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Social Media Marketing: Free Or Not Free?

Social media is free. This is commonly accepted. I participate in several personal accounts with all the usual suspects: Facebook, Twitter (three different handles), LinkedIn, Instagram, TikTok, and Pinterest—plus a few other niche platforms—and I’ve yet to spend a cent on any of them. I also work with many clients to establish or nurture social media presences for their businesses. Establishing accounts for these businesses was also free in the fact that the social media platform did not charge a fee for the business to own an account. But this is where the free-ness of social media, and social media marketing, becomes a bit more complicated, and even a misnomer.

It turns out that having social media is not synonymous with doing social media well.

Many business owners take the initial step to create one or more social media accounts. Sometimes they keep an eye on brand consistency and sometimes they do not. For those who take the time to plan out the descriptions, look and feel of their social media accounts, they deserve a lot of credit. But, it is true that most business owners do not have the time to strategize and plan their postings, nor keep their branding the same from one platform to the next.  They establish a presence and soon discover that the presence does not maintain itself. Another discovery soon to be made is that content has its own unique shelf life on each platform, no platform is designed to benefit an account that lies idle.

If you use Facebook, you’ll notice that some people are always popping up in your feed. This is how you can spot someone who posts content frequently. The more often you see their posts in a general news feed, the more they are posting. Within the “Facebook universe,” these folks have top-notch search-engine optimization (or in this case, feed-optimization). Posting frequently helps to keep ahead of the always-decaying vitality of your posts. Posting frequently also requires time spent. Whose time? That’s the question.

From Social Media to Social Media Marketing

Okay, let’s take a step back so we can take two forward.

So, you’re a business owner. You have the good sense to know that social media is important, and you have an account for each platform relevant to your brand. You’ve also established that you need X number of posts per week to guarantee an acceptable level of exposure. Even though it was painful, you’ve come up with a plan for who will be making these posts and when. These are all good things, but they are still not the only things. You must also be concerned about your content.

Even with the right social media accounts, and the proper number of posts per week, per account, your social media plan will not be bulletproof. Let us even take for granted that you have your brand voice down pat, and know the kind of language/images/video clips that work best for your audience. Any good businessperson should be able to articulate the importance of such things. Many business owners probably had their message down before they owned a business.

But there’s another element of rocking a killer social media presence that can sometimes fly in the face of good business sense. Striking an appropriate balance between reader content and promotional content is yet another obstacle that trips up some campaigns. In print media, this issue is thought of in terms of editorial versus ad content. If you have a magazine that is nothing but advertisements, then readers have no incentive to read your magazine. A balance must be struck between delivering your sales message and providing your audience something engaging and with no strings attached. I like the magazine analogy, but you can choose your own cliché here (“you catch more flies with honey than with vinegar,” et al.).

Take it from someone who does client work for a marketing agency, and who also spends an inordinate amount of personal time on certain social platforms (while neglecting others), that it takes time and organization to do social media well. Sure, there’s no real risk involved if you’re just hobbying, but in business, social media works best when the business’s vision extends into social media marketing. It really ought to be fully integrated into the rest of the business.

social media marketing quote

Therein lies the rub: a free service that grants businesses unprecedented access to consumers, and yet, one that demands a level of attention and dedication that doesn’t come cheap. Chances are, if you’re a business owner who’s taken the plunge into social media, you’ve come to realize the not-so-free-ness of social media. Whether it’s spending your own time, someone else’s time, or spending actual hard currency to use in-platform advertising tools, the cost of social media begins to reveal itself.

You Can’t Beat ‘Em. So, go ahead and Join ‘Em.

Why am I taking time out of my day to write about certain grim realities of using social media for business? In my zeal for dispelling the urban legend of “free” anything, I recognize that I have been at least partly responsible for perpetuating it in the past. It’s so easy to get caught up in the immediacy of basic, free social media use, which brings me to my next reason for writing: social media is such an amazing tool that, free or not, it remains essential. Any sensible business plan written today has to account for social possibilities, but it needs to be conceived as a full-fledged part of the business rather than something done just for fun. So allow me to amend a past statement: Knowing you need social media for your business is no longer enough; you must build social media marketing into your budget.

Time is money, people.

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  1. To access and use the Services, you must register for a Jemully Charter account (“Account”). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. Jemully Charter may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
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2. Domain Names

  1. Upon purchasing a domain name through Jemully Charter, domain registration will be preset to automatically renew each year so long as your Jemully Charter Account remains active. You acknowledge that it is your sole responsibility to notify Jemully Charter to deactivate the auto-renewal function should you choose to do so.

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  1. The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.
  2. Jemully Charter does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate these Terms of Service.
  3. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Jemully Charter employee, member, or officer will result in immediate Account termination.
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  6. Jemully Charter reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Jemully Charter reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.

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  1. You acknowledge and agree to provide public-facing contact information on your Jemully Charter site.
  2. You acknowledge and agree that the Services are not a marketplace, and any contract of sale made through the Services is directly between you and the customer. You are responsible for the content of your Jemully Charter site, the goods and services that you may offer, and all aspects of the transactions between you and your customer(s) via your Jemully Charter site.  You represent and warrant that your Jemully Charter site, your Materials and the goods and services you offer through will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties.
    1. You are solely responsible for the goods or services that you may sell through the Services (including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations.
    2. You may not use the Jemully Charter sites for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your store or that may be held by you) in your use of the Service and your performance of obligations under the Terms of Service.

5. Payment of Fees

  1. The subscription with Jemully Charter requires a minimum of twelve (12) months. Business owners who terminate their subscription prior to 12 months will have the payment method on file automatically charged for the remaining months that equal to twelve full months of service. plus a 15% early termination fee. 
  2. You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”) and any other applicable fees, including but not limited to applicable one-time fees, setup fees, or site customization fees. 
  3. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Jemully Charter will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Jemully Charter will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments will be in U.S. currency.
  4. Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”).  You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Business Owner via the Primary Email Address provided. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
  5. If we are not able to process payment of Fees using an Authorized Payment Method, we may make subsequent attempts to process payment using any Authorized Payment Method. If we are unable to successfully process payment of Fees using an Authorized Payment Method within 28 days of our initial attempt, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your website during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Jemully Charter reserves the right to terminate your Account in accordance with Section 14.
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  7. For the avoidance of doubt, all sums payable by you to Jemully Charter under these Terms of Service will be paid free and clear of any deductions or withholdings whatsoever. Jemully Charter will be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
  8. Jemully Charter does not provide refunds.

6. Confidentiality

  1. Confidential Information” will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Jemully Charter’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
  2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service.

7. Limitation of Liability and Indemnification

  1. You expressly understand and agree that, to the extent permitted by applicable laws, Jemully Charter and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).
  2. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Jemully Charter partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference (including the AUP); (b) or your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your Customer, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to Federal and State consumer protection laws), or your breach of the Terms of Service.
  3. You will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.
  4. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  5. Jemully Charter does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
  6. Jemully Charter does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
  7. Jemully Charter is not responsible for any of your tax obligations or liabilities related to the use of Jemully Charter’s Services.
  8. Jemully Charter does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

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8.1 Your Materials
  1. We do not claim ownership of the Materials you provide to Jemully Charter. You grant Jemully Charter a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by you in connection with the Services. We may use our rights under this license to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You represent, warrant, and agree that you have all necessary rights in the Materials to grant this license. You irrevocably waive any and all moral rights you may have in the Materials in favour of Jemully Charter and agree that this waiver may be invoked by anyone who obtains rights in the materials through Jemully Charter, including anyone to whom Jemully Charter may transfer or grant (including by way of license or sublicense) any rights in the Materials.
  2. If you owned the Materials before providing them to Jemully Charter then, despite uploading them to your Jemully Charter site they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere. You can export the content of your Jemully Charter site, however you will be required to fulfill the 12 month subscription requirement plus any outstanding fees and the early termination fee, if applicable. You may notify Jemully Charter of your desire. 
  3. You agree that Jemully Charter can, at any time, review and delete any or all of the Materials submitted to the Services, although Jemully Charter is not obligated to do so.
  4. You grant Jemully Charter a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your site (“Your Trademarks”) to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. This license will survive any termination of the Terms of Service solely to the extent that Jemully Chartery requires the license to exercise any rights or perform any obligations that arose during the Term.
8.2 Jemully Charter Intellectual Property
  1. You agree that you may not use any trademarks, logos, or service marks of Jemully Charter, whether registered or unregistered.
  2. You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include Jemully Media or Jemully Charter or that use or include any terms that may be confusing with the Jemully Media.

9. Jemully Charter Theme Sites

  1. You may establish the appearance of your Jemully Charter site with a design template from Jemully Charter’s Theme options. 
  2. Technical support for a Theme is the responsibility of the Jemully Charter, and the Business Owner may not modify the Theme. 

10. Termination

  1. The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue for a minimum of 12 months or until terminated by us or by you, as provided below (the “Term”).
  2. You may cancel your Account and terminate the Terms of Service at any time by contacting chartersites@jemully.com and then following the specific instructions indicated to you in Jemully Charter’s response.
  3. Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services. Termination of the Terms of Service will be without prejudice to any rights or obligations which arose prior to the date of termination.
  4. Upon termination of the Services by either party for any reason:
    1. Jemully Charter will cease providing you with the Services and you will no longer be able to access your Account;
    2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
    3. any outstanding balance owed to Jemully Charter for your use of the Services through the effective date and including the completion of the 12-month required subscription and early termination fee, if applicable, of such termination will immediately become due and payable in full; and
    4. your Jemully Charter site will be taken offline.
  5. If you purchased a domain name through Jemully Charter, upon cancellation your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
  6. If there are any outstanding Fees owed by you at the date of termination of the Service, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

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