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Social Media Marketing and Management Terms Of Service

Quality Service Is Our Priority

OVERVIEW

These terms of service are deemed to form part of any agreement of service between SocMedNow Digital Marketing referred to as “Agency” and the paying customer referred to as “Client”.

It is agreed by and between the Client and the Agency as follows:

ACCEPTANCE

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

AGENCY APPOINTMENT

The Client hereby appoints the Client to handle all digital asset marketing and management and related work on services that the Client paid for.

SCOPE OF SERVICES:

  • Social Media Marketing & Management
    • Agency will request from Client access to their existing Website.
    • If Client does not have a Website, under Premium Plan or as an Ala Carte Service, Agency will help in creating a Website profile, in which Client will retain ownership of.
    • Client must provide necessary information if creating a new Website
    • Client will retain full ownership of their Website and the Agency will act in a ‘management’ position.
    • Agency will maintain the Website using best practices based on the current trends, algorithms, and ‘industry standard’ practices to optimize the Website for Client. This includes, but is not limited to:
      • Facebook Management
      • Influencer Marketing
      • Content Creation
      • Content Curation
      • Content Scheduling
      • Popular Content
      • Report Analysis
      • Scorecard Marketing
      • Social Monitoring
      • Funnel Marketing
      • Sales & Marketing Automation
      • Conversation Automation
      • Funnel Set Up
      • Additional updates as needed when reviewing and investigating Social Accounts
    • Agency retains rights to deny service requests if requests are deemed illegal, not in the best interest of the Agency, not in the best interest of Client, or excessive in nature.
  • Performance
    • In no event will the Agency be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability of website usage.
  • Warranties
    • Agency represents and warrants to Client that it has the experience and ability to perform services required by this Agreement; that it will perform said services in a professional and competent manner: that it has the power to enter into and perform this agreement.
  • Independent Contractor
    • Client acknowledges that the services rendered by the Agency under this Agreement shall be solely as an independent contractor. It is expressly understood that this undertaking is not a joint venture.
  • Confidentiality
    • Agency recognizes and acknowledges that this Agreement creates a confidential relationship between Agency and Client and that information concerning Client’s business affairs, Clients, vendors, finances, properties, methods of operations, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. All such information concerning Client is hereinafter collectively referred to as “Confidential Information”.
  • Non-Disclosure
    • Agency agrees that, except as directed by Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever and that upon the termination of this Agreement it will turn over to Client all documents, papers, and other matter in its possession or control that relate to Client.
  • Compensation And Term
    • This agreement is deemed to commence from the date of the first invoice for service and shall remain in force for 1 calendar month. The agreement will be renewed thereafter every month unless canceled by either party in advance.
    • Monthly prices are subject to change, following a 3-month announcement of such price adjustments.
  • Payments
    • The Client must pay via debit or credit card to be auto-withdrawn monthly.
    • Agency will not begin work on Website Global SEO until the first payment is received.
    • If Client misses a payment or their card has insufficient funds, a notice will be sent from Agency to Client. If Agency does not receive Client’s payment within 15 days, Agency reserves the right to revoke and disable any on-going Website optimizations and services until payment is made in full.
  • Outstanding Invoices
    • If Client has any outstanding invoices for services performed outside of the scope of their rental services, payment will be automatically withdrawn from their credit or debit card on file, at the time of their next monthly payment.
  • Pausing Services
    • You may pause services at any time. During paused services, your Website will remain in its existing state when the pause request was made. Ongoing optimization services will be paused, however, no content will be changed, removed, or added, unless requested by Client. This pause request can be made by email to edwin@socmednow.com
    • You may reinstate services for no charge during the remainder of your current paid month.
    • After the remainder of the current paid month expires, paused services will be marked as terminated services.
  • Termination
    • Clients may terminate the agreement at any time by notifying the Agency in writing. Termination submitted by email meets this requirement.
    • All on-going Website optimizations and services will be ended and removed at the end of the current paid term, unless requested sooner by Client.
  • Laws Affecting Electronic Commerce
    • From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend the Agency from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet electronic commerce.
    • If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions
    • The Client and the Agency shall comply with all statutory regulations. This agreement will be subject to the laws of the Republic of the Philippines..

OWNERSHIP:

  • Client retains ownership of the Website throughout the process.
  • Agency will not gain or retain any ownership stake in Client’s Website.

COPYRIGHTS:

Client guarantees that any elements of text, graphics, photography, trademarks or other artwork provided by Client are owned by Client, or that Client retains permission to use them. Client will hold Agency harmless against any and all claims, losses or costs (including court costs and reasonable attorney fee), arising out of or resulting from the use of unlicensed text, artwork and photography.

SEARCH ENGINE OPTIMIZATION (SEO):

Although best practices and standards will be implemented in the Website management and latest in SEO guidelines and standards, the Agency can legally and ethically make no guarantee or promise of specific results or rank on search engines.

OTHER LEGAL STUFF:

Agency can’t guarantee that the functions contained in any web page templates or in the completed website will remain error-free forever. Agency is not liable to Client or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if Client has advised Agency the possibilities of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The contract cannot be transferred to anyone other than Client without the permission of Agency

CONSEQUENTIAL DAMAGES:

To the maximum extent permitted by applicable law, in no event shall either party or its subsidiaries or affiliates be liable to the other party for any incidental, consequential, indirect, special, or punitive damages (including, but not limited to, lost profits (except on Agency fees for services), business interruption, loss of business information or other pecuniary loss, and including any of such alleged to result from such party’s exercise of its rights under this agreement) regardless of whether such liability is based on breach of contract, tort (including negligence), strict liability, breach of warranties, failure of essential purpose or otherwise and even if advised of the possibility of such damages. The parties understand and agree that the exclusions and limitations of liability set forth in this section represent the parties’ agreement as to allocation of risk between them in connection with their respective obligations under this agreement. The fees payable to the Agency reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability.

THIRD PARTY RIGHTS:

Agency represents, warrants and covenants to Client that, (a) Agency contribution to the Design Services constitute wholly original work; and (b) to the best of Agency knowledge, Agency contributions to the Design Work do not violate, infringe upon or misappropriate any third party rights. Notwithstanding the foregoing, Agency has not conducted any trademark clearance and makes no representation as to the availability of any element of the Design Work for Agency use as a trademark or service mark. Client shall be solely responsible for conducting any and all trademark clearance in connection with any element of the Design Work.

INDEMNIFICATION:

Each party will defend, indemnify, and hold the other party, its affiliates and each of their respective officers, employees, affiliates and agents harmless from and against all third party claims, suits, judgments, losses, damages, fines or costs (including reasonable outside attorney’s fees and expenses) related to or arising out of such party’s gross negligence, willful misconduct or material breach of this Agreement. The parties’ obligations under this paragraph will survive the expiration and/or termination of this Agreement.

TIMELINES:

Constant communication and follow up feedback via phone, in person, or email between Agency and Client is necessary to complete assignments on a timely basis and is a huge factor in the estimated timeline.