Terms & Conditions - HolyCow
Ghost Media agrees to provide digital marketing services for HolyCow BBQ as follows:
Strategy - Monthly calendar, campaigns, holidays, big picture thinking.
Social - Creation and posting of posts, engagement, responses and follower growth.
Content - Curation of images, creation of graphics and copy to support posts.
Ads - Management of budget provided by client on supported platforms, Facebook Ads, Instagram & Pinterest.
Reviews - Responses as directed by client to positive and negative reviews on supported digital networks.
Newsletter - Creation and distribution of a monthly newsletter to current and future subscribers.
Reporting - Monthly highlights, key learnings and end of year reports.
SUPPORTED DIGITAL NETWORKS:
1 - Instagram
1 - Facebook
1 - Pinterest
1 - Twitter
1 - Yelp!
Digital Monthly Fee: $2,250 p/m
Hours Included: 15 hours p/m
Start Date: Upon Sign up Date
Term: 12 months
I agree that Ghost Media, hereon referred to as “GM” will provide its digital marketing and consultation services to its best ability in representing my brand. I permit GM to speak on behalf of my company, to access my social media profiles, and to engage with my existing and potential customers freely. I agree that the accounts required to be created by GM are my own property and therefore it is ultimately my duty to ensure their active and ownership status. GM will provide me with 15 hours of support each month, deducted in 5 minute increments for any and all work and services rendered. This includes but is not limited to; strategy calls, in person meetings, content creation, social updates, advertising management, partnerships activations, reporting and supported services. In the unlikely event unused hours accumulate, I understand that any unused time will roll over but that I can only utilize up to 5 hours of roll over time within a 30 day period so long as I remain an active client in good standing.
As well as providing me with consulting on an ongoing basis with regards to my digital branding, in the event this agreement includes support for Social Media or Community Management, GM will provide ongoing updates and responses to my social media pages during business hours on weekdays from 9 - 6pm, or schedule posts in advance for relevant content to be published on weekends or after hours. The number of unique posts will vary depending upon strategy and channel, but can range from 1 - 5 posts per week, per channel, excluding responses to comments and mentions. GM will respond to time sensitive comments and postings as soon as possible and typically do so within 4 - 6 hours during business hours. Any defamatory comments or complaints will be brought to my attention prior to GM’s involvement for direction.
With regards to “Content”, I understand that this involves GM providing me with the creation of materials such as social photography, stories creation, social graphics, covering events, providing real time social media coverage at supported locations, or curating social media friendly imagery and short stories and social videos. Content creation is at the discretion of GM and varies based upon goals and strategies.
For any services requested beyond or outside the scope of this Agreement, or should I exceed the included 15 hours of included support per month, I will be informed in writing to approve and be invoiced at Ghost Media’s professional consulting rate of $150.00 per hour. Where any of the additional Content Creation and coverage is requested within a 48 hour time frame or otherwise to be performed on weekdays after 9pm or on weekends, I understand that I shall be charged and shall pay GM’s professional consulting rate of $180.00 per hour. Where any Content creation and coverage is requested 20 miles or more outside of a supported location, I agree to reimburse all travel fees and pay $100 per hour for travel time only to the location (eg. we’re asked to attend an art exhibit in San Diego).
In the event that GM coordinates any Influencer Activation, I understand that coordination time will be deducted from my hours and that any Influencer fees (advertising costs) are not included as part of GM’s retainer. I understand that I will be informed in writing in advance should any expenses be required. I understand that deliverables by each influencer will vary, but should typically include a single post, short video or live story on one or more social media channels, in addition to tagging the client and adding the geo-location of the property when appropriate. GM does its very best to set expectations on deliverables, but I understand that GM has no control over the influencers, including the creative that is produced, the timeliness of their work or the participation and nature of the audience that they have cultivated. In the event of an error, GM will reach out immediately to remedy. In the event of an influencer’s cancellation or abandonment caused by GM, GM will replace the activation at no cost to the client. Should a contest be introduced into an activation, I understand that in most cases, the influencer will select the winner(s).
I agree to pay the monthly fee in full within 30 days of the invoice date beginning from my start date and for an initial contractual term of no less than (12) twelve months. Unless I decide to amend or terminate this Agreement within 30 days’ written notice before expiration, I will automatically engage GM for an additional (6) six month period.
I cannot terminate or request a refund for a billing period that has already begun. Should my payment reach 15 days or more past its due date, or should I terminate my Agreement prior to the end of my term, GM will stop all postings and terminate services, although I will still be responsible for all current outstanding fees that remain unpaid up to the date of termination of this Agreement. I UNDERSTAND THAT ALL FEES ARE NON REFUNDABLE.
I agree that GM has the right to communicate with my customers, use my logos or trademarked images and represent itself as my company as it relates to my social media endeavors. With regards to images and videos taken by GM on my property, I understand that I have the right to use any such images or videos up to a maximum resolution on pages that I own or operate. I understand that I must provide a courtesy photo credit when utilizing the images on pages that I do not own in order to waive any licensing fees.
I will not hold GM, ITS EMPLOYEES, AGENTS, OWNERS, AFFILIATES, OR SPONSORS FOR ANY LIABILITY, INJURY, LOSS, DAMAGE OR CLAIM ARISING FROM ANY SERVICES RENDERED except for gross negligence or willful misconduct. In any event, GM hereby limits its liability and agrees to indemnify me from any claim, liability, loss or damage, resulting from (a) the breach of any of GM’s warranties under this agreement or (b) the failure of GM to perform ay of its covenants under this agreement. The liability of either party to the other for any type of damages is limited to the total paid fee under this agreement.
Neither this Agreement nor any right or obligation hereunder or interest herein may be assigned, transferred or delegated by GM without my prior written consent.
During the Term and at all times thereafter, GM shall hold inviolate and keep secret all non-public documents, materials, knowledge or other confidential business or technical information of any nature whatsoever disclosed to or developed by GM or to which GM had access as a result of the services relationship with me (hereinafter referred to as "Confidential Information"). Upon termination of this Agreement, GM will deliver to me, all records and any compositions, articles, devices, equipment and other items that disclose or embody Confidential Information, including all copies or specimens thereof, whether prepared by GM or by others, unless such information is or becomes publicly available or disclosed by lawful means.
I agree that these terms and conditions of service may not be added to, amended, or contradicted in any way by evidence of prior, contemporaneous, or subsequent oral agreements of any kind and acknowledge there are no unwritten oral agreements of any kind. Upon agreeing to these terms, I have read and I agree to the terms of the GM TERMS AND CONDITIONS, as made available on the website www.ghostmediainc.com, set forth herein, and in witness whereof hereby execute this agreement pertaining to the laws set forth in the State of California.
This Agreement supersedes and replaces any and all previous agreements between the parties. By entering into this agreement, I HEREBY FULLY RELEASE AND DISCHARGE GM to provide services on my behalf.