Version Date: January 16. 2023
TERMS AND CONDITIONS of Post and Boost as described in the Customer Agreement:
The Terms and Conditions herein are attached to and form a part of the Post and Boost, Inc. STANDARD AGREEMENT (“Agreement”) by and between Post and Boost, Inc. (“Company”), and the person and or business entity who has signed the Agreement (“Customer”) for the services defined in the Agreement (“Services”). The Company creates custom posts on Facebook® and boosts these posts for Customers. A Post (“Post”) is written copy and custom photography or graphics or movies, and a Boost (“Boost”) is spending money on Facebook to increase the advertising exposure of the Post to the Customer’s target demographic (“Company Services”). Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.
PURCHASES; PAYMENT: Unless otherwise agreed to, the Company bills you through Authorize.net for the purchase of Services. You as the Customer agree to pay Company all charges at the prices then in effect (“Monthly Rate”) for the Services agreed to, and you authorize Company to charge your chosen payment provider for any such purchases. Company Services is a service that recurs monthly, is typically billed on the 5th of the month, and you consent to our charging your payment method on a recurring basis until such time you cancel the Company Services. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. All payments shall be in U.S. dollars.
FACEBOOK PAYMENTS. Customer agrees and gives the Company the authority to submit and use the Customer’s authorized credit card for payments directly to Facebook for payments to Boost the Customer’s Posts. The amount per post will be based on the Facebook Budget (“Customer’s Facebook Budget”) communicated to the Company by the Customer. Unless otherwise instructed by the Customer, the amount is the monthly Customer’s Facebook Budget for the month divided by the number of Posts to be made by the Company for the Customer. As charges are incurred by Facebook, Facebook will charge the Customer’s credit card as defined by Facebook’s Payment Terms. CLICK HERE FOR FACEBOOK PAYMENT TERMS AND CONDITIONS.
REFUND POLICY: Monthly recurring billing for the Company is for Services in the month that is billed. If there is a cancellation within the month, the balance is not refundable. Customer agrees Facebook advertising purchased as a part of any and all Boost activity on behalf of the Customer is not refundable. No refunds shall be issued for services rendered past 30-days.
CUSTOMER REPRESENTATIONS DURING ONBOARDING
Customer represents and warrants that:
Company Service and Content used for Posts: The Company has built and maintains a proprietary Platform (“Platform”) to stage, create, and publish custom Posts for the Customer. The finished work represents a collaboration between the Company and the Customer to create, post, and Boost Customer Posts on its Facebook business page. Customer is ultimately responsible for all content on its Facebook page, authorizes the company to create a Post three (3) times weekly, to Boost a Post as defined in the Agreement, and agrees to Facebook’s Statement of Rights and Responsibilities (CLICK HERE FOR FACEBOOK’S STATEMENT OF RIGHTS AND RESPONSIBILITIES).
Customer is purchasing and the Company is agreeing to provide a unique advertising service on the Customer’s Facebook Business Page (“Page”). The Company strives to make a best effort to provide accurate information on the Customer’s business within the content it Posts on behalf of the Customer. Content is created from information provided by the Customer during the onboarding process and may be changed via ongoing conversations, communications, meetings between the Customer and the Company, and photographs taken at the Customer’s place of business by the Company or the Customer. Because of the uniqueness of the Company Services and the dynamic creation of content, there is always the possibility of error, misspellings, incorrect pictures, incorrect graphics, or other mistakes within a Post. Customer agrees to review Posts as they are published on Facebook, typically on Monday, Wednesday and Friday every week. Any Company Post that is on Facebook for more than 24-hours of the date/time of the Post shall be deemed accepted by the Customer. If a Post is inaccurate, needs corrections, should be deleted, or modified in any way, Customer will contact the Company immediately via phone call, text, or email with the Company. Company will make every effort to make immediate corrections.
Customer can create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Company including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material for the purpose of supporting the Company Services (collectively "Contributions"). Any Contributions you transmit to Company unless otherwise conveyed will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, or accept any Post, you thereby represent and warrant that:
Photography created by the Company to support its posts on Customer Facebook Business Pages is intended for use on Facebook by the Company. Customer agrees to not re-use or re-purpose any of these images without the expressed, written permission of the Company. The Company owns all photography that it creates as a part of the Services it provides to the Customer. If Customer terminates its Agreement with the Company, the Customer agrees it is a violation of the Terms and Conditions herein to use the Company's photography on its Facebook page, Instagram page, any other social media platform, or for any other advertising use.
FACEBOOK: You represent you are entitled to disclose your Facebook Account login information to Company if needed, and/or grant Company access to your Facebook account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the Facebook Account and without obligating Company to pay any fees or making Company subject to any usage limitations. You agree to provide the Company with access to your Facebook Business Page account. Company shall request access using the Facebook Business Manager. Once a request is made by the Company, you will receive a Notification from “Post and Boost, Now Mobile Media, Inc.”, requesting admin status. You agree to diligently support the process of finding the Notification and providing all permissions including your password to give the Company access to your Facebook Business Page. If necessary, you agree to make available either your personal Facebook account username and password or provide the Company access to your Page through requesting and receiving Administrative Rights. Company is authorized to create your Page if needed on your behalf, make changes to your Facebook Settings to enhance organic activity, invite Facebook users who have expressed a “Like” on a Post to Like your Page, hide/remove negative comments within posts published by the Company, ban those users if appropriate, monitor reviews if reviews are accepted and requested by you, create Posts on your behalf, and Boost Posts on your behalf based on the budget established in the User Admin. Boosts may be accomplished either on the Facebook Business Page, or the Facebook Ad Manager. User has all rights to all Posts created for the User’s Page. User also agrees that all content and Posts on the Page belong to the User.
By granting Company access to your Facebook account, you understand that (i) Company may access, and store any content you have provided to and stored in Facebook so that it is available on and through the Company’s Platform.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH FACEBOOK IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH FACEBOOK. Facebook® is owned by Meta, Inc. Company is not a part of Meta, nor does it represent any affiliation, partnership, alliance, or sponsorship.
THE FACEBOOK INTEGRATION: Company utilizes an app created by the Company (Platform) that uses the Facebook API to transmit content from the Platform to the Customer's Facebook Business Page. Because of the configuration of the Platform and its behavior with the API, Facebook has the ability to hide content originating from the Platform. Should this happen, Company will work diligently to unhide content. Customer agrees that this is a possibility and shall give the company 30-days to correct the situation.
SUBMISSIONS: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Company Services ("Submissions") provided by you to Company are non-confidential, and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
MARKET EXCLUSIVITY: The Company believes the service it provides gives its customers a competitive advantage in the market it serves, therefore the Company provides "Market Exclusivity" to Customers as a part of the Agreement. Market Exclusivity means the Company will not provide its Post and Boost Services to direct competitors ("Direct Competitors") in your service area ("Service Area") that are specifically named during the onboarding process ("Onboarding"). The maximum Service Area for NON-METROPOLITAN AREAS is a radius of 10 miles from the address of your primary location as defined in the Agreement ("Primary Location"). FOR METROPOLITAN AREAS consisting of US markets 1-100, a radius of 5 miles is guaranteed. Additional exclusivity can be negotiated and purchased. The Company may provide Services to other customers in the Service Area provided you agree they are not a Direct Competitor, and that your agreement will not be unreasonably withheld.
The Company provides advertising for direct cremation services. These services are separate from and not a part of the Market Exclusivity clause of any Agreement. For direct cremation services purchasing the Company's service, the Company does not provide market exclusivity unless it is expressly purchased.
The Company has the right to sell and produce private label services to third parties. These third parties are not restricted by the Market Exclusivity clause herein. Company shall make reasonable efforts to produce a different copy and graphic experience for funeral homes receiving a private label service.
INTELLECTUAL PROPERTY RIGHTS: The content on the Platform (“Company Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, platform functionality, software, website designs, audio, video, text, photographs, and graphics. All Company graphics, logos, designs, page headers, button icons, scripts, copy written for posts, and service names are registered trademarks, common law trademarks, or trade dress of Company in the United States and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. Post and Boost ® is a registered trademark of the Company.
SOCIAL MEDIA COPY, copy used to build Customer posts: The written words and scripts used by the Company to create and publish posts on Facebook, other social media, or any media, are owned and Copyrighted by the Company. Customers, former customers, persons, or entities in the world have no right to use, copy/modify/reuse portions or all of a Company owned script, or essentially plagiarize the copy written by the Company. Company has the right to request a cease and desist order in a court of law applicable to the violator's place of business, as well as seek any and all damages and legal fees at the violator's expense.
PHOTOGRAPHER AND PHOTOGRAPHY: The Company may hire an independent contractor ("Contract Photographer") who has been trained and certified by the Company to take pictures and create photography to be used as a part of the Company Services. The Company will have a fully executed Agreement with the Contract Photographer with its own terms and conditions. The Contract Photographer is not an employee of the Company, you agree to the Contract Photographer is not an employee of the Company, and you agree that any conduct or actions by the Contract Photographer that for whatever reason cause any harm to you whatsoever shall be bound and capped by the Limitation of Liability set forth herein.
PHOTOGRAPHY: The Company is producing photography of the client's facility and staff as a part of its service. The Company owns all photography and therefore retains the exclusive right to use the photography. The Company may give a client access to the photography for other uses, BUT IT IS STRICTLY PROHIBITED from using the images on Facebook. The use of the photography and posting it on Facebook is the core service of The Company's service, and The Company has the right to pursue all legal means to force a former client to cease and desist using the Company's photography and to delete and remove its unauthorized use. Client agrees to pay all legal fees associated with the pursuit and granting of a cease-and-desist order.
COPY: The written words used to write copy ("Copy") for the client are Copyright Post and Boost, Inc. All rights reserved. The client does not have the right or do third parties or third parties of the client, have the right, to reuse, copy, or otherwise inherited Copy for any purpose whatsoever without the expressed and written approval of the Company.
TERM AND TERMINATION: This Agreement shall remain in full force and effect while you use the Company Services or are otherwise a Customer or member of the Website, as applicable. The Initial Term is based on your Agreement with the Company and shall commence upon the date of the first post on Facebook. After the Initial Term, you may terminate your use or participation at any time, for any reason by contacting us using the contact information below. There is a 30-day cancellation policy.
You agree, upon termination, that you will not reuse any of the photography created by the Company for any other purpose including but not limited to re-posting on Facebook. You also agree that the words written by the Company to create your posts represent artwork created by the Company for the date and time of the original post created by the Company as a part of your Agreement. Company artwork, either partially or as a whole, may not be reused by you for any new or future postings on Facebook or as a part of any external or internal advertising.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE COMPANY SERVICES, DELETE CUSTOMER DATA AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Company’s Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, at its discretion, choose to alert all Customers with whom it maintains email information of such modifications by means of an email to their most recently provided email address, or print and mail to you as an individual mailing or as a part of monthly billing. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
To Services: Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Company Services.
DISPUTED WITH COMPANY: All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to the Company Services shall be governed and construed by the laws of the State of North Carolina, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against the Company arising out of or related in any respect to this Website and the Company Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over the State of North Carolina; subject, however, to the right of Company, at the Company's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a Customer. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, the application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Company Services (including your visit to or use of the Website and/or the Company Services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys' fees and costs if we have to take any legal action to enforce this Agreement.
CORRECTIONS: Occasionally there may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
DISCLAIMERS: YOU AGREE THAT YOUR USE OF THE COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY POSTS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR A POST. COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY SALES AGENTS OF COMPANY SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY: IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO THE COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
INDEMNITY: You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners, and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Company Services, Posts, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
NOTICES: Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
ELECTRONIC CONTRACTING: Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
PAST DUE ACCOUNTS: Company makes every effort to be fair and accommodate requests to be invoiced. In cases where an account is 60-days past due, the company has the right to use the existing credit card to settle the past due amount. Company also has the right to charge 1.5% interest monthly on outstanding, past due balances. Company may also make these past due charges retroactively.
USE OF WORK FOR MARKETING AND ADVERTISING PURPOSES: The Company has the right to use the work posted to Facebook for you in its marketing and advertising materials.
MISCELLANEOUS: Customer Agreement and these Terms and Conditional constitute the entire agreement between you and Company regarding the use of the Company Services. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and Company as a result of this Agreement or use of the Company Services.
CONTACT US: In order to resolve a complaint regarding the Company Services or to receive further information regarding the use of the Company Services, please contact Company as set forth below:
Post and Boost, Inc.
Phone: (336) 516-9163
Post and Boost® is a registered trademark of Post and Boost, Inc. ALL RIGHTS RESERVED.