Terms and Conditions

The purpose of the terms and conditions is to ensure a full understanding of procedures and policies utilized by SociumDigital.  The following procedures and policies supercede any terms or conditions outlined on a contract or agreement that were executed on or before 01/01/2020.  It is the clients responsibility to read and understand the terms and conditions which are outlined on this page prior to and once an agreement is excuted with SociumDigital. 

SUPPORT

• SUPPORT PORTAL
  • https://helpdesk.sociumdigital.com/
• SUPPORT REQUEST
  • All support/project updates will be reported using SociumDigital’s support ticket system: 
  • https://helpdesk.sociumdigital.com/
  • SociumDigital addresses all items in the order they are received based on the SLA https://sociumdigital.com/socium-digital-support-sla/
• PROJECT SUPPORT
  • All project related items will be complete based on the project outline.
  • SociumDigital will assign all task internal and external (Client) task with a “needs completed by” date, this will ensure that all other project task are on schedule. SocuimDigital works in a hybrid agile/waterfall management structure, we will allocate resources where necessary to keep the project on schedule.
  • Client is responsible for all internal communication and project management. SociumDigital will only take direction and feedback from the client designated point of contact.
• PROJECT SUPPORT ADDITIONAL CHARGES (Third Party Apps/Email)
  • All support request made via email, phone, Slack, MS Teams or a client provided support system i.e. Jira, Salesforce Case, Monday etc., are subject to additional fees and/or use or support hours.
• PROJECT SUPPORT ADDITIONAL CHARGES (Support Tickets, Projects)
  • If additional support charges are required for a ticket created in the SociumDigital support portal, SociumDigital will notify the client and obtain approval prior to completing the support request.
• PASSWORDS
  • SociumDigital is not responsible for the maintenance and/or security of passwords for email, website logins, cPanel, FTP credentials, etc. Multiple requests for password reset/support will incur additional charges based on the standard hourly rate.
• PHONE CALLS
  • Phone calls, meetings, etc., will be billed in 15-minute increments (unless specifically noted otherwise in an estimate and/or ticket). At no time will SociumDigital accept instructions concerning your project or tasks via phone. Please note that phone calls, meetings, etc., will include the time it takes to document, and email requests made during the phone call to the client.

 

TICKET COMMUNICATION & FOLLOW-UP

• Ticket Followup: SociumDigital expects clients to promptly follow up on all ticket requests and responses within three (3) business days. Failure to do so will result in the automatic closure of the existing Support Ticket and may lead to project or support delays. Closed tickets due to this automation will necessitate the end user opening a new Support Ticket, subject to assignment based on the agreed Service Level Agreement (SLA) and availability.
• Centralized Communication: All communication regarding ongoing support or project-related matters must be conducted within the corresponding Support Ticket. Direct communication by the client through channels such as Email, Chat (e.g., Google Chat, Teams, Slack), or Text (e.g., Text, SMS, iMessage) to a Support Agent is not permitted and falls outside SociumDigital’s SLA.
• Billing for Non-Compliant Communication: Communication initiated by the client through direct channels, including Email, Chat, or Text, will not be covered under the monthly support hours. Such communication will be billed separately at the current bill rate, with a minimum charge of one (1) hour.
• Responsibility and SLA Violations: If the client initiates communication outside of the designated Support Ticket, SociumDigital will not be held responsible for resulting delays or SLA violations.By adhering to these guidelines, we ensure efficient communication, effective support, and timely resolution of issues, ultimately enhancing the quality of our services.

 

LAW COMPLIANCE

SociumDigital acknowledges the importance of legal compliance in the context of website and email practices. To ensure adherence to local, state, and national laws, SociumDigital strongly recommends that clients seek legal counsel for a comprehensive understanding of relevant legal requirements.

• Client Responsibility: The client assumes full responsibility for compliance with all legal obligations related to the services provided by SociumDigital, unless explicitly stated otherwise in a ticket and/or estimate provided by SociumDigital. This includes, but is not limited to, obligations related to data privacy, intellectual property rights, consumer protection, and any other laws and regulations applicable to the client’s specific industry and geographical location.

SociumDigital is committed to supporting clients in achieving their legal compliance goals, but it is ultimately the client’s responsibility to ensure that their website and email practices align with the applicable laws and regulations.

Please note that this section is provided for informational purposes only and does not constitute legal advice. Clients are strongly encouraged to consult with legal professionals to address their specific legal compliance needs.

Usage of Materials and Compliance with Copyright Laws

Using any materials, including but not limited to images, copy, logos, designs, code, intellectual property, and any other assets provided by SociumDigital, without completing full payment for purchased materials and rendered services constitutes a violation of federal copyright laws.

• Client Responsibility: The client acknowledges and agrees that they are responsible for covering all costs associated with any images or materials they provide to SociumDigital. Furthermore, the client confirms that all materials supplied to SociumDigital have been obtained through lawful means, including appropriate purchases or permissions. In the event of any legal issues, lawsuits, fines, or other consequences resulting from the client’s provision of illegal or unauthorized images or materials to SociumDigital, the sole responsibility rests with the client, and SociumDigital shall be held harmless from any associated liability.
• Usage and Licensing: It is important to understand that full payment to SociumDigital grants the client the right to use the chosen design and technologies exclusively for the specific project outlined in the agreement. Any additional or broader usage of materials produced by SociumDigital may be subject to a separate licensing agreement. The client acknowledges that any such usage beyond the project’s scope will require a written request to SociumDigital.

Should the client cancel the project during its course, the client will be billed for the portion of the project completed as of that date based on their current bill rate.

Non-Solicitation and Non-Interference Clause

To maintain a productive and professional working relationship, it is essential to establish guidelines that prevent clients, vendors, and partners from circumventing SociumDigital to engage in direct interactions. Therefore, the following non-solicitation and non-interference clauses are hereby outlined:

• Client Non-Solicitation: Clients of SociumDigital, whether current or former, are strictly prohibited from directly soliciting or engaging in business transactions with SociumDigital’s vendors, subcontractors, or employees who have been engaged or introduced to the client by SociumDigital during the course of their project or contractual engagement. This prohibition remains in effect for a period of [insert duration, e.g., one year] from the termination or completion of the project.
• Vendor Non-Solicitation: Vendors, subcontractors, or partners of SociumDigital are also prohibited from directly soliciting business or entering into direct contractual relationships with SociumDigital’s clients during the term of their partnership with SociumDigital and for a period of [insert duration, e.g., one year] following the termination of their partnership or engagement with SociumDigital.
• Monetary Damages: In the event of a breach of this non-solicitation and non-interference clause, the party in violation shall be liable to SociumDigital for monetary damages equivalent to 25% of the annual contract/retainer value in place at the time of the breach. This amount shall serve as liquidated damages and not as a penalty.
• Exceptions: Exceptions to this non-solicitation clause may be granted in writing by SociumDigital, subject to mutually agreeable terms and conditions.
• Enforcement: SociumDigital reserves the right to enforce this non-solicitation and non-interference clause through legal means if a violation is detected. Any parties found in violation may be subject to legal action, including but not limited to seeking injunctive relief and damages.

By engaging with SociumDigital, clients, vendors, subcontractors, and partners acknowledge and agree to abide by this non-solicitation and non-interference clause, understanding its significance in maintaining a productive and professional working relationship.

RETAINER TERMINATION BY THE CLIENT

In the event that the client chooses to cancel a retainer agreement, the client will be invoiced for any hours that exceed the allocated retainer hours accrued during that month. These additional hours will be billed at the current bill rate.

• Example: If a client is granted a monthly allocation of 30 hours and decides to cancel the agreement with a remaining balance of 70 hours, the client is responsible for the final monthly retainer payment (in this instance, 30 hours) as well as the additional 40 hours, resulting in a total of 70 hours (30 retainer hours + 40 additional hours).

 

RETAINER TERMINATION BY SOCIUMDIGITAL

SociumDigital reserves the right to terminate a retainer agreement under the following circumstances:

• Client Delays and Unreasonable Expectations: If the client consistently delays project timelines and expects SociumDigital to expedite work without reasonable notice or consideration for project planning.
• Consistent Delayed Retainer Payments: In cases where the client fails to make timely payments as stipulated in the retainer agreement.
• Other Circumstances: SociumDigital may, at its discretion, cancel a retainer agreement in exceptional circumstances not explicitly mentioned herein, where it is deemed necessary to protect the interests of SociumDigital.

Upon the cancellation of a retainer agreement by SociumDigital, the following conditions will apply:

• Loss of Unused Hours: All unused hours within the retainer will be forfeited and cannot be redeemed or carried forward for future projects.
• No Refunds: SociumDigital will not issue any refunds for unused hours or any other charges associated with the retainer agreement.

 

FINAL PAYMENT

Payment for any extra hours and/or any outstanding invoices must be made in full within 15 days (Net 15 Terms) from the date of the invoice. Failure to make payment within the stipulated terms will result in an adjustment of the hourly rate on all outstanding invoices to the Standard Rate, with the amount due upon receipt. Additionally, invoices that remain unpaid beyond 30 days are subject to additional finance charges.

 

ROLLOVER POLICY

In the event of an adjustment to a retainer agreement, any unused rollover hours from the previous agreement are null/void and will be recalibrated according to the terms of the new retainer agreement. Rollover hours do not apply to retainer agreements involving less than 50 hours.

 

LICENSES

Unless specifically outlined in an estimate and/or ticket, any software, plugin, product licenses needed will be provided by the client. Maintaining license renewals is the sole responsibility of the client. SociumDigital is under no obligation to purchase or maintain licenses needed. SociumDigital will not utilize software, plugins, or products requiring a license without approval from client.

CONTENT

All content, including images, logos, and copy, are to be provided by the client in an approved format (list below) unless specifically outlined in the ticket and/or estimate. All assets and content must be provided to SociumDigital via the ticket.

SociumDigital may utilize free stock photography and/or “lorem ipsum” placeholder text if no content is provided by the client.

• APPROVED CONTENT FORMATS
  • Images – JPEG, JPG, PNG, AI, PSD, SVG, PDF, TIFF, GIF, WebP
  • Video – MP4, WMV, MOV, FLV, AVI
  • Copy – DOC, DOCX, TXT
  • Audio – MP3, WAV, WMA

 

SECURE INFORMATION

All information containing passwords, secure information, etc. must be sent through SociumDigital’s secure portal available at https://message.sociumdigital.com.

SociumDigital will not be held responsible for sensitive information sent to SociumDigital via the SociumDigital ticketing system and/or email.

PAYMENT TERMS

Unless specifically outlined in an estimate and/or ticket, SociumDigital’s payment terms are as follows: Payment is due Net 15 upon receipt of invoice. Payments are considered late after 30 days after the invoice date and may result in website suspension, late fees, reactivation fees, and ultimately account termination.

TIME LOGS/TRACKING

SociumDigital tracks all support and project time on the support/project ticket. It is the responsibility of the client to be aware of all time logged/allocated on all project or support tickets.  If the client request an account reconciliation of hours greater than 30 days, SociumDigital will bill at the current Tier to extract and reconcile data.  If it is determined during the reconciliation that the client has overpaid a credit will be issued. If it is determined during the reconciliation the client was underbilled for hours, SociumDigital will generate an Invoice for those unbilled hours at the current Tier bill rate and will be due upon receipt. 

Additional request on projects or support tickets that take additional time outside the original agreed upon amount (projects) or estimate for support request, will result in the additional time being billed at the current billable rate.

CHANGE ORDER POLICY

Any events, additional developments, or excessive revisions that require added work beyond the outlined project scope or support request will be considered an addendum and priced accordingly. Additional work will not commence without the written approval from the client via the support portal. 

CLIENT CONTACT INFORMATION

It is the responsibility of the client to notify SociumDigital of any changes in contact information. SociumDigital technicians will only provide support to contacts we have on file. Failure to update contact information may result in delays in support, loss of data, account termination, loss of domain names, and more.