campaign strategy and creative direction

Operational Outsourcing

• Social media management, content scheduling, and community engagement
• Content production, including food photography, videography, 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.

4. Client Obligations

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 (including social media account credentials, analytics access, and venue access for content production) within five (5) business days of engagement commencement;
• 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;
• 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.

5. Intellectual Property

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 & 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. 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 & 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.

7. Data Protection & PDPA Compliance

Data Controller & Processor Roles

The Company acts as a data controller in respect of personal data collected through its own marketing activities and website. In relation to customer or operational data shared by the Client for the purpose of delivering Services, the Company generally acts as a data processor, unless otherwise specified in a Data Processing Addendum.

Consent & Marketing Communications

Where the Company collects personal data for direct marketing purposes, we obtain clear and unambiguous consent in accordance with PDPC guidelines. Individuals may withdraw consent at any time by contacting us at privacy@flarecreations.sg.

Data Retention

We retain personal data only for as long as necessary to fulfil the purposes for which it was collected:

• Financial and accounting records: seven (7) years, as required by Singapore law;
• Inactive marketing databases and contact lists: three (3) years from the last interaction, after which data is securely deleted or anonymised;
• Client project files and creative assets: as specified in the SOW or until termination of the engagement, whichever is longer.

Client Responsibilities

The Client warrants that it has obtained all necessary consents and has a lawful basis for sharing any customer personal data with the Company. The Client shall indemnify the Company against any claims, fines, or penalties arising from the Client's failure to comply with data protection obligations.

Data Breach Notification

In the event of a suspected or actual data breach affecting personal data under our control, we will notify affected Clients and the PDPC (where required) within seventy-two (72) hours of becoming aware of the breach, in accordance with PDPC breach notification obligations.

Data Protection Officer

For all data protection inquiries, including access requests, corrections, or complaints, please contact our Data Protection Officer at dpo@flarecreations.sg.

8. Confidentiality

Both parties acknowledge that they may receive Confidential Information from the other during the course of the engagement. Each party agrees to:

• Maintain the confidentiality of all Confidential Information and not disclose it to any third party without prior written consent;
• Use Confidential Information solely for the purpose of performing its obligations under these Terms;
• Protect Confidential Information with at least the same degree of care used to protect its own proprietary information, but in no event less than reasonable care.

Exclusions

Confidentiality obligations shall not apply to information that: (a) is or becomes publicly available through no breach of these Terms; (b) was rightfully known to the receiving party prior to disclosure; (c) is independently developed without use of the disclosing party's Confidential Information; or (d) is required to be disclosed by law or court order, provided prompt notice is given to the disclosing party.

Duration

These confidentiality obligations shall survive termination of the engagement for a period of three (3) years.

Return of Materials

Upon termination or expiry of the engagement, each party shall promptly return or destroy all Confidential Information belonging to the other party, except for archival copies required for legal or audit purposes.

9. Limitation of Liability

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.

10. Termination

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.

Survival

Upon termination, all provisions that by their nature should survive termination shall survive, including but not limited to Intellectual Property, Confidentiality, Payment Terms, 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.

11. Governing Law & Disputes

Governing Law

These Terms and any dispute arising out of or in connection with them 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.

12. Amendments

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.