Terms and Conditions – Social Media

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Terms & Conditions for Social Media

This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions on which you (the “Client” or “You”) have engaged GREEN OWL CONSULTING (“Green Owl”, “Us” or “We”) to perform certain Services as outlined herein. This is a legally binding agreement between You and Green Owl. By becoming a Green Owl 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 Green Owl.

1. SERVICES
Green Owl will provide services to clients as outlined on the Green Owl Social Media web page website (www.green-owl.com/social-media/) (the “Service(s)”). This Agreement is effective upon execution by Client and Client’s onboarding and supersedes all previous oral or written agreements to. It is your responsibility to read through these terms in full so you fully understand what you are agreeing to.
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. Client understands that Green owl cannot begin to provide Services (curate and post content) until at least one platform has been connected to our dashboard. Once connection is received, Green Owl will begin posting to your accounts within 3-5 business days. If you change your password, you are asked to report the change to Green Owl immediately so 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, the client agrees to not hold Green Owl 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 don’t have access to any platforms, we will continue creating content in the Client’s dashboard until we regain access.

Missed posts due to lock out by no fault of Green Owl is not grounds for a refund or credit. Keep reading for information on our cancellation and refund policies.

2. GREEN OWL OBLIGATIONS
2.1 Green Owl will provide Services to client in accordance with Green Owl's standard policies and procedures. Green Owl reserves the right to reject clients for any reason, in Green Owl’s sole discretion. Green Owl will be responsible for all aspects of providing the Services.
2.2 All Green Owl rules, policies and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and Green Owl may change its rules, policies and operating procedures from time to time in its sole discretion. This includes pricing, package inclusions, and more. You may be grandfathered into an archived product if we still offer it, at Green Owl's sole discretion.

3. SERVICE DESCRIPTIONS, FEES AND PAYMENT
3.1 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. Client authorizes Green Owl to charge Client’s credit card for the fees listed herein.
3.2 Initial charges for Services will be paid in advance of Services. You agree to the setup fee specified on the website when signing up. Thereafter, Green Owl will attempt to charge Client’s credit card on the monthly anniversary date of the Client first ordering Services. Client agrees to pay the monthly management rate until the agreement is canceled or modified. 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. If Green Owl cancels for non-payment, Client will be notified via email. Setup fees are non-refundable. No exceptions.
3.3 Except in the case of a material breach of this Agreement by Green Owl, Green Owl does not issue refunds of any fees for any reason. Fees due to Green Owl are not contingent upon any form of marketing results. Client is paying for time and work performed. Green Owl offers credits for any true mistakes made on our side with evidence to support it.
3.4 Cancellation Policy – Cancellations are required at least 30 days before a Client’s next billing date by notifying Green Owl at socialmedia@green-owl.com. Client may not terminate this Agreement prior to the second billing. After the second billing date, Client reserves the right to cancel this Agreement with 30 days notice. Cancellations need to be processed and confirmed by our billing department. Cancel requests sent to employees or contractors 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, however we will require the discounted price to be voided and be paid the difference before continuation of Service). No cancellations within 7 days of renewal. Any Client receiving paid advertising services commits to a minimum of 90 days, no refunds.
3.5 Continuation of work for a Client with a past due balance, who did not cancel, will result in accrued back-payments. Green Owl does 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 officially start the day You sign up and We begin the on-boarding process, not when We first post. If onboarding goes beyond 4 business days because of Green Owl’s delay, the Client NOT getting Us what We need promptly (We have another clause for this), We will move your billing date to ensure you get 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 of the same subject matter, including any agreements, directions, or claims made by Green Owl employees, unless a formal variance is confirmed and agreed to by the Client and executive level management at Green Owl.
3.8 Posting to Multiple Platforms and Missed Posts – Many of our packages include posting to multiple platforms through a cloud platform technology. In social media marketing practices, it is common for accounts to get disconnected for multiple reasons outside of Our control. Our pricing model is based on posts going out on a minimum of one channel, whereas all additional platforms are considered free additions (For example, if a client wants Facebook alone, it does not reduce our $249 package pricing because the client is not utilizing LinkedIn or Twitter). We request our clients check their social media accounts twice a week to review content and provide feedback, and alert Us to any possible disconnects so we can promptly reconnect. For this reason, if Green Owl is posting to at least 1 social media channel We are fulfilling our contractual obligation as laid out in our terms and conditions. We realize account disconnects can be frustrating, so in the event of missed posts for any one of your profiles, We agree to post all the created content once We gain access to your profile(s) There will be no refunds in the event of additional profiles receiving no posts for any period of time.
3.9 Quality of Posting – Social media is a very personalized service, what some clients like, others do not. If You want training to ramp up faster, Premier or above will allow You to review the posts in advance so nothing goes out without approval. If these items are very important to You, Premier or higher is more appropriate and will avoid any issues. For packages that cost $449 or under, all work is final, there is no review (unless you add advanced review and approval to the Pro plan). If there are typo’s, or posts going out on the wrong day (i.e. a Christmas Day post going out on December 28th), this is typically caused by edits being made and changing the date queue in our publishing software through Your revisions being made. In this event, We will provide an additional post based on your package level. We do not refund for typos or posts going out on a certain date if it was meant for another. Even though We do follow a “No typo policy” and our social media managers are penalized, You agree to accept a free post for all incidents like the examples mentioned above.
3.10 Packages that include content review, or plans, will continue to be fulfilled even when the Client does not respond to or mark their content for approval. Unless the plan is canceled, Green Owl will continue to provide services. If Client fails to approve content for any period of time, Our policy is to begin automatically approving posts after a period of one month with a Premier or VIP plan. Client agrees to one round of edits per week of plans. Clients who subscribe to Pro with advanced review and approvals will be automatically scheduled and published.
3.11 You agree to review your social media accounts regularly. You agree to spend 10 minutes every week to review all of your social media accounts to ensure Our posts meet your satisfaction, and no platforms are missing posts. Green Owl is 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 two weeks ago, or longer. If You do not engage Premier, VIP or other plans that include content review, We will not edit any previous posts, but We will work with You to take them down (up to 2 weeks). For any plans that allow for content review, including posts or graphics, You are entitled to one (1) round of edits each. Additional edits will be charged a per edit fee.
3.12 You give Us permission to showcase your company logo and links to your social media and company website. Please notify us in writing if you prefer we not use your social media in our advertising efforts. This may include email newsletters, website or other owned or third parties.
3.13 Video, Website Design/Landing Page and Photography Work – Once first draft of website, photos or video is created and delivered to Client, there are no refunds for any reason. We will work with You on getting these creative works to where You are happy with accepting delivery (within Our service description provided or on Our website), but once the work is done on the initial draft provided to Client, we cannot provide refunds. This is not a “don’t pay unless you like it” service. This is mostly because of Our very competitive pricing. As for photography, once the shoot is finished, and photos are provided, you MUST select from the available photos provided, there are NO re-shoots, only editing of existing photos. Time frames can take just weeks or even months for completion, depending on how long it takes the Client to deliver everything we need to complete the website (access to domain, hosting, images, copywriting, SSL if needed, and most importantly any feedback within the limits of the design project). Please note that We can extend deadlines indefinitely with no refunds when a Client doesn’t deliver items We need in order to move forward on the project. In this event, You agree to get Green Owl everything it needs to complete the project. Client warrants that any artwork, graphics or other intellectual property provided to us does not infringe on the intellectual property rights of any third-party. Refunds are not allowed once work on Your project has begun. You agree to finish the entire project or forfeit any and all paid fees. Once the final payment has been made, and the revision process (test everything! including forms, give Us all your edits at one time) has taken place, any future edits will need to be paid for at Our hourly rate of $75. Transfer from Our server to another server is $350 for a typical transfer. Unforeseen technical difficulties can raise this rate. *Please note the words “video,” “design,” “photography,” and “website” can be interchangeable in this clause as it applies.
3.13.1 Blogs – Blog articles are typically 400-600 words in length and can vary. Once a first draft has been furnished, there are a maximum of two revisions allowed, at which point the product delivered will be considered final.
3.14 Facebook and Instagram Advertising – Similar to Our content plans, advertising Clients assume full responsibility for monitoring their ad spend on a bi-weekly basis (there is an app on your phone for this, just ask). You agree not to hold Green Owl liable for any ad spend paid to Meta/Google beyond a two-week period. Please be aware that social advertising is a “top heavy” service, this means a great deal of work and resources are invested before a campaign goes live. This includes competitor analysis, audit of your website and Facebook page, target audience development, creative development, and so much more (easily 30-40 hours of work). This can cause a campaign to go live in the second billing period where We move into the optimization phase. During the optimization phase We work to find the best performing ad sets, widen or constrict the target audience, interpret the analytics, and possibly even start an entirely new ad set. In the event of a Client cancellation, and the ad campaign continues to run or is not paused by request during our paid retainer period, Green Owl cannot be responsible for advertising expenditures after a Client relationship has terminated or beyond the two-week monitoring period. This is good business practice to monitor ad spending especially if you’re staying on top of your bookkeeping. Green Owl fees are not contingent upon campaign results. There are no refunds for campaigns where a Client does not take full advantage of all services included in a package they purchase. Delays caused by Facebook’s ad rejections that last longer than 7 days will result in a credit corresponding to the delay in campaign start date in the form of a credit in moving back your billing date. This is the only situation where an ad date will be moved back. There are no refunds whatsoever, even if none of your ads are approved by Meta/Google, or they disable your ad account. Client agrees to commit to 90 days for paid advertising campaigns. No refunds within the first 90 days.
3.15 Disputes – Client agrees to the terms and conditions when signing up for service. We will fight vigorously if the Client breaches the terms and conditions. Your account will then be turned over to collections and we report to all three credit bureaus.
3.16 Less Tech-Savvy Clients – Some of Our clients are just not experienced using computers, or various software, or even just social media in general. For this reason, We spend extensive amounts of time working on getting your account on boarded so we can provide the Service. This connecting, explaining, back and forth emailing, phone calls, all constitutes work on your account. Every employee tracks their time with software called Tick, and if we spent longer than 30 minutes working to onboard your account, there will be no refund if you decide to cancel. You still of course have the option to continue and finish your month of service. But simply giving up because you’re frustrated does not erase the amount of work and time we have spent on your business.
3.17 If You join as a Cloud Campaign client (where you create your own Cloud Campaign account with 45 day trial), and cancel Cloud Campaign, We must pause your services immediately until We can onboard You onto our platform. If You cancel Cloud Campaign without notice and don’t wish to continue with your Green Owl service, You forfeit the remainder of the month’s fees, and there will be no pro-rated refund.
3.18 Business Structure and Client Communications by Phone: We are an online subscription social media service, not a full service marketing agency. Our customer service is inbound, not outbound (meaning, we do not “check in” on our levels 1-3). You have a responsibility to check your social media at all levels at least every two weeks and provide feedback if needed. All phone calls must be scheduled and is your responsibility to schedule calls proactively with your Social Media Manager. The only free phone call is your initial consultation. Use that free consult to ask as many questions as you like before you sign up. Once you sign up as a client, levels 1-3 include online support ONLY. Phone support is included in our level 4 service. The time involved in phone customer service is simply not possible at our low price points to meet our margins and have a successful business. If you’re the type of person who needs to resolve issues over the phone, it is highly recommended you purchase a level 4 package.
3.19 Account Access: Client will grant access to their social media accounts by adding Green Owl as an admin using our onboarding software. Clients who won’t grant access using the admin tool will be required to provide credentials for Green Owl to maintain access to Client’s accounts. Green Owl cannot guarantee consistent publishing of posts without admin access or credentials.

4. WARRANTY DISCLAIMERS
4.1 REFUND POLICY – Once you have paid and accepted these terms and conditions or completed a service agreement there are no refunds. Throughout this Agreement, it is explained that due to the nature of working on third party platforms, disconnections, clients not checking our work on time, the fact that we are a month-to-month subscription service (and not a full service agency) and you’re only committing to one month, there are absolutely no refunds. As previously stated, We will continue working on Your behalf creating content and storing in our cloud posting software for as long as You are a Client.
4.2 – GREEN OWL 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.

5. INDEMNITY. Client will indemnify and hold harmless Green Owl 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. Client agrees to indemnify and hold Green Owl harmless from any claims arising from Green Owl's use of any artwork, graphics or other intellectual property including attorneys’ fees. To the extent Client provides assets (stock images, artwork, etc.) that Green Owl utilizes in posts, the Client assumes liability and indemnifies Green Owl against any claims arising from such use.

6. Social Media Account Suspensions, Loss of Access, or Deletion
6.1. Client will indemnify and hold harmless Green Owl 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, copyright issues, accidental loss of access or deletion, or any other issues with regards to third-party platforms. Reasons You may experience a social media account suspension or disablement include, but are not limited to, the use of bots or plug-ins that don’t abide by the social platforms TOS, creating a personal account as a business account, not verifying your account (for example, not verifying your Twitter or Instagram account with an email, and often adding a phone number that can receive texts to verify the account), personal accounts should have the profile picture of a real person, not a logo, and be treated like a person, not a business. That’s what business pages are for. As mentioned above, it’s required for You to login to your social media accounts regularly (every two weeks is standard, but at least once a month) to ensure they stay active and don’t get flagged from sources posting to your accounts all the time without the account owner ever logging in. This is an important responsibility of yours as the Client. This same clause applies to a reseller’s client as well as You have been asked to have them sign a similar contract.
6.2 Green Owl uses only content provided by the client, or one of several photography databases that offer royalty free images for marketing use. We pay for many of these services. Regardless, Client will indemnify and hold harmless Green Owl 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 content posted to a client’s social media account that results in any claims of copyright infringement. Client agrees to assume full responsibility for the content posted to their accounts.

7. LIMITATION OF LIABILITY
GREEN OWL SHALL NOT BE LIABLE TO CLIENT OR ANY ENTITY OR PERSON CLAIMING THROUGH OR UNDER CLIENT FOR ANY LOSS OF PROFIT OR INCOME OR OTHER INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, WHETHER IN AN ACTION FOR CONTRACT OR TORT, IN CONNECTION WITH THIS AGREEMENT, EVEN IF GREEN OWL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GREEN OWL'S LIABILITY TO CLIENT HEREUNDER EXCEED THE AMOUNT PAID TO GREEN OWL BY CLIENT FOR THE PREVIOUS ONE (1) MONTH OF SERVICES. THIS LIMIT IS CUMULATIVE AND THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THE LIMIT. CLIENT ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES AND IN THEIR ABSENCE THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

8. MISCELLANEOUS
This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof. This Agreement may be amended only by a writing signed by both parties. An email communication sent to Client’s last known email address will be deemed sufficient notice of any such changes in this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties’ successors and permitted assigns; provided however, that Client may not assign this Agreement, in whole or in part, without Green Owl's prior written consent and any assignment by Client without such consent shall be null and void. This Agreement shall be governed by and interpreted in accordance with the laws of the state of California without regard to its rules pertaining to conflict of laws. Any litigation or dispute resolution related to this Agreement shall take place in San Diego County, California, and the parties hereby consent to the jurisdiction of the state and federal courts located therein. Except as otherwise expressly set forth herein, any notice required or permitted to be given under this Agreement shall be sufficient if in writing, in the English language, and sent via U.S. Certified Mail, return receipt requested. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, that provision will be severed only to the extent minimally 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 constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.

9. CREDIT CARD DISPUTES
All charges made to Client’s credit card on file shall be presumed accurate unless disputed in writing within 15 days of the billing statement issue date of Client’s credit card. In the event of a credit card dispute, all credits, refunds, and account work comes to a halt until the dispute is resolved. Negotiating a fair compromise and credit will always be more favorable than filing a dispute in almost all cases. We are always happy to negotiate a favorable outcome for both parties.

10. 7 DAY FREE TRIAL
From time to time, Green Owl might offer a free 7 day trial. The free 7-day trial subscription to Green Owl (“Trial Subscription”) gives you Green Owl package details during the Trial Subscription period. As part of the enrollment process for the Trial Subscription, you will be required to confirm a subscription package and submit a valid credit card for payment. If you do not cancel your subscription before the end of the 7 day Trial Subscription period, you will be billed for the subscription package to Green Owl that you selected during the Trial Subscription registration process. Upon the completion of your Trial Subscription period, you will be automatically billed for a Green Owl subscription for the term and rate you selected when you signed up for your Trial Subscription unless you cancel your subscription. Thereafter, until you terminate your subscription, your subscription will be automatically renewed at the conclusion of each subscription term at the same subscription rate you initially selected. In order to avoid a subscription charge following completion of your 7-Day Trial Subscription, you must cancel your Trial Subscription prior to its conclusion (that is, before the end of the trial 7 day period) by submitting an email to: socialmedia@green-owl.com and canceling it. Once a subscription is renewed it cannot be refunded under no circumstance and the buyer will be required to accept all content/work owed for that period of time. Normal cancellation procedure applies. The 7 day free trial is at the discretion of Green Owl and subject to change or cancellation at any time.