MADSynergy LLC Social Media Management Subscription Services Terms Of Agreement
Effective: The “Effective Date” of this Agreement/Contract is the date that the Client signed up for MADSynergy’s Social Media Management Subscription Services, hereafter known as “subscription service” or “social media management plan/s” through any of MADSynergy’s online registration, provisioning, or order process.
MADSynergy LLC Contact Information:
Phone#: 808-744-9470 Email: firstname.lastname@example.org
Address: PO Box 1205, Kaneohe, HI 96744
These Terms of Subscription Service (“Agreement”) are entered into by and between the entity or person placing an order for the Subscription Service (as defined below) hereafter referred to as the “Client” and MADSynergy LLC, service provider, hereafter referred to as MADSynergy.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement in which case the term “Client” shall refer to such entity. If you do not have such authority, or if you do not agree to the terms of this Agreement, do not accept this Agreement or use the Subscription Services.
Client also understands that checking the box for this agreement constitutes accepting this agreement and signing this document.
This Agreement permits the Client to purchase a subscription to Subscription Services and related services from MADSynergy and sets forth the terms and conditions under which those Subscription Services and services will be delivered.
Each party expressly agrees that this is a legally binding Agreement/Contract.
a) Subscription Services means the basic levels of social media management services provided by MADsynergy (whose services are provided on a continuous basis for which the client is charged on a recurring basis) and related services as described in the Scope of Work (SOW).
b) Client Content means any visual elements, images, text, or other content provided by Client to be posted on the chosen social media platforms.
c) “Laws” means all applicable local, state, federal and international laws, regulations and conventions, including, without limitation, those related to data privacy and data transfer, international communications, and the exportation of technical or personal data.
d) “Subscription Order Term” means the subscription term for the chosen plan which will be until client initiates a cancellation. Order Term will commence on the date that MADSynergy electronically confirms Client’s order to the applicable Subscription Service or the date when client signs up for the service.
e) “Professional Services” means professional services provided by MADSynergy under this Agreement.
f) “Scope of Work” or “SOW” means scope of work for Professional Services executed by both parties describing the work to be performed, fees, and any applicable milestones, assumptions, and other technical specifications or related information.
g) “Third Party Platform” means a third party platform, website, or service (such as Facebook or Twitter) with which Client Data may be shared or from which the Subscription Services enable collection of Third Party Data.
2. MADSynergy Subscription Services
Overview – MADSynergy offers social media management subscription services, all under Social Media Management Basic Plans called Build Presence Plans that are distinguished by the number of social media pages managed by MADSynergy on behalf of the client.
A. The Social Media Management Subscription Service Plans and their corresponding costs are as follows:
- Build Presence Plan 1 – social media management for 1 social media profile. Cost – $245/month.
- Build Presence Plan 2 – social media management for 2 social media profiles. Cost – $395/month.
- Build Presence Plan 3 – social media management for 3 social media profiles. Cost – $545/month.
- Build Presence Plan 3 – social media management for 3 social media profiles. Cost – $695/month.
- Build Presence Plan 3 – social media management for 3 social media profiles. Cost – $845/month.
Social Media Page Choices: Facbook, Twitter, Instagram, Pinterest, Google+
Mode of Payment: Client will choose one of the plans above when signing up on the MADSynergy website and make the first payment at sign up to initiate subscription. Thereafter, client will be charged the same amount on the same date on the following months on a recurring basis, until client cancels per the cancellation terms. The cost is an all-inclusive flat service fee charged by MADSynergy.
B. The clients is also encouraged to sign up for Facebook advertising in order to boost likes. The cost of Facebook advertising includes the Facebook advertisement management fee as described on the website.
3. MADSynergy Social Media Management Subscription Services Scope Of Work
The following are the Social Media Management Basic Plans Offered & What Each Plan Offers:
- Build Presence Plan 1 – social media management for 1 social media profile from MADSynergy’s list.
- Build Presence Plan 2 – social media management for 2 social media profiles from MADSynergy’s list.
- Build Presence Plan 3 – social media management for 3 social media profiles from MADSynergy’s list.
- Build Presence Plan 4 – social media management for 4 social media profiles from MADSynergy’s list.
- Build Presence Plan 5 – social media management for 5 social media profiles from MADSynergy’s list.
The following are the services provided to clients that sign up for MADSynergy’s Social Media Management Service Basic Plans or Build Presence Plans:
We’ll create and setup your Social Media Business Pages for optimal results.
Post Content Daily
We will post carefully curated content to your Social Media Pages once a day, Monday through Sunday. Posts will include information related to the client’s business and information emailed to MADSynergy and requested for posting by the client as per the schedule described in Client Obligations (4). Make 5 posts to Pinterest daily.
Engage With Followers
We engage with your followers by responding to comments that need attention in order to help build relationships.
We will monitor your pages for any spam and/or abuse and take the appropriate action to protect your business.
Phone & E-mail Support
Monday to Friday, 10am – 7pm Hawaii Time
4. Client Obligations
- Client is expected to provide accurate information about it’s business. Client warrants that any material sent to MADSynergy for use in the management of their social media pages do not violate any Laws or any intellectual property, copyright laws, publicity, privacy, or other rights of any third party.
- MADSynergy will send a single reminder email to the client every week asking for any information or materials that they would like posted to their social media pages the following week and it is the client’s responsibility to respond to this email in a timely manner to avoid any delays or non-fulfillment of related requests. The client will not hold MADSynergy responsible for any information that the client or their representatives fail to send to MADSynergy in a timely manner for posting to their social media pages.
- All information that client wants posted to their social media page/s on any day of the new work week starting on Monday, needs to be emailed to MADSynergy by or before the Thursday before the start of the new week, i.e. three days before Monday. If any information comes in after Thursday, there is a good chance that it may not get posted, so please follow this timeline.
- MADSynergy is providing an affordable service to the client at a minimal cost and client should not expect anything beyond the scope of work described here.
- Client understands the scope of services provided within the basic social media management subscription plans. And that this is a social media page management service and not a strategic plan towards any other goal outside the scope of management of the social media page. Client also understands that social media management means creating the client’s social media pages, posting daily, replying to customers comments and watching for any negative comments etc.
- The Client is encouraged to sign up for a customized plan with more services added on if they think that what’s provided within these basic plans and scope is insufficient for their business goals. Additional services will include customized and strategic social media marketing/digital marketing services, analytics etc.
- MADSynergy shall have no responsibility for errors in transmission, unauthorized third-party access, or other causes beyond MADSynergy’s control.
5. Client Materials
Client shall provide MADSynergy with access to Client Materials and hereby grants MADSynergy a limited right to use Client Materials solely for the purpose of performing the Professional Services hereunder. Client represents and warrants that it has all rights necessary for Client Materials and to provide them to MADSynergy for such purpose.
6. Order Term, Fees, Billing & Payment
The subscription order term includes the time frame the subscription remains active (from the date of initial sign up and payment by client) and until the client initiates a cancellation or if the service is interrupted for non payment.
Client will be billed automatically every month for the subscription services unless either party gives the other a written or email notice of termination at least 10 business days prior to renewal date specific to the client.
Fees and Payment:
All fees are as set forth on the website sign up page and shall be paid by the client in accordance with the schedule in USD. MADSynergy offers a subscription service and client understands that their credit card will be charged on a recurring basis (every month) on the same date that they have signed up for ongoing services.
7. Suspension & Cancellation of Subscription Services
Suspension of Subscription Services:
MADSynergy Will Suspend Services For Nonpayment of Fees. If MADSynergy has sent Client a payment reminder for an overdue payment, and Client fails to pay the amount due within five (5) business days after receiving such payment reminder, MADSynergy reserves the right to suspend Client’s Subscription Service, content delivery and any related support, or Professional Services, without liability to Client, until payment has been made. Prior to suspending Client’s subscription services, MADSynergy will use reasonable efforts to provide Client with notice and a reasonable opportunity to make the payment.
Cancellation of Subscription Services:
The client is charged a recurring fee on a monthly basis on a date specific to each client based on the day/date they signed up. And client may cancel their subscription service at any point in time in the current order term/or month in progress. No refunds are issued, so please plan ahead and cancel towards the end of a current order term/month or before the start of the next billing month.
MADSynergy Reserves The Right To Cancel Services:
At any point in time, if client resorts to unprofessional tactics in the process and duration of MADSynergy’s professional relationship, MADSynergy reserves the right to cancel the subscription service and refund the money for the order term month where service has not been provided for more than a week, if services have already been provided for more than week then no refund will be made.
8. Term & Termination
Term – This Agreement is effective as of the Effective Date and expires on cancellation initiated by the client or on suspension of service because of non payment of fees by the client.
Either party may terminate this Agreement if the other party:
(a) fails to cure any material breach of this Agreement (including a failure to pay fees) within five (5 working) days after written notice;
(b) ceases operation without a successor; or
(c) seeks protection under any bankruptcy, insolvency event, receivership, trust deed, creditors’ arrangement, composition, or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days thereafter).
9. Independent Contractors
The parties to this Agreement are independent contractors. There is no relationship of partnership, joint venture, employment, franchise, or agency created hereby between the parties. Neither party will have the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent.
MADSynergy is providing a basic social media management service through it’s subscription services and cannot guarantee revenues/results for Client and has yet to prove their product will deliver substantial revenues/results on a going forward basis, but MADSynergy LLC agrees to make best efforts to assist the Client per the items outlined in the Scope Of Project of this agreement. Whereas, the Client finds that the MADSynergy LLC is willing to perform certain work hereinafter described in accordance with the provisions of this Agreement; and wheras, the Client finds that MADSynergy LLC is experienced, qualified, and has the ability to perform the work, all relevant factors considered, and that such performance will be in furtherance of the Client’s objectives.
Limited Professional Services Warranty:
MADSynergy warrants that the Professional Services will be of a professional quality and conform to generally prevailing industry standards.
Except for the limited warranties set forth in this agreement, the Social Media Management Subscription Services and all results and reports generated therefrom and any professional services are provided “as is”. MADSynergy shall not be liable for delays, interruptions, service failures or other problems inherent in the use of the internet and electronic communications or other systems outside the reasonable control of MADSynergy (including but not limited to any third party platform).
11. Governing Law; Jurisdiction and Venue
This Agreement shall be governed by the laws of the State of Hawaii and the U.S. The jurisdiction and venue for actions related to the subject matter hereof shall be the state and U.S. federal courts located in Honolulu, Hawaii and both parties hereby submit to the personal jurisdiction of such courts.
Any notice or communication required or permitted under this Agreement shall be in writing to the parties at the addresses set forth on sign up forms or at such other address as may be given in writing (including via email/website forms) by either party to the other in accordance with this Section and shall be deemed to have been received by the addressee:
(a) if given by hand, immediately upon receipt;
(b) if given by overnight courier service, the first business day following dispatch; or
(c) if given by registered or certified mail, postage prepaid and return receipt requested, the second business day after such notice is deposited in the mail.
Notices and communications may also be provided via electronic mail (which notices and communications shall be deemed to have been received immediately upon receipt).
13. Entire Agreement
This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.
Client acknowledges that the Subscription Services are online, subscription-based products and that, in order to provide improved customer experience, MADSynergy may make changes to the Subscription Services (and MADSynergy will update the applicable Documentation accordingly and notify the client on doing so).
This Agreement may be executed in counterparts (including execution by electronic signature, pdf or other electronic transmission), each of which will be deemed an original and legally binding and all of which together will be considered one and the same agreement.
16. Force Majeure
Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to unforeseen events which occur after the signing of this Agreement and which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.
17. Export Control
In its use of the Subscription Services, Client agrees to comply with all export and import laws and regulations of the U.S. and other applicable jurisdictions. Without limiting the foregoing,
(a) Client represents and warrants that it is not listed on any U.S. government list of prohibited or restricted parties or located in (or a national of) a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting“ country;
(b) Client shall not (and shall not permit any of its users to) access or use the Subscription Services in violation of any U.S. export embargo, prohibition or restriction.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect.