Vital Medias Social Media Marketing / Management Terms and Conditions
PaymentsVital Medias accepts payments via Cash, Wire Transfer, SurePay, Check, PayPal and all major Credit Cards. Your payment should come from PayPal available funds or credit card. Your project will not be released to you or uploaded until full payment is received. Any credit card payment over 3,000.00 will be subject to a 3% processing fee.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Any further changes modify and replace all former agreements.
ServiceVital Medias will only be used for promotional purposes for your account, pictures, and content on Social Media.We require your Social Media credentials to run our service because we need access to your Social Media Account API. To run our service we use your Social Media account in connection with other software (such as Buffer) to schedule and target your specific audience to drive traffic to your account. The expected amount of followers, likes and comments is not guaranteed to you in any way. It all depends on the quality and interestingness of your content.
Subscription Auto-Renewals In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, Vital Medias operates with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise by Vital Medias in writing). Accordingly, where applicable, Vital Medias will attempt to automatically renew the applicable Service(s) for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable Fees using the payment method you have on file with Vital Medias Designs & Services.For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Therefore, unless you cancel the applicable Service(s), Vital Medias will automatically renew such Service when it comes up for renewal, and charge you the applicable recurring Fees. In order to avoid any interruptions or loss of services due to failure to process renewal charges prior to the expiration of the subscription period then in effect, we reserve our right (but shall not be obligated) to charge for the upcoming renewal period up to two (2) weeks before such renewal period actually commences. In the event of failure to collect the Fees owed by you, we may at our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your service(s), without further notice.You agree that upon purchasing our services, that you clearly understand and agree what you are purchasing and will not file a fraudulent dispute via PayPal, Stripe, or your banking institution.Your re-occurring payment term will automatically recur for the same amount on the same term if you fail to cancel or notify us for cancellation with 30 days notice.
Upon a fraudulent attempt to file a dispute, we receive the right, if necessary, to charge and collect damages based on work completed.
RegistrationWe may require your Social Media Account usernames and passwords to obtain required information for Vital Medias services.By subscribing to a specific Social Media monthly term, you must pay for the complete term time before cancelling your subscription. If at any stage you would like to cancel your term please contact support online at https://vitalmedias.com/cancellation-request/ and submit your 30 day notice. All services will be paid pro-rated during your 30 day notice. You agree by registering or accepting this agreement that you are at least 13 years of age.
CopyrightYou will in no way copy any programming, text or images used on the Vital Medias website without the written consent of a Vital Medias representative.
Social MediaYou will only use the Vital Medias website in a manner which follows all agreements made with your Social Media on their Terms of Service page.
Reviews & Public UsageIf asked for a Vital Medias review, we have the rights to utilize reviews publicly on forums, and websites unless specifically asked to remain confidential.
LiabilitiesVital Medias is in no way liable for any account suspension or picture deletion done by any Social Media Company.
DisclaimerIn no event shall Vital Medias or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the services offered on Vital Medias’s website, even if Vital Medias or a Vital Medias authorized representative has been notified orally or in writing of the possibility of such damage.
Change of TermsThis Terms of Service is subject to change at any time. Notices of change will be considered given and effective on the date posted on our website. The changes made will become effective the date they are posted on our website. No further notice by Vital Medias is required upon your continued use of our website or software.
Suspending or Delaying BillingAt Vital Medias Designs & Services, we understand that from time to time extreme circumstances can cause payment issues. A charge of 35.00 will be added to any clients account which payment is declined for. In order to avoid this situation, we do offer all clients a 1-time emergency billing delay or suspension that can be used in extreme situations.Any client may delay or suspend their service at any point by providing 30 days written notice prior to the suspension date. For social media accounts, this must happen before the approval of the current month’s demo reel.All delayed billing accounts will be charged on a pro-rated basis any days which push back their subscription payments.Any website accounts that are delayed will have continued service. Any accounts that are suspended will be taken down and replaced with an “Under Maintenance” page.If an account is suspended for 30 days or more the account owner will either be charged a 50.00 reinstatement fee or be moved up to the current pricing structure for their service. This decision is entirely at the discretion of the Vital Medias Customer Service Representative.
IndemnificationCustomer agrees that it shall defend, indemnify, save and hold Vital Medias harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Vital Medias Designs & Services, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Vital Medias against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Vital Medias Designs & Services; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Vital Medias ‘s server.
ArbitrationBy using any Vital Medias Designs & Services, you agree to submit to binding arbitration. If any disputes or claims arise against Vital Medias or its subsidiaries, such disputes will be handled by an arbitrator of Vital Medias Designs & Services’ choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Nevada. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
DisclaimerVital Medias shall not be responsible for any damages your business may suffer. Vital Medias makes no warranties of any kind, expressed or implied for services we provide. Vital Medias disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Vital Medias and its employees.
Disclosure to law enforcementVital Medias may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Money back GuaranteeOn all social media accounts, this applies to content approval only. On all website accounts, it applies to the functionality of the project. There is no guarantee on any project which was part of a promotion or on any template websites where the customer picks out the template first.Vital Medias gives you an unconditional 30-day money back guarantee on managed social media accounts. The guarantee runs month to month and is no longer valid after a client has approved their services for that month.Vital Medias offers special guarantees on services like the Instagram Expediter package. If the client chooses an IG Expediter Package that does not include any content provided by Vital Medias than the client accepts responsibility to create consistently engaging content. Failure to do so will void any and all guarantees.
Cancellations and RefundsVital Medias reserves the right to cancel the account at any time with notice. Customers who wish to discontinue using any service must provide 30 days written notice to Vital Medias via the Online Cancellation Form. No refunds will be given and services will continue as normal until the end of the 30-day notice.Clients whose payments are refused, denied, or disputed will be required to pay any and all applicable fees associated with collecting those payments as well as a 35.00 missed payment fee per missed payment.Customers may cancel at any time via a cancellation form located under the Customer Service Section of the Website.
Refund PolicySince Vital Medias is offering non-tangible irrevocable goods we do not issue refunds once the order is accomplished and the service is provided. As a customer you are responsible for understanding this upon purchasing any item at our site. However, we realize that exceptional circumstance can take place with regard to the character of the product we supply. Therefore, we DO honor requests for the refund on the following reasons:
Non-delivery of the service: in some cases the process times are slower, and it may take a little longer for your orders to finish. In this case we recommend contacting us for assistance. Claims for non-delivery must be submitted to our support department in writing within 7 days from the order placing date. Otherwise the campaign will be considered completed.
Service not-as-described: such issues should be reported to our support department within 7 days from the date of the purchase. Clear evidence must be provided proving that the purchased service is not as it is described on the website. Complaints which are based merely on the customer’s false expectations or wishes are not honored.
Changes to the Terms of ServicesVital Medias reserves the right to revise its policies at any time without notice.
AcceptancePlease note that by submitting your Deposit or down payment for our services you are agreeing to all of our terms of service as written here. Vital Medias reserves the right to change or update these terms at any time without prior notice.
Non-Disclosure AgreementAll accounts or marketing materials while under construction are the sole property of Vital Medias until approved and released to our clients. Clients are encouraged to give feedback on their current projects. However, as this content is under construction and the quality does not reflect that of a finished product all clients who engage our services, agree to not disclose any details or conversations about their project while it is under construction. This helps to ensure both ours and our client’s reputation. Clients who chose to ignore this non-disclosure clause are voiding their rights to any private or confidential information that would normally be protected under the Terms of Service.
Each Party (on its behalf and on behalf of its subcontractors, employees or representatives, or agents of any kind) agrees to hold and treat all confidential information of the other Party, including, but not limited to, trade secrets, sales figures, employee and customer information and any other information that the receiving Party reasonably should know is confidential (“Confidential Information”) as confidential and protect the Confidential Information with the same degree of care as each Party uses to protect its own Confidential Information of like nature.
Confidential Information does not include any information that (i) at the time of disclosure or thereafter is lawfully obtained from publicly available sources generally known by the public (other than as a result of a disclosure by the receiving Party or ist representatives; (ii) is available to receiving Party on a non-confidential basis from a source that is not and was not bound by a confidentiality agreement with respect to the Confidential Information; or (iii) has been independently acquired or developed by the reveiving Party without violating it;s obligations under this Agreement or under federal or state law.
*Lack of Payment at any time will constitute a breach of the Non-Disclosure Agreement.
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Signed by Justin Saldana Signed On: December 19, 2017
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Document Name: Vital Medias Social Media Marketing / Management Terms and Conditions
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