Terms & Conditions
Sea Caitlin McCall, LLC d/b/a McCall Digital Marketing Terms and Conditions
This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions on which you (the “Client” or “You”) have engaged McCall Digital Marketing (“McCall Digital Marketing”, “Us” or “We”) to perform certain Services as outlined herein. This is a legally binding agreement between You and McCall Digital Marketing. By becoming a McCall Digital 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 McCall Digital Marketing.
McCall Digital Marketing will provide Services to Client as outlined on the McCall Digital Marketing website (www.mccalldigitalmarketing.com) (the “Service(s)”). This Agreement is effective upon execution by Client and Client’s onboarding and supersedes all previous oral or written agreements 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 Facebook, Instagram, Twitter, and LinkedIn, sometimes We have no control over issues that may occur such as disconnections or password changes. Client understands that McCall Digital Marketing cannot begin to provide Services (curate and post content) until at least one platform has been connected to our dashboard. Once connection is received, McCall Digital Marketing will begin posting to your accounts within 3-5 business days. If You change your password, You are asked to report the change to McCall Digital Marketing immediately so as not to interrupt your Service. It is good practice to check your accounts and our work at least once a week, also to provide us direction and feedback. In the case of a disconnect, or inability for Us to access the account to post, Client agrees to not hold McCall Digital Marketing liable. As long as we have access to one platform and are posting according to schedule (5 weekdays a week), we are fulfilling our Service as described. If we don’t have access to any 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 lock out by no fault of McCall Digital Marketing is not grounds for a refund. Keep reading for information on our cancellation and refund policies.
2. McCall Digital Marketing OBLIGATIONS
2.1 McCall Digital Marketing will provide Services to Client in accordance with McCall Digital Marketing’s standard policies and procedures. McCall Digital Marketing reserves the right to reject clients for any reason, in McCall Digital Marketing’s sole discretion. McCall Digital Marketing will be responsible for all aspects of providing the Services.
2.2 All McCall Digital Marketing rules, policies and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and McCall Digital 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 offer it, at McCall Digital Marketing’s sole discretion.
3. 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 shall remain securely on file to cover monthly recurring charges for Service. Client authorizes McCall Digital Marketing to charge Client’s credit card for the fees listed herein.
3.2 Initial charges for Services will be paid in advance of Services. You agree to the setup fee specified on the website when signing up. Thereafter, McCall Digital Marketing will attempt to charge Client’s credit card on the monthly anniversary date of the Client first ordering Services. Client agrees to pay the monthly management rate until the agreement is canceled or modified. 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. If McCall Digital Marketing cancels for non-payment, Client will be notified via email. Setup fees are non-refundable. No exceptions.
3.3 Except in the case of a material breach of this Agreement by McCall Digital Marketing, McCall Digital Marketing does not issue refunds of any fees for any reason. Fees due to McCall Digital Marketing are not contingent upon any form of marketing results. Client is paying for time and work performed. McCall Digital Marketing offers credits for any true mistakes made on our side with evidence to support it.
3.4 Cancellation Policy – We require a 30 day heads up to cancel services, so that we can wind down and give you everything you need to succeed moving forward.
3.5 Continuation of work for a Client with a past due balance, who did not cancel, will result in accrued back-payments. McCall Digital Marketing does 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 we begin the on-boarding process, not when We first post.
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 McCall Digital Marketing employees, unless a formal variance is confirmed and agreed to by the Client and executive level management at McCall Digital Marketing. This includes the CEO and President of McCall Digital Marketing.
3.8 Posting to Multiple Platforms and Missed Posts – Many of our packages include posting to multiple platforms through a 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. We request our clients check their social media accounts twice a week to review content and provide feedback, and alert Us to any possible disconnects so we can promptly reconnect. For this reason, if McCall Digital 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 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. For Starter packages, all work is final, there is no review. If there are typo’s, 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 date queue in our publishing software through Your revisions being made. In this event, We will provide a credit of 5% (basically the cost of one post) based on your package level per post issue. We do not refund for typos or posts going out on a certain date if 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 a credit for all incidents like the examples mentioned above.
Business level and above 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, McCall Digital Marketing will continue to provide services. If 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 two weeks of plans.
3.11 You 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. McCall Digital Marketing 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. If You do not engage level 3 or content review, 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.
3.12 You give Us permission to showcase your company logo and links to your social media. Please notify us in writing if you prefer we not use your social media in our advertising efforts. This may include email newsletters, website or other owned or third parties.
3.13 Video, Website Design/Landing Page and Photography Work – Once first draft of website, photos or video is created and delivered to Client, there are no refunds for any reason. We will work with You on getting these creative works to where You are happy with accepting delivery (within Our service description provided or on Our website), but once the work is done on the initial draft provided to Client, we cannot provide refunds. This is not a “don’t pay unless you like it” service. This is mostly because of Our very competitive pricing. As for photography, once the shoot is finished, and photos are provided, you MUST select from the available photos provided, there are NO re-shoots, only editing of existing photos. Time frames can take just weeks or even months for completion, depending on how long it takes the Client to deliver everything we need to complete the website (access to domain, hosting, images, copywriting, SSL if needed, and most importantly any feedback within the limits of the design project). Please note that We can extend deadlines indefinitely with no refunds when a Client doesn’t deliver items We need in order to move forward on the project. In this event, You agree to get McCall Digital Marketing everything it needs to complete the project. Client warrants that any artwork, graphics or other intellectual property provided to us does not infringe on the intellectual property rights of any third-party. Refunds are not allowed once work on Your project has begun. You agree to finish the entire project or forfeit any and all paid fees. *Please note the words “video,” “design,” “photography,” and “website” can be interchangeable in this clause as it applies.
3.13.1 Blogs – Blog articles are typically 400-600 words in length and can vary. Once a first draft has been furnished, there are a maximum of two revisions allowed, at which point the product delivered will be considered final.
3.14 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 an app on your phone for this, just ask). You agree not to hold McCall Digital Marketing liable for any ad spend paid to Meta/Google 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 goes live. This includes competitor analysis, audit of your website and Facebook page, target audience development, creative development, and so much more (easily 30-40 hours of work). 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, McCall Digital Marketing cannot be responsible for advertising expenditures after a Client relationship has terminated or beyond the two-week monitoring period. This is good business practice to monitor ad spending especially if you’re staying on top of your bookkeeping. McCall Digital 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 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 Meta/Google, or they disable your ad account. Client agrees to commit to 90 days for paid advertising campaigns. No refunds within the first 90 days.
3.15 White Label/Resellers – All terms and conditions within apply to any customer, You as a reseller should bring in. We recommend using our terms and conditions as a template and having your clients sign 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 cancelling. 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 McCall Digital Marketing 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).
3.16 Disputes – Client agrees to the terms and conditions when signing up for service. We will fight vigorously if the Client breaches the terms and conditions. Your account will then be turned over to collections and we report to all three credit bureaus.
3.17 Less Tech-Savvy Clients – Some of Our clients are just 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. This connecting, explaining, back and forth emailing, phone calls, all constitutes work on your account. Every employee tracks their time, and if we spent longer than 30 minutes working to onboard your account, 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.
3.18 If You join as a Cloud Campaign client (where you create your own Cloud Campaign account with 45 day trial), and cancel Cloud Campaign, We must pause your services immediately until We can onboard You onto our platform. If You cancel Cloud Campaign without notice and don’t wish to continue with your McCall Digital Marketing service, You forfeit the remainder of the month’s fees, and there will be no pro-rated refund.
3.19 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 “check in” on our levels 1-3). 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. The only free phone call is your initial consultation. Use that free consult to ask as many questions as you like before you sign up. Once you sign up as a client, all packages include online support ONLY. Video call support is included in our business level and above packages. The time involved in phone customer service is simply not possible at our lower price point to meet our margins and have a successful business. If you’re the type of person who needs to resolve issues with meetings, it is highly recommended you purchase a Professional level package.
4. WARRANTY DISCLAIMERS
4.1 REFUND POLICY – Once you have paid and completed a service agreement there are no full refunds. Throughout this Agreement, it is explained that due to the nature of working on third party platforms, disconnections, clients not checking our work on time, the fact that we are a month-to-month subscription service (and not a full service agency) 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, you agree to accept a credit in the amount of the value of that post. This policy applies up to two weeks, as you agree to check your social bi-weekly. McCall Digital Marketing makes no guarantees of performance, results or quality.
4.2 – McCall Digital 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.
5. INDEMNITY. Client will indemnify and hold harmless McCall Digital 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. Client agrees to indemnify and hold McCall Digital Marketing harmless from any claims arising from McCall Digital Marketing’s use of any artwork, graphics or other intellectual property including attorneys’ fees. To the extent Client provides assets (stock images, artwork, etc.) that McCall Digital Marketing utilizes in posts, the Client assumes liability and indemnifies McCall Digital Marketing against any claims arising from such use.
6. Social Media Account Suspensions, Loss of Access, or Deletion
6.1. Client will indemnify and hold harmless McCall Digital 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 issues with social media account suspensions, copyright issues, 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 login 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.
6.2 McCall Digital Marketing 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 McCall Digital 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 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.
7. LIMITATION OF LIABILITY
McCall Digital 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 McCall Digital Marketing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL McCall Digital Marketing’S LIABILITY TO CLIENT HEREUNDER EXCEED THE AMOUNT PAID TO McCall Digital 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. 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 only by a writing signed by both parties. 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 McCall Digital 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 Florida without regard to its rules pertaining to conflict of laws. Any litigation or dispute resolution related to this Agreement shall take place in Broward County, Florida, 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.
9. CREDIT CARD DISPUTES
All charges made to Client’s credit card on file shall be presumed accurate unless disputed in writing within 15 days of the billing statement issue date of Client’s credit card. 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 longer because of COVID. 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.