This terms of service agreement “The Agreement” sets forth the terms and conditions on which the Client “client or you” have engaged Golden Digital Media “We or Us” to perform certain specific services as outlined herein in this legally binding agreement. The ‘effective date’ of this agreement shall be the date on which you submit your order for service to Golden Digital Media or “GDM”.

Service

Golden Digital Media or “GDM” will provide services to the client as outlined on the Golden Digital website Golden.Digital in the “Services” section. This agreement is in effect upon the execution by the Client or Clients onboarding and supersedes all previous oral and/or written agreements to. It is the client and client’s responsibility to read through these terms in full so that you understand what you are agreeing to.

1.When working with third-party platforms like Facebook, Twitter, Instagram, Google, LinkedIn, and other outside services, there are times when we have no control over issues that will arise such as service outages, disconnections, or password changes. The client understands that GDM cannot begin providing services like posting and curating content until at least one platform has been connected to our dashboard. Once the connection is received, GDM will begin to post content to your accounts within 3 to 5 business days. Should your password change, you are asked to immediately report the change and provide us with immediate access to ensure uninterrupted service. It is important to maintain the good practice of checking your accounts and our work a minimum of once a week, providing us with regular direction and feedback. In case there is a disconnect to any account, the client agrees to not hold GDM liable. As long as we have access to one of the platform accounts and are posting according to the agreed schedule 5 business days a week, GDM is fulfilling our service as described. If we don’t have access to any of the 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. Any missed post due to lockout by no fault of GDM is not grounds for a refund. For information regarding our cancellation policies and refunds please keep reading.

Golden Digital Obligations

GDM will provide services to the client in accordance with GDM standard policies and procedures. GDM reserves the right to reject the client or refuse service for any reason. GDM will apply all rules, policies, and operating procedures regarding privacy, pricing, customer service, and all other aspects of service. GDM may use its rules, policies and operating procedures from time to time at its sole discretion. This includes pricing, package inclusions, and more. The Client may be grandfathered into an archived product if we still offer it, and at GDM’s sole discretion.

GDM will provide services to the client in accordance with GDM standard policies and procedures. GDM reserves the right to reject the client or refuse service for any reason.

GDM will apply all rules, policies, and operating procedures regarding privacy, pricing, customer service, and all other aspects of service. GDM may use its rules, policies and operating procedures from time to time at its sole discretion. This includes pricing, package inclusions, and more. The Client may be grandfathered into an archived product if we still offer it, and at GDM’s sole discretion.

Service Descriptions, Fees and payment

All fees for services provided to the 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 the monthly recurring charges for service. The client will authorize GDM to charge the client’s credit card for the fees listed herein.

Initial charges for services will be paid in advance of any services. You agree to the setup fee specified on the website when signing up for any services. Thereafter, GDM will attempt to charge the client’s credit card on a monthly anniversary date of the client’s first ordering of our services. The Client agrees to pay the monthly management rate until the agreement is canceled or modified.Any changes that are not paid by the due date for any reason will result in the suspension of services until full payment is received by us. The suspension of services for non-payment will not result in a proration of fees. If GDM canceled for non-payment, the client will be notified by email.

Except in the case of a material breach of this agreement by GDM, GDM does not issue a refund of any fees for any reason. Fees due to GDM are not contingent upon any form of marketing results. The client is paying for the time and work of our personnel. GDM offers credits for any mistakes made on our side with evidence to support it.

Cancellation Policy – Cancellations are required to be made a minimum of 7 days in advance before the client’s next billing date by submitting a cancellation email to [email protected]. The client may not terminate this agreement prior to the second billing. After the second billing date, the client reserves the right to cancel this agreement with 7 days notice before the next billing date. The cancellation needs to be processed and confirmed by GDM. Any cancellation request sent to an employee outside of the billing department are not guaranteed. We do not issue prorated refunds for cancellations received early in a billing period, instead we will finish out the month(s) if requested (this includes any multi-month payments or plans where the client has received a discount, however we will require the discount price to be voided and be paid the difference before continuation of service). No cancellations are available within 7 days of renewal.

Continuation of work for a client with a past due balance that doesn’t cancel will result in accrued back-payments. GDM will not charge interest on back-payments. GDM will keep accurate records of all communications and work performed to justify the back-payment that is due.

GDM will officially start services on the day that you sign up and the on boarding process begins, and not when we first make a post. If the on boarding process goes beyond 4 business days because of delays caused by GDM, the client NOT giving GDM what we need, we will move your billing date to ensure you get a full month of service once you are on boarded with at least one profile.

This agreement will supersede and replace all other agreements between all parties of the same subject matter, including any agreements, directions, or claims made by GDM, unless a formal variance is confirmed and agreed to by the client and executive management at GDM including the CEO of GDM.

Posting on multiple platforms and missed posts – Many of our packages include posting on multiple platform technologies. With social media marketing practices, it is common for the accounts to get disconnected for a multitude of different reasons that are out of our control. Our price model is based on a post going on on a minimum of one channel, whereas all additional platforms are considered free additions (For example, if the client wants Facebook alone, it does not reduce our $80 package price since the client is not using LinkedIn or Twitter.) We ask that our clients check their social media accounts two times per week to review the content and provide us with feedback to alert us to any possible issues and disconnects so that we can promptly correct any issues. So, GDM is posting to at least 1 profile on 1 social media account, we agree to give the client credit for this in the form of pushing back your billing date by proportionate value of days to respective of missed post volume (up to a maximum of 2 weeks). This will ensure that the client will get a full month of service in it’s entirety in this event. There are no refunds in the event of additional profiles receiving no posts for any period of time because of this agreed upon credit.

Quality of Posting – Social Media is a very personalized service, different clients will like different things with some clients liking content that others will not like. If you want training to speed up progress on any post, Plan 3 and higher will allow the client to review a post in advance so nothing goes out without approval. If this is very important to the client, then plan three and higher is more appropriate and will help avoid these issues. For example, a plan costing $130 or under, all of the work that is done is final with no advanced review available. Typos, or a post going out on the wrong day are caused by edits being made and changing the date post are made in our software due to your revisions or changes. If this happens, we will provide you with a 5% credit based on your plan level per post issue. GDM will not refund for typos or post going out on a certain date if it was meant for another date. Even though we have a “No Typo” policy and our social media managers are penalized, you agree to accept a credit for all incidents as mentioned above.

Plan 3 and above all include content review, or plans will be made for the work to be fulfilled when the client does not respond to approve the changes to their content. Unless the plan is canceled, GDM will continue to provide services. If the client does not approve any content for a period of time longer than 1 month, GDM will automatically approve the content and post ifor a period of time. The client agrees that there will only be one round of edits per week.

The client agrees to make regular reviews of all social media accounts by spending 10 minutes every week to review all social media accounts to ensure that all of the posts that are made meet the client’s expectations and there are no missing post. GDM is not responsible for any missing post due to disconnects out of our control like passwords changing or a security lock out, or the editing/removing of any content that is two weeks older or longer. If you do not have a level 3 plan or content review, any past post will not be edited, but GDM will take down old posts up to 2 weeks old if you do not do it yourself.

GDM Seo services has additional terms and conditions that are found here: SEO Terms and Conditions

Photography, Video, Website/Landing page Work – Once the first draft of a website, 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, but once the work is done on the initial draft provided to the client, we cannot provide refunds. GDM is not a “Don’t pay unless you like it” services company due to our pricing structure.With photography, one the photo shoot is completed, and the photos are provided, you MUST select from the available photos provided, there are NO re-shoots, only editing of existing photos. The time frame to complete the photo shoot can take just weeks to almost a couple of months to complete, this depends on how long it takes the client to deliver everything that GDM needs to complete the photo shoot.The time frame to complete a website or landing page can range from a couple of weeks to months to complete the project. The timeline is affected by the client’s ability to deliver everything that is needed to complete the project. This includes access to the web host, domain, hosting, images, content, SSL and other items if needed, plus feedback within the limits of the design project.Be aware that we can extend the timeline/deadline to complete the website indefinitely with no refunds if needed when the client does not provide us with the requested items we need in order to move the project forward. There are no refunds once the work on your project has begun, in this event the client will provide GDM with everything that is needed to complete the project. The client warrants that any artwork, photos, graphics, or other intellectual property that is provided to GDM to complete the work does not infringe on another’s intellectual property rights to any other third party.
Refunds are not allowed once the work has begun on your project. The client agrees to finish the project to completion or forfeit any and all paid fees. Once final payment is made, and the revision/testing process has taken place, any future edits will need to be paid for at an hourly rate of $100. A transfer from our server to another server is $300 for each transfer. Any unforeseen technical difficulties can raise this rate. *Please note the words “video”, “landing page”,“website” design”’, “ photography”, and “website” are all interchangeable in clause

Blogs – A Blog article is between 400 to 650 words long, the actual length may vary. Once the first draft has been completed, two revisions are allowed , at which point the blog article will be considered final.

Facebook and Instagram Advertising – Like our content plans, our advertising clients will assume full responsibility for monitoring their ad spending on a bi-weekly basis (there is a phone app to monitor your ad spending). The client agrees not to hold GDM responsible for any ad spending made to Meta Inc. and its companies Facebook, Oculus and Instagram. Please be aware that social advertising is a “top heavy” service, this takes a great deal of work, planning and resources to create and develop an ad campaign for Facebook and Instagram and make it live. This includes competitor analysis, an audit of your website, Facebook and/or Instagram feed, target audience development, creative development, and much more work. This can cause a campaign to go live into the second billing period where we will optimize the ad campaign.During the optimization phase, we will work to find the best performing ad ses, enlarge or shrink the target audience, interpret the analytic, and possibly setup a new ad set. In the event of a client cancellation, and the ad campaign continues to run or is not paused during our paid retainer period, GDM can not be responsible for any ad expenditures after the client has terminated or beyond the two week monitoring period.It is a good business practice to monitor your ad spending to stay on top of your bookkeeping. GDM’s fees are not contingent upon an ad campaign’s results. There are no refunds for campaigns where the client does not take full advantage of all services included in the package they have purchased. Any delays caused by a Facebook ad rejection lasting 7 days or more will result in a credit being issued that will correspond with the length of the delay to the campaign’s start date in the form of the moving back the billing date. This is the only situation where we will move back the billing date. There are no refunds whatsoever, even if none of your ads are approved by Facebook, or they disable your ad account.

White Label/Resellers – All terms and conditions within apply to any customer. Resellers must pay for services in advance for service for their clients, the reseller is solely responsible for collecting payments from their customers. If a reseller’s customer does not pay, we will not give a refund for the services rendered. It is the responsibility as a client reseller to alert GDM as soon as possible for any customer of yours that is canceling. If you fail to alert us of a cancellation in the proper method as specified in the agreement, we will continue to render services . You will be full responsible for the payment of all services rendered with no refund being issued once the client has been on boarded. The reseller is responsible for maintaining, managing and facilitating communications between your clients and GDM in a timely manner. Delays in communications can cause problems, and will not issue a refund for things like missing posts from disconnects that are older than 2 weeks. The reseller is responsible for reviewing the social content and connection as indicated in this agreement.

Disputes – We have signed an agreement with our customers. We will vigorously fight if the client breaches the contract. Your account will then be turned over to collections and will report you to all three credit bureaus.

Cloud Campaign – Any client who has created Cloud Campaign, and then canceled needs to be aware that we have to pause your service immediately until we can on board you onto our platform. If you choose to cancel your existing Cloud Campaign account without giving us notice and don’t wish to continue with your GDM service, the client will forfeit the remainder of your monthly fee and the time we have spent on our business.

Business structure and client communications by Phone – GDM is an online subscription social media agency not a full service marketing firm or ad agency. We provide inbound customer service to our clients, not outbound (we do not “check-in” on our plan 1 to 3 clients. The client has the responsibility to check all of their social media accounts at all levels at least every two weeks and provide us with feedback if it is needed. All phone calls that are made are the responsibility of the client and must be scheduled in advance with your social media manager and agreed upon in advance. Once the client has signed up, plans 1 to 3 include online support ONLY. Phone support is available for Plan 4 services or can be added for just $98 per month. There will be two 30 minute calls each month. The time involved in taking all phone calls for customer service is not possible at the price point of our services to meet our margins and run a successful business. If you are the kind of person who needs to resolve issues over the phone, we recommend that you sign up for a Plan 4 package or add a phone support option at $98 per month.

Make sure that you understand our phone support policy.

Warranty Disclaimers

Refund Policy – After the client has paid for our services and completed a service agreement, there are no full refunds. In this agreement, we have explained that due to the nature of the work that is involved on working with third party platforms, disconnections, the loss of service, clients not checking our work on time, we are a month-to-month subscription service (not a full service agency), and the client is only committing to one month, there are absolutely no refunds. In the event that GDM does not deliver at least one post per weekday, the client agrees to accept a credit in the amount of the value of the post. This policy applies up to two weeks with the client agreeing to check their social media bi-weekly. GDM makes no guarantees of the performance, results, or quality.

GDM expressly disclaims any and all warranties regarding or related to this agreement, services, any materials, or assistance that is provided to the client, express or implied, including without limitation to the warranties of merchantability, course of performance or dealing, trad practice, title, non-infringement and fitness for a particular purpose.

Indemnity
The client will indemnify and hold harmless GDM and it’s customers, directors, officers, agents, consultants and employees from and against any and all losses, cost damages, liabilities and expenses, including, without limitation, reasonable attorneys’ fees arising out of or related to any breach by the client of any terms of this agreement. The client agrees to indemnify and hold GDM Harmless from any claims arising from GDM’s use of any artwork, graphics, or other intellectual property including attorneys’ fees to the extent that the client provides assets like stock images, artwork, and etc. that GDM will utilize in the posts, the client assumes liability and indemnifies GDM against any claims arising from such use.

Social Media account suspensions, loss of access or deletion
The client will indemnify and hold harmless GDM and it’s customers, suppliers, directors, officers, agents, consultants and employees from and against any ad all losses, cost, damages, liabilities and expenses including without limitation, reasonable attorneys’ fees arising out of or relating to any issues with social media account suspension, copyright issues, accidental loss of access or deletion, or any other issues with regarding to third-party platforms. Reasons the client may experience a social media account suspension or disablement include, but are not limited to, the use of bots or plugins that do not abide by the social media platforms TOS, creating a personal account as a business, not verifying your account (for example, not verifying your account with a email address or mobile phone.), personal accounts should have a profile of a real person, not a logo, and be treated like a person not a business. A social media business page serves the purpose of representing the business, not an individual. It is required that the client login to their social media accounts regularly at least every two weeks, and at least once per month to ensure that they stay active and don’t get flagged from sources posting to the client’s accounts regularly without the client ever login in. Logging in and checking the account regularly is the client’s responsibility, the same clause applies to a reseller’s client as well as the reseller who has asked them to sign the contract.

GDM uses only the content provided by the client, or one of several photography databases that offer royalty free images for marketing use. GDM pays for many of these services. The client will indemnify and hold harmless GDM and it’s customers, suppliers, directors, offers, agents, consultants, 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 the client’s social media accounts that result in any claims of copyright infringement. The client agrees to assume full responsibility for the content posted to their accounts.

Limitation of liability

GDM shall not be held liable to the client or person claiming through or under client for any losses of profit, or income, or other indirect, consequential, incidental, or special damages, whether in an action for or thorough in connection with this agreement. Even if GDM has been advised of the possibility of such damages. In no event shall GDM’s liability to the client hereunder exceed the amount paid to GDM 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.

Miscellaneous

This agreement constitutes the entire understanding and agreement of the parties with respect of the subject matter hereof. This agreement may be amended only by a writing signed by both parties. An email communication sent to the Client’s last known email address will be deemed sufficient notice of any such changes to this agreement. This agreement shall be binding upon and inure to the benefit of the parties’ successor and permitted assigns; provide however, that the client may not assign this agreement in whole or in part without GDM’s prior written consent and any agreement by the 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 Nevada without regard to its rules pertaining to conflict of laws. Any litigation or dispute resolution related to this agreement shall take place in Clark County, Nevada, and the parties hereby consent to the jurisdiction of the state and federal courts located herein. Except as otherwise expressly set forth herein, any notice required or permitted to be given under this agreement shall be held by a court of competent jurisdiction to be unenforceable, that provision will be served 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

Credit card Disputes

All charges made to the client’s credit card on file shall be presumed accurate unless disputed in writing within 15 days of the billing statement issue date of the client’s credit card. In the event of a credit card dispute, all credits, refunds, and account work will come to a halt until the dispute is resolved. Resolving a dispute can take one to three months, sometimes longer because of COVID-19. Negotiating a fair compromise and credit will always be more favorable than filing a dispute in almost all cases. We are willing to negotiate a favorable outcome for both parties involved.

GDM Social Services Agreements