We strive to be completely transparent with our customers. Listed below you will find our up-to date Master Service Agreement (MSA) and Terms of Service (TOS). This agreement represents the complete agreement and understanding between The Social Brand and its clients and supersedes any other written or oral agreement.
Client is engaging The Social Brand, as an independent contractor for the specific purpose of marketing, branding and hosting Client’s website (hereinafter referred to as the "Service").
All website packages come with content creation. However, if a custom quote is written (unless specifically notated) copywriting and photography is not provided. Content creation varies based on the medium. Copywriting services start at $125/hour. The Client will retain the right to all content created by The Social Brand for the Client, while under contract, ad infinitum. However, the Client may not distribute for profit any content created by The Social Brand for the Client, while under contract, without the written consent of The Social Brand. Client will own all finalized media created or final photos taken by The Social Brand or it's contractors both during and after the contract expires.
Copyrights and Trademarks
Client unconditionally guarantees that any text, graphics, photos, designs, trademarks or other artwork furnished to The Social Brand for inclusion in the brand identity are owned by Client, or that Client has obtained permission from the rightful owner, and will hold harmless, protect and defend The Social Brand from any claim or suit arising from the use of such elements furnished by Client.
Client authorizes The Social Brand to transfer any of Client’s existing domain names at Client’s request. However, Client acknowledges that domain registration, payment, and maintenance is solely the Client's responsibility and will hold harmless The Social Brand in the event that domain registration or payment fails, even in the event that domain issues cause lost business, loss of ownership or for their website to be offline. The Social Brand's domain registrar of choice is Hover. You can explore their services at https://hover.com/93Jih4Qk
Website Hosting & SSL Security
Client authorizes The Social Brand to transfer Client’s web hosting service to The Social Brand's servers. All hosting options can be found at https://www.thesocialbrandtn.com/care-plans/. The base hosting package is $36 a month. Client agrees that The Social Brand makes no guarantees that the website will function properly with any other web hosting provider other than The Social Brand. Client acknowledges that Client also agrees to the web hosting Terms of Service and Acceptable Use Policy. Client understands that some search engines, including Google, favor websites with SSL encryption. Client agrees to pay $49 per year to renew the SSL certificate and an additional $5 per month for the dedicated IP address required to host an SSL certificate on Client’s account.
Updates and Maintenance
Client authorizes The Social Brand to make changes to Client’s website on behalf of Client. Client agrees that the website must be hosted with The Social Brand to receive maintenance and updates. Client understands that monthly updates are only included in our Basic Care or Peace of Mind Care Plans, and are limited to the time included in the designated care plan. Development of code, changes to the overall structure of the website, and graphics creation and manipulation are not included in this Agreement. Client agrees that any included time in this Agreement will be deducted in fifteen (15) minute increments, and any additional time not included in this Agreement shall be billed at an hourly rate of $100, plus any applicable sales tax. Client understands that time does not accumulate or “roll over” to the following month and will be forfeited if it is not utilized before the Service renews. Client also agrees to the Maintenance Agreement.
If the SOW includes web design, Client agrees to terms spelled out at https://www.thesocialbrandtn.com/websiteagreement/
Search Engine Optimization
Client agrees that The Social Brand has no control over the policies of search engines or online directories. Client also agrees that The Social Brand makes no guarantees as to the performance or effectiveness of any search engine optimization whatsoever. The Social Brand will submit Client’s website to Google, and Bing on behalf of Client, however, Client acknowledges that approval of Client’s website is at the sole discretion of the individual search engines. Client also agrees to the SEO Agreement.
Client authorizes The Social Brand to post updates to Client’s social media accounts on behalf of Client. Client agrees that The Social Brand makes no guarantees as to the performance or effectiveness of any social media efforts whatsoever. Client acknowledges that approval of updates posted to Client’s social media accounts is at the sole discretion of the individual social media networks. Client understands they have full access to analytics, content, upcoming content and more in The Social Brand's client portal found at https://thesocialbrandtn.cldportal.com/ - login will be provided in onboarding email. If the SOW includes social media management, Client agrees to terms: https://www.thesocialbrandtn.com/socialmediaagreement/
Client authorizes The Social Brand to publish Client’s business information to online directories and local listing websites. Client agrees that The Social Brand makes no guarantees as to the performance or effectiveness of any local search optimization efforts whatsoever. Client acknowledges that approval of Client’s business listings are at the sole discretion of the individual websites and may be terminated at any time with or without cause or explanation. Client understands that additional business locations not included in this Agreement shall be billed at an additional rate of $100 per month per location. Client also agrees to the Local Listing Agreement.
Client authorizes The Social Brand to create, modify, or delete ads on behalf of Client on advertising networks, including, but not limited to, search engines and social media networks. Client understands that at certain times, The Social Brand will collect and pay advertising platforms on the Client's behalf. Upon Client's request, The Social Brand will provide an account of what ad dollars were spent on. Client also agrees that The Social Brand makes no guarantees as to the performance or effectiveness of any online advertising whatsoever. The Social Brand will submit Client’s ads to advertising networks on behalf of Client, however, Client acknowledges that approval of Client’s ads is at the sole discretion of the individual advertising networks. Client agrees to terms: https://www.thesocialbrandtn.com/ppc-agreement/
Client understands that any optional third-party software, including but not limited to call tracking, screen recording, and review management software that Client wishes to use may in some cases be billed directly by the third-party software vendor. Third-party software may also have additional fees based on usage, and separate terms and conditions that Client agrees to. Client also understands that The Social Brand has no control over third-party software.
Client understands that due to the competitiveness of some keyword phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, The Social Brand does not guarantee specific positions for any particular keyword, phrase, or search term.
Client understands that Face-to-Face consulting is limited to one hour per session. Client agrees that if additional time is requested, it may be billable at a rate of $150/hour.
Payment & Cancellation Terms
Client understands that payments must be made promptly. Client agrees that the term of this Agreement shall begin on the month that this Agreement was executed, and shall automatically renew each additional month unless Client cancels the Service within ten (10) business days of the next renewal. Delinquent bills will be assessed a 10% charge if payment is not received within ten days of the due date. If an amount remains delinquent thirty days after its due date, an additional 10% penalty will be added for each month of delinquency. In case of collection proves necessary, Client agrees to pay all fees incurred by that process. If a payment delay is anticipated, please contact The Social Brand to discuss potential problems in advance. If problems are anticipated, we may be able to accommodate alternate arrangements. Client may cancel the Service within ten (10) business days prior to the next bill. Client agrees that all fees are non-refundable, and that cancellation must be provided in writing. Notice of cancellation may be emailed to [email protected]
The Social Brand will attempt to market Client’s website in a way that meets Client’s expectations. However, The Social Brand does not guarantee expectations will be met if requests are unreasonable or are unable to be completed within the scope of this Agreement. Client also understands that failure to provide timely and reasonable feedback may delay or frustrate completion of work. The Social Brand is not responsible for additional fees, time, or expenses incurred because of delays caused by lack of reasonable feedback, including Client’s failure to initiate the process.
Client agrees to make routine backups of the website and other crucial data on the server. In no event shall The Social Brand be liable to Client or any third-party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the website, even if The Social Brand has been advised of the possibility of such damages. At no time will Client or The Social Brand incur any costs from the other due to performance issues of the site or the marketing services being provided. Client agrees that The Social Brand is not responsible for the marketability or sales performance of Client’s website, or electronic commerce success or failure. Client agrees to defend, indemnify, save and hold The Social Brand harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney's fees associated with The Social Brand's marketing of Client’s website. This includes liabilities asserted against The Social Brand, its subcontractors, agents, clients, directors, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed. Client also agrees to defend, indemnify and hold harmless The Social Brand against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over Client's website. If any provision of this Agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.