Terms of Service

Your Guide to Working With Us

We’re thrilled to have you onboard! This guide will walk you through our process and set clear expectations to ensure everything runs smoothly. By using our services, you agree to these terms—let’s get started!

Your Journey to High-Converting UGC

Here’s how we work together to create amazing content for your brand. This step-by-step process is designed to make everything simple, efficient, and transparent.

Step 1: Payment and Communication Setup

Once your payment is processed, we’ll invite you to a dedicated Slack channel. This will be your hub for communication with your account manager, who will guide you through the entire process. All project communication must occur within the designated Slack channel. Social Gem will respond to queries within 1 business day. Time-sensitive matters should be flagged clearly.

Step 2: The Creative Survey

You’ll receive a link to our Creative Survey during onboarding. This step is essential—your answers give us the details we need to deliver results tailored to your brand. The quicker you complete it, the sooner we can begin!

Step 3: Choosing the Perfect Creator

After reviewing your Creative Survey, we’ll match you with the best creator from our pool. While your input is valued, trust that we are the experts here. We know which creator will be the ideal fit for your goals.

Step 4: Script Development

Once the creator is selected, we’ll draft custom scripts for your project. You’ll have the chance to review and approve it, ensuring it aligns perfectly with your brand’s voice and messaging. Important: If the script is not approved or revised within 48 hours of delivery, we will proceed with filming based on the provided draft.

Step 5: Preparing for Production

1) For E-commerce Projects: If your project involves a product, you’ll need to ship it to the creator. We'll provide you with the creator's shipping address. (See our Shipping and Product Responsibility section for details.)

2) For Lead Generation Projects: If no physical product is involved, we’ll jump straight into production once the script is finalized.

Step 6: Filming and Editing

Our creator will film your content, and our editing team will handle post-production to polish the footage. We ensure every detail is perfect before sending it your way.

Step 7: Client Review and Revisions

After editing, we’ll send the videos to you for approval. Here’s how it works:

You have 7 calendar days to review the videos and request revisions. If we don’t hear from you within this timeframe, the videos will be considered auto-approved. You’re entitled to two rounds of revisions, which include tweaks like editing b-roll, music, text on screen, or minor line changes. Additional revisions may incur an extra fee. Please be as specific as possible with your feedback to avoid unnecessary back-and-forth.

Step 8: Final Approval and Next Steps

Once the videos are approved, if needed, we’ll provide you with FREE resources or support to help you maximize the use of your videos. This is a walkthrough video showing how to upload the content to TikTok or Meta Ads Manager and launch your campaigns. From here, you’re ready to take your content live and achieve your marketing goals!

2. Important Policies and Terms

To ensure transparency, here are some additional policies to keep in mind:

Revisions and Reshoots

You’re entitled to one (1) round of reshoots for changes like script adjustments, tonality, creator clothing, or background. Reshoots come with an additional charge of 50% of the base price per video. Be clear and specific in your feedback to help us get it right the first time. One round of revisions includes a single submission of consolidated feedback from the client. Any additional feedback after the first submission will count as a new revision round.

Creator Changes

If you wish to switch creators, a fee of 50% of the base price per video will apply. Before proceeding with a creator change, we will inform you of the associated charge. Upon your confirmation, the fee will be automatically charged to your card on file. This ensures a smooth and efficient process while minimizing delays.

Creator Allocations

3 and 5 video packs: One creator is assigned per pack.10 and 20 video packs: You can choose multiple creators for variety and impact.

Shipping and Product Responsibility

If your project involves shipping a product: It’s your responsibility to handle the shipping costs and logistics. We’re not liable for the cost of the product or shipping expenses. Social Gem recommends using insured and trackable shipping methods. If a product is lost or damaged in transit, the client is responsible for replacement and associated costs.

Usage Rights

Every piece of content we deliver comes with complete and absolute usage rights for eternity. You can use these videos in perpetuity across any platform or medium.

Raw Footage

As you know, raw footage can be repurposed to create dozens of different ads. Because of this, most agencies charge a premium for raw footage, often exceeding the cost of fully edited deliverables. This cost ensures our creators are fairly compensated for the potential extended use of their content. Raw footage will be delivered in its original resolution and format, as captured by the creator. The client may not share or sell raw footage to third parties without prior written approval.

Portfolio and Marketing Use

Social Gem reserves the right to feature completed projects in its portfolio and marketing materials unless the client explicitly opts out in writing.

Client Obligations

The client is responsible for providing accurate and timely information, including but not limited to completing surveys, providing product samples, and responding to feedback requests. Any delays caused by the client may extend project timelines and are not the responsibility of Social Gem.

Video Watermarks and Approval Policy

To protect the integrity of our work and ensure compliance with our policies, all video deliverables will include a watermark when initially sent to clients for review. Watermarked videos are provided for approval and feedback, and clients have 7 calendar days to review the videos and request revisions as outlined in our revision policy. Once the client approves the videos, we will deliver the final versions without watermarks. After approval, no further changes, edits, refunds, or chargebacks will be permitted. Clients are strictly prohibited from using or distributing watermarked videos prior to final approval. Any unauthorized use of watermarked videos will result in the immediate termination of the agreement and may lead to legal action. By approving the videos and receiving the watermark-free versions, the client acknowledges the successful completion of the project and waives all rights to request refunds, initiate chargebacks, or dispute the deliverables in any way.

Confidentiality

Both parties agree to keep all proprietary information, trade secrets, and pricing confidential. This clause remains in effect for three years after the termination of the agreement.

3. Payment and Legal Terms

Payment Authorization

By entering into this agreement and completing payment, the client confirms that they are the authorized cardholder or have obtained explicit authorization from the cardholder to complete the transaction. Payments made to Social Gem are for services rendered and are non-refundable except as outlined in the Refund Policy.

Refund Policy

At Social Gem, we are committed to delivering high-quality, customized content and exceptional service. To maintain transparency and set clear expectations, our refund policy outlines the conditions under which refunds are considered and the associated processes.

Refund Eligibility

Refunds may be issued under the following circumstances:

1) Before Production Begins: If a project is canceled after payment but before script approval or production starts, the client may be eligible for a refund minus a 10% administrative fee to cover initial onboarding and planning costs.

2) Service Non-Performance: In the unlikely event that Social Gem is unable to fulfill the agreed-upon deliverables due to internal issues, a partial or full refund may be issued at our discretion.

Non-Refundable Payments

The following scenarios are non-refundable:

1) Post Script Approval: Once the script is approved or auto-approved (48 hours without client feedback), refunds will not be issued.

2) After Production Commences: Payments are non-refundable once production has begun, including filming, editing, or any creative work.

3) Completed Deliverables: Once videos, scripts, or any other content is delivered, payments are non-refundable.

4) Unused Services: If the client fails to use or engage with services after payment, no refund will be provided.

Revision and Reshoot Charges

Refunds are not available for additional charges incurred during revisions, reshoots, or creator changes. These services are billed separately and are considered final upon completion.

Refund Request Process

To request a refund, the client must:

1) Submit the request in writing to [email protected] with the following details: Name and contact information, Project details (e.g., invoice number, date of payment), Reason for requesting a refund

2) Refund requests will be reviewed within 7 business days. Clients will be notified via email of the outcome.

Service Completion

Clients acknowledge that services provided by Social Gem involve significant customization and creative effort, and therefore, payment for services rendered is final. Once a script is approved, production begins, or deliverables are provided, all payments are considered non-refundable.

Dispute Resolution Requirement

Before initiating any chargeback request with their financial institution, the client agrees to first contact Social Gem at [email protected] to resolve any billing or service concerns. Failure to engage in good faith resolution efforts may result in forfeiture of the client’s right to further dispute.

Chargeback Fees and Recovery

In the event of an unjustified or fraudulent chargeback, the client agrees to reimburse Social Gem for all associated fees, including legal fees, collection costs, and a $150 administrative fee. Additionally, Social Gem reserves the right to suspend services and revoke usage rights for any content provided until the dispute is resolved.

Non-Disparagement Clause

The client agrees not to publicly disparage or defame Social Gem, its employees, or creators, either during or after the term of this agreement. This includes, but is not limited to, social media posts, reviews, or public statements.

Force Majeure Clause

Social Gem shall not be held liable for delays or failure to perform services due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, labor strikes, or technological failures.

Limitation of Liability

While we work hard to deliver exceptional results, some things are beyond our control. Our total liability is limited to the fees you’ve paid for our services.

Indemnification

The client agrees to indemnify and hold Social Gem harmless against any claims, damages, or liabilities arising from the use of the content, including but not limited to copyright violations stemming from materials provided by the client.

Governing Law

This agreement is governed by the laws of the State of Florida. Any disputes will be resolved in the courts of Palm Beach County, Florida.

Updates to Terms

We may update these terms from time to time to keep up with our business and industry standards. If changes are made, we’ll notify you via email or on our website.

Acknowledgment of Policies

By agreeing to these terms at checkout, the client acknowledges that they have read, understood, and accepted this chargeback policy. The client waives any right to initiate a chargeback claim that contradicts the terms of this agreement.

Let’s Get Started!

We’re here to make your vision a reality. If you have any questions or need clarification, don’t hesitate to reach out. Let’s create something amazing together!

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