Service Terms Agreement

This Service Terms Agreement (“Agreement”) outlines the terms and conditions under which you (“Client”) have engaged Sunday to provide specific services as defined herein. This is a legally binding agreement between you and Sunday. By becoming a client of Sunday, you agree to abide by the terms and conditions set forth in this Agreement. The “Effective Date” of this Agreement will be the date on which you sign the contract that will be sent to you by Sunday.

1. Services The Provider will provide Services to the Client as detailed in Schedule A of this Agreement.

1.1 Given the nature of working with third-party platforms such as Facebook, Instagram, X, Tiktok, Pinterest, and LinkedIn, we sometimes have no control over issues that may arise, such as disconnections or password changes. If you change your password, you must promptly inform the Provider to avoid any service interruption. It is recommended to check your accounts and our work at least once a week, as well as to provide us with guidance and feedback. In the event of disconnection or inability to access the account for posting, the client agrees not to hold the Provider responsible. As long as we continue to create content for your business, we fulfill our service as described. If we lack access to platforms, we can compensate for any missed posts by posting twice a day until the backlog of missed posts is caught up. Missed posts due to account locks that are not the fault of the Provider do not entitle you to a refund.

1. Provider’s Obligations 2.1 The Provider will provide Services to the Client in accordance with the Provider’s standard policies and procedures. The Provider will manage all aspects of the provision of Services.
2. Services, Fees, and Payment 3.1 All fees for Services rendered to the Client are due in full, payable in advance of the provision of Services. A valid credit card for monthly payment of fees must be securely maintained on file to cover recurring service charges.

3.2 Base Compensation – In consideration of the services to be rendered to the Client under this Agreement, the Client agrees and undertakes to pay the Provider the compensation in accordance with the chosen package.

3.3 The Client agrees to pay the Provider, on the date of signing this Agreement, a lump sum of TWO HUNDRED FIFTY DOLLARS ($250.00) for the setup of their account as well as a deposit equivalent to the amount of the chosen package. The deposit will be refunded at the end of the mandate or used as the final payment. Thereafter, the Provider will bill the Client’s credit card on the first of each month. Any fee unpaid by the due date will result in a suspension of Services until full payment is secured. Suspension of Services due to non-payment does not justify a prorated refund of fees.

3.4 Except in cases where the Provider fails to comply with this agreement substantially, the Provider does not issue refunds of fees. The Client pays for the time and work performed.

3.5 Cancellation Policy – You may cancel a subscription by sending an email to: [email protected]. If cancellation is made at any time during the current month, cancellation will take effect at the end of the following billing month, thus allowing the provision of services until that date. Cancellation requests do not lead to an immediate halt in services but ensure that the service will not be renewed for the next billing cycle. We do not issue prorated refunds for cancellations made early in a billing period.

3.6 Payment Terms: The first payment, for the account setup and deposit, is due at the time of signing the contract. Payment for the first month of service will be made when the postings begin on a date previously agreed between the provider and the client. This approach ensures that monthly fees only begin with the actual start of service provision.

3.7 This Agreement supersedes all other agreements between the Parties on the same subject, including any agreement, instruction, or claim made by the Provider’s employees, unless a formal variance is confirmed and agreed upon by the client and executive level management at the Provider.

3.8 Quality of Posts – Social media management is a highly personalized service; preferences can vary significantly from one client to another, and for this reason, we ask you to approve the posts before they are published. However, given the moderate costs associated with this agreement, it is important to note that no content strategy specifically designed for the acquisition of new clients is developed as part of our services. The main goal of our work is to indirectly influence user engagement and the client’s brand perception on social platforms.

We would like to clarify that, within the context of this agreement, the focus is on creating content aimed at strengthening the brand presence and generally engaging with the existing community, rather than directly increasing the number of subscribers or improving the engagement rate. It is therefore normal and expected not to immediately observe a significant increase in subscriber rates or a notable improvement in engagement rates.

3.9 Content Review and Approval – It is the client’s responsibility to approve the content intended for publication before the defined publication date. The client undertakes to provide clear and precise instructions regarding any requests for modifications to the planned posts. It is understood that the client will validate all of the month’s publications at one time. This contract includes a single revision cycle for all proposed monthly content. Any requests for additional modifications, beyond the first included revision cycle, will be charged at a rate of $75 per hour. It is also agreed that no modifications will be made to posts that have already been published. No content will be published without the explicit approval of the client. In the event that the client does not approve the content, no refund will be made for the month of content already created, and no posts will be made on the client’s social media platforms. The Provider undertakes to send reminders to the client if they do not approve the posts. If no response is obtained from the client after two weeks of contact attempts, the provider will terminate the provision of services for the following month, and the client’s account will be automatically closed.

3.10 Modification of Existing Posts – The Provider will not undertake the editing or deletion of content already published on the platforms, whether created by the Provider or another party.

1. Warranty Exclusions 4.1 REFUND POLICY – Once payment is made, no refunds will be issued. As stated throughout these terms and conditions, due to the nature of operation on third-party platforms, instances of disconnection, and delays in reviewing our work by clients, we absolutely do not offer refunds.

4.2 – The provider specifically excludes any warranty related to this agreement, the services, or any support or materials provided to the client, whether explicit or implicit. This includes, but is not limited to, warranties of merchantability, consistency, performance or transaction, commercial practice, title, non-infringement, and fitness for a particular purpose.

1. Indemnity 5.1 The client agrees to indemnify and hold harmless the Provider, its clients, suppliers, directors, officers, agents, and employees from all losses, costs, damages, liabilities, and expenses (including, without limitation, reasonable attorney’s fees) arising from or related to any breach of the terms of this Agreement by the client.

5.2 Account Suspensions on Social Networks, Loss of Access, or Account Deletion – The client agrees to indemnify and hold harmless the Provider, its clients, suppliers, directors, officers, agents, and employees from all losses, costs, damages, liabilities, and expenses (including, without limitation, reasonable attorney’s fees) related to problems such as account suspensions on social networks, copyright disputes, unintentional loss of access, account deletion, or any other issue concerning third-party platforms. Factors leading to a suspension or deactivation of an account on social networks may include, but are not limited to, the use of bots or plugins that violate the TOS of the social platform, setting up a personal account as a business account, failing to verify your account (e.g., not verifying your Twitter or Instagram account with an email and frequently adding a phone number capable of receiving SMS to confirm the account), personal accounts must display a photo of a real person, not a logo, and must behave like a person, not a business. You are required to log into your social network accounts regularly (weekly is standard, but at least once a month) to ensure they remain active and are not reported due to constant posts without the account owner ever logging in. This is a critical responsibility for you, the client.

5.3 The Provider uses only images provided by the client or selected from several databases offering royalty-free images for marketing purposes when creating graphics for posts. Nonetheless, the client will indemnify and hold harmless the Provider and its clients, suppliers, directors, officers, agents, and employees from all losses, costs, damages, liabilities, and expenses (including, without limitation, reasonable attorney’s fees) arising from or related to any problem with the content posted on a client’s social media account resulting in copyright infringement claims. The client agrees to assume full responsibility for the content posted on their accounts.

1. Limitation of Liability 6.1 The provider shall not be liable to the client or any entity or person claiming through or under the client for any loss of profit or revenue or other indirect, consequential, incidental, or special damages, whether in an action for contract or tort, in connection with this agreement, even if the provider has been advised of the possibility of such damages.

6.2 Subjection – This Agreement, its interpretation, execution, application, validity, and effects are subject to the applicable laws in force in the province of Quebec, which govern, in part or in whole, all of the provisions contained herein.

6.3 Canadian Currency – All sums of money provided for in this Agreement refer to Canadian currency. Moreover, unless otherwise indicated in the text, the sums of money mentioned in this Agreement are not to be interpreted as including the goods and services tax (GST), the Quebec sales tax (QST), and any other taxable tax on such payment during the duration of this Agreement.

1. Commitment Subject to the terms, conditions, and stipulations herein provided and expressly conditioned upon the Client observing, respecting, and complying with each and every one of the clauses, conditions, and stipulations of this Agreement, the Provider agrees to provide the Client, and the latter grants the Provider the mandate to provide the services as described in the package list herein as an integral part of it; The Client agrees and accepts that any request for modification of the services requested, as described in this Agreement, can only be modified by signing an amendment to this Agreement. Such amendment will be annexed to this Agreement as an integral part thereof. Moreover, it is understood between the parties that the amount of compensation and applicable fees will be adjusted as of the effective date of the requested and accepted modification. However, notwithstanding the foregoing, for sporadic mandates or services, the parties may agree to proceed by a simple exchange of emails describing the terms of the sporadic mandate or service as well as the amount of compensation and applicable fees and confirming the acceptance of these terms and fees.

1. Credit Card Disputes In the event of a credit card dispute, all credits, refunds, and work on the account are suspended until the dispute is resolved. Resolving a dispute can take from 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 willing to negotiate a favorable outcome for both parties.