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RARECURVE ToS v220

Effective February 1, 2020

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. 

In short:

You, the client, are hiring us, RARECURVE, LLC to create and manage social media advertising 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.

Details of the work

We will design and implement an advertising strategy that’s aligned with your business objectives. 

We will design and create advertising visuals and ad copy for your business.

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 and learnings with you. 

Each month we will review your campaign strategy and key messaging and will make revisions or updates if necessary. You will review any new ads we create and have the opportunity to offer feedback so we can make revisions. 

Ad copy & message content 

As the expert in your business and the one with first hand knowledge of what makes you unique, you are in the best position to share who your customer is and what they want. You are responsible for sharing that knowledge so we can create ads that resonate with your customer. 

We are really good at helping tease this expertise, words and phrases out of you and turning them into great ad copy.  We have a process and set of handy resources that will help make this pretty seamless. 

Together, we will collaborate on crafting your ad message and refining your messaging on an ongoing basis.

Photographs/video

You will supply us high resolution digital photographs that align with your brand and the key messages we’ll be using in your advertising. We will attempt to use imagery you already have and will help you get imagery that will work. 

If you do not have imagery, we have an extensive library of royalty free images and videos we can use or you can choose to buy your own stock photographs or videos if you’d like.

Changes and revisions 

Once we start running an ad we are testing your key message and imagery as well as the audience targeting. Every new ad can take a few weeks or more before we have reliable data to inform how we might make any changes or revisions. 

Our goal is to find and focus each of your campaign(s) on a single high performing ad vs many low performing ads. We will test and use performance data to optimize strategy, creative, and message on an ongoing basis. 

We keep an eye on your ad campaign on a daily basis and review ad performance trends each week. Each month we review overall performance and message relevance and share our analysis with you to make sure we are optimizing everything we can. If we need to make changes to your ad messaging or imagery, this monthly update will be the optimal time.

Legal info 

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. So we can’t be 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.

Copyrights 

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. 

We love to show off our work and share what we have learned with other people, so we also 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.

Agreement Term

You are agreeing to a 3 month minimum term. This Agreement will automatically renew monthly unless we receive a written notice to terminate.

Termination

If you wish to terminate this Agreement after the 3 month minimum term, you must provide 90 day written notice to terminate. 

Email 90 notice to terminate to: support@rarecurve.com.

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 support@rarecurve.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.

Pricing 

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.

 

AUTHORIZATION

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:

  1. Authorized to make payment; and,

  2. Authorized to engage our services; and, 

  3. 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.

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