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    Legal

    Terms of Service

    These Terms apply to all services provided by the Company to the Client.

    These General Terms & Conditions ("Terms") apply to all services provided by the Company to the Client. These Terms operate alongside and in addition to the Social Media Service Agreement signed by both parties.

    1Application & Acceptance

    1.1 These Terms apply to all services, deliverables, and transactions between the Company and the Client.

    1.2 The Client accepts these Terms by signing the Social Media Service Agreement or by engaging the Company's services in writing.

    1.3 In the event of any conflict between these Terms and the Service Agreement, the Service Agreement shall take precedence.

    2Client Obligations

    The Client agrees to subscribe to the services outlined in the Service Agreement. The Client also agrees to submit and provide the necessary information and materials to ensure the Company can successfully render services on behalf of the Client, including:

    • Complete the Client onboarding questionnaire.
    • Provide access to all necessary social media accounts.
    • Provide accurate billing information.
    • Provide brand assets including logos, images, videos, and brand guidelines.
    • Provide approvals necessary for the Company to perform the services as outlined in the Service Agreement.

    The Client's failure to provide access, materials, or approvals to the Company shall not serve as a basis for refund or credit.

    3Client Approvals

    3.1 The Client agrees to provide necessary revisions, edits, or approval of deliverables within 5 business days of receipt.

    3.2 If approval is required and not provided within 5 business days, the Client understands that the Company may proceed to publish the deliverables that were created on the Client's behalf.

    3.3 The Client also understands that delaying the revision, editing, and approval process may delay or disrupt services to be provided.

    3.4 There will be no refunds or credits issued due to any delay, unresponsiveness, or failure to provide timely feedback for contracted services.

    4Provider Obligations

    4.1 The Company agrees to assign qualified personnel with the capacity to render the services to the Client.

    4.2 Services rendered shall include all efforts to deliver the service according to the Service Agreement, including strategy development, content creation, and communication regarding deliverables.

    4.3 The Client's failure to use any portion of the services listed in the Service Agreement shall not serve as the basis for refunds or credits.

    5No Refunds

    5.1 Our services are non-refundable upon execution of this agreement.

    5.2 There are no refunds for monthly services, even if the Client does not continue to use those services during the contract term.

    5.3 All sales are final for any one-time services and may not be cancelled after the start date.

    6Cancellation

    6.1 This agreement is on a month-to-month basis. Either party may cancel with 30 days written notice before the next billing cycle.

    6.2 The Client will be responsible for payment for the period of 30 days after the cancellation notice was received.

    6.3 If the Client revokes access, requests a "pause," or prevents the Company from providing service, the Company will assume that the Client is cancelling service. Furthermore, the Client understands there will be no refunds due to these acts of cancellation.

    6.4 The Client is solely responsible for cancelling their subscription by contacting the Company in writing.

    7Consent to Use Image, Voice & Brand Assets

    7.1 The Client grants the Company permission and consent to use the business owner's image, voice, likeness, and style for the purpose of creating social media content under this agreement.

    7.2 The Client grants permission to use all business brand assets, including but not limited to logos, colors, photography, video footage, and media, in the creation and publication of content.

    7.3 This consent remains in effect for the duration of the agreement and may be revoked only upon written cancellation of services.

    8Confidentiality

    8.1 The Client acknowledges that in the course of the Company's services under this Agreement, the Company may disclose proprietary and confidential information of a special and unique nature and value. The Client agrees not to disclose, publish, divulge, or use for their own benefit or the benefit of any other person, any Confidential Information.

    8.2 This includes, but is not limited to, the Company's proposals, contracts, services, strategies, processes, systems, reports, outcomes, and staff associated with the Client's account, whether tangible or intangible.

    8.3 Both parties agree to keep all business information, strategies, and materials shared during this engagement strictly confidential.

    9Non-Disparagement

    9.1 At any time during the term of or following termination thereof, the parties agree that the other will not undertake any disparaging or harassing conduct directed at, or making any disparaging statements about the other, any of the other's representatives, or disparaging remarks made about the services performed hereunder.

    9.2 The parties agree to not disparage, defame, or denigrate the reputation, character, image, or services of the parties before, during, or after the contract term.

    9.3 Both parties agree to not, except as may be required by law, issue any statement to disparage either company.

    10Disclaimers

    10.1 The Company has made no guarantees regarding the outcome of any part of the services provided. The Client acknowledges that the Company will give their opinion as to the Client's chances of success based on their knowledge and experience, but there are no guarantees as to how the services will impact the Client's business.

    10.2 The Company shall not be responsible for any lost profit or lost revenues.

    10.3 If services are interrupted or delayed, the Company will restore or provide such services as soon as practicable.

    10.4 The Company shall not be responsible for any consequential, indirect, incidental, or punitive damages.

    11Liability & Hold Harmless

    11.1 The Company is committed to delivering a high-quality, diligent social media management service. However, once content is published, the performance and results of that content fall under the nature of the platforms and the Client's overall business operations.

    11.2 The Company cannot be held liable for actions, decisions, or outcomes arising from the content once published on the Client's behalf.

    11.3 The Company's liability, in all cases, is limited to re-supplying the service. This ensures the Client always receives a functioning solution without unnecessary legal complexity.

    11.4 The Client agrees to hold harmless and indemnify the Company, its owners, employees, and agents from any claims, damages, or losses arising from the Client's own management decisions, policies, internal processes, or use of content created or published under this agreement.

    12Communication

    12.1 The Company agrees to communicate with the Client on an as-needed basis. The Company provides communication via email and messaging platforms.

    12.2 The Client understands that response times may vary and that the Company will make reasonable efforts to respond within 1-2 business days.

    12.3 The Client agrees to designate one point of contact for approvals and feedback to ensure efficient communication.

    13Relationship of the Parties

    This Agreement shall not be construed to create a partnership, joint venture, or employer-employee relationship between the parties. It is specifically understood that the Company is acting hereunder as an independent contractor.

    14Venue & Governing Law

    This Agreement, including the Service Agreement and all Terms & Conditions, shall be governed by and interpreted in accordance with the laws of the state in which the Company operates, without regard to its conflict-of-law principles.

    Any disputes shall be resolved in the state or federal courts located in the Company's jurisdiction, and both parties consent to the jurisdiction of those courts.

    15Severability

    The parties agree that to the extent that any provision or portion of this Agreement shall be held, found or deemed to be unlawful or unenforceable by a court of competent jurisdiction, then any such provision or portion shall be deemed to be modified to the extent necessary in order that any such provision or portion shall be legally enforceable to the fullest extent permitted by applicable law.

    16Acknowledgment

    BY SIGNING THE SOCIAL MEDIA SERVICE AGREEMENT, THE CLIENT ACKNOWLEDGES THAT THEY HAVE CAREFULLY READ THESE GENERAL TERMS & CONDITIONS AND UNDERSTAND ALL OF THE TERMS, INCLUDING THE COVENANTS SET FORTH ABOVE.