Terms and Conditions
In this Terms of Service Agreement (referred to as the "Agreement"), the terms and conditions for Social SinQ to provide certain Services to you (the "Client") are outlined. By becoming a Client of Social SinQ, you agree to be legally bound by the terms and conditions outlined in this Agreement. The "Effective Date" of this Agreement is the date on which you submit your order for Services to Social SinQ. Please note that this is a legally binding agreement between you and Social SinQ.
Social SinQ will provide the Services outlined on their website (www.socialsinq.com) to the Client. It is important that the Client reads through the terms of this Agreement in full before agreeing to it, as it supersedes all previous agreements and is binding. It is shown to you when you sign up, for you to sign and agree to. It is the Client's responsibility to ensure that they fully understand the terms of this Agreement before agreeing to them. If you do not want to agree to these Terms of Service, you must not access or use the Website or our services. This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
1.1 Social SinQ works with third-party platforms such as Facebook, Instagram, Twitter, Google My Business, Pinterest, YouTube, and LinkedIn. Sometimes, issues may arise on these platforms that are beyond our, control, such as disconnections or password changes. If you change your password, it is important that you report the change to Social SinQ immediately so that your service is not interrupted. It is recommended that you check your accounts and our work at least once a week and provide us with direction and feedback. In the event of a disconnection or inability for us to access your account to post, the Client agrees not to hold Social SinQ liable. If we are still creating content for your business, we are fulfilling our service as described. If we do not have access to any platforms, we will make up any missed posts by posting twice a day until the accrued missed posts have been made up. Missed posts due to a lock out that is not the fault of Social SinQ are not grounds for a refund. Please see below for information on our cancellation and refund policies.
2. OUR OBLIGATIONS
2.1 Social SinQ will provide Services to the Client in accordance with their standard policies and procedures. Social SinQ reserves the right to reject any Client at their sole discretion. Social SinQ will be responsible for all aspects of providing the Services.
2.2 All Social SinQ rules, policies, and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply. Social SinQ reserves the right to change these rules, policies, and operating procedures at their sole discretion, including changes to pricing and package inclusions. If we are able to offer an archived product, you may be grandfathered into it at Social SinQ's sole discretion.
3. SERVICE DESCRIPTIONS, FEES AND PAYMENT
3.1 All fees for Services provided to the Client must be paid in full before the Services are provided. A valid credit card must be on file to cover the monthly recurring charges for the service. These charges will be automatically charged to the credit card on file each month.
3.2 Initial charges for the service must be paid in advance. Afterwards, Social SinQ will try to charge the Client's credit card on the monthly anniversary date of the client's first order for services. If the charges are not paid by the due date for any reason, the Services will be suspended until full payment is received. Please note that the suspension of Services due to non-payment will not result in a proration of fees.
3.3 Social SinQ does not issue refunds for any fees, except in the case of a material breach of this agreement by Social SinQ. However, there is a 14 day money back guarantee for the Client's first order with Social SinQ. If a refund is requested within the 14 day money back guarantee, it will only be processed once all social media posts shared to the Client's social media pages have been deleted. The Client agrees not to use any content created by Social SinQ for their business once the refund is processed. Please note that fees paid to Social SinQ are not contingent on any form of marketing results and are instead for the time and work performed. If there are any true mistakes made by Social SinQ, credits may be offered with evidence to support it.
3.4 Cancellation Policy: You may cancel your subscription anytime by letting your assigned Social Media Manager know or by emailing email@example.com. However, we do not issue prorated refunds for cancellations received early in a billing period. If you request it, we will finish out the current month(s) of service. Please note that this includes multi-month plans where you have received a discount. In these cases, we will require the discounted price to be voided and the difference to be paid before we can continue providing the service.
3.5 If work is continued on a Client who has not paid and has not cancelled, there will be accrued back-payments due. However, 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 begin the day that you sign up and we start the onboarding process, not when we first post. There is no setup fee for this. The setup work and onboarding fee are included in the monthly payment. If the onboarding process takes longer than 7 business days due to a delay on our end, we will adjust your billing date to ensure that you receive 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 on the same subject matter, including any agreements, directions, or claims made by Social SinQ's employees, unless a formal variance is confirmed and agreed to by the Client and executive level management at Social SinQ.
3.8 Posting to Multiple Platforms and Missed Posts: If your social media pages become disconnected from our posting software, you will be automatically notified to reconnect them. If you fail to do so, it is your responsibility and Social SinQ will not be held liable or issue any credit or partial refunds. However, we will reschedule the posts as soon as you reconnect your pages. It is recommended that our clients check their social media accounts at least twice a week to review content, provide feedback, and alert us of any possible disconnections so that we can promptly reconnect them. If Social SinQ is creating social media posts and sending them to the Client for review in any format, we are fulfilling our contractual obligation as outlined in our terms and conditions.
3.9 Content Review and Approvals: All plans will continue to be fulfilled, even when the Client does not respond to or mark their content for approval. Unless the plan is cancelled, Social SinQ will continue to provide the Services. If the Client fails to approve content for any period of time, they can simply start approving again whenever they are ready. Please note that unless the plan is cancelled, Social SinQ will continue to provide the Services.
3.10 As a Client, you agree to regularly review your content panel and social media accounts. You also agree to spend at least 10 minutes every other week reviewing all of your social media accounts to ensure that our posts meet your satisfaction and that no platforms are missing posts. Social SinQ is not responsible for posts that are missed on any platforms (due to disconnections out of our control, such as password changes or security lockouts) or for editing/removing content that has been posted more than two weeks ago.
3.11 Blog articles: After the first draft has been completed, there will be a maximum of two revisions allowed. At that point, the delivered product will be considered final. If you do not provide feedback on the blog article within 4 weeks, it will be considered final and approved. After this period, you agree that no revisions will be made.
3.12 White Label/Resellers: All terms and conditions within this agreement apply to any customer that you bring in as a reseller. We recommend using this agreement as a template and having your clients sign a similar document. As a reseller, you must pay for the services provided to your clients in advance. You are solely responsible for collecting payment from your customers. If your customer does not pay you, we will not refund you for the services rendered. It is your responsibility as the reselling client to alert us as soon as possible if one of your customers is cancelling. If you fail to alert us to the cancellation in the proper manner as described in this agreement, and we continue to provide services, you will be fully responsible for the payment of services rendered. Please note that there is a no refund policy once a client has been onboarded. It is also the reseller's responsibility to manage and facilitate communication between your client and Social SinQ in a prompt manner. Delayed communications can cause problems and we will not refund for things like missed posts from disconnections (as you have the responsibility of reviewing the social content and connection as described in this agreement).
3.13 Disputes – If the Client breaches our terms and conditions, we will take legal action to defend our rights. Your account will then be turned over to debt collection and we will report you to all three credit reference agencies.
3.14 If you decide to cancel after the 14 day money back guarantee period, there will be no refunds. However, you do have the option to continue and finish your month of service. Please note that cancelling due to frustration does not erase the amount of work and time we have spent on your business.
4. WARRANTY DISCLAIMERS
4.1 REFUND POLICY: After you have made a payment and the 14 day money back guarantee period has passed, no refunds will be issued. These terms and conditions clarify that due to the nature of working on third party platforms, potential disconnections, clients not reviewing our work promptly, and the fact that we are a monthly subscription service rather than a full service agency, we are unable to offer refunds. If we are unable to create at least one post per week, you agree to accept a credit for the value of that post as compensation.
4.2 Social SinQ specifically denies any and all warranties related to this agreement, the services, or any materials or assistance provided to the client, whether express or implied. This includes, but is not limited to, warranties of merchantability, performance, trade practice, title, non-infringement, and suitability for a particular purpose.
5.1 Social SinQ disclaims any and all warranties, express or implied, related to this agreement, the services provided, or any materials or assistance given to the client. This includes, but is not limited to, warranties of merchantability, performance, trade practice, title, non-infringement, and fitness for a specific purpose.
5.2 Social Media Account Suspensions, Loss of Access, or Deletion: The client will indemnify and hold Social SinQ and its customers, suppliers, directors, officers, agents, and employees harmless from any losses, costs, damages, liabilities, and expenses (including reasonable attorneys' fees) resulting from issues with social media account suspensions, copyright issues, accidental loss of access or deletion, or any other issues related to third-party platforms. These issues may include, but are not limited to, the use of bots or plug-ins that violate the terms of service of the social media platforms, creating a personal account as a business account, failing to verify the account (such as not verifying a Twitter or Instagram account with an email and phone number that can receive texts), using a logo as the profile picture on a personal account instead of a real person's photo, and failing to log in to the account regularly (at least once a week or once a month). It is the responsibility of the client to maintain active and unflagged accounts. This clause also applies to the reseller's client, as they will have been asked to sign a similar contract.
5.3 Social SinQ only uses images provided by the client or royalty-free images from photography databases for marketing purposes when designing graphics for posts. We pay for access to many of these services. However, the client will still indemnify and hold Social SinQ and its customers, suppliers, directors, officers, agents, and employees harmless from any losses, costs, damages, liabilities, and expenses (including reasonable attorneys' fees) resulting from any issues with content posted to the client's social media account that leads to copyright infringement claims. The client agrees to take full responsibility for the content posted to their accounts.
6. LIMITATION OF LIABILITY
Social SinQ will not be held liable to the client or any entity or person claiming through or under the client for any loss of profits, income, or any indirect, consequential, incidental, or special damages, whether in a contract or tort action, in connection with this agreement, even if Social SinQ was aware of the possibility of such damages. Social SinQ's liability to the client will not exceed the amount paid to Social SinQ by the client for the previous month of services. This limit is cumulative and the existence of multiple claims will not increase the limit. The client acknowledges that these limitations of liability are an essential part of the agreement between the parties, and that the terms and conditions of this agreement would be substantially different without them.
This agreement constitutes the entire understanding and agreement between the parties regarding the subject matter. Social SinQ reserves the right to amend this agreement at any time, and the most current version will always be published on the website. Notice of any changes to the agreement will be deemed sufficient if sent to the client's last known email address. This agreement will be binding on and inure to the benefit of the parties' successors and permitted assigns, but the client may not assign the agreement in whole or in part without Social SinQ's prior written consent. Any attempt to do so will be null and void. This agreement will be governed by and interpreted according to the laws of the United Kingdom, and any litigation or dispute resolution related to this agreement will take place in London, United Kingdom. The parties hereby consent to the jurisdiction of the courts located in London. Any required or permitted notice under this agreement must be in writing, in English, and sent via U.K. Royal Mail with a return receipt requested. If any provision of this agreement is deemed unenforceable by a court of competent jurisdiction, that provision will be severed to the minimum extent 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 waive any subsequent breach or default or alter the rights of the waiving party.
8. CREDIT CARD DISPUTES
If there is a credit card dispute, all credits, refunds, and account work will be put on hold until the dispute is resolved. This process can take one to three months, and sometimes longer. It is usually more beneficial for both parties to negotiate a fair compromise and credit rather than filing a dispute. Social SinQ is willing to negotiate a positive outcome for all parties involved. Please email us at firstname.lastname@example.org.