Customer Agreement for Facebook Services

CUSTOMER FACEBOOK ADVERTISING SERVICES EXTENSION

Host Capitol, LLC (hereinafter referred to as “Host Capitol”) AND you (hereinafter referred to as “Customer”)

HAVE

entered into this Facebook Advertising Services Agreement (“Agreement”) effective at the time of order.

Unless expressly provided otherwise in your Order/Invoice for this Product/Service, the following provisions apply to your Order for the Product described in the preceding sentence:

I. Fees.

1. One-time setup fee – [See Order/Invoice]
2. Recurring fee – [See Order/Invoice]
3. Reinstatement fee – [See Order/Invoice]

II. Term.

1. You must pay the fees Host Capitol charges for Facebook Products in advance of their delivery.
1. Some Facebook Products Host Capitol provides require a single, one-time payment. You will know if your Product will be delivered for a single payment by referring to your Order. In most circumstances fees for these services/products must be paid by credit card at the time you place your Order. Your Order/Invoice will inform you of whether the Product you purchased is subject to a nominal maintenance or subscription fee that requires a monthly payment by credit card.
2. Some Products Host Capitol provides on a month-to-month basis, under a long-term contract for a period of months, or is subject to a nominal maintenance or subscription fee. You will know if your Product is in this category by referring to your Order. For month-to-month Products, or monthly maintenance/subscription Products, you agree to pay the monthly fee each month on the same date each month. For a long-term contract you must refer to your Order to determine payment terms. For example, certain Facebook advertising and marketing services are month-to-month and you agree to pay by credit card on an automatic monthly recurring basis in advance of the delivery of the services.
1. For Products that require monthly payments, your monthly recurring bill date is not the date on which you place your Order with NetBiz, but instead is the date on which NetBiz notifies you that your Order has been fulfilled.
2. Monthly fees are non-refundable regardless of reason or circumstance.
2. Termination of service or Product
1. You may terminate your month to month Product with NetBiz by sending a cancellation notice to confirm@netbiz.com at least 10 days prior to the next recurring bill date.
2. NetBiz agrees to make a good faith effort to transfer administrative privileges within 10 business days of termination of service.
3. You agree to accept administrative privileges from NetBiz or, when relevant, through the Facebook interface within 10 days of termination of service. If you fail to accept administrative privileges within 10 days of cancellation of services, NetBiz may take any action deemed prudent by its officers, including but not limited to deleting, maintaining, refusing to maintain, or taking any other action regarding all applications, Facebook local business pages, brand/product/organization pages, artist/band/public figure pages, and other Facebook “Fan”, “Like”, “Official” pages, community pages, social groups, events and any variations of such pages created by NetBiz on your behalf.
4. You agree to hold NetBiz harmless and release NetBiz from liability resulting from failure to maintain control of Facebook marketing profiles or properties after termination of service with NetBiz.

III. You acknowledge and warrant that you have read, understood, and will comply with all NetBiz Terms of Service as a part of your business relationship with NetBiz.

1. Host Capitol: [https://www.hostcapitol.com/terms]

IV. You acknowledge and warrant that you have read, understood, and will comply with all Facebook Principles and Facebook’s Statement of Rights and Responsibilities as a part of your business relationship with NetBiz.

1. Facebook: [https://www.facebook.com/legal/terms]

V. Other Provisions.

1. Administrative Access. NetBiz Facebook Services may require that you authorize and provide to NetBiz administrative access to accomplish the fulfillment and functionality of the Products that are specified in your Order. Depending upon the Products you have purchased, you agree to do one or more of the following, which will be specified in your Order:
1. Authorize NetBiz to create and manage Facebook user profiles on your behalf.
2. Authorize NetBiz to create and manage local business pages, brand/product/organization pages, artist/band/public figure pages, and other Facebook “Fan”, “Like”, “Official” pages, community pages and any variations of such pages on your behalf.
3. Authorize NetBiz to create Facebook social groups, on your behalf.
4. Agree to grant NetBiz staff administrative access to local business pages, brand/product/organization pages, artist/band/public figure pages, and other Facebook “Fan”, “Like”, “Official” pages, community pages and any variations of such pages, as needed by NetBiz to provide services to promote your business.
5. Agree to grant administrative access to NetBiz employees and contractors when necessary and requested by NetBiz in writing. You acknowledge that failure to do so will interfere with NetBiz’s ability to deliver your purchased Products. NetBiz will not be held liable for non-delivery of Products due to insufficient account access privileges.
6. Agree to accept all offered administrative privileges related to your purchase, where relevant to your Product and as offered by NetBiz, within 5 days of NetBiz notifying you of privileges availability. If you fail to accept administrative privileges within 5 days of notification of their availability, NetBiz may take any action deemed prudent by its officers, including but not limited to deleting, maintaining, refusing to maintain, or taking any other action regarding all Products sold to you or created by NetBiz on your behalf.
7. Authorize NetBiz to use information from client consultation to formulate and implement client’s brand message.

VI. Headings. The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and shall not affect in any way the interpretation of this Agreement.

VII. Service Stipulations.

1. Customer acknowledges that the very nature of social media lends itself to unpredictable and uncontrollable responses to our Engagement Posts that cannot be withdrawn or removed. NetBiz will use best practices at all times and will at all times act in the best interests of the customer, but NetBiz cannot guarantee specific or desired results in all instances. The products/services provided to customer are strictly on an “as is” basis, all conditions, representations and warranties, whether expressed, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law by NetBiz and its licensors.

NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt,
adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:

1. Customer Election. Customer hereby elects to obtain a Premium Plus Domain through Parent.

2. Parent’s Acceptance. Parent hereby accepts Customer’s election to obtain Premium Plus Domain through Parent.

3. Acceptance to Terms. Customer and Parent agree to the Premium Plus Domain Terms of Service which can be found at http://www.hostcapitol.com/legal/customer-agreement-for-facebook-services.