Last Updated January 2021
RARECURVE Advertising Agreement
Terms of Service
In this Agreement you won’t find complicated legal terms or large passages of unreadable text. Our desire is to keep things clear and concise so we stay on the same page today and into the future.
Although this Agreement is easy to read and understand, it’s just as enforceable as overly complicated legalese.
Details of the work
You, the client, are hiring us, RARECURVE, LLC to create and manage social media marketing campaigns.
As our client, you have the power and ability to enter into this Agreement on behalf of your company or organization.
Although we will do most of the work and want to minimize the impact on you, you agree to be engaged in the process to help us help you.
You agree to provide us with assets and insights about your business so we can complete the work. That includes text, images, documents, and other information as and when we need it, and in the format that we ask for.
You agree to review our work, provide feedback and sign-off approval in a timely manner. Rest assured we agree to do the same.
You agree to stick to the payment schedule set out at the end of this Agreement.
We will design and implement a marketing campaign that’s aligned with your business objectives.
We will design and create advertising visuals and ad copy for the campaign.
We will manage and optimize your campaign and ad creative on an ongoing basis.
We promise to balance our communication with you so you can keep your finger on the pulse of our progress but not overwhelm you with unnecessary detail.
We will continuously review your ad campaigns to spot positive or negative trends so we can optimize performance. We will share our analysis, recommendations, and learnings with you.
We can’t guarantee that the ads we create, the social media platforms that serve them or the internet will always be error-free and work flawlessly and we can’t guarantee that people who see your ads will become customers. We are not liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to generate traffic for you, even if you have advised us of the possibilities of such damages.
You guarantee to us that any elements of text, graphics, photos, videos, designs, trademarks, or other artwork that you provide us for your ads are either owned by you or that you have permission to use them.
Marketing or Promotion
We reserve the right to showcase our work with you as part of our portfolio in written, video, audio, print or any format we might use to promote our business.
You are agreeing to a 12 month minimum term. This Agreement will automatically renew monthly unless we receive a written notice to terminate.
If you wish to terminate this Agreement after the 12 month minimum term, you must provide written notice to: firstname.lastname@example.org.
Your final invoice will be the next scheduled invoice after receipt of notice to terminate.
Payments & Billing
We’ve made it easy for both of us and have an automated invoice/payment system all set up. The billing schedule will be the day you first authorized payment and be the same each month going forward. You are authorizing us to automatically bill your credit or debit card each month for as long as this Agreement is in force.
Your authorized payment is your agreement and acceptance of the services we’ve provided.
You agree that no prior notification is necessary nor will be provided. You can request receipts by sending an email to email@example.com.
If your payment fails, we’ ll notify you so we can get it fixed right away. We reserve the right to suspend all Campaigns for non-payment.
Suspending a campaign for non-payment does not relieve you from the obligations in this Agreement.
There is a $200.00 reinstatement fee for any campaign that has been suspended for non-payment.
We have one time setup fees and recurring program fees that are easy to understand and we do not nickel and dime you.
Your pricing is set on the day you sign up and make payment. Your recurring program price will not change for a minimum of 12 months if ever, unless of course, you choose to upgrade.
If you choose to upgrade to an additional program or service, pricing will be set based on the then current price when you upgrade and will not change for a minimum of 12 months if ever.
Although the language is simple, the intentions are serious and this Agreement is a legal document with binding obligations as described above.
By making payment to RARECURVE, you are agreeing to these Terms of Service and certify that you are:
- Authorized to make payment; and,
- Authorized to engage our services; and,
- Authorized to obligate your company as described above.
Your payment authorization and your agreement to these Terms of Service will automatically renew and will remain in effect until you Terminate as described above.
You agree not to dispute these scheduled transactions with our bank or credit card company so long as we render services described above.
If for some reason one part of this Agreement becomes invalid or unenforceable, the remaining parts of it remain in place.
If a dispute or breach arises out of or relates to this Agreement, and if we cannot settle our difference through negotiation, we both agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.