Level 7 Social

Terms

Level 7 Social Terms of Service

 

This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions on which you (the “Client”) has engaged Level 7 Social to perform certain services as outlined herein. This is a legally binding agreement between you and Level 7 Social. By becoming a Level 7 Social 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 Level 7 Social.

 

  1. SERVICES

Level 7 Social will provide Services to Client as outlined on the Level 7 Social website (www.level7social.com). This agreement supersedes all agreements and is shown to you when you sign up, for you to sign and agree to. It is your responsibility to read through these terms in full so you fully understand what you are agreeing to. 

 

  • 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. If you change your password, you are asked to report the change to Level 7 Social immediately 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 with 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 Level 7 Social liable. As long as we have access to one platform and are posting according to schedule (5 weekdays a week), we are fulfilling our service as described. If we don’t have access to any 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 lockout by no fault of Level 7 Social is not grounds for a refund. Keep reading for information on our cancellation and refund policies.
  1. LEVEL 7 SOCIAL OBLIGATIONS

2.1 Level 7 Social will provide Services to Client in accordance with Level 7 Social`s standard policies and procedures. Level 7 Social reserves the right to reject Clients for any other reason, is Level 7 Social’s sole discretion. Level 7 Social will be responsible for all aspects of providing the Services.

2.2 All Level 7 Social rules, policies, and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and Level 7 Social 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 Level 7 Social’s sole discretion. 

 

  1. 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. Services are offered at a discounted rate in exchange for a term commitment. The Client is responsible for full payment of the term of service.

3.2 Initial charges for service will be paid in advance of service. Thereafter, Level 7 Social will attempt to charge Client’s credit card on the monthly anniversary date of the client’s first ordering services. 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 Except in the case of a material breach of this agreement by Level 7 Social, Level 7 Social does not issue refunds of any fees for any reason. Fees due to Level 7 Social are not contingent upon any form of marketing results. Client is paying for time and work performed. Level 7 Social offers credits for any true mistakes made on our side with evidence to support it. 

 

3.4 Cancellation Policy – Cancellations are generally not allowed by Level 7 Social except under extreme exceptions determined by Level 7 Social. Any cancellation request must be made in writing via electronic mail to admin@level7social.com.  Services are provided at a discounted rate of service in exchange for a set contract term period. Cancellation will be determined on a case-by-case basis. No prorated or refunds will be associated with any cancelation.

 

3.5 Continuation of work on a client that is passed due who did not cancel will result in accrued back-payments due, but we do not charge interest. We promise to keep accurate records of all communication and work performed to justify the back payment due. Any account that is more than two weeks past due, will result in hibernation in which services will not be rendered until payment in full is received. The Client is still responsible for the full lent of the term of service.

 

3.6 Our Services officially start the day you sign up and we begin the onboarding process, not when we first post. We do not charge a setup fee for this very reason. This setup work and onboarding fee is included in the monthly payment. If onboarding goes beyond 4 business days because of Level 7 Social’s delay 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 Level 7 Social employees unless a formal variance is confirmed and agreed to by the client and executive level management at Level 7 Social LLC.

 

3.8 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 $197 package pricing because the client is not utilizing LinkedIn or Twitter). We request our clients check their social media accounts twice a week not just to review content and provide feedback, but to also alert of us any possible disconnects so we can promptly reconnect. For this reason, if Level 7 Social 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 give you credit for this in the form of adding an additional posts to your missed profiles or in the event of all platforms being missed, we will push back your billing date by a proportionate value of days respective of missed post volume (up to a maximum of two weeks). 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 – social media is a very personalized service, what some clients like, others do not. All our 12-month term packages will allow you to review the posts in advance. Our Next Level and above packages will allow you to ensure that nothing goes out without your approval. If these items are very important to you, Our Next Level or higher is more appropriate and will avoid any issues. For packages that cost $197 or under, all work is final, there is no review. If there are typos, 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 a credit of 5% not to exceed 3 credits per billing cycle. 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 a credit for all incidents like the examples mentioned above.

 

3.10 Next Level and above 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. This is called a forced approval and will be done by Admin to ensure the appropriate number of posts are published as per the content contract. If a client fails to approve content for any period of time, our policy is to begin automatically approving posts after a period of one month. The client agrees to one round of edits per week per post of their chosen plan.

 

3.11 You agree to review your social media accounts regularly. You agree to spend an appropriate about of time every other week to review all of your social media accounts to ensure our posts meet your satisfaction, and no platforms are missing posts. Level 7 Social is not responsible for posts missed on any platforms (due to disconnects out of our control like changed passwords or security lockouts), or editing/removing content that has been posted over two weeks ago, or longer. If you are not using a Next Level or higher plan’s content review, 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.

 

3.12 Level 7 Social’s Creative Services has additional terms and conditions that will be administered upon the use of such service.

 

3.13 Creative Services Video, Photography Work – Once the first draft of photos or video is created and delivered to the 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 creative service description agreements provided), but once the work is done on the initial draft provided to the 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

The project. Please note that we can extend deadlines indefinitely with no refunds when a client doesn’t deliver the items we need in order to move forward on the project. In this event, you agree to get Level 7 Social everything it needs to complete the project. 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 has taken place, any future edits will need to be paid for at our hourly rate of $157.

 

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 Level 7 Social 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 (easily 30-40 hours of work). This can cause a campaign to go live in the second billing period when 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 client cancellation, and the ad campaign continues to run or is not paused by request during our paid retainer period, Level 7 Social cannot be responsible for advertising expenditures after a client relationship has terminated or beyond the two-week monitoring period. This is a good business practice to monitor ad spending especially if you’re staying on top of your bookkeeping. Level 7 Social 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 the 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 Facebook, or they disable your ad account.

 

3.15 White Label/Resellers – All terms and conditions within apply to any customer you as a reseller should bring in. We recommend using ours as a template and having your clients sign a similar document. Resellers must pay for services in advance for services for their clients, and the reseller is solely responsible for collecting payment from your customer. If your customer doesn’t pay you, we will not refund you for the rendering of services. It is your responsibility as the client reseller to alert us as soon as possible for any customer of yours that is canceling. If you fail to alert us to the cancellation in the proper method as described in this agreement, and we continue to render services, you will be fully responsible for the payment of services rendered, and there is a no refund policy once a client has been onboarded. It is also the reseller’s responsibility to manage and facilitate client communication between your client and Level 7 Social in a prompt manner. Delayed communications can cause many problems, and we will not refund for things like missed posts from disconnects that are older than 2 weeks old (as you have the responsibility of reviewing the social content and connection as described in this agreement). But we do have our credit policy.

 

3.16 Disputes – We have signed agreements with all of our customers. These services are provided at a discounted rate in good faith that you will uphold your term commitment. Failure to do so will result in your account being turned over to collections and we report to all three credit bureaus.

 

3.17 Non-Technical Clients – Some of our clients are just not experienced in using computers, 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. This connecting, explaining, back and forth emailing, phone calls, all constitutes work on your account. Every employee tracks their time. In the unlikely event that we spent longer than 30 minutes working to onboard your account, there will be no full refund if you decide to cancel. You still, of course, have the option to continue and finish your service term. But simply giving up because you’re frustrated does not erase the amount of work and time we have spent on your business. If you feel that you no longer want to use our services, please refer to our cancelation policy 3.4.

 

3.18 If you join as a Cloud Campaign client (where you create your own Cloud Campaign account), 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 Level 7 Social service, you will still be responsible to fulfill your term commitment.

 

3.19 Business Structure and Client Communications- 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 clients). 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 are your responsibility to schedule calls proactively with your Social Media Manager. Once you sign up as a client, we offer online support for all plans. Our Next Level and Level 7 Plans include a monthly strategy meeting. This is a 45 min phone call that you must schedule with your Dedicated account Specialist. It is the Client’s responsibility to schedule these calls each month. Our account specialist handles many different accounts and can be expected to manage to handle each clients’ availability. Any other support-related questions should be directed via our website at www.level7socal.com/support.

 

  1. WARRANTY DISCLAIMERS

4.1 REFUND POLICY – Once you have paid, and completed a service agreement there are no full refunds. Throughout this contract, 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 providing these services at a discounted rate in exchange to a term commitment from you.

 

4.2 – LEVEL 7 SOCIAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING OR RELATED TO THIS AGREEMENT, THE SERVICES OR ANY MATERIALS OR ASSISTANCE PROVIDED TO THE 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.

  1. INDEMNITY
    The Client will indemnify and hold harmless Level 7 Social and its customers, suppliers, directors, officers, agents, subcontractors, 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.
  2. Social Media Account Suspensions, Loss of Access, or Deletion  – Client will indemnify and hold harmless Level 7 Social and its customers, suppliers, directors, officers, agents, subcontractors, 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 platform 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 log in 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 Level 7 Social 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 Level 7 Social 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. The Client agrees to assume full responsibility for the content posted to their accounts.

 

  1. LIMITATION OF LIABILITY

LEVEL 7 SOCIAL SHALL NOT BE LIABLE TO THE CLIENT OR ANY ENTITY OR PERSON CLAIMING THROUGH OR UNDER THE 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 LEVEL 7 SOCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LEVEL 7 SOCIAL LIABILITY TO THE CLIENT HEREUNDER EXCEED THE AMOUNT PAID TO LEVEL 7 SOCIAL BY THE 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. THE 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.

  1. CREDIT CARD DISPUTES

In the event of a credit card dispute, all credits, refunds, and account work come to a halt until the dispute is resolved. Resolving a dispute can take one to three months, sometimes longer because of COVID. 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.

 

  1. FULL AGREEMENT

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 Level 7 Social’s sole discretion, and the most current agreement will always be published here. 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 the Client may not assign this Agreement, in whole or in part, without Level 7 Social’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 Louisiana without regard to its rules pertaining to conflict of laws. Any litigation or dispute resolution related to this Agreement shall take place in Lafourche Parish, Louisiana 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.