This Terms of Service Agreement (the “Agreement”) establishes the terms and conditions under which you (the “Client”) have engaged Escape Plan Marketing, LLC DBA Rocketfuel Social (“Rocketfuel Social”) to perform certain Services as specified herein. This Agreement constitutes a legally binding contract between you and Rocketfuel Social. By becoming a Rocketfuel Social Client, you agree to comply with and be legally bound by the terms and conditions contained in this Agreement. The “Effective Date” of this Agreement shall be the date on which you submit your order for Services to Rocketfuel Social.
Rocketfuel Social will provide Services to the Client as outlined on the Rocketfuel Social website (www.rocketfuelsocial.com). This Agreement supersedes any and all previous agreements and will be presented to you for your acceptance when you sign up. You are responsible for thoroughly reading these terms to ensure you fully comprehend and accept what you are agreeing to.
1.1 Third-Party Platforms and Responsibilities: Rocketfuel Social’s Services often involve working with third-party platforms such as Facebook, Instagram, Twitter, Google My Business, Pinterest, and LinkedIn. Rocketfuel Social has no control over issues that may arise, such as disconnections or password changes, with these platforms. Should you change the password for any of these platforms, it is imperative that you promptly notify Rocketfuel Social to avoid any service interruptions. It is recommended that you regularly review your accounts and the work performed by Rocketfuel Social, providing necessary direction and feedback at least once a week. In the event that Rocketfuel Social is unable to access an account to make posts due to account disconnections or other issues beyond its control, the Client agrees not to hold Rocketfuel Social liable. Rocketfuel Social’s commitment is fulfilled as long as content is being created for the Client’s business. In instances where access to platforms is unavailable, Rocketfuel Social can compensate for missed posts by posting twice a day until the number of missed posts is covered. Please note that missed posts due to account access issues, where Rocketfuel Social is not at fault, do not qualify as grounds for a refund. Further details regarding cancellation and refund policies can be found in the subsequent sections of this Agreement.
This Agreement is governed by the laws of the state of North Carolina, USA.
Rocketfuel Social Obligations
2.1 Rocketfuel Social will provide Services to the Client in accordance with Rocketfuel Social’s standard policies and procedures. Rocketfuel Social reserves the right to decline service to Clients for any reason at its sole discretion. Rocketfuel Social will be responsible for all aspects of providing the Services.
2.2 Rocketfuel Social’s rules, policies, and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply. Rocketfuel Social reserves the right to modify its rules, policies, and operating procedures at any time at its sole discretion. This includes alterations to pricing, package inclusions, and more. Clients may be grandfathered into an archived product if Rocketfuel Social can still offer it, but this is at Rocketfuel Social’s sole discretion.
Service Descriptions, Fees, and Payment
3.1 All fees for Services provided to the Client are due and payable in full, in advance of the provision of Services. The Client must keep a valid credit card securely on file for the monthly payment of fees to cover the recurring charges for the service.
3.2 Initial charges for the service must be paid in advance. Thereafter, Rocketfuel Social will attempt to charge the Client’s credit card on the monthly anniversary date of the Client’s initial service order. If charges are not paid by the due date for any reason, the provision of Services will be suspended until full payment is received. Suspension of Services due to non-payment will not result in a proration of fees.
3.3 Except in the case of a material breach of this Agreement by Rocketfuel Social, Rocketfuel Social 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 Rocketfuel Social. Refunds requested within the 14-day money-back guarantee period will only be processed once all social media posts shared to your social media pages have been deleted. Furthermore, you agree not to use any content Rocketfuel Social created for your business once the refund is processed. Fees due to Rocketfuel Social are not contingent upon any form of marketing results. The Client is paying for time and work performed. Rocketfuel Social offers credits for any genuine mistakes made on its part, provided that there is evidence to support this claim.
3.4 Cancellation Policy – Cancellations are entirely self-serve, and you can cancel a subscription through your client portal by signing in here: https://clients.rocketfuelsocial.com and navigating to the ‘subscriptions’ section. Rocketfuel Social does not issue prorated refunds for cancellations received early in a billing period, but will continue to provide services through the end of the month(s) if requested (this includes multi-month plans where the client has received a discount, however, the client will be required to pay the difference between the discounted and the regular price before continuation of service).
3.5 If work continues on an account that is past due and has not been officially canceled, accrued back-payments will be due, although Rocketfuel Social does not charge interest. Rocketfuel Social commits to maintaining accurate records of all communications and work performed to justify any back-payment due.
3.6 Rocketfuel Social’s Services officially commence on the day you sign up and the onboarding process begins, not when the first post is made. There is no separate setup fee charged as this is included in the monthly payment. If the onboarding process extends beyond 7 business days due to a delay on Rocketfuel Social’s part, the billing date will be adjusted to ensure you receive a full month of service once you are onboarded with at least one profile.
3.7 This Agreement supersedes and replaces all other agreements between the Parties concerning the same subject matter, including any agreements, directions, or claims made by Rocketfuel Social’s employees, unless a formal deviation is verified and agreed upon by both the client and executive-level management at Rocketfuel Social. This includes the CEO of Rocketfuel Social.
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 Rocketfuel Social 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 recommend that clients check their social media accounts twice a week not only to review content and provide feedback but also to alert us of any possible disconnects so we can promptly reconnect. If Rocketfuel Social is creating social media posts and sending them to the client for review in any format, we are fulfilling our contractual obligations as outlined in our terms and conditions.
3.9 Quality of Posting – Social media management is a highly personalized service, and preferences vary among clients. If you wish to review the social media posts and have them automatically shared to your social media profiles, you must include the Content Panel in your chosen plan. The Content Panel is included as standard in the Pro Social Media Posts Plan, Growth Social Media Posts Plan, and Premium Social Media Posts Plan. Without the Content Panel, we will send you the posts for you to share manually.
If there are typos, or posts are published on incorrect dates (e.g., a Christmas Day post going out on December 28th), this is typically due to edits being made and changing the date queue in our publishing software through your revisions. In such cases, we will provide a credit of 5% (essentially the cost of one post) based on your package level per post issue. We do not issue refunds for typos or posts going out on an incorrect date. Although we follow a “No typo policy” and our social media designers/writers are held accountable, 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 if the client does not respond to or mark their content for approval. Unless the plan is canceled, Rocketfuel Social 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. Clients are entitled to one round of edits per week of plans.
3.11 You agree to review your content panel and social media accounts regularly. You commit to spending 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. Rocketfuel Social is not responsible for posts missed on any platforms (due to disconnects beyond our control such as changed passwords or security lockouts), or editing/removing content that has been posted for over two weeks.
3.12 Blog Articles – Once the first draft of a blog article has been completed, a maximum of two revisions are allowed. After this, the product delivered will be considered final. All blog articles will be deemed final and approved after four weeks without feedback. After this period, you agree that no further revisions will be made.
3.13 Disputes – Rocketfuel Social will vigorously defend its terms and conditions through legal means if necessary in the event of a client breach. If such breach occurs, the client’s account will be handed over to debt collection and reported to all three credit reference agencies.
3.14 Less Tech-Savvy Clients – We recognize that some of our clients may not be adept at using computers, software, or social media platforms. As such, we invest a significant amount of time in onboarding your account, which includes establishing connections, providing explanations, engaging in email correspondence, and making phone calls. These activities all form part of the service. Please note that after the 14-day money-back guarantee period, no refunds will be issued if you choose to cancel. You have the option to continue the service until the end of the month, but cancellation due to frustration does not negate the work and time already invested in your account.
3.15 Business Structure and Client Communications by Phone – As an online subscription-based social media service, Rocketfuel Social is not a full-service marketing agency. Our customer service operates on an inbound basis, which means you have the responsibility to regularly check your social media pages and Content Panel, and provide feedback as needed.
As a cost-effective social media management service, we need to manage customer support expenses efficiently. To this end, we have a call booking system in place. Before signing up, you have the opportunity to schedule a FREE 30-minute consultation call. This call is your chance to learn more about our services and ask any questions you might have. Once you become a client, we offer a FREE 15-minute onboarding call. After this call, all customer support is conducted online to maintain low-cost services. Our customer support team is available through live chat, email, or client portal tickets. Please refrain from booking customer support calls by phone, as they will not be honored.
3.16 We encourage you to familiarize yourself with our Phone Support Policy by visiting the following link: https://knowledgebase.rocketfuelsocial.com/article/i-need-a-phone-call
4.1 REFUND POLICY – After making a payment and surpassing the 14-day money-back guarantee period, no refunds will be issued. As stated in various sections of these terms and conditions, refunds are not applicable due to the nature of operating on third-party platforms, potential disconnections, or delayed client reviews. As Rocketfuel Social is a month-to-month subscription service and not a full-service agency, we strictly do not issue refunds. If we fail to create a minimum of one post per week, you agree to accept a credit equivalent to the value of that post.
4.2 Rocketfuel Social CLEARLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING OR RELATED TO THIS AGREEMENT, THE SERVICES, OR ANY MATERIALS OR ASSISTANCE PROVIDED TO THE CLIENT, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, COURSE OF PERFORMANCE OR DEALING, TRADE PRACTICE, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
5.1 The Client shall indemnify and hold harmless Rocketfuel Social, along with 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 the Client of any of the terms of this Agreement.
5.2 Social Media Account Suspensions, Loss of Access, or Deletion – The Client shall indemnify and hold harmless Rocketfuel Social 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 the Client 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 the account (for example, not verifying Twitter or Instagram accounts 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 the Client to login to their 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 their accounts all the time without the account owner ever logging in. This is an important responsibility of the Client’s. This same clause applies to a reseller’s client as well, as they have been asked to sign a similar contract.
5.3 Rocketfuel Social 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. Rocketfuel Social pays for many of these services. Regardless, the Client shall indemnify and hold harmless Rocketfuel Social 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. The Client agrees to assume full responsibility for the content posted to their accounts.
Limitation Of Liability
Rocketfuel Social 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 Rocketfuel Social HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Rocketfuel Social’S LIABILITY TO CLIENT HEREUNDER EXCEED THE AMOUNT PAID TO Rocketfuel Social 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.
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 Rocketfuel Social’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 Rocketfuel Social’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 state of North Carolina, United States without regard to its rules pertaining to conflict of laws. Any litigation or dispute resolution related to this Agreement shall take place in Gastonia, North Carolina, United States, 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 U.S. Postal Service, 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.
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. Rocketfuel Social is always happy to negotiate a favorable outcome for both parties.