This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions on which you (the “Client”) has engaged 8510776 Canada Corp (DBA Digital Magic Touch) to perform certain Services as outlined herein. This is a legally binding agreement between you and 8510776 Canada Corp DBA Digital Magic Touch. By becoming a Digital Magic Touch 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 Digital Magic Touch.
1. SERVICES
Digital Magic Touch will provide Services to Client as outlined on the Digital Magic Touch website (www.digitalmagictouch.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 Facebook, Instagram, Twitter, Google My Business, Pinterest, and LinkedIn, sometimes we have no control over issues that may occur such as disconnections or password changes. If you change your password, you are asked to report the change Digital Magic Touch immediately 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 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 Digital Magic Touch liable. As long as we are still creating content for your business, 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 Digital Magic Touch is not grounds for a refund. Keep reading for information on our cancellation and refund policies.
2. Digital Magic Touch OBLIGATIONS
2.1 Digital Magic Touch will provide Services to Client in accordance with company standard policies and procedures. Digital Magic Touch reserves the right to reject Clients for any reason, at company’s Services LLPs sole discretion. Digital Magic Touch will be responsible for all aspects of providing the Services.
2.2 All Digital Magic Touch rules, policies and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and Digital Magic Touch may change its rules, policies, and operating procedures from time to time at 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 the company’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.
3.2 Initial charges for service will be paid in advance of service. Thereafter, Digital Magic Touch will 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 Digital Magic Touch, Digital Magic Touch does not issue refunds of any fees for any reason beyond the 14-day money back guarantee, which is applicable only to your first order with Digital Magic Touch. Refunds requested within the 14-day money back guarantee will only be processed once all social media posts shared to your social media pages have been deleted. You also commit to not use any content Digital Magic Touch created for your business once the refund is processed. Fees due to Digital Magic Touch are not contingent upon any form of marketing results. The client is paying for time and work performed. Digital Magic Touch offers credit for any true mistakes made on our side with evidence to support it.
3.4 Cancellation Policy – Cancellations are completely self-serve and you can cancel a subscription via your client portal by signing in here: https://clients.smarcomms.com and going to the ‘subscriptions’ section. 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. If onboarding goes beyond 7 business days because of Digital Magic Touch delay, we will move your billing date to ensure you get a full month of service once you are onboarded with at least one profile.
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 Digital Magic Touch employees, unless a formal variance is confirmed and agreed to by the client and executive level management at Digital Magic Touch. This includes the CEO of Digital Magic Touch.
3.8 Posting to Multiple Platforms and Missed Posts – In the event that your social media pages become disconnected from our posting software, you will be automatically notified to reconnect your profiles. If you fail to reconnect your profiles it is your responsibility and Digital Magic Touch will not be held liable or issue any credit or partial refunds. We will, however, reschedule the posts as soon as you reconnect your pages. We recommend that 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 Digital Magic Touch is creating social media posts and sending them to the client for review in any format then we are fulfilling our contractual obligation as laid out in our terms and conditions.
3.9 Quality of Posting – Social media management is a very personalized service, what some clients like, others do not. If you want to be able to review the social media posts and get them shared automatically to your social media profiles, then you must include the Content Panel in your chosen plan. Without the Content Panel, we will send you the posts for you to share manually.
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 date it was meant for another. Even though we do follow a “No typo policy” and our social media designers / writers are penalized, you agree to accept credit for all incidents like the examples mentioned above.
3.10 Content Review and Approvals, all 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, Digital Magic Touch will continue to provide services. If a client fails to approve content for any period of time, they can simply start approving again whenever they are ready. Our policy is to pause billing while the backlogged plans that were already created get approved and posted to the client’s account. At this time, the client can either cancel or resume normal billing. Client agrees to one round of edits per week of plans.
3.11 You agree to review your content panel and 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. Digital Magic Touch 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 Blog articles: Once a first draft has been finished, there are a maximum of two revisions allowed, at which point the product delivered will be considered final. All blog articles will be considered final and approved after 4 weeks with no feedback. After this period, you agree that no revisions will be made.
3.13 White Label/Resellers – All terms and conditions within this agreement apply to any customer you as a reseller should bring in. We recommend using ours 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 Digital Magic Touch in a prompt manner. Delayed communications can cause many problems, and we will not refund for things like missed posts from disconnects (as you have the responsibility of reviewing the social content and connection as described in this agreement).
3.14 Disputes – We will fight vigorously, via legal routes, when necessary, if the client breaches our terms and conditions. Your account will then be turned over to debt collection and we will report you to all three credit reference agencies.
3.15 Less Tech-Savvy Clients – Some of our clients are just not experienced using computers, or various software, or even 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. There will be no refunds if you decide to cancel after the 14 day money back guarantee period. You still have the option to continue and finish your month of service. But cancelling because you’re frustrated does not erase the amount of work and time we have spent on your business.
3.16 If you join as a White Label Reseller by creating your own sales booster account and cancel sales booster, we must pause your services immediately until we can onboard you onto our platform. If you cancel sales booster without notice and don’t wish to continue with your Digital Magic Touch service, you forfeit the remainder of the month’s fees, and there will be no pro-rated refund. Please be aware that DBA Digital Magic Touch and sales booster are two separate systems, and if you wish to cancel both accounts then you will need to log in to each platform separately.
3.17 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 you have a responsibility to check your social media pages / Content Panel on all plans at least every week and provide feedback if needed.
As a low-cost social media management company, customer support is one of our biggest expenses. To manage these costs, we use a booking system for calls. Before signing up, we offer a totally FREE 30 minute consultation call which you can book here. This is your opportunity to learn more about our service and ask as many questions as needed before getting started. Once you are a customer, we do also offer a FREE 15-minute onboarding call (digital magic touch SMM only). Again, this is your chance to ask any questions about how everything works once you’re inside. After your 15-minute onboarding call, all customer support is online as this is a low-cost monthly service. Our customer support team is ready to assist you via live chat, email, or tickets. Please do not book in a customer support call via as it will be cancelled.
3.18 Make sure you understand our Phone Support Policy Here: https://knowledgebase.smarcomms.com/article/i-need-a-phone-call
4. WARRANTY DISCLAIMERS
4.1 REFUND POLICY – Once you have paid and completed the 14-day money back guarantee period there are no refunds. Throughout these terms and conditions, 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) there are absolutely no refunds. In the event we fail to create at least one post per week, you agree to accept a credit in the amount of the value of that post.
4.2 –Digital Magic Touch 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 Digital Magic Touch 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 Digital Magic Touch 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 content panel or social media accounts regularly (every week 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 Digital Magic Touch uses only images provided by the client, or one of several photography databases that offer royalty free images for marketing use when designing graphics for posts. We pay for many of these services. Regardless, Client will indemnify and hold harmless Digital Magic Touch 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
Digital Magic Touch 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 Digital Magic Touch HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Digital Magic Touch LIABILITY TO CLIENT HEREUNDER EXCEED THE AMOUNT PAID TO Digital Magic Touch 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.
8. 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 Digital Magic Touch’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 Digital Magic Touch’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 Canada without regard to its rules pertaining to conflict of laws. Any litigation or dispute resolution related to this Agreement shall take place in British Columbia, Canada, and the parties hereby consent to the jurisdiction of the 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 Canada post, 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
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. 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.
