TERMS & CONDITIONS
Catherine Cuningham, Owner, Vivid Social Media Management
Office Phone: 252-562-0741
Policies & Procedures effective 3/2019
As a Vivid Social Media Management customer, you agree to the following policies and procedures. A signature from you, the client, or an authorized representative of Vivid Social Media Management is not necessary to invoke these policies or procedures. Accepting a quote, making any form of payment or accepting services from Vivid Social Media Management implies your consent to follow the policies and procedures as listed below.
Auto-billing: Invoices are sent from Vivid Social Media Management (payable via Paypal) to request payment for your services. A valid credit or debit card must remain on file and the pre-approved amount will be automatically deducted from the card associated with your billing account on the day you are scheduled to pay. If you are unable to pay your designated amount on your scheduled pay date, you must notify an authorized Vivid Social Media Management team member at least three (3) days prior to your scheduled pay date. Failure to notify a Vivid Social Media Management team member, update a payment method or reschedule your pay date will result in immediate restriction on your account including removing access to any documents, software or information related to your services. Failure to bring your account up to date within five (5) business days of a failed auto-bill payment will close your account and forfeit any payments made towards your service. Your monthly billing cycle begins on the date on which you complete your first payment, and all monthly services will begin on that date of each subsequent month.
Change in scope of work (adding a new service): If you are an existing Vivid Social Media Management customer with an open order/service and would like to add a new service to your account, you will receive a new quote for your additional service. This additional service will be treated as an add-on and will not be combined for discount or promotional purposes. Additions to your scope of work will increase the amount you pay (auto-bill or reoccurring invoices included).
Change in scope of work (deleting an existing service): If you are an existing Vivid Social Media Management customer with an open order/service and would like to delete an existing service on your account, your account will be immediately adjusted to accommodate this change. You will immediately lose access to any software, documents or information related to the recently deleted service.
Circumvention: Vivid Social Media Management employs freelancers and entrepreneurs (known as team members) to provide some of its back-end operations. These team members are qualified and committed to providing a stellar level of service for Vivid Social Media Management and building their independent businesses. As a client of Vivid Social Media Management, you may contact one of our freelancers independently to work on a project that is not currently assigned, earmarked or designated for Vivid Social Media Management. Should you decide to use one of Vivid Social Media Management’s team members for an independent project, you are releasing Vivid Social Media Management from all liability, terms, arrangements, financial obligations, schedules, communication, delivery products, services, marketing and legal remedies associated with you, your company and the independent freelancer/entrepreneur. Vivid Social Media Management will not mediate or participate in any grievances associated with your independent project. You will hold the freelancer completely responsible for their contributions to your project independently of Vivid Social Media Management.
Confidentiality: Vivid Social Media Management respects your privacy and requests for confidentiality. Your information will not be shared with anyone outside of Vivid Social Media Management without your written consent. All communications, services, account related activity, billing/payment information is held in strict confidentiality and will be encrypted and stored to enhance your privacy and protection. Your information will never be sold to third party companies or be compromised in any way that would affect your integrity and Vivid Social Media Management’s commitment to you, the client.
Communicating with our clients: Vivid Social Media Management aims to provide stellar customer relationship management and communications efforts with our clients, partners, colleagues and associates at all times. If a conflict arises, Vivid Social Media Management will work diligently to resolve the matter amicably and in a timely manner. To aid in proper communication, we ask that clients respect our office hours, policies, procedures, services, service descriptions, rates and team members. In addition, we have implemented the following communications requirements:
Please allow up to two business days to receive a response from one of our team members. We will do our best to immediately confirm receipt of your written (email and postal mail) requests once we receive it. Please take into consideration our office hours when expecting a response to your inquiry.
Please do not communicate with us about your account, services or billing arrangements via any of our social media profiles. We invite respectful and cordial communication about testimonies or general inquiries via social media. However, for more personal or detailed matters, please use our email address or phone number to communicate with us.
Please consider your tone, word choice, attitude or behavior when communicating with anyone on the Vivid Social Media Management team. Disrespect, profanity, racist or homophobic commentary, prejudiced, discriminatory, sexist or religious bias will not be tolerated. If you violate any of these terms, your account will be immediately canceled and you will forfeit all payments made to Vivid Social Media Management or services from Vivid Social Media Management. Depending on the nature of your communication, you may be banned from working with Vivid Social Media Management indefinitely.
Discounts: Discounts are given at the discretion of Vivid Social Media Management. Please note, you will only be approved for discounts/promotions which you are eligible to receive. All discounts will be approved prior to starting your service with Vivid Social Media Management and will be detailed on your quote. No customer is eligible to receive multiple or conflicting discounts on any one service. Discounts may not be combined. Discount may not be transferred to another person or company. Discounts may be voided with your quote if they are not redeemed when your quote is issued or set to expire. Once a quote with an applicable discount has expired, it will not be renewed.
Intellectual Property or Proprietary Information: You may not use or reference any Intellectual Property (IP) or proprietary information that Vivid Social Media Management owns and/or claims rights to. This includes logos or graphic representations (letterhead, brochures, business cards, pictures/images, websites, social media banners/profile pictures, flyers, characters, symbols, patterns, designs), written content (words, tables, charts, infographics). If you would like to use or reference any of this information, you must obtain written consent from the owner of Vivid Social Media Management prior to implementing this information. Vivid Social Media Management may request a full and finalized version of the information you wish to include Vivid Social Media Management’s IP or proprietary information in. Vivid Social Media Management should be allowed up to thirty (30) days to review your information and make a final decision. If we determine that Intellectual Property compensation needs to be awarded to Vivid Social Media Management prior to permitting the use of our IP or proprietary information in your work, we will request the amount we are seeking, in writing. If the requesting party is unable to fulfill the financial award requested by Vivid Social Media Management, we reserve the right to review any counter offers or reject the request altogether.
Content created expressly for you under the terms of your service contract is excluded from this stipulation, as it belongs to you in perpetuity upon payment receipt and delivery of said content.
Office hours: Vivid Social Media Management operates with the following schedule:
Monday through Friday: 10am-6pm Eastern Standard Time (EST)
Saturdays: By paid appointment only: 10am-1pm Eastern Standard Time (EST)
Vivid Social Media Management closes to observe the following holidays/occasions: New Year’s Day, Inauguration Day, Birthday of Martin Luther King, Jr., Memorial Day, Independence Day, Labor Day, Founder’s Birthday (January 24), Veterans Day, Thanksgiving Day, Christmas Day, New Year’s Eve. If you have a project that is due during a scheduled off-day/closing, your work will be delivered prior to the off –day (pending your payment) or discussed with you prior to the due date. Pre-approved scheduled posts will still be auto-posted on off-days/closings. Rush services will not be delivered on off days/closings.
Post Suspension: In the event of a large-scale disaster, tragedy, or catastrophe, automated posting will be paused until Vivid Social Media Management can reach you to determine the best public response from your brand.
Online collaboration suite: All VIP customers and agency clients are required to maintain an online collaboration portal with Vivid Social Media Management. All other clients may receive an online collaboration portal if Vivid Social Media Management deems it necessary to maintain their account. Access to the online collaboration portal will be included in your service for the duration of your service. It is imperative that all communications be conducted within that portal to assist with meeting the complexity or confidentiality of your project. In addition, all files (documents, images, etc.) should be uploaded in the online portal to maintain confidentiality and accountability. Vivid Social Media Management will not be held responsible or accountable for any communications, files, documents or information transmitted outside of the assigned online portal. Failure to meet the financial obligations of your account will suspend access to your online collaboration portal. Once suspension on your online collaboration suite has occurred, you will immediately lose access to any software, documents or information related to your service.
Payments: Services must be paid in full to begin your services. Payments can be made online via an electronic invoice submitted by Vivid Social Media Management.
Payment to Start Services: All services require payment. Barters or exchange are not accepted at this time without express written agreement from Vivid Social Media Management. Payment can be made via electronic payment (credit cards, debit cards and e-checks). We are unable to accept mailed (paper) checks at this time. All electronic checks must be cleared prior to rendering any services. Payments must be received prior to the onset of any project or assignment. Payments should be made in full to secure your service. If payment is not received, your assignment will be placed on hold or delayed until an approved arrangement has been made.
Quality of work: Vivid Social Media Management provides 100% custom and original content to meet your needs. We will not plagiarize, steal, copy or infringe on any work (graphic images, audio, visual, wording, research, etc.) for our benefit or to benefit our clients at any time. Vivid Social Media Management will always provide proper credit/attribution to any works referenced that are not authored or developed by any of our team members. If it is discovered that Vivid Social Media Management has mistakenly used content which does not belong to us, we will immediately remove, cease and desist from using that content, provide our written acknowledgment of our error and rectify the matter to the best of our ability. Vivid Social Media Management is led by a competent, resourceful and committed person who always tries to align the company with best practices, integrity, honesty, and professionalism. Therefore, Vivid Social Media Management will operate to produce quality work and meaningful interactions with our clients, partners, vendors, outlets, associates and team members. Vivid Social Media Management employs highly professional people to deliver the work and associated tasks that help meet our clients’ needs. While the team may increase or decrease at any given time, Vivid Social Media Management is fully committed to providing 100% custom and original content to our clients.
Quotes for Service: Upon making the decision to work with Vivid Social Media Management, you will be issued a quote for service outlining the scope of work and the associated services which are necessary to meet your needs. Services are delivered as described and will not be modified. Once a price is established on a quote, it will not be revoked or negotiated. Quotes expire two (2) calendar days from the date they are issued. All applicable discounts or promotions will expire when the quote expires unless they are associated with long-term promotions (monthly or celebratory). No customer is eligible to receive multiple or conflicting discounts on any one service or quote. Discounts may not be combined. Quotes may not be transferred to another person or company. Accepting a quote (with your signature) does not constitute the beginning of any work or delivery of services. Accepting a quote means that you agree to the pricing and service description outlined in the quote. If you do not sign a quote, but meet the payment requirements as set forth in the quote, your payment constitutes as an agreement to the terms and pricing outlined in the un-signed quote. You are expected to meet the payment requirements listed in the quote and secure services with your first payment. You must meet all payment obligations to maintain the prices extended to you in your quote. If you fail to officially accept a quote with your signature, but make the required payment (payments) that your quote entails, you are accepting the terms of the quote and being held responsible to adhere to all of the terms listed in the quote in addition to all of Vivid Social Media Management’s policies and procedures. Once a quote with an applicable discount has expired, the quote will not be renewed.
Referrals: Vivid Social Media Management rewards loyalty and word of mouth advertising with paid referrals. If you would like to refer a potential client to Vivid Social Media Management, you must complete the referral form located on the Vivid Social Media Management website. The standard referral commission is 10% of the net sale you refer. All payments will be made via Paypal. A referring party is ineligible for commission on upsold orders.
Refunds: Vivid Social Media Management does not offer refunds of any payments received. If you are unhappy with your service for any reason whatsoever, you must provide a valid explanation in writing. Billing will be suspended during the investigation of your complaint. The Vivid Social Media Management team will review your concerns and provide you with an appropriate follow-up action or final decision within fifteen (15) business days. Once Vivid Social Media Management has rendered a follow-up action or final decision, it will not be reversed. Typical follow-up actions or final decisions include:
A 75% discount on a future service from Vivid Social Media Management (the service must have equal or lesser cost). Rush requests are not included in this offer. Up to two (2) revisions on your existing assignment.
Up to two (2) revisions on your existing assignment. A full re-write of your existing content, including changes in scope of work, topic, idea research, citations/references is not considered a revision and is not applicable under these terms.
Forfeiture of any pending balance owed to Vivid Social Media Management, in which all services will immediately be canceled. You will receive “as is” work (including drafts and working documents). You will immediately lose access to any software, documents or information related to your service.
Revisions: If upon receipt of your monthly posting calendar you are unhappy with any of the scheduled content, you are entitled to revision. Two revisions of your work are included in any Vivid Social Media Management service. A full re-write of your existing content, including changes in scope of work, topic, idea research, citations/references is not considered a revision and is not applicable under these terms. Revisions cannot be transferred amongst services or clients. If you exceed your revisions, you will be charged $15 per hour for each set of revisions. You will be notified in advance of the total hourly amount to revise your content. The total hourly amount will be due immediately to begin revising your work. If you are not satisfied with your set of revisions (for reasons excluding grammar, syntax, misspellings or errors due to Vivid Social Media Management) you will be charged for an additional set of revisions.
White-labeling or Outsourcing our Services: Vivid Social Media Management does not permit outsourcing or white labeling our services or brand identity to any clients, partners, vendors, associates, organizations or outlets. You may not order services from Vivid Social Media Management with the intent on re-selling, re-using or re-distributing the services under your brand or identity as well as the brand or identity of a third party. You must give proper credit/attribution to all work associated with Vivid Social Media Management after you have received written permission to use the content. Failure to prove prior written consent from Vivid Social Media Management and proper credit/attribution on any works produced by Vivid Social Media Management will result in legal remedies to the fullest extent of the applicable law for copyright infringement.
Verbal Agreements: Verbal agreements do not supersede written agreements or policies. Any verbal agreement or arrangement made between a client, partner, vendor, associate, outlet or team member must be confirmed in writing before it is considered authorized and approved. Either party may request that a verbal agreement be confirmed in writing. Both parties must accept the written confirmation before it is executed. Email, text messages and posts in the online collaboration suite between authorized representatives of Vivid Social Media Management and the client, partner, vendor, associate, outlet are a permissible form of written agreements that confirm verbal agreements.