Effective Date:

6-12-2025

Last Updated:

6-12-2025

These Terms of Service ("Terms") govern the provision of social media posting services ("Services") by NextWave Suite ("Service Provider," "we," "us," or "our") to our clients ("Client," "you," or "your"). By engaging our Services, you agree to be bound by these Terms.

1. Scope of Services

The Service Provider agrees to provide the following social media posting services:

Content Creation & Posting:

Twelve (12) professionally designed and written posts per month. (or pre-determined amount of posts)

A mix of image and video content, as deemed appropriate by the Service Provider for optimal engagement.

Direct posting to the Client's designated social media profiles without requiring prior approval for each individual post.

Consistent brand messaging and tone across all managed social media profiles.

Content Planning & Management:

Development of a content plan aligned with the Client's business objectives and brand identity.

Professional post design tailored to each social media platform.

Management of a consistent posting schedule to maintain an an active online presence.

Performance Overview:

Monthly performance overview reports summarizing key metrics related to the posts published by the Service Provider.

2. Client Responsibilities & Limitations of Service

The Client acknowledges and agrees to the following:

Account Access: The Client will provide the Service Provider with all necessary access credentials to their designated social media profiles. The Client is responsible for ensuring the security of these credentials and promptly notifying the Service Provider of any changes or security breaches.

Accuracy of Information: The Client is responsible for providing accurate and timely information, assets (e.g., logos, product images), and guidance necessary for the Service Provider to create relevant and effective content.

Media Consent for Customer Content: If the Client provides the Service Provider with any media (including images, videos, or testimonials) that features or depicts their customers or any other individuals, the Client represents and warrants that written or verbal consent has been obtained from all identifiable individuals for the use of their likeness and/or statements in social media posts and other promotional materials. The Service Provider will assume, upon receipt of such media, that all necessary permissions and consents have been secured by the Client. The Client agrees to indemnify and hold harmless the Service Provider from any claims, damages, or expenses arising from the Client's failure to obtain such consents.

Follow-Up & Engagement Management (Client's Responsibility):

The Service Provider's role is strictly limited to the creation and posting of social media content.

The Service Provider is NOT responsible for monitoring, responding to, or otherwise managing comments, messages, direct messages, reviews, or any other form of direct engagement received on the Client's social media profiles.

The Service Provider is NOT responsible for any lead generation, customer service inquiries, sales inquiries, or any other follow-up activities that arise from the published posts.

The Client is solely responsible for all follow-up actions, including but not limited to, responding to comments, answering messages, addressing customer service issues, managing direct messages, and pursuing leads generated from social media activity.

Content Approval (Initial Strategy): While individual post approval is not required, the Client agrees to an initial content strategy and theme discussion with the Service Provider to ensure alignment with their brand and goals.

Compliance: The Client is responsible for ensuring that all information provided to the Service Provider, and any instructions regarding content, comply with all applicable laws, regulations, and platform-specific terms of service.

3. Fees & Payment

The monthly fee for the Services is $297 CAD + applicable taxes.

Payment schedule starts when initial payment is processed.

4. Term & Termination

This agreement shall commence on the date of signing and continue on a month-to-month basis.

Either party may terminate this agreement with 30 days written notice to the other party.

Upon termination, the Client will be responsible for any fees incurred up to the date of termination.

5. Intellectual Property

The Client retains ownership of all pre-existing intellectual property provided to the Service Provider.

The Service Provider grants the Client a non-exclusive, royalty-free license to use the content created by the Service Provider for the Client's social media purposes during and after the term of this agreement.

The Service Provider may use content created for the Client in their portfolio for promotional purposes, unless otherwise agreed upon in writing.

6. Confidentiality

Both parties agree to keep confidential all proprietary and sensitive information shared during the course

of this agreement.

7. Limitation of Liability

The Service Provider will exercise reasonable care and skill in providing the Services.

The Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business interruption, arising out of or in connection with these Services.

The Service Provider's total liability under this agreement shall not exceed the total fees paid by the Client to the Service Provider for the Services during the month preceding the event giving rise to the liability.

The Service Provider is not responsible for any actions or inactions of social media platforms, including but not limited to changes in algorithms, platform outages, or account suspensions.

8. Indemnification

The Client agrees to indemnify and hold harmless the Service Provider from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from the Client's breach of these Terms, or from any content provided by the Client that infringes on the rights of a third party, including but not limited to, claims related to the unauthorized use of images or likenesses of individuals.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Nova Scotia, Canada.

10. Entire Agreement

These Terms constitute the entire agreement between the Service Provider and the Client regarding the Services and supersede all prior discussions, negotiations, and agreements, whether oral or written.

11. Amendments

The Service Provider reserves the right to amend these Terms at any time. Any amendments will be communicated to the Client in writing.

By engaging our social media posting services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Contact Information

For questions, concerns, or disputes, contact us at:

Email: [email protected]

Phone: (782) 222-1970