Social Media Posting Terms of Service
Costs:
- Get Social with Facebook $199 per month
- Pick 3 Social Media Platforms $279 per month
- Pick 5 Social Media Platforms $319 per month
Tosten Marketing LLC will provide customized services to your agency by choosing up to any 5 of the following Platforms: Facebook, Twitter, Google My Business, Yelp, LinkedIn, Instagram or YouTube.
- Custom branding of profile and cover photos across all platforms
- Monthly Content – 15 posts per month Facebook and Twitter, 10 posts per month for Instagram, 4 for Google My Business, 4 for LinkedIn, and 4 YouTube Videos.
- Emphasis on Building Likes and Engagement on all platforms
- Complete Management and Monitoring for Comments and Messages
- Monthly Boosting and Ads is available, but not included for additional cost & click/boost budget
Subscription Payment and Term
By purchasing or subscribing to Tosten Marketing’s (hereafter TM) Social Media Services, you may agree to a minimum contract term, during which you are obliged to pay monthly for services of a value no less than your original subscription price. Upon the expiration of the minimum contract term, service and billing will automatically continue on a month-to-month basis, during which you may cancel or change your subscription anytime. A valid credit card is required for paying accounts. Subscriptions are billed on a monthly basis at the beginning of each subscription month and are non-refundable.
Cancellation and Termination
You are solely responsible for properly canceling your subscription. In order to cancel your subscription, you must contact your dedicated account manager via telephone at least 15 days before your next billing date. Tosten Marketing, in its sole discretion, has the right to suspend or terminate your subscription and refuse any and all current or future use of the service, or any other Tosten Marketing services, for any reason at any time. Such termination of the subscription will result in the deactivation or deletion of your subscription or your access to your subscription. Tosten Marketing reserves the right to refuse service to anyone for any reason at any time.
No Warranty, No-Guaranteed Result. Client acknowledges that TM does not guarantee the results of the TM Service. Whether any client will receive higher volumes of Internet traffic or a specific Internet audience is contingent on many factors, many of which are outside the control of any marketing company’s professional services.
Liability Disclaimer. Client shall be responsible for all content published on behalf of Client through the TM Service. Client warrants that all information provided to TM for purposes of publication is true and that Client has the legal right to publish such information.
Hold Harmless & Indemnification. Client, and its successors and/or assigns, agree to indemnify, defend, and hold harmless TM, its members, and agents, from any and all liability, claims, or threatened lawsuits arising from the TM Service that are contemplated under, and arising under, or related to, this agreement.
Governing Law. The laws of the State of Washington (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this agreement and all of the transactions it contemplates, including, without limitation, its validity, interpretation, construction, performance, and enforcement.
Venue. The parties agree to litigate any and all controversies arising from or relating to this agreement in the exclusive jurisdiction of the following courts: the Western District of Washington, or any state court presiding in the city of Seattle, WA.
(a) Any party bringing a legal action or proceeding against any other party arising out of or relating to this agreement or the transactions it contemplates shall bring the legal action or proceeding in either the United States District Court for the Western District of Washington or in any court of the State of Washington sitting in Seattle, WA.
Modifications, Additions, & Deletions to this Agreement. Any changes to this Agreement must be in the form of a separate writing that is dated, and then signed by both Parties to be valid. Any change must reasonably identify this Agreement and, if applicable, the term it is changing to be valid, e.g., referencing the date, the article number and sub-article number of the Agreement is sufficient. Any change shall not require additional consideration to be effective. Any valid assignment of the rights and obligations under this Agreement does not constitute a change to this Agreement.
Waivers. The parties may not waive any rights in this agreement, except pursuant to a writing executed by the party or parties against whom any amendment or waiver is sought to be enforced.
(a) Failure or Delay to exercise rights herein. No failure or delay in (1) exercising any right or remedy or (2) requiring the satisfaction of any condition, under this agreement, and no course of dealing between the parties, operates as a waiver or estoppel of any right, remedy or condition.
(b) Scope of waiver. A waiver made in writing on one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person.
(c) Event of Inconsistency. To the extent any course of dealing, act, omission, failure, or delay in exercising any right or remedy under this agreement constitutes the election of an inconsistent right or remedy, that election does not: (1) constitute a waiver of any right or remedy; or (2) limit or prevent the subsequent enforcement of any contract provision.
(d) Exercise of remedies. No single or partial exercise of any right or remedy under this agreement precludes the simultaneous or subsequent exercise of any other right or remedy. The rights and remedies of the parties set forth in this agreement are not exclusive of, but are limited to, any rights or remedies now or subsequently existing at law, in equity, or by statute.
Severability. If any provision of this agreement or its application to any party or circumstance is held invalid, illegal or unenforceable to any extent, the remainder of this agreement and the application of that provision to the parties or to the circumstances is not affected and is to be enforced to the fullest extent permitted by applicable law, provided that if the essential terms and conditions of this agreement for each party remain valid, binding and enforceable.
Attorney Fees and Costs. If any legal action or other proceeding is brought under this agreement, in addition to any other relief to which the successful or prevailing party is entitled, the prevailing party is entitled to recover, and the non-prevailing party shall pay, all (a) reasonable attorneys’ fees of the prevailing party, (b) court costs, and (c) expenses, even if not recoverable by law as court costs (including, without limitation, all fees, taxes, costs and expenses incident to litigation or any tribunal proceeding, appellate, bankruptcy, and post-judgment proceedings), incurred in that action or proceeding and all appellate proceedings. For purposes of this section, the term “attorney fees” includes, without limitation, paralegal fees, investigative fees, expert witness fees, administrative costs, disbursements, and all other charges billed by the attorney to the Prevailing Party.
Entire Agreement. This agreement represents the entire agreement of all relevant and material terms between the parties with respect to the subject matter of this agreement. This agreement supersedes any other agreement or understanding, written or oral, that the parties may have had with respect to this agreement. No statement or inducement with respect to the subject matter by either party or by an agent or representative of either party, which is not contained in this agreement, shall be valid, binding or enforceable between the parties.