This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions on which you (the “Client”) has engaged 98 Buck Social to perform certain Services as outlined herein. This is a legally binding agreement between you and 98 Buck Social. By becoming a 98 Buck Social Client, you agree to be legally bound by the terms and conditions set forth in this Agreement. The “Effective Date” of this Agreement shall be the date on which you submit your order for Services to 98 Buck Social.
98 Buck Social will provide the Services to Client as outlined on the 98 Buck Social website (www.98bucksocial.com).
1.1 Due to the nature of working with third party platforms like Facebook, Instagram, Twitter, and LinkedIn, sometimes we have no control over issues that may occur such as disconnections or password changes. If you change your password, you are asked to report the change to 98 Buck Social immediately as not to interrupt your service. It is good practice to check your accounts and our work at least once a week, also to provide us direction and feedback. In the case of a disconnect, or inability for us to access the account to post, client agrees to not hold 98 Buck Social liable. As long as we have access to one platform and are posting according to schedule, we are fulfilling our service as described. If we have access to no platforms, we will make up any missed posts by posting two times a day until the accrued missed posts have been made up. Missed posts due to lock out by no fault of 98 Buck Social is not grounds for a refund.
2. 98 BUCK SOCIAL OBLIGATIONS
2.1 98 Buck Social will provide Services to Client in accordance with 98 Buck Social`s standard policies and procedures. 98 Buck Social reserves the right to reject Clients for any other reason, in 98 Buck Social`s sole discretion. 98 Buck Social will be responsible for all aspects of providing the Services.
2.2 All 98 Buck Social rules, policies and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and 98 Buck Social may change its rules, policies and operating procedures from time to time in its sole discretion.
3. SERVICE DESCRIPTIONS, FEES AND PAYMENT
3.1 All fees for Services provided to Client are due and payable in full, in advance of provision of Services. A valid credit card for monthly payment of fees shall remain securely on file to cover monthly recurring charges for service.
3.2 Initial charges for service will be paid in advance of service. Thereafter, 98 Buck Social will attempt to charge Client’s credit card on the monthly anniversary date of the client first ordering services. Charges not paid by the due date for any reason will result in a suspension of Services until full payment is received. Suspension of Services for non-payment will not result in a proration of fees.
3.3 Except in the case of a material breach of this agreement by 98 Buck Social, 98 Buck Social does not issue refunds of any fees for any reason. Fees due to 98 Buck Social are not contingent upon any form of marketing results. Client is paying for time and work performed.
3.4 Cancellations are required in writing by email to our billing department (firstname.lastname@example.org) by client’s next billing date. Cancellations need to be processed and confirmed by our billing department. Cancel requests sent to employees outside of the billing department are not guaranteed. We do not issue prorated refunds for cancellations received early in a billing period, but we will finish out the month(s) if requested (this includes multi-month plans where the client has received a discount).
3.5 Continuation of work on a client that is passed due who did not cancel will result in accrued backpayments due, but we do not charge interest. We promise to keep accurate records of all communication and work performed to justify the backpayment due.
3.6 Our Services officially start the day you sign up and we begin the on-boarding process, not when we first post. We do not charge a setup fee for this very reason. This setup work and on-boarding fee is included in the monthly payment.
3.7 This Agreement will supersede and replace all other agreements between the Parties of the same subject matter, including any agreements, directions, or claims made by 98 Buck Social employees, unless a formal variance is confirmed and agreed to by the client and executive level management at 98 Buck Social LLC
3.8 Posting to Multiple Platforms – Many of our packages include posting to multiple platforms through a platform technology. In social media marketing practices, it is common for accounts to get disconnected for multiple reasons out of our control. Our pricing model is based on posts going out on a minimum of one channel, whereas all additional platforms are considered free additions (For example, if a client wants Facebook alone, it does not reduce our $98 package pricing because the client it not utilizing LinkedIn or Twitter). We request our clients check their social media accounts once a week not just to review content and provide feedback, but to also alert of us any possible disconnects so we can promptly reconnect. For this reason, if 98 BUCK SOCIAL is posting to at least 1 social media channel we are fulfilling our contractual obligation as laid out in our terms and conditions. There will be no refunds in the event of additional channels receiving no posts for any period of time.
3.9 Level 2 and above packages that include content review, or plans, will continue to operate as normal, even in the event that the client does not respond to the content we send and mark for approval. We will keep sending content weekly until the plan is cancelled. In the event of this, our policy is to pause billing while the backlogged plans that were already created get approved and posted to the client’s account. At this time, the client can either cancel or resume normal billing. Client agrees to one round of edits per week of plans.
3.10 98 Buck SEO Services has additional terms and conditions that can be found here: www.98bucksocial.com/seo-tc
3.11 Video and Photography Work – Once first draft of photos or video is created and delivered to client, there are no refunds for any reason. We will work with you on getting these creative works to where you are happy with accepting delivery (within our service description provided on our website), but once the work is done on the initial draft provided to client, we can not provide refunds. This is not a “don’t pay unless you like it” service.
4. WARRANTY DISCLAIMERS
98 BUCK SOCIAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING 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.
Client will indemnify and hold harmless 98 Buck Social 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.
5.1 Social Media Account Suspensions, Loss of Access, or Deletion – Client will indemnify and hold harmless 98 Buck Social 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, accidental loss of access or deletion, or any other issues with regards to third-party platforms.
6. LIMITATION OF LIABILITY
98 BUCK SOCIAL 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 IF 98 BUCK SOCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 98 BUCK SOCIAL`S LIABILITY TO CLIENT HEREUNDER EXCEED THE AMOUNT PAID TO 98 Buck Social 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.
This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof. This Agreement may be amended from time to time in 98 Buck Social’s sole discretion. An email communication 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 98 Buck Social`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 in accordance with the laws of the state of Florida without regard to its rules pertaining to conflict of laws. Any litigation or dispute resolution related to this Agreement shall take place in Palm Beach County, Florida, and the parties hereby consent to the jurisdiction of the state and federal 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 U.S. Certified Mail, 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.
Updated February 27, 2020