Social Media Agreement

(Last Updated: Wednesday 15th January, 2020)

Content Marketing & Social Media Services

The terms in which Evolution Design Agency provide Social Media Management, Consultancy and/or Social Media Advertising Management are set out in this agreement and the Evolution Design Agency general Terms & Conditions (as varied from time to time).

The current version of Evolution Design Agency’s general Terms & Conditions is accessible at www.evolutiondesign.com.au/terms-and-conditions which prevails to the extent of any inconsistency with the Content Marketing & Social Media Consultancy Terms & Conditions.

In this Agreement the following words have their corresponding meanings:-

Agreement / Terms and Conditions means your agreement with us as contained in this document (as may be modified from time to time).

I, You, Your / Account Holder means the person or company named as the client in this Agreement and (where applicable) the website or business that you have authority over.

We / Evolution Design Agency is us, your Social Media Management, Consultancy and/or Social Media Advertising Management team

Acceptance

By placing an order with Evolution Design Agency you agree to of Evolution Design Agency’s general Terms & Conditions is accessible at www.evolutiondesign.com.au/terms-and-conditions. Placing an order verbally, in writing or via email communication will be deemed acceptance of these terms and conditions. Verbal instructions are accepted on the basis that Evolution Design Agency will not be held responsible for any error that may arise. Cost estimate, quotes, agreements or orders are deemed as accepted upon proceeding communication, written, signed, received verbally or digitally communicating the commencement or continuance of aforementioned work.

Content Marketing & Social Media Consultancy Terms and Conditions 

  1. Evolution Design Agency will provide the Content Marketing, Social Media Management and/or Social Media Advertising Management (as proposed on your formal estimate) to you (‘the Client’) for a period of:
    • 1 month planning, audit, set-up and strategy development
    • 3 month social media management consultancy service.
  2. For the purpose of this agreement, Content Marketing, Social Media Management and/or Social Media Advertising Management will be referred to as ‘Social Media Services’
  3. The service commences on the date this agreement is submitted by you (‘the Client’) or the date of your first invoice, whichever is earlier.
  4. Unless Evolution Design Agency receives written communication to inform us that the you you (‘the Client’) intends to cancel their contract, it will continue on a month-to-month basis until otherwise communicated.

Accessibility

5. The Client hereby agrees to do all things reasonably necessary to enable Evolution Design Agency to provide Social Media Services. This includes:

a). providing access to social media account/s held by you (including authorisation to add Evolution Design Agency staff to your Business Manager account, granting administrator privileges, as well as any passwords & usernames upon request) on the nominated social media platform/s;

b). providing access to any third-party apps or extensions required (including schedulers); Often the most popular times to post (and reach a wider audience) on social media is in the evening and on weekends. Therefore, your posts will be scheduled to automatically post at these popular times to give you the greatest reach possible and be most beneficial to you.

c). verification codes and API keys, if/when required;

d). if necessary, granting permission to create new social media account/s and profile/s on the nominated social media platform/s under your name and to accept third party terms on your behalf in order to set up those accounts (and you understand that you will be bound by any third party terms that are accepted on your behalf);

e). granting permission to edit and contribute to your social media account/s on the nominated social media platform/s, including to make posts and create pages or channels, send e-marketing campaigns, consistent with your social media strategy;

f). providing content to use in respect of your social media profile/s on the nominated social media platform/s; and

g). cooperating with our requests.

h). Facebook & Instagram:

i) New Facebook pages can be left unpublished until approved if requested. For published pages all changes are instant.

ii).Once approved, your Instagram channel will be set up and instantly live.

iii). The Client must provide all content before management begins (brand assets, style guide, images, etc).

iv). Where images need to be sourced or brand assets need to be created or manipulated, this may be at an additional charge. We will notify you beforehand.

v). If existing accounts are discovered which we are not made aware of at briefing, or any issues identified, or if troubleshooting is required to get access, extra charges may apply at a rate of $130+gst per hour.

vi) The starter management package is based on 4.5 hours work per month. If the scope changes from the brief, or additional requests for items not included are made and hours exceed this, Evolution Design Agency reserves the right to charge additional fees at a rate of $130+gst per hour

vii). Evolution accepts no responsibility for changes by the social media networks post-handover of the accounts which may impact on the design and/or functionality of your accounts. We will however, be happy to assist you at an hourly rate of $130+gst to make modifications.

viii). We will make recommendations for the addition of social media icons and feeds on your website, though you will need to liaise with your web developer to have this implemented. If you require our assistance with implementation, we are happy to assist at a cost of $130+gst per hour.

i). Upon cancellation of the 3-month agreement, access to the Clients social media pages (including usernames and passwords) are expected to be revoked by the Client.

Social Media Advertising

6. You will be required to establish Business Manager and have an existing Ad Account with Facebook prior to commencing. We can send you a ‘how to’ procedures if required.

a). The starter package is based on 4.5 hours work per month. If the scope changes from the brief, or additional requests for items not included are made and hours exceed this, EDA reserves the right to charge additional fees at a rate of $130+gst per hour

b). The Client must provide all content before management begins (brand assets, style guide, images, etc).

c). Where images need to be sourced or brand assets need to be created or manipulated, this may be at an additional charge. We will notify you beforehand.

d). Any databases you provide for upload must have been obtained in compliance with current anti-spam legislation. We will not be held responsible for databases provided to us by your company.

e). Price is monthly and fees are payable at the commencement of each month for the month in advance. Non payment may result in cessation of services. This does not include the budget to Facebook. Budget to Facebook would be deducted from your credit card and is subject to Facebook’s billing cycles.

f). 3 month minimum commitment period.

g). minimum 1 month notice of cancellation of contract, regardless of conclusion date / 3 month trial

Social Media Management

7. Upon commencement of this service, there is generally a 4-step process before content posting on the social media platforms can commence:

Step 1 – Strategy. This includes an introduction and general discussion around how social media can assist in meeting your own specific business needs, identifying goals, developing your ideal audience, defining your brands personality and how you wish to be portrayed online.

Step 2 – Establish. This includes the establishing of your accounts and profiles, set-up and design of relevant social media pages. At a minimum, your profiles will be reviewed to ensure they have been set up adequately. You are then required to provide content (photo bank, logo, and relevant content). Evolution will present your digital strategy and a recommendation for your management package for your approval and sign-off.

Step 3 –Manage. Your ongoing Social Media Services package is confirmed. All contracts must be signed and payment for the first 2 months (1 month in advance) received prior to commencing.

Step 4 – Commencement. Planning, and the content creation of all posts is presented to you for your review and sign-off. Scheduling and posting then commences.

Monthly billing will continue, regardless of whether your first post has been published or scheduled.

Reporting and feedback

8. Evolution Design Agency may use the marketing we design for you and/or your monthly statistics for analytical and promotional purposes, if this is included in your package. Where we use this data in our promotional activities, we may identify you and your participation.

Guidelines for Partnership

9. The Client or their representative is required to avail themselves for a weekly 15–20-minute phone-call/meeting (if required and included in your package) with Evolution Design Agency. This is to ensure a consistent communication mechanism is in place and is key to delivering real-time value to your social media audience.

10. The most appropriate social media platforms(s) will be recommended by Evolution Design Agency, and the most appropriate split of posts for the chosen platform(s) will be documented in your strategy in accordance with your package.

11. The management of customer conversations/responses including replying to comments or ‘Inbox Messages’ on the Clients social media pages will be undertaken by the Client.

12. The following services will not be provided by Evolution Design Agency (unless stated) as part of your package:

    • Posting Instagram or Facebook ‘Live’ videos
    • Liking other’s Posts
    • Commenting
    • Endorsing (exclusive to LinkedIn)
    • Replying to Comments or Inbox Messages.

If the Client wishes to grow their following further, it is recommended they participate by completing these tasks, in accordance with their brand message and in alignment with the brand personality and content plan.

Agreement guidelines

The following guidelines apply to Evolution Design Agency’s service –

13. Your first invoice in respect of your Social Media Services will cover the first monthly fee for planning, audit, set-up and strategy development. Payment for this phase is required upfront.

14. Your second invoice will be issued immediately after the strategy development phase (providing there are no delays in the set-up phase) for your monthly consultancy fee for month 2,and 3. Payment for this phase is required upfront. You must pay Evolution Design Agency by the due date specified on each invoice, or your schedule will be delayed until payment is received.

15. Our payment terms are 7 days from date of invoice. Evolution Design Agency will not commence the next month of work if the previous month has not been settled by the Client.

16. During the first month’s strategy development phase the Client can make a judgment on the level of service, expertise and detailed strategy presented by Evolution Design Agency. And if your expectations are not fully met (where you’ll be the sole arbiter of that), then you may cancel the 3-month agreement and walk away – but nonetheless, retain all the work undertaken to date.

17. Unless Evolution Design Agency receives written communication to inform us that the you (‘the Client’) intends to cancel their contract after the 1-month strategy period or after the 3-month management period, it will continue on a month-to-month basis until otherwise communicated.

Evolution Design Agency will ensure:

18. Your brand, products and services and customer relationships are dealt with in a professional and ethical manner when making posts on behalf of your business.

19. Posts will not contain words and/or illustrations that are vulgar, obscene, offensive or illegal.

20. We will also attempt to ensure posts, updates and conversations managed by Evolution Design Agency do not contain material which is likely to be, having regard to the contemporary attitudes of Australian society, unsuitable for or harmful to those under 18 years of age, or offensive to reasonable adults.

Liability

21. Establishing a social media presence and initiating a two-way conversation between your organisation and the public can have unintended consequences on your organisation. Should this occur, you hereby waive the right to hold the Evolution Design Agency and their consultants responsible for any damage and/or liability that may arise as a result of our actions on behalf of you and your organisation.

22. If at any time you do not agree with the actions taken by Evolution Design Agency on your behalf, then you must notify Evolution Design Agency in writing. If/when Evolution Design Agency receives such notification, we will post a retraction and apology across all related social media platforms within 24 hours.

23. In the event the automated scheduling fails your post may not be published, or your mail-out may not be sent. In this instance Evolution Design Agency and their consultants will not be held responsible for any damage and/or liability that may arise as a result of any failed posts or mail-outs. Evolution Design Agency will post, or reschedule as soon as this comes to our attention.

24. Any databases you provide for upload must have been obtained in compliance with current anti-spam laws. Evolution Design Agency will not be held responsible for databases provided to us by your organisation.

25. You acknowledge that Evolution Design Agency will do their best to advocate for you and represent you on Social Media, we don’t own these platforms or have any priority assistance granted to us. Therefore in the event a platform releases updates or changes it’s functionality, access levels and/or privileges, methods, usage rights and terms and conditions you acknowledge this is outside of Evolution Design Agency’s control and will not hold us liable.

26. The Client acknowledges it is their responsibility to keep themselves informed of, and comply with, each independent social media platforms terms of service.

General

27. The terms and pricing of this Agreement are confidential.

Your Details: 

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