This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions on which you (the “Client”) has engaged Gold Coast Media and Consulting to perform certain Advertising Services as outlined herein. This is a legally binding agreement between you and Gold Coast Media and Consulting. By becoming a Gold Coast Media and Consulting Social 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 Gold Coast Media.
Gold Coast Media will provide the Services to Client as outlined on the Gold Coast Media website.
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 Gold Coast Media immediately as not to interrupt your service. It is good practice to check your accounts and our work at least once a week, also to provide us direction and feedback. In the case of a disconnect, or inability for us to access the account to post, client agrees to not hold Gold Coast Media liable. As long as we have access to one platform and are posting according to schedule, we are fulfilling our service as described. If we have access to no platforms, we will 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 Gold Coast Media is not grounds for a refund.
2. SERVICE DESCRIPTIONS, FEES, PAYMENT and cancellations
2.1 All fees for Services provided to Client are due and payable in full, in advance of provision of Services. A valid credit card for monthly payment of fees shall remain securely on file to cover monthly recurring charges for service. Thereafter, Gold Coast Media will attempt to charge Client’s credit card 7 days prior to 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.
2.2 Except in the case of a material breach of this agreement by Gold Coast Media, Gold Coast Media does not issue refunds of any fees for any reason. Fees due to Gold Coast Media are not contingent upon any form of marketing results. Client is paying for time and work performed.
2.3 Cancellations are required in writing by email to our billing department (email@example.com) prior to client’s next billing date. 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).
3.10 You agree to review your social media accounts regularly. Please try to spend 10 minutes every other week, but definitely at least once a month to review all of your social media accounts to ensure our posts meet your satisfaction, and no platforms are missing posts. Gold Coast Media not responsible for posts missed on any platforms (due to disconnects out of our control like changed passwords or security lock outs), or editing/removing content that has been posted over a month ago, or longer.
4. WARRANTY DISCLAIMERS
4.1 Gold Coast Media 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.
Client will indemnify and hold harmless Gold Coast Media 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.
5.1 Social Media Account Suspensions, Loss of Access, or Deletion – Client will indemnify and hold harmless Gold Coast Media 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 issues with social media account suspensions, accidental loss of access or deletion, or any other issues with regards to third-party platforms.
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.