TERMS AND CONDITIONS
This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions on which you (the “Client”) has engaged Site Altitude, LLC to perform certain Services as outlined herein. This is a legally binding agreement between you and Site Altitude, LLC. By becoming a Site Altitude, LLC 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 engage in Services with Site Altitude, LLC.
- SERVICES
Site Altitude, LLC will provide Services to Client as outlined on the Site Altitude, LLC website (sitealtitude.com). This agreement supersedes all agreements, and is shown to you when you sign up, for you to sign and agree to. It is your responsibility to read through these terms in full so you fully understand what you are agreeing to.
1.1 Due to the nature of working with third party platforms like, but not limited to, Facebook, Instagram, Twitter, and LinkedIn, sometimes we have no control over issues that may occur such as disconnections or password changes. If you change your password, or update access to the accounts, you are asked to report the change to Site Altitude, LLC immediately as not to interrupt your service. In the case of a disconnect, or inability for us to access the account to post, client agrees to not hold Site Altitude, LLC liable. Missed posts due to lockout by no fault of Site Altitude, LLC is not grounds for a refund. Keep reading for information on our cancellation and refund policies.
- SITE ALTITUDE, LLC OBLIGATIONS
2.1 Site Altitude, LLC will provide Services to Client in accordance with Site Altitude, LLC`s standard policies and procedures. Site Altitude, LLC reserves the right to reject Clients for any other reason, is Site Altitude, LLCs sole discretion. Site Altitude, LLC will be responsible for all aspects of providing the Services.
2.2 All Site Altitude, LLC rules, policies and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and Site Altitude, LLC 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 Site Altitude, LLC’s sole discretion.
- SERVICE DESCRIPTIONS, FEES AND PAYMENT
3.1 All fees for Services provided to Client are due and payable in full, in advance of provision of Services. A valid credit card for monthly payment of fees may 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, Site Altitude, LLC may attempt to charge Client’s credit card on the monthly anniversary date of the client first ordering services. 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 Site Altitude, LLC, Site Altitude, LLC does not issue refunds of any fees for any reason. Fees due to Site Altitude, LLC are not contingent upon any form of marketing results. Client is paying for time and work performed. Site Altitude, LLC offers credits for any true mistakes made on our side with evidence to support it.
3.4 Cancellation Policy – Cancellations are required at least 7 days before a client’s next billing date by submitting a cancellation email to hello@sitealtitude.com. Cancellations need to be processed and confirmed by our billing department. Cancel requests sent to employees outside of the billing department are not guaranteed. We do not issue prorated refunds for cancellations received early in a billing period, but we will finish out the month(s) if requested (this includes multi-month plans where the client has received a discount, however we will require the discounted price to be voided and be paid the difference before continuation of service).
3.5 Continuation of work on a client that is passed due who did not cancel will result in accrued back-payments due, but we do not charge interest. We promise to keep accurate records of all communication and work performed to justify the back-payment due.
3.6 Our Services officially start the day you sign up and we begin the on-boarding process, not when we first post. We do not charge a setup fee for this very reason. This setup work and on-boarding fee is included in the monthly payment.
3.7 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 Site Altitude, LLC employees, unless a formal variance is confirmed and agreed to by the client and executive level management at Site Altitude, LLC. This includes the Owner and President of Site Altitude, LLC.
3.8 Posting to Multiple Platforms and Missed Posts – Many of our packages include posting to multiple platforms through a platform scheduling technology. In social media marketing practices, it is common for accounts to get disconnected for multiple reasons out of our control. We request our clients check their social media accounts twice a week not just to review content and provide feedback, but to also alert of us any possible disconnects so we can promptly reconnect. For this reason, if Site Altitude, LLC 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 give you credit for this in the form of pushing back your billing date by a proportionate value of days respective of missed post volume (up to a maximum of two weeks). 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 – Social media is a very personalized service, what some clients like, others do not. If you want training to ramp up faster, we will allow you review the posts in advance so nothing goes out without approval.
3.10 Packages that include content review, or plans, will continue to be fulfilled even when the client does not respond to or mark their content for approval. Unless the plan is cancelled, Site Altitude, LLC will continue to provide services. If a client fails to approve content for any period of time, our policy is to begin automatically approving posts after a period of one month. Client agrees to one round of edits per week of plans.
3.11 You agree to review your social media accounts regularly. Site Altitude, LLC is not responsible for posts missed on any platforms (due to disconnects out of our control like changed passwords or security lock outs), or editing/removing content that has been posted over two weeks ago, or longer.
3.12 Facebook and Instagram Advertising – Similar to our content plans, advertising clients assume full responsibility for monitoring their ad spend on a weekly basis. You agree not to hold Site Altitude, LLC liable for any ad spend paid to Facebook Inc. beyond a one-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. This can cause a campaign to go live in the second billing period where we move into the optimization phase. During the optimization phase we work to find the best performing ad sets, widen or constrict the target audience, interpret the analytics, and possibly even start an entirely new ad set. In the event of a client cancellation, and the ad campaign continues to run or is not paused by request during our paid retainer period, Site Altitude, LLC cannot be responsible for advertising expenditures after a client relationship has terminated or beyond the one-week monitoring period. It is good business practice to monitor ad spending and important for your bookkeeping. Site Altitude, LLC 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 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 whatsoever, even if none of your ads are approved by Facebook, or they disable your ad account.
3.13 White Label/Resellers – All terms and conditions within apply to any customer you as a reseller should bring in. We recommend using ours as a template and having your clients agree to a similar document. Resellers must pay for services in advance for services for their clients, and the reseller is solely responsible for collecting payment from your customer. If your customer doesn’t pay you, we will not refund you for the rendering of services. It is your responsibility as the client reseller to alert us as soon as possible for any customer of yours that is canceling. If you fail to alert us to the cancellation in the proper method as described in this agreement, and we continue to render services, you will be fully responsible for the payment of services rendered, and there is a no refund policy once a client has been onboarded. It is also the reseller’s responsibility to manage and facilitate client communication between your client and Site Altitude, LLC in a prompt manner. Delayed communications can cause many problems, and we will not refund for things like missed posts from disconnects that are older than 2 weeks old (as you have the responsibility of reviewing the social content and connection as described in this agreement).
3.14 Disputes – We have agreements with all of our customers. We will fight vigorously if the client breaches the contract. Your account will then be turned over to collections and we report to all three credit bureaus.
3.15 Business Structure and Client Communications by Phone: We are an online subscription social media service, not a full service marketing agency. Our customer service is inbound, not outbound (meaning, we do not alway “check in” on our clients). You have a responsibility to check your social media at all levels at least every two weeks and provide feedback if needed. All phone calls must be scheduled and is your responsibility to schedule calls proactively with your Social Media Manager.
- WARRANTY DISCLAIMERS
4.1 REFUND POLICY – Once you have paid, we have a 30-day money-back guarantee. If we didn’t provide service that is acceptable to you, you must notify us within the first 30 days. After 30 days, our service renews month-to-month and there are no additional opportunities for refunds.
4.2 – Site Altitude, LLC 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.
- INDEMNITY
Client will indemnify and hold harmless Site Altitude, LLC 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.
6.1 Social Media Account Suspensions, Loss of Access, or Deletion – Client will indemnify and hold harmless Site Altitude, LLC 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 issues with social media account suspensions, copyright issues, accidental loss of access or deletion, or any other issues with regards to third-party platforms. This same clause applies to a reseller’s client as well as you have been asked to have them accept a similar contract.
6.2 Site Altitude, LLC uses only content provided by the client, or one of several photography databases that offer royalty free images for marketing use. We pay for many of these services. Regardless, Client will indemnify and hold harmless Site Altitude, LLC 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 issues with content posted to a client’s social media account that results in any claims of copyright infringement. Client agrees to assume full responsibility for the content posted to their accounts.
- LIMITATION OF LIABILITY
Site Altitude, LLC 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 Site Altitude, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Site Altitude, LLC LIABILITY TO CLIENT HEREUNDER EXCEED THE AMOUNT PAID TO Site Altitude, LLC 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. 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 to the subject matter hereof. This Agreement may be amended from time to time in Site Altitude, LLC’s sole discretion, and the most current agreement will always be published here. An email communication sent to 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 Site Altitude, LLC’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 Texas without regard to its rules pertaining to conflict of laws. Any litigation or dispute resolution related to this Agreement shall take place in Fort Worth, TX, 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.
- CREDIT CARD DISPUTES
In the event of a credit card dispute, all credits, refunds, and account work comes to a halt until the dispute is resolved. Resolving a dispute can take one to three months, sometimes longe. 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.
