BloomSocial’s Terms & Conditions
This Agreement (the “Agreement”) sets forth all of the terms and conditions upon which you (the “Client”) have engaged BloomSocial to perform certain Services as outlined herein. By proceeding with Services provided by BloomSocial, you hereby agree to be legally bound by these 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 BloomSocial. This is a legally binding agreement between you and BloomSocial.
BloomSocial will provide the Services to Client as further outlined on the BloomSocial website (our URL).
1.1 Video and/or Photography Work – Once first draft of 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 on our website), but once the work is done on the initial draft provided to Client, we cannot provide refunds and services are deemed rendered to the Client.
1.2 In working with third party platforms, such as Facebook, Instagram, Twitter, and LinkedIn, BloomSocial does not have control over issues that may occur such as disconnections or password changes. If you change your password on any of these platforms, you must report the change(s) to BloomSocial immediately as not to interrupt your service. It is recommended that regularly 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 hereby waives any liability and releases BloomSocial from any liability thereunder. If we have access to a platform and are posting according to the schedule, we are fulfilling our services under this Agreement. If we have do not have access to any platforms, we will make up any missed posts by posting two times a day until the accrued missed posts have been made up, if possible. Any failure to post as a result of any type of lock out due to no fault of BloomSocial will not be the basis for any type of refund.
- BloomSocial POLICIES AND PROCEDURES:
2.1 BloomSocial will provide Services to Client in accordance with BloomSocial`s standard policies and procedures, as adopted and amended from time to time. BloomSocial reserves the right to reject Client for any reason, in BloomSocial`s sole and absolute discretion. BloomSocial will be responsible for all aspects of providing the Services.
2.2 All BloomSocial’s rules, policies and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and BloomSocial may change its rules, policies and operating procedures from time to time in its sole discretion.
- SERVICES, FEES AND PAYMENT:
3.1 All fees for Services provided to Client are due and payable in full, in advance of performing Services hereunder. A valid credit card for monthly payment of fees due under this Agreement must remain valid and remain securely on file to cover all monthly recurring charges for Services, and any other fees or charges hereunder.
3.2 Initial charges for Services must be paid in advance of Services to be provided. Thereafter, BloomSocial will charge the Client’s credit card on file for the monthly amount due on the anniversary date each month calculated from the client first date of ordering Services from BloomSocial. 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.
3.3, BloomSocial does not issue refunds of any fees for any reason under this Agreement, except for a material breach by BloomSocial hereunder. Fees due to BloomSocial are not contingent upon any form of marketing results or Client expectations of results. Client is paying for time and work performed by BloomSocial.
3.4 Cancellations are required in writing and must be received by email to our billing department (email@example.com) within 7 days of 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 if requested.
3.5 If Client is past due on any payment due for any reason and who did not cancel Services as provided in this Section will result in accrued back payments due to BloomSocial. BloomSocial will keep accurate records of all communications and Services performed to justify the back payment due by Client.
3.6 Our Services officially start the day Client signs up with BloomSocial and BloomSocial commences with the on-boarding process, not when we first post. We do not charge a setup fee for this very reason. This setup work and on-boarding fee is included in the monthly payment due by Client.
3.7 This Agreement supersedes and replaces all other agreements between the Parties of the same subject matter, including any agreements, directions, or claims made by BloomSocial’s employees, unless a formal modification is confirmed in writing and signed by the Client and an authorized executive level management employee of Bloom Media Agency LLC. Oral modifications or representations are not enforceable or binding on BloomSocial.
3.8 Posting to Multiple Platforms – Many of our packages for Services to be provided to Client include posting to multiple platforms through a platform technology. In social media marketing practices, it is common for accounts to get disconnected for multiple reasons that are beyond the control of BloomSocial. 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 $147 package pricing because the client is not utilizing LinkedIn or Twitter). We request our clients regularly check their social media accounts at least once a week to not only review content and provide feedback, but to also alert of us any possible disconnects so we can promptly reconnect. For this reason, if BloomSocial is posting to at least 1 social media channel or platform, that is sufficient to be considered fulfilling BloomSocial’s contractual obligations as laid out in our terms and conditions. There will be no refunds to Client in the event that additional channels or platforms are not receiving posts for any period of time.
3.9 For premium packages (such as Level 2 and above packages) that include content review, or plans, BloomSocial will continue to operate as normal, even in the event that the Client does not respond to the content we send and mark for approval. A failure to respond by Client will be deemed an approval of the content. We will keep sending content weekly until the plan and Services are cancelled in writing. In the event of this, our policy is to pause billing while the backlogged plans that were already created get approved and posted to the client’s account. At this time, the client can either cancel or resume normal billing. Client agrees to one round of edits per week of plans.
- DISCLAIMER OF WARRANTY:
BLOOMSOCIAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES (EXPRESS OR IMPLIEED) 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 hereby agrees to indemnify and hold harmless Bloomsocial and its customers, suppliers, directors, officers, agents and employees from and against any and all losses, claims, costs, damages, liabilities and expenses (including, without limitation, reasonable attorneys` fees) arising out of or relating to any breach by Client or negligence or fault of any third party relating to any of the terms of this Agreement.
5.1 Social Media Account Suspensions, Loss of Access, or Deletion – Client will indemnify and hold harmless Bloomsocial and its customers, suppliers, directors, officers, agents and employees from and against any and all losses, claims, 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.
- LIMITATION OF LIABILITY:
BLOOMSOCIAL 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 OF ANY KIND, IN CONNECTION WITH THIS AGREEMENT, EVEN IF BLOOMSOCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BLOOMSOCIAL`S LIABILITY TO CLIENT HEREUNDER EXCEED THE AMOUNT PAID TO BLOOMSOCIAL 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 CONTRACTUAL BARGAIN BETWEEN THE PARTIES AND MUST BE STRICTLY ENFORCED.
This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. This Agreement may be amended from time to time in Bloomsocial’s sole discretion. An email communication sent to Client’s last known email address will be deemed sufficient notice of any such changes under 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 Bloomsocial`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 Florida without regard to its rules pertaining to conflict of laws. Any litigation or dispute resolution related to this Agreement shall take place in the Circuit Court in Palm Beach County, Florida, 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 only will be removed 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 under this Agreement and the parties are entitled to fully enforce all terms of this Agreement.