Terms & Conditions - Social Media Management Agreement
The Client wishes to engage Pink Cow Social to provide social media services and Pink Cow Social accepts that appointment on the terms and conditions set out in this Agreement.
THE PARTIES AGREE:
1.1 The Client appoints Pink Cow Social to supply services including social media management in accordance with and in the manner contained in the chosen social media package.
1.2 The performance of any work by Pink Cow Social as requested by the Client will be deemed to be acceptance by the Client of the terms contained in this Agreement.
1.3 The parties expressly acknowledge and agree that no relationship of employment or partnership is created between the Client and Pink Cow Social or any employees, agents or subcontractors of Pink Cow Social.
2.1 The term of this Agreement shall commence once passwords have been received, and the 4-week advance invoice has been paid.
2.2 Three-month minimum contract is required. If a client chooses to cancel before the 3 months then the remainder of the contract must be paid out in full.
3.1 A 4 weeks’s payment is required upfront. No payment is then required until after the 4 weeks.
3.2 Payment will be set up on a weekly payment schedule through Stripe (payment gateway) and will automatically deduct weekly once the first payment of the 4 weeks is set up.
3.3 In the event any amount is outstanding to Pink Cow Social, Pink Cow Social is entitled to cease provision of the Services until such time as the outstanding amount is paid in full.
3.4 The Client agrees to pay all reasonable out-of-pocket expenses, such as Facebook Ads or stock image purchase, incurred by Pink Cow Social in delivering the Services. No Facebook Ads or stock images will be purchased without consultation.
3.5 If for any reason the Client wishes to vary the terms of the Services (upgrade or downgrade), the Client must notify Pink Cow Social in writing 5 business days prior to wanting any change to take effect.
4.1 The Client engages Pink Cow Social on a non-exclusive basis to perform the Services and Pink Cow Social may provide the same or similar services to any other person or business, including competitors of the Client.
4.2 The Client agrees and acknowledges that Social Media is only one element of its marketing plan, and while Pink Cow Social will do everything in its power to achieve great results on your social media in terms of engagement rate, followers etc, there is no guarantee of any increase in business sales or new clients and Pink Cow Social will not be held liable in this regard in any way.
4.3 All posts are required to be approved in Sked Social (social media approval tool) before anything is posted. It is your responsibility to approve the posts in Sked Social. No posts regardless of comments will be posted until the status of the post is "ready to publish."
4.4 Posts are put into Sked Social for your approval. If the posts are put into Sked Social, you are notified of this. It is your responsibility to approve your posts in Sked Social. If a post is created that is relevant at the time of that week and is not approved then the post will still come off your post allocation. The posts are scheduled & you may receive a notification from Melbourne regarding your post. Please allow.
4.5 If there are posts awaiting your approval in Sked Social and you do not approve the weekly posts yet an email is sent with updated posts for approval the post will be counted as posted.
5. CLIENT’S OBLIGATIONS
5.1 Pink Cow Social is not responsible for replying to any direct messages received unless previously stipulated in your customised agreement.
5.2 The Client will not post on the platforms in which Pink Cow Social is managing for you, other than stories to avoid interrupting the direction of the Social Media Strategy. If there is anything further to be added that you would like, you are encouraged to send an email to [email protected] advising the information you would like posted min 24hours prior to your day of content being opened for approval in Sked Social. If you choose to post stories, please advise to avoid double up. Posting of stories and feed posts will result in no analytics.
6.1 The Client will indemnify Pink Cow Social and keep it indemnified from and against all claims, demands, proceedings, suits, actions, costs, damages and expenses of whatsoever kind and howsoever arising out of or by reason of any act, neglect or default of the Client or any of its employees in connection with or in relation to the performance of the Services or any part or parts thereof under this Agreement.
7.1 Pink Cow Social agrees to complete the Services as specified by the scope agreed (Schedule A) between the parties in writing. Should the requirements of the Client change or need to be amended, or should the Client want additional contact time, Pink Cow Social may need to revise its schedule of fees and require the Client to agree to an updated Agreement reflecting these changes. Dependent upon your package, you may be entitled to a monthly phone conversation. If your package doesn’t include a regular phone conversation, you are welcome to book a call with Pink Cow Social at an additional charge.
8. INTELLECTUAL PROPERTY
8.1 The Client acknowledges and agrees that Pink Cow Social is the exclusive owner of all Intellectual Property produced pursuant to this Agreement and any material adapted therefrom.
8.2 Upon payment of all amounts owing under this Agreement Pink Cow Social assigns all rights, title and interest in the Intellectual Property produced under the terms of this Agreement to the Client.
8.3 The Client warrants that it will not provide for use by Pink Cow Social, material owned by a third party which would breach the ownership rights of a third party.
8.4 The Client agrees to indemnify Pink Cow Social and keep Pink Cow Social indemnified against any and all loss, costs and expenses (including legal costs and expenses on a full indemnity basis), demands or liability directly or indirectly arising out of the breach of the Client’s warranty in clause 8.3 and the Client shall also be liable to Pink Cow Social for the cost of modifying or replacing material so that any infringement is removed or will procure for Pink Cow Social the right to continue using the material at no cost to Pink Cow Social without delay. This indemnity shall survive the expiry or termination of this Agreement.
9. TERMINATION / DISPUTE RESOLUTION
9.1 Pink Cow Social prides itself on communication. Throughout your first two months you will receive a satisfaction survey to ensure you’re happy with the current process. You will also receive check in emails. Please answer these correctly. If there is something that you are unsatisfied with, please book a complimentary 15 minute call to discuss. It's important to follow this prior to terminating the contract.
9.2 Either party may terminate this Agreement on 4 weeks’ notice in writing to the other (provided the 3 months has concluded). Prior to termination, the dispute resolution process should be followed.
9.3 You are not entitled to terminate your contract within 3 months as results, working schedules, communication and process take time to master.
9.4 No refunds are provided, for any reason.
The following words have these meanings in this Agreement unless the contrary intention appears:
“Intellectual Property” means copyright, all rights conferred under statute, common law or equity in relation to inventions (including patents), registered and unregistered trademarks, registered and unregistered designs, circuit layouts and trade secrets. Intellectual Property includes but is not limited to source codes, documentation and application packages.
“Moral Rights” means:
a right of attribution of authorship;
a right not to have authorship falsely attributed;
a right of integrity of authorship; or
a right of a similar nature;
which is conferred by statute, and which exists or comes to exist anywhere in the world in a deliverable form.
10.2 (Survival of Indemnities) Each indemnity in this Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of this Agreement.
10.3 (Force Majeure) None of the parties to this Agreement will be in default for any non-performance or mis-performance of this Agreement by reason of fire, riot, act of God, fire, flood, war whether declared or undeclared, unavailability or delay in availability of equipment or transport of equipment as a consequence of strikes, lockout, civil disturbance, sabotage or terrorist act, and government or quasi-government restraint, expropriation, prohibition, intervention, direction or embargo resulting in unavailability or delay in availability of equipment or transport of equipment.
10.4 (Entire Agreement): This Agreement contains the entire agreement of the parties about its subject matter and any previous agreements, understandings and negotiations on that subject matter cease to have any effect. This Agreement also overrides the Client’s terms of business, and any other terms and conditions it attempts to introduce as a part of receiving Services to Pink Cow Social.
10.5 (Governing Law) The Agreement is governed by the law in force in the State of New South Wales.
Things to note:
- Content Creation involves Pink Cow Social sourcing and researching content that’s relevant to your business, target market and industry related trends, etc
The content is then written accordingly for Social Media.
- Community interaction involves commenting on people’s stories/accounts, sharing some of their feed posts, liking their content. Please note it doesn't include responding to comments unless specified in package.
- A tailored hashtag strategy is a collection of thirty hashtags that have been researched and are relevant to your business offering and your target market.
- Timing of posts is determined by research through the various tools that Pink Cow Social have available.
- Additional posts on top of your contract incur a fee of $25.00 p/ post.
- Dependent upon your social media package chosen, you are entitled to some creative tiles (story template, IG template etc). You are given a variety of options, and one change is allowed without incurring additional charges.
- Upon posts being posted in Sked Social, you are entitled to one change per post. This helps to ensure that your posts are approved and posted efficiently. Any additional posts will incur a charge.
- If you have a link in bio, it is your responsibility to make sure your links are up to date.
- Posts that are rejected will have the changes made & will be sent for review one final time.
It's your responsibility to update Pink Cow Social with images.
- You agree that the images that you are providing do not breach any copyright law.
- Please also ensure that your images are of high resolution and approved for posting.
- Pink Cow Social is invested in your business and we’re here for you. Email is the best point of contact so please email [email protected] as you will receive a quicker response.
- Pink Cow Social is available for contact in normal business hours 9AM - 5PM Monday - Friday. If you communicate outside these hours please expect a response within 24-48hrs the next business day.