TERMS AND CONDITIONS
This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions on which you (the “Client”) have engaged THINK BOT CREATIVE to perform certain Services as outlined herein. This is a legally binding agreement between you and THINK BOT CREATIVE. By becoming a THINK BOT CREATIVE 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 THINK BOT CREATIVE.
THINK BOT CREATIVE will provide the Services to Client as outlined on the THINK BOT CREATIVE website (www.THINK BOT CREATIVE.com). This agreement supersedes all agreements, and is shown to you when you sign up. 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 social media platforms like Facebook, Instagram, Twitter, Pinterest and LinkedIn, we will need admin access and/or login credentials to each of your pages. Additionally, we have no control over issues that may occur such as disconnections, api updates, or password changes. If you change your password, you are asked to report the change to THINK BOT CREATIVE immediately so there is no interruption in service. It is good practice to check your accounts and our work at least twice 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 THINK BOT CREATIVE liable. As long as we have access to one platform and are posting according to the schedule listed within your plan, we are fulfilling our service as described. If we have access to no platforms, we have the availability to 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 THINK BOT CREATIVE is not grounds for a refund. Keep reading for information on our cancellation and refund policies.
1.2 Facebook and Instagram Connection Requirement: If we are managing your Instagram account, both Facebook and Instagram must be integrated. Due to the API integration of our scheduling platform, Instagram has to be connected to Facebook as a business profile to schedule the weekly content.
THINK BOT CREATIVE OBLIGATIONS
2.1 THINK BOT CREATIVE will provide Services to Client in accordance with THINK BOT CREATIVE’s standard policies and procedures. THINK BOT CREATIVE reserves the right to reject Clients for any other reason, in THINK BOT CREATIVE’s sole discretion. THINK BOT CREATIVE will be responsible for all aspects of providing the Services.
2.2 All THINK BOT CREATIVE rules, policies and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and THINK BOT CREATIVE 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 can offer it, but that is at THINK BOT CREATIVE’s sole discretion.
SERVICE DESCRIPTIONS, FEES AND PAYMENT
3.1 All fees for Services provided are due and payable in full every 30 days, in advance of provision of Services. A valid credit card for payment of fees shall remain securely on file to cover the monthly recurring charges for service. If the client takes advantage of our 3 and 6 month discounted plans, they are responsible for paying for the plans in full over the 3 & 6 months selected. The credit card on file will automatically be charged every 30 days, unless we receive a cancellation notice in writing (Per our Cancellation Policy 3.4)
3.2 Initial charges for service will be paid in advance of service. Thereafter, THINK BOT CREATIVE will attempt to charge the Client’s credit card every 30 days (The attempt to charge is based on the plan/term initially selected). 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.
3.2.1 Our services are paid up front at the beginning of the month. Although the work is paid in full, THINK BOT CREATIVE is not reliable for making sure any missing work from the previous month is carried over. For example, if you choose not to utilize one of the services included in your plan, but change your decision at a later date, THINK BOT CREATIVE is not held responsible for the services you passed on. Likewise, if we are unable to complete one of the services in your plan that is out of our control, THINK BOT CREATIVE is not held responsible to make up the missing services if we have moved on to the next billing cycle. Out of our control consists of, but is not limited to: communication delays on your end, lack of approval when edits have been provided from our team, information/topics are provided by you after the given due date from our team or that is included within the Term and Conditions.
3.3 Except in the case of a material breach of this agreement by THINK BOT CREATIVE, THINK BOT CREATIVE does not issue refunds of any fees for any reason. Fees due to THINK BOT CREATIVE are not contingent upon any form of marketing results. Client is paying for time and work performed. THINK BOT CREATIVE offers credits for any true mistakes made on our side with evidence to support it.
3.4 Cancellation Policy – If at any time you wish to cancel our services, you must request this in writing and send it to the THINK BOT CREATIVE team ahead of time. Any client who signs up online and selects the month to month option for THINK BOT CREATIVE, Bushwacker, or our Bodacious plans must email support@THINK BOT CREATIVE.com 4 business days prior to their next billing cycle informing us of their cancellation. Clients with the month to month El Toro and El Gran Toro plans are required to email support@THINK BOT CREATIVE.com 15 days prior to their next billing cycle informing us of their cancellation. Failure to communicate the desire to cancel within the designated time span will require the client to finish out the term with THINK BOT CREATIVE until the following billing period. You can request an immediate disconnect of your social media accounts from our platform but you are still responsible for the payment. Due to payment processing fees and software fees THINK BOT CREATIVE absorbs, we will not be able to offer a refund if you do not submit the cancellation request as stated above.
3.4.1 All 3 Month and 6 Month plan options selected will automatically convert to month to month after the 3 or 6 months are fulfilled. Your credit card on file will continue to be billed automatically each month unless we receive a cancellation notice (Per our Cancellation Policy 3.4). If we do not receive a cancellation notice, it is assumed that you want to maintain the month to month social media services with THINK BOT CREATIVE. This is also done to avoid any disruption in your services.
3.4.2 Early Cancellation: You may choose to cancel your subscription early at your convenience provided that, we will not provide any full or partial refunds of prepaid fees or unused subscription fees, and you will promptly pay all unpaid fees due through the end of your Month to Month, 3 month, or 6 Month Subscription Term. Example, if you the client, sign up for a 6 month discounted plan and wish to cancel 3 months in, you are responsible for paying the remaining 3 months.
If for any reason you request to pause your account with THINK BOT CREATIVE, we can do so for 30, 60, or 90 days. Once the 30, 60 or 90 days are complete, your account will automatically reinstate with THINK BOT CREATIVE.
**Please Note: If our prices change during the duration of your break from THINK BOT CREATIVE, your account will be updated to pay the new price of your plan. Our clients who have signed custom contracts cannot make any modifications to their contract from the time the contract is signed until it is time to renew.
3.5 Our services officially start the day you sign up, not when we first post. You will receive a welcome email no later than 24 business hours after signing up. From there we will begin to collect your platform login credentials to get you connected to our scheduling platform. Once you have conducted your on-boarding call, your content will start the Sunday or Monday two weeks after the call. We do not charge a $250 setup fee to ensure we have adequate time to get your first week of content created and approved. NOTE, if interested, you may pay the $250 fee to ensure your content is pushed out the following week after your on-boarding call, but this must be explained to us immediately upon receiving your welcome email. If you cancel after the first month with us, we will ensure you get a full four weeks of content by posting two-weeks after your last billing date.
3.6 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 THINK BOT CREATIVE employees, unless a formal variance is confirmed and agreed to by the client and executive level management at THINK BOT CREATIVE. This includes the CEO. of THINK BOT CREATIVE.
3.7 Posting to Multiple Platforms and Missed Posts – Many of our packages 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 out 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 package pricing because the client is not utilizing their other available platform slots). We request our clients check their social media accounts twice a week not just to review content and provide feedback, but to also alert us of any possible disconnects so we can promptly reconnect. For this reason, if THINK BOT CREATIVE 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 this can be frustrating, so in the event of missed posts for any one of your profiles, we agree to reschedule the missed posts on a different date. This ensures you get a full month of service in its entirety in this unfortunate event. There will be no refunds in the event of additional profiles receiving no posts for any period of time because of this agreed upon credit.
3.9 Quality of Posting – 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, THINK BOT CREATIVE will go in and edit or take down the flawed post. We do not refund for typos or posts going out on a date 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 THINK BOT CREATIVE’s edit compensation for all incidents like the examples mentioned above. If these items are very important to you, our Bodacious plan or higher is more appropriate and will avoid any issues. Our THINK BOT CREATIVE plan, does not include post approvals.
3.10 Post Approvals & Edits – All plans receive live post approvals, where the client can review and approve content before it is posted. The Client will receive their social media mockup for the following week by Wednesdays from their social media manager. The Client then has until Friday at 12 pm EST to notify their social media managers of any edit requests. THINK BOT CREATIVE will not accept any requests made past 12 pm EST the Friday before the posts are to go live. It is The Client’s responsibility to approve their content and send their edit requests within THINK BOT CREATIVE’s timeline. The same rules apply for email approvals as they do for live post approvals, however, if the Client does not send back any edit requests or a written or verbal approval, their content will still go live the following week, with or without their approval. Posts that do not receive approval from The Client prior to going live will expire within our scheduling system. The Client’s designated social media manager will reinstate a week’s worth of expired posts a total of two times, however, if the Client regularly leaves posts unapproved, allowing them to expire for more than two week’s worth, the social media manager will stop reinstating expired content. Reinstating expired content is extremely time consuming and cannot be a regular task for THINK BOT CREATIVE’s team. When regarding social media content edits, the Client is permitted two rounds of edits from THINK BOT CREATIVE. Each “round” must include every edit the Client would like made by THINK BOT CREATIVE for that week’s content. Once THINK BOT CREATIVE has completed both full rounds of edits, THINK BOT CREATIVE is no longer responsible for any more edit requests from the Client.
3.11 You/the client agree to review your social media accounts regularly. You agree to spend 10 minutes every other week to review all of your social media accounts to ensure our posts meet your satisfaction, and no platforms are missing posts. We ask that any notes you have regarding strategy, voice, or other aspects of your social, be brought to the attention of your designated social media manager during your monthly social media strategy call. If your request is urgent, please contact your social media manager via email. THINK BOT CREATIVE is not responsible for posts missed on any platforms (due to disconnects out of our control such as API updates, changed passwords , or security lock outs), or editing/removing content that has been posted over two weeks ago, or longer. For THINK BOT CREATIVE’s clients without post approvals, we will not edit any previous posts, but we will take them down (up to 2 weeks) if you choose not to do it yourself. THINK BOT CREATIVE does not edit content that was not posted by THINK BOT CREATIVE’s team.
3.12 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 a mobile app available for Apple and Android devices. You agree to not hold THINK BOT CREATIVE liable for any ad spend paid to Facebook Inc. 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 ever even goes live. This includes competitor analysis, audit of your website and facebook page, target audience development, creative development, and so much more. 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, THINK BOT CREATIVE 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. THINK BOT CREATIVE 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, even if none of your ads are approved by Facebook, or they disable your ad account.
3.12.1 When THINK BOT CREATIVE boosts your post, it’ll show up in your audience’s Facebook News Feed as an ad. We can also select Instagram as an ad placement for your boosted post. When we boost the post, we set it up based on the following:
Who you want to reach: we will pick a target audience of the type of people you want to connect with
Your max budget: you’ll tell us exactly how much you want to spend over the course of your entire campaign each month
How long you want to run your ad: once we click Boost and your ad is approved, people in your target audience will see your ad in their News Feed for the duration we set
Boosted Post Management is included in our Bushwacker, Bodacious, and El Gran Toro plan. *Ad spend is not included. We connect to and manage your ad account, which is connected to your method of payment.
3.13 Disputes – We have signed agreements with all of our clients. If the client breaches the agreement, it will then be turned over to collections and reported to all three credit bureaus.
3.14 Less Tech-Savvy Clients – Some of our clients are 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 onboarded so we can provide the service. The connections of your accounts, explaining, training, emails back and forth, phone calls, all constitutes work on your account. Every one of our employees’ time is valuable, and once your onboarding call has been completed, there will be no full 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. You agree to a 50% partial refund.
3.15 – Business Structure and Client Communications by Phone for Social Media Management Clients: We offer online subscription based social media services. Our customer service is inbound, not outbound ( as much as we would like to, we do not “check in” in on all of our clients depending on their plan). You have a responsibility to check your social media at all levels at least every two weeks and provide feedback if needed. All account related phone calls must be scheduled unless it is an urgent matter. You can schedule your monthly strategy call with your social media manager, ppc manager, or account rep. Please take advantage of the free consultation call to ask as many questions as you like before you sign up. Once you sign up as a client, our THINK BOT CREATIVE Plan and Bushwacker plan include online support ONLY. Phone support is included in our Bodacious levels and up, or can be added on to any package for just $90. Two 30 minute phone calls a month. 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 that needs phone support, it is highly recommended you purchase a Bodacious package or higher or add on the phone support option for $90.
3.19 Projects Information – THINK BOT CREATIVE’s team will attempt to get any required information for projects (blogs, emails, ads, post boosts) a total of 2 times. On THINK BOT CREATIVE’s 2nd attempt to reach the Client, the Client will be sent a final notice email. If the Client does not respond to THINK BOT CREATIVE’s final notice email within two business days of it being sent, that project will be closed and not reopened. We will then try to gather that information for your next project.
3.20 Unused Services – If the THINK BOT CREATIVE team has attempted to provide a service to the Client that is included in their plan ( paid ad services, review management, or email marketing, etc.) and the Client has not provided what THINK BOT CREATIVE needs to perform such service, no refunds or credits will be applied to the Client’s account. It is the Client’s responsibility to collaborate with THINK BOT CREATIVE’s team to utilize every service included in their plan.
4. REFUND POLICY – Once you have paid, and filled out our onboarding questionnaire, or had your onboarding call, there are no full refunds as the back end work has already begun. If you want to cancel after submitting a survey or having your onboarding call, you agree to a 50% partial refund. Throughout this agreement, it is explained that due to the nature of working with third party platforms, disconnections, clients not checking our work in a timely manner, the fact that we offer month to month subscription based services, there are absolutely no refunds. In the event we didn’t deliver at least one post on a weekday, we agree to reschedule the post for a different date. This policy applies up to two weeks, as you agree to check your social media accounts on a bi-weekly basis.
THINK BOT CREATIVE 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 THINK BOT CREATIVE 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.
6. Social Media Account Suspensions, Loss of Access, Deletion, and Connections – Client will indemnify and hold harmless THINK BOT CREATIVE 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. 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.
6.1 THINK BOT CREATIVE uses only content provided by the client, or one of several photography databases that offer royalty free images for marketing purposes. We pay for many of these services. Regardless, Client will indemnify and hold harmless THINK BOT CREATIVE 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
THINK BOT CREATIVE 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 THINK BOT CREATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THINK BOT CREATIVE’S LIABILITY TO CLIENT HEREUNDER EXCEED THE AMOUNT PAID TO THINK BOT CREATIVE 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.
This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof. This Agreement may be amended from time to time in THINK BOT CREATIVE’s sole discretion, and the most current agreement will always be published here. An email communication sent to the 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 THINK BOT CREATIVE’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 Virginia without regard to its rules pertaining to conflict of laws. Any litigation or dispute resolution related to this Agreement shall take place in Lynchburg, Virginia, 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.
8.1 In the event of a credit card dispute, all credits, refunds, and account work will come to a stop immediately until the dispute is resolved. Resolving a dispute can take weeks, possibly months. Negotiating a fair compromise and credit will always be more favorable then filing a dispute in almost all cases. We are always happy to negotiate a favorable outcome for both parties. Due to the nature of working with third party social media platforms like Facebook, Instagram, Twitter, Pinterest, Google My Business, and LinkedIn, we will need admin access and/or login credentials to each of your pages. Login credentials can be added to the questionnaire. Additionally, we have no control over issues that may occur such as disconnections, api updates, or password changes.