Terms and Conditions
This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions on which you (the “Client”) have engaged Pacesetters Marketing to perform certain Services as outlined herein. This is a legally binding agreement between you and Pacesetters Marketing. By becoming a Pacesetters Marketing 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 Pacesetters Marketing.
Pacesetters Marketing will provide the Services to the Client as outlined on the Pacesetters Marketing website, www.pacesettersmarketing.com This agreement supersedes all agreements, and is shown to you when you sign up. It is your responsibility to read through these terms in full so you fully understand what you are agreeing to. ALL SERVICES WILL BE CHARGED TO THE CLIENT AUTOMATICALLY OR UPON THE INVOICE BEING DEEMED "LATE."
1.1 Due to the nature of working with third-party platforms like Facebook, Instagram, Twitter, Pinterest, and LinkedIn, we will need admin access and/or login credentials to each of your pages. Additionally, we have no control over issues that may occur such as disconnections, API updates, or password changes. If you change your password, you are asked to report the change to Pacesetters Marketing immediately so there is no interruption in service. It is good practice to check your accounts and our work at least twice 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 Pacesetters Marketing liable. As long as we have access to one platform and are posting according to the schedule listed within your plan, we are fulfilling our service as described. If we have access to no 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 Pacesetters Marketing is not grounds for a refund. Keep reading for information on our cancellation and refund policies.
2. PACESTTERS MARKETING OBLIGATIONS
2.1 Pacesetters Marketing will provide Services to Client in accordance with Pacesetters Marketing’s standard policies and procedures. Pacesetters Marketing reserves the right to reject Clients for any other reason, at Pacesetters Marketing’s sole discretion. Pacesetters Marketing will be responsible for all aspects of providing the Services.
2.2 All Pacesetters Marketing rules, policies, and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and Pacesetters Marketing 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 Pacesetters Marketing’s sole discretion.
3. SERVICE DESCRIPTIONS, FEES, AND PAYMENT
3.1 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 the monthly payment of fees shall remain securely on file to cover monthly recurring charges for service.
3.2 Initial charges for service will be paid in advance of service. Thereafter, Pacesetters Marketing will attempt to charge the Client’s credit card every 30 days. 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 Pacesetters Marketing, Pacesetters Marketing does not issue refunds of any fees for any reason. Fees due to Pacesetters Marketing are not contingent upon any form of marketing results. The client is paying for time and work performed. Pacesetters Marketing offers credits for any true mistakes made on our side with evidence to support it.
3.4 Cancellation Policy – If at any time you wish to cancel our services, you must reach out to the Pacesetters Marketing team ahead of time. Any client with the Pacesetters Marketing, Ground Breaker, or Path Finder plans must email firstname.lastname@example.org 3 business days prior to their next billing cycle informing us of their cancellation. Clients with Game Changer and TrailBlazer plans are required to email email@example.com 15 days prior to their next billing cycle informing us of their cancellation. Failure to communicate the desire to cancel within the designated time span will require the client to finish out their partnership with Pacesetters Marketing until the following billing period.
If for any reason you request to pause your account with Pacesetters Marketing, we can do so for 30, 60, or 90 days. Once the 30, 60, or 90 days are complete, your account will automatically reinstate with Pacesetters Marketing. **Please Note: If our prices change during the duration of your break from Pacesetters Marketing, your account will be updated to pay the new price of your plan. Our clients who have signed custom contracts cannot make any modifications to their contract from the time the contract is signed until it is time to renew.
3.5 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.
3.6 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 Pacesetters Marketing employees, unless a formal variance is confirmed and agreed to by the client and executive level management at Pacesetters Marketing. This includes the CEO and COO of Pacesetters Marketing.
3.7 Posting to Multiple Platforms and Missed Posts – Many of our packages include posting to multiple platforms through 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 package pricing because the client is not utilizing their other available platform slots). We request our clients check their social media accounts twice a week not just to review content and provide feedback, but to also alert us of any possible disconnects so we can promptly reconnect. For this reason, if Pacesetters Marketing 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 reschedule the missed posts on a different date. 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 – 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 dating queue in our publishing software through your revisions being made. In this event, Pacesetters Marketing will go in and edit or take down the flawed post. 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 Pacesetters Marketing’s edit compensation for all incidents like the examples mentioned above. If these items are very important to you, our Game Changer plan or higher is more appropriate and will avoid any issues. For packages that cost $700 or less per month, there is no review.
3.10 Post Approvals & Edits – Game Changer and above packages include live post approvals, where the client can review and approve content before it is posted. The Client will receive their social media mockup for the following week by Wednesday from their social media manager. The Client then has until Friday at 12 pm EST to notify their social media managers of any edit requests. Pacesetters Marketing will not accept any requests made past 12 pm EST the Friday before the posts are to go live. It is The Client’s responsibility to approve their content and send their edit requests within Pacesetters Marketing’s timeline. For our less tech-savvy clients the same rules apply for email approvals as they do for live post approvals, however, if the Client does not send back any edit requests or a written or verbal approval, their content will still go live the following week, with or without their approval. Posts that do not receive approval from the Client prior to going live will expire within our scheduling system. The Client’s designated social media manager will reinstate a week’s worth of expired posts a total of two times, however, if the Client regularly leaves posts unapproved, allowing them to expire for more than two weeks’ worth, the social media manager will stop reinstating expired content. Reinstating expired content is extremely time-consuming and cannot be a regular task for Pacesetters Marketing’s team. When regarding social media content edits, the Client is permitted two rounds of edits from Pacesetters Marketing. Each “round” must include every edit the Client would like made by Pacesetters for that week’s content. Once Pacesetters Marketing has completed both full rounds of edits, Pacesetters Marketing is no longer responsible for any more edit requests from the Client.
3.11 You/the client agree to review your social media accounts regularly. You agree to spend 10 minutes every other week to review all of your social media accounts to ensure our posts meet your satisfaction, and no platforms are missing posts. We ask that any notes you have regarding strategy, voice, or other aspects of your social, be brought to the attention of your designated social media manager during your monthly social media strategy call. If your request is urgent, please contact your social media manager via email. Pacesetters Marketing is not responsible for posts missed on any platforms (due to disconnects out of our control such as API updates, changed passwords, or security lockouts), or editing/removing content that has been posted over two weeks ago, or longer. For Pacesetters Marketing’s clients without post approvals, 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. Pacesetters Marketing does not edit the content that was not posted by Pacesetters Marketing’s team.
3.12 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 a mobile app available for Apple and Android devices. You agree to not hold Pacesetters Marketing 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. In the event of client cancellation, and the ad campaign continues to run or is not paused by request during our paid retainer period, Pacesetters Marketing 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. Pacesetters Marketing 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 a 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, even if none of your ads are approved by Facebook, or they disable your ad account.
3.13 Disputes – We have signed agreements with all of our clients. If the client breaches the agreement, it will then be turned over to collections and reported to all three credit bureaus.
3.14 Less Tech-Savvy Clients – Some of our clients are not experienced using computers, or 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. The connections of your accounts, explaining, training, emails back and forth, phone calls, all constitute work on your account. Every one of our employees’ time is valuable, and once your onboarding call has been completed, there will be no full refund if you decide to cancel. You still of course have the option to continue and finish your month of service. But simply giving up because you’re frustrated does not erase the amount of work and time we have spent on your business. You agree to a 50% partial refund.
3.15 – Business Structure and Client Communications by Phone for Social Media Management Clients: We offer online subscription-based social media services. Our customer service is inbound, not outbound ( as much as we would like to, we do not “check-in” on all of our clients depending on their plan). You have a responsibility to check your social media at all levels at least every two weeks and provide feedback if needed. All account-related phone calls must be scheduled unless it is an urgent matter. You can schedule your monthly strategy call with your social media manager, PPC manager, or account rep. Please take advantage of the free consultation call to ask as many questions as you like before you sign up. Once you sign up as a client, our Ground Breaker and Path Finder plans include online support ONLY. Phone support is included in our Game Changer levels and up, or can be added to any package for just $90. This gets you, the Client, two 30 minute phone calls per month. The time involved in phone customer service is simply not possible at our low price points to meet our margins and have a successful business. If you’re the type of person that needs phone support, it is highly recommended you purchase a Game Changer package or higher or add on the phone support option for $90.
3.19 Projects Information – Pacesetters Marketing’s team will attempt to get any required information for projects (blogs, emails, ads, post boosts) a total of 3 times. On Pacesetters Marketing’s third attempt to reach the Client, the Client will be sent a final notice email. If the Client does not respond to Pacesetters Marketing’s final notice email within two business days of it being sent, that project will be closed and not reopened. We will then try to gather that information for your next project.
3.20 Unused Services – If the Pacesetters Marketing team has attempted to provide a service to the Client that is included in their plan (paid ad services, review management, or email marketing, etc.) and the Client has not provided what Pacesetters Marketing needs to perform such service, no refunds or credits will be applied to the Client’s account. It is the Client’s responsibility to collaborate with Pacesetters Marketing’s team to utilize every service included in their plan.
4. REFUND POLICY – Once you have paid, and filled out an onboarding survey or had your onboarding call, there are no full refunds as the back end work has already begun. If you want to cancel after submitting a survey or having your onboarding call, you agree to a 50% partial refund. Throughout this agreement, it is explained that due to the nature of working on third party platforms, disconnections, clients not checking our work in a timely manner, the fact that we offer month to month social media management subscription-based services, and you’re only committing to one month, there are absolutely no refunds. In the event we didn’t deliver at least one post on a weekday, we agree to reschedule the post for a different date. This policy applies up to two weeks, as you agree to check your social bi-weekly.
PACESETTERS MARKETING EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING OR RELATED TO THIS AGREEMENT, THE SERVICES OR ANY MATERIALS OR ASSISTANCE PROVIDED TO 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.
The client will indemnify and hold harmless Pacesetters Marketing 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 breach by Clients of any of the terms of this Agreement.
6. Social Media Account Suspensions, Loss of Access, or Deletion – Client will indemnify and hold harmless Pacesetters Marketing 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 attorney's fees) arising out of or relating to any issues with social media account suspensions, 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 platforms 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 Pacesetters Marketing uses only content provided by the client or one of several photography databases that offer royalty-free images for marketing purposes. We pay for many of these services. Regardless, the Client will indemnify and hold harmless Pacesetters Marketing 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 attorney's 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.
7. LIMITATION OF LIABILITY
PACESETTERS MARKETING SHALL NOT BE LIABLE TO CLIENT OR ANY ENTITY OR PERSON CLAIMING THROUGH OR UNDER 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 PACESETTERS MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PACESETTERS MARKETING’S LIABILITY TO CLIENT HEREUNDER EXCEED THE AMOUNT PAID TO PACESETTERS MARKETING BY 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.
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 at Pacesetters Marketing’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 Client may not assign this Agreement, in whole or in part, without Pacesetters Marketing’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 Virginia without regard to its rules pertaining to conflict of laws. Any litigation or dispute resolution related to this Agreement shall take place in Lynchburg, Virginia, 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.
8.1 In the event of a credit card dispute, all credits, refunds, and account work will come to a stop immediately until the dispute is resolved. Resolving a dispute can take weeks, possibly months. 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.
8.2 Due to the nature of working with third-party platforms like Facebook, Instagram, Twitter, Pinterest, and LinkedIn, we will need admin access and/or login credentials to each of your pages. Additionally, we have no control over issues that may occur such as disconnections, API updates, or password changes.