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Legal

Terms of service

Draft. Effective date set at launch.

1.The service

Jewish Marketing Group (JMG) operates a marketplace for booking advertising listings on WhatsApp platforms run by independent creators: statuses and groups. JMG also arranges print placements in Jewish publications, which run by issue against each publication's own submission deadline rather than on the live calendar. JMG lists the listings, takes the bookings, schedules the posts, delivers the advertiser's content to each creator or publication, and collects each creator's confirmation that the post went up, with their proof attached.

1.1JMG runs the marketplace and the bookings. The audiences belong to the creators who built them.

2.Accounts

2.1Advertiser and creator accounts are opened by JMG approval. Submitting an inquiry or an application does not by itself create an account.

2.2Account holders are responsible for the accuracy of their contact and business details, and for keeping their sign-in credentials to themselves.

3.Bookings and payment

3.1Every listing carries a listed price, and the price shown at the moment of booking is the price billed. Listed prices may change, and a change never alters a booking already placed.

3.2JMG does not process payments on this platform. An order is booked and JMG issues an invoice for it; the advertiser pays that invoice off the platform, by PayPal, Zelle, Venmo, Cash App, or as otherwise arranged, against the reference on the invoice. Payment by credit card is available on request and is set up with JMG directly, away from the platform. No card or bank details are entered or stored on the platform, and JMG records only which method a payment arrived on. An account billed on terms pays on the terms printed on the invoice: due on receipt, net 15, or net 30. One invoice is issued per order, covering every listing on it.

3.3An advertiser pays only for posts that ran. A listing a creator turns down, and a slot that passes with nothing posted, is not charged. Where it has already been paid for, the amount is refunded or credited to the account.

4.The creator relationship

4.1Creators are independent owners of their audiences. They are not employees or agents of JMG.

4.2For each booking, JMG schedules the slot, delivers the content to the creator ahead of their lead time, and collects the confirmation. Creators confirm each post through the platform themselves, with their proof.

4.3Audience counts shown on listings are the counts the creator reported from their own account. JMG checks each one with the creator who owns it and publishes it with the date of that check. Only the creator can see their own contact list, so JMG does not warrant these counts as independently measured.

5.Creator commission and payouts

5.1JMG's commission is agreed with the creator and held on their account. It is applied to an order when the order is placed, and the creator's ledger shows the gross, the commission, and the net on every line.

5.2A creator's share is credited to their ledger when they confirm the post went up. Credited balances are settled on JMG's payout schedule, by the payout method the creator has given, and each settlement is recorded against the posts it covered.

5.3Creators are paid as independent contractors and are responsible for their own taxes. A creator whose earnings reach $600 in a calendar year needs a completed W-9 on file with JMG before the payout that crosses that line is released, and JMG reports those earnings on a Form 1099-NEC.

6.Cancellations

6.1A booking may be cancelled at any time before the content is delivered to the creator. Anything already paid on a cancelled booking is refunded or credited to the account.

6.2Once content has been delivered for a slot, the slot is committed and the booking can no longer be cancelled.

7.Content standards

7.1The advertiser warrants that it holds all rights needed to run the content it submits, and that the content is accurate and lawful.

7.2JMG may decline content it judges unsuited to the network or to a particular outlet. Declined bookings are refunded in full.

8.The WhatsApp platform

8.1Listings run on WhatsApp, which is owned and run by a third party, not by JMG. What that platform does with its rules, its features, or any account on it can affect a listing, and none of it is JMG's to control.

8.2Creators post from the WhatsApp Business App, which WhatsApp authorizes for business use. Each creator warrants that their outlet is run in line with WhatsApp's own terms.

9.No guarantee of business results

JMG delivers listings as booked and records each creator's confirmation that they posted. JMG does not promise calls, sales, or any other business outcome, and nobody at JMG or on the network is authorized to promise one.

10.Limitation of liability

JMG's total liability arising from any booking is limited to the amount paid for that booking. JMG is not liable for indirect or consequential damages, including lost profits.

11.Disputes and governing law

11.1The parties will first work toward a good-faith resolution directly.

11.2A dispute that is not resolved that way will be brought before [name the Beis Din here], and both parties accept its decision as binding on them. Neither party will take the dispute to a civil court, except to enforce a decision that Beis Din has already given.

11.3These terms are governed by the laws of [name the state here], and any court proceeding permitted under 11.2 belongs to the courts of [name the county and state here].

12.Changes to these terms

JMG may revise these terms. Material changes are announced to account holders before they take effect, and continued use of the platform after the effective date is acceptance of the revised terms.

This draft is a starting point for JMG's counsel, not final legal language. Anything in square brackets is a decision for JMG to make and for counsel to confirm.