Social Me Multimedia is a privately held partnership marketing agency that specializes in digital marketing, web development, advertising, design and content marketing services. Our agency was founded in 2009 and provides contract marketing, brand and consulting services.
Each client that retains our services is required to endorse a service contract, that outlines the delivery of the products, expertise and creative branding services we provide. Please review the terms conditions and limitations of our services and contact us if you have any questions or wish to review them with our support team.
Terms of Service
1. Definitions
1.1. The following terms and legal meanings are provided:
Client: The individual or business entity endorsing our service agreement and retaining our digital marketing services.
Contract: The agreement for services entered into between the Client and Social Me Multimedia.
Service(s): Including but not limited to website design, social media management, copywriting and content production, graphic production, UI development and advertising campaign development.
Fees: The remuneration agreed to upon endorsement of a service contract between the Client and Social Me Multimedia.
Our Agency: Social Me Multimedia management team and partners.
2. Fees
2.1 The Fees shall be as specified in the Contract. Social Me Multimedia may at any time, vary the Fees by giving the Client no less than 30 day’s notice in writing, of any increase or variation to the fees outlined in the initial contract.
2.2 Advertising spends for services such as Google Ad’s and other pay-per-click advertising may be changed by the client, by providing 30-day’s notice. Advertising management spends are limited to a minimum of $500.00 USD per month.
2.3 All quotations received from Social Me Multimedia on website design, digital marketing or advertising services are good for 30-days after receipt of the original written quotation.
2.4 All Fees are non-refundable. Should the Client wish to cancel the Service provided under the Contract, they are required to provide 30-day’s notice prior to cancellation. No part of the Fee is refundable to the Client.
2.5 If any part of the Fee has not been received within the period stated on the invoice, Social Me Multimedia may (without prejudice to any other remedies) suspend all Services until such a time as full payment is received. Social Me Multimedia is not obliged to extend the term of the Contract to amend lost Service time, while Client account activity was temporarily suspended.
2.6 If the Service Fees have not been received for website design services within five days of publishing a completed website, Social Me Multimedia reserves the right to place the website in maintenance mode, pending resolution of outstanding payment balance. At this time owner-access to the website may be revoked at the discretion of Social Me Multimedia.
2.7 If the Client negates to maintain website hosting fee payments, Social Me Multimedia reserves the right to port the website and contact into a folder, and provide the collateral to the website owner, and cancel the hosting contract. We will provide 30-day’s notice in writing, prior to removal from our server.
2.8 The Client shall be liable for any legal costs incurred by Social Me Multimedia required for the recovery of outstanding fees where legal intervention is required.
3. Length of Service
3.1 The Contract shall continue on a month-to-month basis, with a required 30-day notice in writing, prior to cancellation of the Contract. During this time Social Me Multimedia will ensure that all digital properties, access and required guidance are provided regarding websites, social media accounts, GSuite and other digital properties owned by the client.
3.2 Under exceptional conditions including misconduct, illegal activity, or abusive and unprofessional treatment of any member of Social Me Multimedia, Our Agency reserves the right to terminate service without notice. No refund of service fees will be provided. Non-disclosure agreements do not omit our legal and moral obligation to provide truthful evidence against a client, where illegal activities are being investigated.
3.3 The Client may at their discretion suspend services, after providing 30-days written notice prior to the forthcoming scheduled invoice date. A reactivation fee of $300 is required to resume service and initialize all contact points, data, website and development, advertising accounts and other collateral.
4. Client Obligations
The Client who has contracted our services shall:
4.1 Provide timely access to digital properties required for the execution of our services, included but not limited to social media network authorizations, website access, software automation dashboard, email marketing software and other proprietary software used by the organization, which will be implemented as part of our Services.
4.2 Preschedule meetings with Social Me Multimedia to review data, reports, and to discuss creative strategy, sales and marketing campaigns, advertising budget and other service essentials. Social Me Multimedia will schedule a meeting within 24 hours of receiving the request.
4.3 The Client will not solicit or offer employment opportunities to any member of Social Me Multimedia, or attempt to retain an individual on our team external to the Service contract provided by Our Agency for one year after termination of contract.
4.4 The Client will keep in strict confidence all technical or commercial methods used by Social Me Multimedia, including but not limited to marketing research, strategic development methods, and proprietary software used by our developers. This includes but is not limited to Client staff and subcontractors, web hosts and other contract or salaried service providers.
4.5 Social Me Multimedia agrees to provide a non-disclosure agreement to protect proprietary product, brand, administrative or strategic methods and information from disclosure to any third party.
4.6 The Client may not under any circumstance subcontract the digital marketing services and collateral provided by Social Me Multimedia to another business entity.
5. Limitation of Liability
5.1 The following provisions define the financial liability of Social Me Multimedia staff, partners and the management team of our organization, including without limitation any liability for the acts or omissions of its employees, agents or sub-contractors, interns or owners.
5.2 All warranties, conditions and other terms implied by statute or common law are to the fullest extent, permitted by law and excluded from any Client Contract. We do not warrantee or guarantee our services.
5.3 Social Me Multimedia shall not in any circumstance, be liable for negligence or breach of statutory duty, misrepresentation (innocent or negligent) loss of profits, depletion of goodwill, privacy or data breach, corruption of data or information, economic loss, costs, damages, charges or expenses relative to personal engagement or professional Contract services received by the client.
6. Waiver and Entire Agreement (Contract)
6.1 A waiver of any terms conditions and limitations is only effective if it is provided in writing by Social Me Multimedia as part of the service agreement and Contract and applies only to the party to whom the waiver is addressed and the specific circumstances for issuing the waiver.
6.2 Each of the parties acknowledges and agrees that in entering into the Contract, any verbal statement, representation (innocent or negligent) assurance or warranty (whether in writing or not) of any person (party to the Contract agreement) does not negate, invalidate or create exception to the Terms Conditions and Limitations set forth here and in the service Contract.
6.3 Nothing in the Terms Conditions and Limitations, or service Contract shall limit or exclude any liability for fraud, on behalf of Social Me Multimedia or the Client, where illegal methods or activities are involved.
6.4 Social Me Multimedia may at any time assign, transfer, sub-contract or add new service providers to deliver services outlined in the Contract, without prior notice to the Client. Written notice will be provided if the Client will be working with a new provider within the Agency.
7. Governing Law and Jurisdiction
7.1 The Contract and any disputes or claims arising out of or in connection with it, are governed by and construed in accordance with the law of the United States of America.
7.2 The Client irrevocably agrees that the courts of the United States have exclusive jurisdiction to settle any dispute or claim that arises out of any service Contract and delivery of digital marketing services, regardless of where the Client resides.