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Terms & Conditions

Hello there, and welcome aboard! This is our friendly agreement, also known as our Terms of Service, between you (let's call you our “Awesome Client”) and No Fluff Agency (we'll go by NFA). By hopping on this journey with us, you're saying "yes" to these light-hearted terms. And when does all this start? The day you shout "go" and order our services!

1. Our Sparkling Services!

Our services sparkle as detailed on our website http://www.nofluffagency.com. Sometimes, with the unpredictable world of platforms like Facebook, Instagram, etc., things can get a tad wonky. Maybe a password change? Or perhaps a disconnect? If any of these happen, give us a shout quickly, so we can keep the fun going. And oh! If we can’t post due to some hiccups, don’t worry, we’ve got your back! We’ll double up our posts once things are sorted. As for refunds, we’ll dive into that a bit further down.

2. Our Pinky Promise

2.1 We’ll serve you with all our heart following our groovy way of doing things. If we feel we can’t make magic together, we might have to say “no” (but we’ll always be polite!).
2.2 Sometimes, we may tweak how we do things. It could be our pricing or maybe what we include in our packages. If you’re with us from before, we might keep you on your current deal if we can. But the final call is with us.

3. The Golden Coins and Magical Scrolls

3.1 For the enchantment to begin, all you’ve got to do is give a thumbs-up with your payment. And don’t forget, a magical card on file helps keep the adventure rolling each month.
3.2 We’ll nudge your card every month. And if for some reason, the golden coins don’t come through, we’ll hit pause on the magic till things are sorted.
3.3 If we make an oopsie, let us know. But if you change your mind after the 14-day jolly guarantee, we can’t turn back time (or refunds).
3.4 Need to hit the brakes? Just drop us an email. If you’ve got some time left in your month, we’ll happily finish it up. But remember, once the coins are in, they can’t be returned.
3.5 Missed a payment? Don’t fret! We’ll keep a tidy record of what’s due.
3.6 Day one with us? That’s when the magic begins. And if things get delayed on our end, we’ll make sure you still get a full month of glitter and dazzle.
3.7 This fancy scroll overrules any past ones. If there’s any change, our top magicians (and the big boss) will be on it.
3.8 Got a disconnection from the spellbook (our software)? We’ll give you a shout. If you don’t get back to us, the responsibility’s yours.
3.9 Social media’s a colorful world. If you want to check what we’re conjuring before it goes out, you can!
3.10 No feedback? No worries! We’ll keep the enchantment going. If you’ve got a backlog, we’ll get that sorted first before we roll again.
3.11 Peek into your magical content every once in a while. If anything’s amiss, let us know.
3.12 For our epic tales (blog posts), two redos are the max. After that, the story’s set in stone!
3.13 Got a pickle with us? We’ll stand by our magic, but always with a smile.
3.14 Not a tech wizard? No problem! We’ll guide you through the mystical lands of social media. And if things get too twisty-turny, remember, we’re here till the end of the month.

4. Our Magical Shield

4.1 The 14-day jolly guarantee is fab, but once it’s gone, it’s gone.
4.2 While we aim for fairy-tale perfection, there might be bumps along the way. We hope you’ll trust in our magic and keep dancing with us through the journey.

5. Indemnity

5.1 Playing Fair – You agree to have our back and not hold NFA responsible for any losses or expenses (including legal fees) that arise from breaking the rules in this Agreement.

5.2 Social Media Troubles – If there are issues like account suspensions, copyright quarrels, or anything else concerning third-party platforms, you agree that we’re not to blame. Whether it’s bots causing trouble or failing to log into your account regularly (come on, at least once a month), it’s on you. If you’re reselling, make sure your client signs a similar deal.
5.3 All About Images – We use images from you or from royalty-free sources. Still, if anything goes wrong (like copyright claims), you agree to cover us.

6. Governing Law

We’re headquartered in Florida, so that’s where the law of the land applies. If we ever have a legal dispute, we agree to meet in Lee County, Florida courts, and nowhere else.

7. Limitation of Liability

We try our best, but if something goes wrong, we can’t cover any indirect losses or damages. Our liability is capped at what you paid us for the last month’s services. Anything beyond that is out of our hands. We’re both agreeing not to ask for more than what’s reasonable.

8. Attorney's Fees

Legal battles are no fun, so let’s avoid them. But if we end up in court, the winner gets their legal fees paid by the other side.

9. Liability

We’re committed to doing our best, but we can’t promise perfection. We’re not liable for any losses or damages from our actions or lack thereof.

10. Miscellaneous

This is our full understanding, and it might change. If it does, we’ll email you. Neither of us can give away our rights under this Agreement without a say-so from the other party. If any part of this doesn’t hold up in court, we’ll only cut out what we have to. And we’ll only communicate in writing, in English, through mail services.

11. Credit Card Disputes

Disputes can be a real headache and can take months to sort out. But guess what? We’re ready to talk it out and find a solution that works for both of us. It’s usually a faster and more amicable way to handle any disagreements.

We’re excited to work together and appreciate you choosing No Fluff Agency for your social media needs. If you want to see all of the legalese in it’s entirety, keep scrolling.

No Fluff Agency Full Terms & Conditions

This Terms of Service Agreement (the “Agreement”) outlines the terms and conditions under which you (the “Client”) have engaged No Fluff Agency(NFA) to provide specific services as defined herein. This is a legally binding agreement between you and NFA. By becoming a NFA Client, you agree to abide by the terms and conditions set forth in this Agreement. The “Effective Date” of this Agreement will be the date on which you submit your order for Services to NFA.

1. Services

NFA will provide Services to Client as detailed on the NFA website (https://www.nofluffagency.com) This agreement overrides all previous agreements and is presented to you during sign-up for your approval. It is your responsibility to thoroughly read these terms to fully understand what you agree to.

1.1 Given the nature of working with third-party platforms such as Facebook, Instagram, Twitter, Google My Business, Pinterest, and LinkedIn, we sometimes have no control over issues that may arise, such as disconnections or password changes. If you alter your password, you are required to notify NFA promptly to prevent any service interruption. It is recommended to review your accounts and our work at least once a week, as well as provide us with guidance and feedback. In the event of a disconnect or an inability to access the account for posting, the client agrees to not hold NFA accountable. As long as we continue creating content for your business, we will provide our service as described. If we lack access to any platforms, we can compensate for any missed posts by posting twice a day until the backlog of missed posts is cleared. Missed posts due to account lockouts that are not the fault of NFA do not qualify for a refund. Keep reading for information on our cancellation and refund policies.

2. NFA Obligations

2.1 NFA will provide Services to the Client following NFA’s standard policies and procedures. NFA retains the right to decline Clients for any reason, at NFA’s sole discretion. NFA will manage all aspects of providing the Services.

2.2 All NFA rules, policies, and operating procedures concerning privacy, pricing, customer service, and all other service aspects will apply, and NFA may modify its rules, policies, and operating procedures at its sole discretion from time to time. This includes pricing, package inclusions, and more. You may be grandfathered into an archived product if we can still offer it, but that decision lies at NFA’s sole discretion

3. Services, Fees, and Payment

3.1 All fees for Services rendered to the Client are due in full, payable in advance of the provision of Services. A valid credit card for monthly payment of fees should be securely maintained on file to cover recurring charges for service.

3.2 Initial service charges must be paid in advance. Subsequently, NFA will attempt to charge the Client’s credit card on the monthly anniversary of the client’s initial order of services. Any charges not paid by the due date will lead to a suspension of Services until full payment is secured. Suspension of Services due to non-payment does not warrant a proration of fees.

3.3 Except in cases where NFA materially breaches this agreement, NFA does not issue refunds of any fees beyond the 14-day money-back guarantee, which applies only to your initial order with NFA. Refunds requested within the 14-day money-back guarantee will only be processed after all social media posts shared to your social media pages have been deleted. You also agree not to use any content created by NFA for your business once the refund is processed. Fees payable to NFA are not dependent on any form of marketing results. The Client is paying for time and work performed. NFA offers credit for any substantiated errors made on our side.

3.4 Cancellation Policy – Cancellations requests can be made to info@nofluffagency.com. We do not issue prorated refunds for cancellations made early in a billing period, but we will complete the remaining month(s) if requested (this includes multi-month plans where the client received a discount; however, we will require the discounted price to be voided and the difference paid before the continuation of service).

3.5 Continued work on a past-due client who did not cancel will result in accrued back-payments due, but we do not charge interest. We commit to maintaining precise records of all communication and work performed to justify the back-payment due.

3.6 Our Services officially begin on the day you sign up, and we initiate the onboarding process, not when we make the first post. We do not charge a setup fee for this reason. This setup work and onboarding fee are included in the monthly payment. If onboarding extends beyond seven business days due to a delay by NFA, we will adjust your billing date to ensure you receive a full month of service once you are onboarded with at least one profile.

3.7 This Agreement will supersede all other agreements between the Parties on the same subject matter, including any agreements, instructions, or claims made by NFA’s employees, unless a formal variance is confirmed and agreed upon by the client and executive-level management at NFA, including the CEO of NFA.

3.8 Posting to Multiple Platforms and Missed Posts – In case your social media pages get 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 NFA 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 advise our clients to check their social media accounts twice a week, not just to review content and provide feedback, but also to alert us of any possible disconnects so we can promptly reconnect. For this reason, if NFA is creating social media posts and sending them to the client for review in any format, then we are fulfilling our contractual obligation as laid out in our terms and conditions.

3.9 Post Quality – Social media management is a highly tailored service; preferences can vary widely from one client to another. If you would like to approve social media posts before they are automatically shared on your profiles, you can do so on the client content calendar document that will be shared with you prior to posting begins.

3.10 Content Review and Approval – All plans continue to be fulfilled even in the absence of client feedback or approval of the content. Unless the plan is cancelled, NFA will continue to provide services. If a client fails to approve content for any period, they can resume the approval process whenever they are ready. Our policy is to pause billing while the previously created backlog of plans gets approved and posted to the client’s account. At this point, the client can either cancel or resume normal billing. The client agrees to one round of edits per week of plans.

3.11 Regular Reviews – You agree to consistently review your content calendar and social media accounts, dedicating approximately 10 minutes every other week to ensure our posts meet your expectations and no platforms are missing posts. NFA is not responsible for missed posts on any platforms due to uncontrollable disconnects like changed passwords or security lockouts, or for editing/removing content that has been posted over two weeks ago or longer.

3.12 Blog Posts – After the completion of the first draft, a maximum of two revisions are allowed, after which the delivered product will be deemed final. All blog articles are considered final and approved after 4 weeks of receiving no feedback. After this period, you agree that no further revisions will be made.
3.13 Disputes – In the event of a client breaching our terms and conditions, we will resolutely defend our position, utilizing legal avenues when necessary. Your account will then be forwarded to a debt collection agency, and we will report you to all three credit reference agencies.
3.14 Less Tech-Savvy Clients – We understand that not all clients may be familiar with technology, various software, or even the workings of social media. That’s why we invest a considerable amount of time in onboarding your account to ensure the delivery of our service. This includes time spent explaining the process, exchanging emails, and participating in phone calls. This all counts as time spent serving your account. Please note, if you choose to cancel after the 14-day money-back guarantee period, no refunds will be provided. However, you are welcome to continue using our services until the end of the paid month. Your decision to cancel due to frustration does not discount the time and work we’ve already invested in your account.

4. Warranty Disclaimers

4.1 REFUND POLICY – Once the payment has been made and the 14-day money-back guarantee period has lapsed, no refunds will be issued. As outlined throughout these terms and conditions, due to the nature of operating on third-party platforms, instances of disconnection, delayed review of our work by clients, and our operation as a monthly subscription service (rather than a full-service agency), we offer absolutely no refunds. If we fail to create at least one post per week, you agree to accept credit equivalent to the value of that post.

4.2 – NFA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THIS AGREEMENT, THE SERVICES, OR ANY SUPPORT OR MATERIALS PROVIDED TO THE CLIENT, BE THEY EXPRESS OR IMPLIED. THIS INCLUDES BUT IS NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, CONSISTENCY OF PERFORMANCE OR DEALING, TRADE PRACTICE, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

5. Indemnity

5.1 The client agrees to indemnify and hold harmless NFA, its customers, suppliers, directors, officers, agents, and employees from and against all losses, costs, damages, liabilities, and expenses (including, without limitation, reasonable attorneys` fees) resulting from or connected to any violation of the terms of this Agreement by the client.‍

5.2 Social Media Account Suspensions, Access Loss, or Deletion – The client agrees to indemnify and hold harmless NFA, 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) related to issues such as social media account suspensions, copyright disputes, unintentional loss of access, account deletion, or any other issues concerning third-party platforms. Factors leading to a social media account suspension or disablement may include, but are not limited to, the usage of bots or plug-ins that violate the social platform’s TOS, setting up a personal account as a business account, failing to verify your account (e.g., not verifying your Twitter or Instagram account with an email and frequently adding a phone number that can receive texts to confirm the account), personal accounts should display a real person’s photo, not a logo, and should behave as a person, not a business. As previously mentioned, you are required to log into your content panel or social media accounts regularly (weekly is standard, but at least once a month) to ensure they remain active and don’t get flagged due to constant posts without the account owner ever logging in. This is a crucial responsibility for you, the client. This clause also applies to a reseller’s client, and you are required to have them sign a similar contract.

5.3 NFA uses only images provided by the client or selected from several databases offering royalty-free images for marketing purposes when creating graphics for posts. We pay for many of these services. Nevertheless, the client will indemnify and hold harmless NFA and its customers, suppliers, directors, officers, agents, and employees from and against all losses, costs, damages, liabilities, and expenses (including, without limitation, reasonable attorneys` fees) arising out of or relating to any issues with content posted on a client’s social media account that result in any claims of copyright infringement. The client agrees to assume full responsibility for the content posted on their accounts.

6. Governing Law

This Agreement shall be deemed to have been executed and delivered in the State of Florida and shall be governed by Florida law.

Jurisdiction and Venue for Disputes. In the event of any dispute, claim or lawsuit arising out of or with respect to this Agreement the parties agree that the court of appropriate jurisdiction shall be the Courts of Lee County, Florida, and the parties agree to submit exclusively to the jurisdiction of such court; and venue for such proceedings shall be in Lee County, Florida.

7. Limitation of Liability

NFA shall not be liable to the client or any entity or person claiming through or under the 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 NFA has been advised of the possibility of such damages. In no event shall NFA’s liability to the client hereunder exceed the amount paid to NFA by the 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. The 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. Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement. In no event shall NFA “maximum liability” liability, under this agreement, shall not exceed the amount of fees client dealership has paid to NFA.

8. Attorney’s Fees

Attorneys’ Fees. In the event it becomes necessary for any party hereto to file suit to enforce this Agreement or any provision contained herein, the party prevailing in such suit shall be entitled to recover from the non-prevailing party, in addition to all other remedies or damages, as provided herein, reasonable attorneys’ fees, paralegal fees and cost incurred in such suit at all trial, appellate, bankruptcy and/or administrative proceedings.

9. Liability

NFA makes no representations or warranties, express or implied, of any kind to Client or third party regarding NFA services. NFA shall use reasonable efforts to provide the agreed upon services; however, in no event shall NFA be liable to Client, or any third party, for any claims for loss or damage as a result of any action or inaction by NFA.

10. Miscellaneous

This Agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter. This Agreement may be amended from time to time in NFA’s sole discretion, with the most current agreement always published here. An email communication sent to the Client’s last known email address will be deemed sufficient notice of any such changes in this Agreement. This Agreement shall bind upon and benefit the parties’ successors and permitted assigns; however, the Client may not assign this Agreement, in whole or in part, without NFA’s prior written consent and any assignment by the Client without such consent shall be null and void. This Agreement shall be governed by and interpreted in accordance with the laws of the location where NFA operates, without regard to its conflict of law rules. Any litigation or dispute resolution related to this Agreement shall take place in the jurisdiction where NFA operates, 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 the equivalent of the U.K. Royal Mail, 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.

11. Credit Card Disputes

In the event of a credit card dispute, all credits, refunds, and account work come 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. We are always willing to negotiate a favorable outcome for both parties.