The Auerbach Global-Impact Foundation (the AGIF)
Social Media Terms & Conditions
This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions by which you (the “Client”) have engaged the AGIF to perform certain Services as outlined herein. This is a legally binding agreement between you and the AGIF. By becoming an AGIF 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 the AGIF.
1. SERVICES
The AGIF will provide the Services to Client as outlined on the AGIF website https://theagif.org/social_media). This agreement supersedes all agreements, and is shown to you when you sign up, and again with our onboarding survey in which you are again shown our T&Cs for you to sign and agree to. It is your responsibility to read through these terms in full, so you completely understand what you are agreeing to.
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 the AGIF immediately as not to interrupt your service. It is good practice to check your accounts and our work at least once a week, and also to provide us direction and feedback. In the case of a disconnect or our inability to access the account to post, the Client agrees to not hold the AGIF liable. As long as we have access to one platform and are posting according to schedule (five days per week), we are fulfilling our service as described. If we have access to no platforms, we have the availability to 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 the AGIF is not grounds for a refund. Keep reading for information on our cancellation and refund policies.
2. AGIF OBLIGATIONS
2.1 The AGIF will provide Services to the Client in accordance with the AGIF`s standard policies and procedures. The AGIF reserves the right to reject Clients for any other reason in the AGIF`s sole discretion. The AGIF will be responsible for all aspects of providing the Services.
2.2 All AGIF rules, policies and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and The AGIF may change its rules, policies and operating procedures from time to time in its sole discretion. This includes pricing, package inclusions, and more. You may be grandfathered into an archived product if we still can offer it, but that is at the AGIF’s sole discretion.
3. SERVICE DESCRIPTIONS, FEES AND PAYMENT
3.1 All fees for Services provided to Client are due and payable in full and before 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, the AGIF will attempt to charge the 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 the AGIF, the AGIF does not issue refunds of any fees for any reason. Fees due to the AGIF are not contingent upon any form of marketing results. Client is paying for time and work performed. The AGIF offers credits for any true mistakes made on our side with evidence to support it.
3.4 Cancellation Policy – Cancellations are required at least seven days before a client’s next billing date by submitting a cancellation email to support@theagif.org. 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, however we will require the discounted price to be voided and to be paid the difference before we continue the service).
3.5 Continuation of work for a client who is past due and who did not cancel will result in accrued back-payments due, but we do not charge interest. We promise to keep accurate records of all communication and work performed to justify the back-payment 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. If onboarding goes beyond four business days because of the AGIF’s delay or the client’s NOT getting us what we need promptly (we have another clause for this), we will move your billing date to ensure you get a full month of service once you are onboarded with at least one profile.
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 the AGIF employees, unless a formal variance is confirmed and agreed to by the client and executive level management at the AGIF. This includes the President and the Executive Director of the AGIF.
3.8 Posting to Multiple Platforms and Missed Posts – 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 package pricing because the client chooses not to select LinkedIn or Twitter).
We request our clients to check their social media accounts twice 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 the AGIF is posting to at least one social media channel, we are fulfilling our contractual obligation as laid out in these terms and conditions. We realize this can be frustrating, so in the event of missed posts for any one of your profiles, we agree to give you credit in the form of pushing back your billing date by a proportionate value of days reflecting missed-post volume (up to a maximum of two weeks). This ensures you get a full month of service in its entirety in this unfortunate event. There will be no refunds in the event of additional profiles receiving no posts for any period of time because of this agreed-upon credit.
3.9 Quality of Posting – Social media is a very personalized service; what some clients like, others do not. If you want training to ramp up faster, Tier 2 or above will allow you to review the posts in advance so nothing goes out without approval. If these items are very important to you, Tier 2 or higher is more appropriate and will avoid any issues. For Tier 1 packages, you pretty much get what you get; there is no review. If there are typos or posts going out on the wrong day (i.e., a Christmas Day post going out on December 28th), this is typically caused by clients making edits and our changing the date queue in our publishing software due to your revisions. In this event, we will provide a credit of 5% (basically the cost of one post) based on your package level per post. We do not refund for typos or posts going out on a date that was meant for another. Even though we do follow a “No typo policy” and our social media managers are penalized, you agree to accept a credit for all incidents such as the examples mentioned above.
3.10 Tier 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 this event, our policy is to pause billing while you approve the backlogged plans that were already created and then get posted to your account. At this time, the Client can either cancel or resume normal billing. For Tier 2 and above, the Client agrees to one round of edits per week of plans.
3.11 You agree to review your social media accounts regularly. You agree to spend 10 minutes every other week to review all of your social media accounts to ensure that our posts meet your satisfaction and that no platforms are missing posts. The AGIF is not responsible for posts missed on any platforms (due to disconnects out of our control such as changed passwords or security lock outs) or editing/removing content that has been posted over two weeks ago or longer. If you do not engage Tier 2 or content review, we will not edit any previous posts but we will take them down (up to two weeks) if you choose not to do it yourself.
3.12 Facebook and Instagram Advertising – Similar to our content plans, advertising clients assume full responsibility for monitoring their ad spend on a bi-weekly basis (there is an app on your phone for this, just ask). You agree to not hold the AGIF liable for any ad spend paid to Facebook Inc. beyond a two-week period. Please be aware that social advertising is a “top heavy” service. This means that a lot of work and resources are invested before a campaign ever even goes live. This includes competitor analysis, audit of your website and Facebook page, target audience development, creative development, and much more (easily 30-40 hours of work). This can cause a campaign to go live in the second billing period where we move into the optimization phase.
During the optimization phase we work to find the best performing ad sets, widen or constrict the target audience, interpret the analytics, and possibly even start an entirely new ad set. In the event of a client cancellation and when the ad campaign continues to run or is not paused by request during our paid retainer period, the AGIF cannot be responsible for advertising expenditures after a client relationship has terminated or beyond the two-week monitoring period. This is good business practice to monitor ad spending, especially if you’re staying on top of your bookkeeping. The AGIF fees are not contingent upon campaign results. There are no refunds for campaigns where clients do not take full advantage of all services included in a purchased package.
Delays caused by Facebook’s ad rejections that last longer than seven days will result in a credit corresponding to the delay in campaign start date in the form of a credit to move back your billing date. This is the only situation where an ad date will be moved back. There are no refunds whatsoever, even if none of your ads is approved by Facebook or if they disable your ad account.
3.14 A seven-day money back guarantee only applies to Tier 1, and the timer starts at time of payment.
3.15 Disputes – We have signed agreements with all of our customers. We will fight vigorously if the client breaches the contract. Your account will then be turned over to Collections and we report to all three credit bureaus.
3.16 Less Tech-Savvy Clients – Some of our clients are just not experienced using computers, or various software, or even just social media in general. For this reason, we spend extensive time getting your account onboarded so we can provide the service. This connecting, explaining, back-and-forth emailing and phone calls, all constitutes work on your account. All team members track their time with a specialized software; if we spent longer than 30 minutes working to onboard your account, there will be no full refund if you decide to cancel. You still of course have the option to continue and finish your month of service. But simply giving up because you’re frustrated does not erase the amount of work and time we have spent on your business. You agree to a 50% partial refund.
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, we do not “check in” in our Tier 2-4). You have a responsibility to check your social media at all levels at least every two weeks and provide feedback if needed. All phone calls must be scheduled and the responsibility of scheduling calls proactively lies with your Social Media Manager.
The only free phone call is your free initial consultation. Use that free consult to ask as many questions as you like before you sign up. Once you sign up as a client, Tiers 2-4 include online support ONLY.
3.18 – Please make sure you understand our broader terms and conditions found here: https://www.theagif.org/about/terms and our privacy terms found here: https://theagif.org/about/privacy
4. WARRANTY DISCLAIMERS
5. Refund policy – Once you have paid and filled out an onboarding survey, there are no full refunds because the back-end work has already begun. If you want to cancel before submitting a survey, you agree to a 50% partial refund. Throughout this contract, it is explained that due to the nature of
working on third party platforms,
disconnections,
clients not checking our work on time,
the fact our subscriptions are month-to-month (we not a full-service agency), and
you are only committing to each month,
we absolutely give no refunds. In the event that we didn’t deliver at least one post on a weekday, you agree to accept a credit in the amount of the value of that post. So, for example, on Tier 3 which is $248, the credit value for a day where we didn’t post on at least one platform is $9 based on a month with 22 posting days. This policy applies up to two weeks, since you agree to check your social accounts bi-weekly.
The AGIF 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.
6. INDEMNITY
The Client will indemnify and hold harmless the AGIF 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.
7. SUSPENSIONS, DELETIONS, ETC.
7.1 Social Media Account Suspensions, Loss of Access, or Deletion – The Client will indemnify and hold harmless the AGIF and its customers, suppliers, directors, officers, agents, contractors 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.
Reasons you may experience a social media account suspension or disablement include, but are not limited to, the use of bots or plug-ins that don’t abide by the social platforms’ terms of service; creating a personal account as a business account; and 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 have the profile picture of a real person, not a logo, and be treated like a person, not a business. That’s what business pages are for.
As mentioned above, it’s required for you to login to your social media accounts regularly (every two weeks is standard, but at least once a month) to ensure they stay active and don’t get flagged from sources posting to your accounts all the time without the account owner ever logging in. This is an important responsibility of yours as the client.
7.2 The AGIF uses only content provided by the client or one of several photography databases that offer royalty-free images for marketing use. We pay for many of these services. Regardless, the Client will indemnify and hold harmless the AGIF and its customers, suppliers, directors, officers, contractors, 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. All clients agree to assume full responsibility for the content posted to their accounts.
8. LIMITATION OF LIABILITY
The AGIF SHALL NOT BE LIABLE TO A 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 THE AGIF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGIF’s LIABILITY TO CLIENT HEREUNDER EXCEED THE AMOUNT PAID TO THE AGIF BY THE 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.
9. MISCELLANEOUS
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 the AGIF’s sole discretion, and the most current agreement will always be published here. An email communication sent to the 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 the AGIF`s prior written consent and any assignment by the 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 California without regard to its rules pertaining to conflict of laws. Any dispute resolution related to this Agreement shall be by binding arbitration, with an arbitrator agreeable to both sides, and take place in Alameda, California, and the parties hereby consent to the jurisdiction 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.
9.1 In the event of a credit card dispute, all credits, refunds, and account work shall come to a halt until the dispute is resolved. Resolving a dispute can take one to three months, sometimes longer because of COVID. 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.
