Terms of Service
Last modified: September 26th, 2016
Thanks for using our services (“Services”). The Services are provided by Not Without Us, LLC (“Consultant”). By using our Services, you (“Client”) are agreeing to these terms. Please read them carefully.
Whereas the Consultant will perform a myriad of services designed to boost the social media presence of the Client.
Whereas the Client will compensate the Consultant for said services by paying a monthly fee due on the first day of each thirty (30) day period.
The Consultant may have thirty (30) days to establish a presence on behalf of the organization across all agreed upon platforms. During this time, the Consultant will work to establish what techniques will work best for the organization.
Once the initial thirty (30) days have transpired, either party may opt to conclude the agreement without penalty. Otherwise, the two parties may extend the existing agreement in thirty (30) day increments so long as both parties shall agree.
Should the Client choose to terminate the contract prior to the end of the initial thirty (30) day period, they will not be refunded the current thirty (30) day service period. If Client would like to terminate their contract after first 30 days, they must cancel before their monthly cut-off date. Service months in progress are non-refundable.
The services can be chosen by the client through the Chargify, LLC system or with the Consultant directly.
The Consultant will establish and/or optimize the Client’s social media presence across the agreed upon social platforms for a one-time charge determined by the products selected, due at the beginning of the contract period.
Once payment for the period has been made in full, the Consultant will resume provision of services. Should a suspension of services occur, the complete payment will be necessary to resume services – a prorated amount will not be provided.
5. Rights to Created Content
The Client will retain the right to all content created by the Consultant for the Client, while under contract, ad infinitum. However, the Client may not distribute for profit any content created by the Consultant for the Client, while under contract, without the written consent of the Consultant.
Furthermore, the Consultant will retain the right to use any and all content created by the Consultant for the Client, while under contract, for the purpose of (1) providing samples of the Consultant’s work or (2) instruction – including, but not limited to, presentations, lectures, webinars, and published material in any medium.
6. Access to Client Information
In order to accurately determine ROI (Return on Investment), the Consultant will, from time to time, ask for financial and customer information from the Client. Requests will be made directly to the Client in person, over the phone, or in writing.
The Consultant will not share this information under any circumstances, nor will the Consultant sell this information to a third (3rd) party.
7. Liability Waiver
ESTABLISHING A SOCIAL MEDIA PRESENCE AND INITIATING A TWO-WAY FLOW OF COMMUNICATION BETWEEN THE CLIENT AND THE PUBLIC CAN HAVE UNINTENDED CONSEQUENCES ON THE CLIENT’S REPUTATION. SHOULD THIS OCCUR, THE CLIENT WAIVES ITS RIGHT TO HOLD THE CONSULTANT RESPONSIBLE FOR ANY DAMAGE AND/OR LIABILITY THAT MAY ARISE FROM THE CONSULTANT’S ACTIONS ON BEHALF OF THE CLIENT.
THE CONSULTANT IS NOT RESPONSIBLE FOR THE OVERALL HEALTH, GROWTH, OR SUCCESS OF THE CLIENT’S BUSINESS. IF THE BUSINESS IS NOT PERFORMING UP TO THE CLIENT’S STANDARDS THE CLIENT CAN NOT HOLD THE CONSULTANT LIABLE AT ANY CAUSE.
THE CLIENT CAN NOT HOLD THE CONSULTANT LIABLE FOR ANY FACEBOOK PAGE, AD ACCOUNT, OR OTHER RELATED FACEBOOK SERVICE SUSPENSION OR TERMINATION.
THE CLIENT AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD HARMLESS THE CONSULTANT, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUB-CONSULTANTS (COLLECTIVELY, CONSULTANT) AGAINST ALL DAMAGES, LIABILITIES OR COSTS INCLUDING REASONABLE ATTORNEYS’ FEES AND DEFENSE COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH PERFORMANCE BY ANY OF THE PARTIES ABOVE NAMED OF THE SERVICES UNDER THIS AGREEMENT.
8. Service Interruption
Either party shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, laws, proclamations, edits, ordinances or regulations, riots, earthquakes, floods, explosions or other acts of nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties’ respective obligations hereunder shall resume. In the event the interruption of the excused party’s obligations continues for a period in excess of thirty (30) days, either party shall have the right to terminate this Agreement upon ten (10) days’ prior written notice to the other party.
9. About the Terms
Should either party violate the terms of or fail to meet the obligations set forth in this contract, such action will render the opposing party free from any further contractual obligation.
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.