This Service Terms Agreement (the “Agreement”) establishes the terms and conditions under which you (the “Client”) have engaged Stir Communications Group Inc (DBA Social Marketer) to perform specific Services as detailed herein. This constitutes a legally binding agreement between you and Social Marketer. By becoming a Social Marketer Client, you consent to be legally bound by the terms and conditions set forth in this Agreement. The “Effective Date” of this Agreement will be the date on which you submit your order for Services to Social Marketer.
SERVICES
1. Social Marketer will provide Services to the Client as described on the Social Marketer website (www.socialmarketer.com). This agreement takes precedence over all others and is presented to you upon sign-up for your acceptance and agreement. It is your responsibility to thoroughly read these terms to fully comprehend what you are agreeing to.
1.1 Due to working with third-party platforms like Facebook, Instagram, Twitter, Google My Business, Pinterest, and LinkedIn, we cannot always control issues such as disconnections or password changes. If you change your password, you must immediately inform Social Marketer to prevent service disruption. It is advisable to check your accounts and our work at least once a week and provide us with direction and feedback. In case of a disconnect or inability to access the account for posting, the client agrees not to hold Social Marketer liable. As long as we continue creating content for your business, we are fulfilling our service as described. If we lack access to any platforms, we can compensate for any missed posts by posting twice a day until the accumulated missed posts are made up. Missed posts due to lockouts not caused by Social Marketer are not grounds for a refund. Continue reading for information on our cancellation and refund policies.
SOCIAL MARKETER OBLIGATIONS
2.1 Social Marketer will deliver Services to the Client following Social Marketer’s standard policies and procedures. Social Marketer reserves the right to decline Clients for any reason, at Social Marketer’s sole discretion. Social Marketer will be accountable for all aspects of providing the Services.
2.2 All Social Marketer rules, policies, and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and Social Marketer may alter its rules, policies, and operating procedures from time to time at its sole discretion. This includes pricing, package inclusions, and more. You may be grandfathered into an archived product if we can still offer it, but that is at Social Marketer’s sole discretion.
3. SERVICE DESCRIPTIONS, FEES AND PAYMENT
3.1 All charges for Services rendered to the Client must be fully paid in advance. A valid credit card for monthly payment of fees should be securely kept on file to cover monthly recurring service charges. All fees are listed in US Dollars.
3.2 The initial payment for the service must be made before the service is provided. Subsequently, Social Marketer will attempt to charge the Client’s credit card on the monthly anniversary of the first service order. If payment is not received by the due date, Services will be suspended until full payment is made. Service suspension due to non-payment does not lead to fee proration.
3.3 Except in cases of material breach of this agreement by Social Marketer, refunds for any fees will not be issued beyond the 14-day money-back guarantee, which only applies to your first order with Social Marketer. Refunds requested within the 14-day money-back guarantee will only be processed after all social media posts shared on your social media pages have been deleted. You also agree not to use any content created by Social Marketer for your business once the refund is processed. Fees owed to Social Marketer are not dependent on any specific marketing results. The Client is paying for time and work performed. Social Marketer offers credits for any genuine mistakes made on our side with supporting evidence.
3.4 Cancellation Policy – Cancel your account by contacting us via email. We do not issue prorated refunds for cancellations received early in a billing period, but we will complete the month(s) if requested (this includes multi-month plans where the client has received a discount, however, we will require the discounted price to be voided and the difference paid before continuing the service).
3.5 If work continues on a past-due client who did not cancel, accrued back-payments will be due, but we do not charge interest. We pledge to maintain accurate records of all communication and work performed to justify the back-payment due.
3.6 Our Services officially commence the day you sign up and we begin the onboarding process, not when we first post. There is no setup fee for this reason. This setup work and onboarding fee are included in the monthly payment. If onboarding extends beyond seven business days due to Social Marketer’s delay, we will adjust your billing date to ensure a full month of service once you are onboarded with at least one profile.
3.7 This Agreement supersedes and replaces all other agreements between the Parties concerning the same subject matter, including any agreements, directions, or claims made by Social Marketer’s employees unless a formal variance is confirmed and agreed upon by the client and executive-level management at Social Marketer.
3.8 Posting to Multiple Platforms and Missed Posts – If your social media pages become disconnected from our posting software, you will be automatically notified to reconnect your profiles. If you fail to reconnect your profiles, it is your responsibility, and Social Marketer will not be held liable or issue any credit or partial refunds. However, we will reschedule the posts as soon as you reconnect your pages. We recommend that our clients check their social media accounts twice a week to not only review content and provide feedback but also to notify us of any disconnects so we can promptly reconnect. For this reason, if Social Marketer is creating social media posts and sending them to the client for review in any format, then we are fulfilling our contractual obligation as laid out in our terms and conditions.
3.9 Quality of Posting – Social media management is a highly personalized service; what some clients like, others may not. If you wish to review social media posts and have them automatically shared to your social media profiles, you must approve all posts before they go online. If there are typos or posts sent on the wrong day (e.g., a New Year’s Day post sent on January 5th), it is usually caused by edits made that alter the date queue in our publishing software through your revisions. In such cases, we will provide a credit of 5% (essentially the cost of one post) based on your package level per post issue. We do not issue refunds for typos or posts sent on an incorrect date. Although we adhere to a “No typo policy”, you agree to accept credit for all incidents similar to the examples mentioned above.
3.10 Content Review and Approvals – All plans will continue to be fulfilled even when the client does not respond to or mark their content for approval. Unless the plan is canceled, Social Marketer will continue providing services. If a client fails to approve content for any period, they can simply start approving again whenever they are ready. The client agrees to one round of edits per week of plans.
3.11 You agree to regularly review your content panel and social media accounts. You commit to spending 10 minutes every other week to review all your social media accounts to ensure our posts meet your satisfaction and no platforms are missing posts. Social Marketer is not responsible for missed posts on any platforms (due to disconnects beyond our control, such as changed passwords or security lockouts) or editing/removing content posted over two weeks ago or longer.
3.12 Blog articles: After the first draft is completed, a maximum of two revisions are allowed, after which the delivered product will be considered final. All blog articles will be deemed final and approved after four weeks without feedback. Following this period, you agree that no revisions will be made.
3.13 White Label/Resellers – All terms and conditions within this agreement apply to any customer you, as a reseller, bring in. We recommend using ours as a template and having your clients sign a similar document. Resellers must pay for services in advance for their clients, and the reseller is solely responsible for collecting payment from their customer. If your customer does not pay you, we will not refund you for the rendered services. It is your responsibility as the client reseller to alert us as soon as possible for any customer of yours that is canceling. If you fail to alert us to the cancellation in the proper method as described in this agreement, and we continue to render services, you will be fully responsible for the payment of services rendered, and there is a no refund policy once a client has been onboarded. It is also the reseller’s responsibility to manage and facilitate client communication between your client and Social Marketer promptly. Delayed communications can cause many problems, and we will not refund for things like missed posts from disconnects (as you have the responsibility of reviewing the social content and connection as described in this agreement).
3.14 Disputes – We will vigorously fight, through legal means when necessary, if the client breaches our terms and conditions. Your account will then be turned over to debt collection, and we will report you to all three credit reference agencies.
3.15 Less Tech-Savvy Clients – Some clients may not be as experienced with computers, various software, or social media in general. Consequently, we spend a significant amount of time onboarding your account to provide our services. This process includes connecting, explaining, exchanging emails, and making phone calls, which all count as work on your account. If you decide to cancel after the 14-day money-back guarantee period, no refunds will be issued. However, you still have the option to continue and finish your month of service. Canceling due to frustration does not negate the amount of work and time we have dedicated to your business.
3.16 If you join as a White Label Reseller by creating your own Cloud Campaign account and cancel Cloud Campaign, we must pause your services immediately until we can onboard you onto our platform. If you cancel Cloud Campaign without notice and don’t wish to continue with your Social Marketer service, you forfeit the remainder of the month’s fees, and there will be no pro-rated refund. Please note that Social Marketer and Cloud Campaign are two separate companies, and if you wish to cancel both accounts, you will need to log in to each platform separately.
3.17 Business Structure and Client Communications by Phone: We are an online subscription social media service, not a full-service marketing agency. Our customer service is inbound, not outbound, meaning you have a responsibility to check your social media pages/Content Panel on all plans at least every week and provide feedback if needed.
To manage customer support costs, we use a booking system for calls. Before signing up, we offer a completely FREE 30-minute consultation call, which you can book here. This is your opportunity to learn more about our service and ask as many questions as needed before getting started. Once you are a customer, we also offer a FREE 15-minute onboarding call (Social Marketer SMM only). Again, this is your chance to ask any questions about how everything works once you’re inside. After your 15-minute onboarding call, all customer support is via email, as this is a low-cost monthly service. Our customer support team is ready to assist you via live email.
3.18 Make sure you understand our Phone Support Policy Here:
At Social Marketer, our goal is to deliver exceptional customer support. As a non-conventional agency, our competitive pricing is made possible by our primarily online, low-cost operating model. In the majority of instances, our online email support system can handle all issues, operating 9am to 5pm (Pacific time) Monday to Friday. Simply initiate a conversation with one of our team members via email here. We recognize that sometimes speaking with someone over the phone is more convenient, but our email support system enables us to swiftly and effectively address any concerns you might have. In a few rare cases, we might be able to provide a phone call as an extra support option. If you believe that a phone call would be the most effective way to resolve your issue, please inform us via email.
3.19 Geographic location:
If you, as a User, purchase any products or services from Stir Marketing it is assumed you will use the materials in the country of purchase and will be charged indirect taxes (e.g. VAT/GST/sales tax), as appropriate, in the county. If you chose to use the materials in other countries you, as the User, will be responsible for the payment of the appropriate taxes in that other country.
4. WARRANTY DISCLAIMERS
4.1 REFUND POLICY – Once payment is made and the 14-day money-back guarantee period has elapsed, no refunds are available. The terms and conditions outlined here clarify that due to the nature of working with third-party platforms, potential disconnections, clients not reviewing our work punctually, and being a month-to-month subscription service (rather than a full-service agency), refunds are not possible. If we fail to create at least one post per week, you agree to accept a credit equivalent to the value of that post.
4.2 – Social Marketer EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES PERTAINING TO OR RELATED TO THIS AGREEMENT, THE SERVICES OR ANY MATERIALS OR ASSISTANCE PROVIDED TO CLIENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, COURSE OF PERFORMANCE OR DEALING, TRADE PRACTICE, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
5. INDEMNITY
Client will indemnify and hold harmless Social Marketer and its customers, suppliers, directors, officers, agents, and employees from and against any and all losses, costs, damages, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or relating to any breach by Clients of any of the terms of this Agreement.
6.1 Social Media Account Suspensions, Loss of Access, or Deletion – Client will indemnify and hold harmless Social Marketer and its customers, suppliers, directors, officers, agents, and employees from and against any and all losses, costs, damages, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or relating to any issues with social media account suspensions, copyright issues, accidental loss of access or deletion, or any other issues concerning third-party platforms. Reasons for social media account suspension or disablement may include, but are not limited to, using bots or plug-ins that violate the social platforms’ TOS, creating a personal account as a business account, not verifying your account (for example, not verifying your Twitter or Instagram account with an email, and often adding a phone number that can receive texts to verify the account), personal accounts should display a real person’s profile picture, not a logo, and be treated like a person, not a business. That’s what business pages are for. As mentioned previously, it’s essential for you to log in to your content panel or social media accounts regularly (weekly is standard, but at least once a month) to ensure they remain active and avoid being flagged due to third-party sources posting to your accounts without the account owner ever logging in. This responsibility falls on you as the client. This clause also applies to a reseller’s client, as you have been asked to sign a similar contract.
6.2 Social Marketer utilizes images provided by the client or sources royalty-free images from various photography databases for marketing use when designing graphics for posts. We pay for many of these services. Regardless, Client will indemnify and hold harmless Social Marketer and its customers, suppliers, directors, officers, agents, and employees from and against any and all losses, costs, damages, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or relating to any issues with content posted to a client’s social media account that results in any claims of copyright infringement. Client agrees to assume full responsibility for the content posted to their accounts.
7. LIMITATION OF LIABILITY
Social Marketer SHALL NOT BE LIABLE TO CLIENT OR ANY ENTITY OR PERSON CLAIMING THROUGH OR UNDER CLIENT FOR ANY LOSS OF PROFIT OR INCOME OR OTHER INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, WHETHER IN AN ACTION FOR CONTRACT OR TORT, IN CONNECTION WITH THIS AGREEMENT, EVEN IFSocial Marketer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Social Marketer’S LIABILITY TO CLIENT HEREUNDER EXCEED THE AMOUNT PAID TO Social Marketer BY CLIENT FOR THE PREVIOUS ONE (1) MONTH OF SERVICES. THIS LIMIT IS CUMULATIVE AND THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THE LIMIT. CLIENT ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES AND IN THEIR ABSENCE THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
8. MISCELLANEOUS
This Agreement constitutes the entire understanding and agreement of the parties concerning the subject matter hereof. Social Marketer may amend this Agreement from time to time at its sole discretion, with the most current agreement always published here. An email sent to Client’s last known email address will be deemed sufficient notice of any such changes in this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties’ successors and permitted assigns; provided, however, that Client may not assign this Agreement, in whole or in part, without Social Marketer’s prior written consent, and any assignment by Client without such consent shall be null and void. This Agreement shall be governed by and interpreted following the laws of the province of British Columbia without regard to its rules regarding conflict of laws. Any litigation or dispute resolution related to this Agreement shall take place in Vancouver, British Columbia, and the parties hereby consent to the jurisdiction of the courts located therein. Except as otherwise expressly set forth herein, any notice required or permitted to be given under this Agreement shall be sufficient if in writing, in the English language, and sent via Canada Post, return receipt requested. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, that provision will be severed only to the extent minimally necessary, and the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.
9. CREDIT CARD DISPUTES
In the event of a credit card dispute, all credits, refunds, and account work comes to a halt until the dispute is resolved. Resolving a dispute can take one to three months, sometimes longer. Negotiating a fair compromise and credit will always be more favorable than filing a dispute in almost all cases. We are always happy to negotiate a favorable outcome for both parties.