Terms of Service
This Terms of Service Agreement (the "Agreement") outlines the terms and conditions under which you (the "Client") have engaged Social Spark to provide specific services as defined herein. This is a legally binding agreement between you and Social Spark. By becoming a Social Spark Client, 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 submit your order for Services to Social Spark.
1. Services
Social Spark will provide Services to Client as detailed on the Social Spark website (https://socialsparkhq.com). This agreement overrides all previous agreements and is presented to you during sign-up for your approval. It is your responsibility to thoroughly read these terms to fully understand what you are agreeing to.
1.1 Given the nature of working with third-party platforms such as Facebook, Instagram, Twitter, Google My Business, Pinterest, and LinkedIn, we sometimes have no control over issues that may arise, such as disconnections or password changes. If you alter your password, you are required to notify Social Spark promptly to prevent any service interruption. It is recommended to review your accounts and our work at least once a week, as well as provide us with guidance and feedback. In the event of a disconnect or an inability to access the account for posting, the client agrees to not hold Social Spark accountable. As long as we continue creating content for your business, we are fulfilling our service as described. If we lack access to any platforms, we can compensate for any missed posts by posting twice a day until the backlog of missed posts is cleared. Missed posts due to account lockouts that are not the fault of Social Spark do not qualify for a refund. Keep reading for information on our cancellation and refund policies.
2. Social Spark Obligations
2.1 Social Spark will provide Services to the Client following Social Spark's standard policies and procedures. Social Spark retains the right to decline Clients for any reason, at Social Spark’s sole discretion. Social Spark will manage all aspects of providing the Services.
2.2 All Social Spark rules, policies, and operating procedures concerning privacy, pricing, customer service, and all other service aspects will apply, and Social Spark may modify its rules, policies, and operating procedures at its sole discretion from time to time. This includes pricing, package inclusions, and more. You may be grandfathered into an archived product if we can still offer it, but that decision lies at Social Spark’s sole discretion.
3. 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 should be securely maintained on file to cover recurring charges for service.
3.2 Initial service charges must be paid in advance. Subsequently, Social Spark will attempt to charge the Client’s credit card on the monthly anniversary of the client's initial order of services. Any charges not paid by the due date will lead to a suspension of Services until full payment is secured. Suspension of Services due to non-payment does not warrant a proration of fees.
3.3 Except in cases where Social Spark materially breaches this agreement, Social Spark does not issue refunds of any fees beyond the 14-day money-back guarantee, which applies only to your initial order with Social Spark. Refunds requested within the 14-day money-back guarantee will only be processed after all social media posts shared to your social media pages have been deleted. You also agree not to use any content created by Social Spark for your business once the refund is processed. Fees payable to Social Spark are not dependent on any form of marketing results. The Client is paying for time and work performed. Social Spark offers credits for any substantiated errors made on our side.
3.4 Cancellation Policy – Cancellations are entirely self-service, and you can cancel a subscription via your client portal by signing in here: https://clients.socialspark.com and visiting the ‘subscriptions’ section. We do not issue prorated refunds for cancellations made early in a billing period, but we will complete the remaining month(s) if requested (this includes multi-month plans where the client received a discount; however, we will require the discounted price to be voided and the difference paid before the continuation of service).
3.5 Continued work on a past-due client who did not cancel will result in accrued back-payments due, but we do not charge interest. We commit to maintaining precise records of all communication and work performed to justify the back-payment due.
3.6 Our Services officially begin on the day you sign up, and we initiate the onboarding process, not when we make the first post. We do not charge a setup fee for this reason. This setup work and onboarding fee are included in the monthly payment. If onboarding extends beyond seven business days due to a delay by Social Spark, we will adjust your billing date to ensure you receive a full month of service once you are onboarded with at least one profile.
3.7 This Agreement will supersede all other agreements between the Parties on the same subject matter, including any agreements, instructions, or claims made by Social Spark’s employees, unless a formal variance is confirmed and agreed upon by the client and executive-level management at Social Spark, including the CEO of Social Spark.
3.8 Posting to Multiple Platforms and Missed Posts – In case your social media pages get 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 Social Spark will not be held liable or issue any credit or partial refunds. However, we will reschedule the posts as soon as you reconnect your pages. We advise our clients to check their social media accounts twice a week, not just to review content and provide feedback, but also to alert us of any possible disconnects so we can promptly reconnect. For this reason, if Social Spark 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 Post Quality – Social media management is a highly tailored service; preferences can vary widely from one client to another. If you would like to approve social media posts before they are automatically shared on your profiles, the Content Panel must be included in your chosen plan. This feature is standard in our Pro, Growth, and Premium Social Media Posts Plans. If the Content Panel isn't included, we will send you the posts for manual sharing.
Any typographical errors or posts shared on the wrong day (e.g., a Christmas Day post shared on December 28th) usually occur due to adjustments that alter the date queue in our publishing software. In such instances, we will offer a credit of 5% (approximately the cost of a single post) based on your package level per post issue. We do not issue refunds for typographical errors or date mismatches. Despite our “No typo policy” and penalties imposed on our social media designers/writers, you agree to accept credit for all such incidents.
3.10 Content Review and Approval – All plans continue to be fulfilled even in the absence of client feedback or approval of the content. Unless the plan is cancelled, Social Spark will continue to provide services. If a client fails to approve content for any period, they can resume the approval process whenever they are ready. Our policy is to pause billing while the previously created backlog of plans gets approved and posted to the client
3.11 Regular Reviews – You agree to consistently review your content panel and social media accounts, dedicating approximately 10 minutes every other week to ensure our posts meet your expectations and no platforms are missing posts. Social Spark is not responsible for missed posts on any platforms due to uncontrollable disconnects like changed passwords or security lockouts, or for editing/removing content that has been posted over two weeks ago or longer.
3.12 Blog Posts – After the completion of the first draft, a maximum of two revisions are allowed, after which the delivered product will be deemed final. All blog articles are considered final and approved after 4 weeks of receiving no feedback. After this period, you agree that no further revisions will be made.
3.13 Reseller Program– All terms and conditions within this agreement apply to any customers you introduce as a reseller. We recommend using our agreement as a template for your clients to sign a similar document. Resellers must pay for services in advance for their clients, and it is the reseller's sole responsibility to collect payment from their customers. If your customer fails to pay you, we will not issue a refund for the services rendered. As a reseller, you must inform us promptly if any of your customers are canceling. If we are not properly notified of the cancellation as described in this agreement and continue to provide services, you will be fully responsible for the payment of these services. No refund policy is in place once a client has been onboarded. The reseller's responsibilities also include managing and facilitating timely client communication between your client and Social Spark. Delays in communication can lead to various issues, and we will not issue refunds for missed posts due to disconnects; reviewing social content and connections as described in this agreement is your responsibility.
3.14 Disputes – In the event of a client breaching our terms and conditions, we will resolutely defend our position, utilizing legal avenues when necessary. Your account will then be forwarded to a debt collection agency, and we will report you to all three credit reference agencies.
3.15 Less Tech-Savvy Clients – We understand that not all clients may be familiar with technology, various software, or even the workings of social media. That's why we invest a considerable amount of time in onboarding your account to ensure the delivery of our service. This includes time spent explaining the process, exchanging emails, and participating in phone calls. This all counts as time spent serving your account. Please note, if you choose to cancel after the 14-day money-back guarantee period, no refunds will be provided. However, you are welcome to continue using our services until the end of the paid month. Your decision to cancel due to frustration does not discount the time and work we've already invested in your account.
3.16 Resellers – If you join us as a Reseller using your Cloud Campaign account and then decide to cancel that account, we must halt your services immediately until we can onboard you onto our platform. If you cancel your Cloud Campaign without prior notice and do not wish to continue with Social Spark's service, you will forfeit the remaining balance of the month's fees with no prorated refunds provided. Please note that Social Spark and Cloud Campaign are two separate entities, so if you wish to cancel both accounts, you'll need to do so on each platform individually.
3.17 Business Structure and Client Phone Communication – As an online subscription-based social media service rather than a full-service marketing agency, our customer service is focused on inbound communication. This means you have the responsibility of regularly checking your social media pages/Content Panel on all plans and providing feedback if necessary. As a budget-friendly social media management company, our major expenses lie in customer support. Therefore, we use a call booking system. Before signing up, we provide a free 30-minute consultation call. This gives you the chance to understand more about our service and have all your queries answered before starting. Once you become a customer, we also offer a free 15-minute onboarding call. However, post the onboarding call, all customer support is online to maintain our low-cost services. Our customer support team is ready to assist you via live chat, email, or tickets via the client portal. Please avoid booking customer support calls as they will be canceled.
4. Warranty Disclaimers
4.1 REFUND POLICY – Once the payment has been made and the 14-day money-back guarantee period has lapsed, no refunds will be issued. As outlined throughout these terms and conditions, due to the nature of operating on third-party platforms, instances of disconnection, delayed review of our work by clients, and our operation as a monthly subscription service (rather than a full-service agency), we offer absolutely no refunds. In the event that we fail to create at least one post per week, you agree to accept credit equivalent to the value of that post.
4.2 – Social Spark SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THIS AGREEMENT, THE SERVICES, OR ANY SUPPORT OR MATERIALS PROVIDED TO THE CLIENT, BE THEY EXPRESS OR IMPLIED. THIS INCLUDES BUT IS NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, CONSISTENCY OF PERFORMANCE OR DEALING, TRADE PRACTICE, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
5. Indemnity
5.1 The client agrees to indemnify and hold harmless Social Spark, 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) resulting from or connected to any violation of the terms of this Agreement by the client.
5.2 Social Media Account Suspensions, Access Loss, or Deletion – The client agrees to indemnify and hold harmless Social Spark, 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) related to issues such as social media account suspensions, copyright disputes, unintentional loss of access, account deletion, or any other issues concerning third-party platforms. Factors leading to a social media account suspension or disablement may include, but are not limited to, the usage of bots or plug-ins that violate the social platform's TOS, 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 that can receive texts to confirm the account), personal accounts should display a real person's photo, not a logo, and should behave as a person, not a business. As previously mentioned, you are required to log into your content panel or social media accounts regularly (weekly is standard, but at least once a month) to ensure they remain active and don't get flagged due to constant posts without the account owner ever logging in. This is a crucial responsibility for you, the client. This clause also applies to a reseller's client, and you are required to have them sign a similar contract.
5.3 Social Spark uses only images provided by the client or selected from several databases offering royalty-free images for marketing purposes when creating graphics for posts. We pay for many of these services. Nevertheless, the client will indemnify and hold harmless Social Spark 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 on a client's social media account that result in any claims of copyright infringement. The client agrees to assume full responsibility for the content posted on their accounts.
6. Limitation of Liability
Social Spark SHALL NOT BE LIABLE TO THE CLIENT OR ANY ENTITY OR PERSON CLAIMING THROUGH OR UNDER THE 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 Social Spark HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Social Spark’s LIABILITY TO THE CLIENT HEREUNDER EXCEED THE AMOUNT PAID TO Social Spark BY THE 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. THE 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.
7. Miscellaneous
This Agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter. This Agreement may be amended from time to time in Social Spark’s sole discretion, with the most current agreement always published here. An email communication sent to the Client’s last known email address will be deemed sufficient notice of any such changes in this Agreement. This Agreement shall bind upon and benefit the parties' successors and permitted assigns; however, the Client may not assign this Agreement, in whole or in part, without Social Spark’s prior written consent and any assignment by the Client without such consent shall be null and void. This Agreement shall be governed by and interpreted in accordance with the laws of the location where Social Spark operates, without regard to its conflict of law rules. Any litigation or dispute resolution related to this Agreement shall take place in the jurisdiction where Social Spark operates, 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 the equivalent of the U.K. Royal 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.
8. Credit Card Disputes
In the event of a credit card dispute, all credits, refunds, and account work come 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 willing to negotiate a favorable outcome for both parties.