It is the intent of Backer Flood to provide excellent services for our clients using best industry practices. Backer Flood services are offered as a fee agreement and/or percentage of sales basis with no long term contract commitment. One Time Fee Pricing is fixed at the point of purchase, and except for termination as provided below, will not be altered unless agreed upon by both parties.
By using services provided by Backer Flood (“us”, “we”, “our”, “Company”), you (“you” or “client”) agree to the following terms and conditions of service:
Facebook Advertising Campaigns
A Facebook advertising campaign is an advertising service provided by Company utilizing technology that is in the sole control of Facebook. Consultation services and marketing strategies are the sole intellectual property of Company. We are not affiliated with Facebook, Inc., Kickstarter, Inc., Indiegogo, Inc, or Go Fund Me, Inc.
Payment of advertising budget will be received in advance of services rendered. Charges consist of a non-refundable one time account creation fee and ads budget. In the event that we are unable to provide service related to Facebook advertising, your order will be canceled and your fee and ads budget will be returned to you. Charges will be refunded to the payment form on file less actual expenses incurred by us in the attempt to provide service. If you cancel your service before your ads are approved and/or before any expenses are incurred by us we reserve the right to deny a refund for any reason, and/or charge a minimum of $50 as a cancellation fee. If you intend to cancel your ads early then do not use our service. There are no refunds in the event of a cancellation or for any reason.
We provide a variety of graphics design services. Commissioning of graphic design services begins when payment is received in full and is concluded upon the delivery of the finished product. Delivery of finished product will be defined by us as the submission and publication of the product on Facebook. Upon publication, you will have 2 business days to reject the published product. We will provide a maximum of three (3) revisions to the original delivered product. Upon delivery of the commissioned work, except for Company Intellectual Property (defined below), we irrevocably transfer all rights, ownership, intellectual property interest and legal title of the designs to you. Under this agreement Backer Flood does not take ownership of any intellectual property you provide us.
A Backer Flood targeted Facebook advertising campaign is an advertising service provided by Company utilizing technology that is in the sole control of other advertising mediums (Facebook). The nature of each of these products is such that the Company targets markets using certain demographic information by using zip codes, cities, interests, age, gender, or a combination thereof. Dependant on the demographics, the Company may or may not limit the number of clients and ads in an area by population and Facebook users.
Consultation services and marketing strategies are the sole intellectual property of Company. We are not affiliated with Facebook. Each of these campaigns are directed to a very targeted geographic area that appear to users registered in those specific areas.
Facebook utilizes both user disclosed locations and IP addresses. In addition to location, campaigns are targeting by other limiting factors on Facebook such as age, hobbies, education, etc.
All Facebook Campaigns
Mobile Products are only available to those who have an approved Facebook Business Page.
During the creation of a Facebook Advertising Campaign or other graphics project, we may request that graphic and/or textual materials be provided by you. We will not be held liable in the instance that materials you provide are copyright protected. By providing materials, you certify that you are the owner of the materials. You are responsible for the accuracy, completeness and proprietary nature of all information and material furnished or specified by you to us. You are responsible for the rights, licenses and permissions to use the material furnished or specified by you to us. We will also not be held liable in the instance that materials you provide are defamatory, slanderous, and/or malicious to anyone. By providing materials, you certify that they are not defamatory, slanderous, or malicious to anyone.
Company’s Intellectual Property
You acknowledge that Company owns certain underlying modules, routines, source code, programming code, hypertext, and other pre-existing materials that Company routinely uses and develops in the performance of its services for other clients, including but not limited to Company’s various ideas, know-how, development tools, techniques and other proprietary material or information that may be used in performing its obligations under this agreement (collectively, “Company Intellectual Property”). All Company Intellectual Property shall remain the sole property of Company. By using our service you agree to allow company to use your name and content on our website and in other marketing materials as a recent client, success story, feature, or example for marketing purposes.
You agree that Company may use a collection of the work product produced for you under this agreement in a portfolio of our work that may be shown to third parties, including publicly on the Internet.
Appointment Times, Consultations & Obligations
At the time of purchase, a time may be scheduled for a consultation with an advertising strategist to aid in the creation of a Facebook Advertising Campaign or other graphics project. We will in good faith attempt to keep all appointments at the scheduled time. In the instance that we are unable to conduct a consultation at the scheduled time, for any reason, proper notification will be sent via telephone call and/or electronic communication to reschedule said appointment. In the event that client is unavailable for the scheduled appointment a reasonable effort will be made by us to reschedule consultation. If unable to reschedule within five (3) business days from the date of the initial scheduled consultation, we will consider the consultation waived by client and use best practices to provide services. In summary, if we or you, the client, are unable to connect within five (3) business days of the original purchase, services will be provided by us using best practices and without consultation.
No Guarantee of Results
We use best industry practices and make every effort to provide excellent service; however, we cannot guarantee any particular result. Each package comes with a specific ad reach as tracked and measured by Facebook reporting and metrics. We cannot predict or guarantee a certain dollar amount or ROI from our advertising efforts. By using our service you understand that results may vary.
Facebook Proprietary Property
We are in no way affiliated with Facebook Inc. Technology used in providing services is the sole property of Facebook and is not under the control of Company. As a result, when Facebook makes changes to its technology, we will make a reasonable effort to adjust to said changes. We will not be held liable for changes in policy and technology made by Facebook.
You will indemnify, defend and hold Company and its officers, employees, agents and affiliates harmless from and against any and all costs, liabilities, losses, damages, and expenses (including without limitation reasonable attorney’s fees) resulting from any actual or threatened claim, lawsuit, legal action or proceeding brought by any third parties against Company alleging that any materials, information or content provided to us by you (or material created by us that is modified or altered by you) violates, infringes or misappropriates the rights of any third party.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THERE ARE NO OTHER WARRANTIES, CONDITIONS, CLAIMS OR REPRESENTATIONS, WITH RESPECT TO THE SERVICES OR DELIVERABLES, INCLUDING WITHOUT LIMITATION, IMPLIED CONDITIONS OR WARRANTIES OF QUALITY, PERFORMANCE, FUNDING, ROI, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. THE SERVICES AND DELIVERABLES ARE PROVIDED ON AN “AS IS” BASIS.
Limitation of Damages
Damages are limited to the purchase price of the service ordered. Damages are limited in any lawsuit to the purchase price paid to us. Under no circumstances do damages go beyond the purchase price. In no event will Company be liable for any special, indirect, incidental, exemplary, punitive or consequential damages, even if Company has previously been advised of the possibility of such damages. By using our service you also agree that each crowdfunding project is unique and cannot be aggregated into a group or class. The efficacy of our service and the success or failure of a crowdfunding project is measured by many factors, such as a projects category, funding type, funding goal, completeness of project page, additional marketing strategies, project idea, rewards offered, price of rewards, crowdfunding trends, timing, shipping, crowdfunding platform used, project duration, and perceived value from the crowdfunding community. The results may vary based on these 14 different factors mentioned. Each campaign would be measured on these 14 factors, and you agree that each claim must be brought separately due to the difficulty in comparing the success or lack thereof as relevant to the effectiveness of the services.
Limitation of Remedies
Our liability to you arising out of or relating to this agreement or to services or deliverables provided by us to you, under any legal theory, whether in contract, tort, negligence, strict liability, statutory, or otherwise, shall be limited to direct damages and shall not exceed the amounts paid by you under this agreement.
This agreement shall be governed by the laws of the state of California without regard to its conflict of laws principles. You consent to the sole and exclusive jurisdiction of state or federal courts located in Riverside California, in Riverside County Superior Court, at the historic courthouse, in the resolution of any dispute arising out of the terms of this agreement. Client agrees that in the event of any litigation arising from breach of this agreement, or the services provided under this agreement, Company will be entitled to recover all reasonable expenses thereof, including arbitration fees, attorney’s fees, and any other fees or costs incurred in connection with the dispute resolution, trial, petition for review or appeal, if Company prevails the litigation. Client will not be entitled to recover any reasonable expenses thereof, including arbitration fees, attorney’s fees, and any other fees or costs incurred in connection with the dispute resolution, trial, petition for review or appeal.
You agree that this payment is for social media marketing and some will be spent on Facebook ads and other marketing costs associated with our service, and is therefore absolutely non-refundable after the ads are already approved and launched on Facebook. All sales are final after the client approves the Facebook ad preview. There are absolutely no refunds after the Facebook ad preview is approved by client. Client agrees that the services described on our website and marketing materials are accurately described. We will manage the Facebook ads for client, but we make no guarantee of results or client satisfaction. Client agrees that there are absolutely no refunds after client approves the Facebook ad preview created by company, for any reason, such as: lack of success, ROI, funds raised, client satisfaction, client communication, reporting, or desired results. We make no guarantees. By using our service, client also agrees that they have reviewed the terms of service agreement with his/her Visa, Mastercard, Discover, or American Express card and waive the right to file a chargeback for this transaction after approving the Facebook ad preview. In the event Client makes a payment via Paypal, client also agrees that they have reviewed the terms of service agreement with Paypal and waive their right to file a Paypal dispute or file a chargeback for this transaction after approving the Facebook ad preview. ABSOLUTELY NO REFUNDS AFTER YOU APPROVE THE FACEBOOK AD PREVIEW CREATED FOR YOUR PROJECT.
This agreement supersedes all previous oral or written agreements between the parties and contains the entire understanding between you and Company. This agreement may not be amended or waived except in a writing signed by both parties. In the event any provision of this agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this agreement will remain in full force and effect and each term and provision of this agreement shall be valid and enforced to the fullest extent permitted by law. Section headings are for reference only and do not affect the construction or interpretation of this agreement. The terms under this agreement which by their nature would continue beyond the termination or expiration of this agreement, including without limitation those contained in the sections titled “Company Intellectual Property”, “Indemnification”, “Disclaimer of Warranties”, “Limitation of Damages”, “Limitation of Remedies”, and “Governing Law” shall survive the termination or expiration of this agreement. This agreement is the result of negotiation between sophisticated parties and no provision hereof shall be construed against a party solely because that party was responsible for drafting the provision in question.
Backer Flood is the premiere social media marketing agency for Crowdfunders. Top crowdfunding agency since 2013. Not affiliated with Kickstarter or Indiegogo.