Web Site Terms and Conditions of Use
By accessing this website, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Social Reach’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Social Reach’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Social Reach at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Social Reach’s web site are provided “as is”. Social Reach makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Social Reach does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Social Reach or its suppliers or any of its subsidiaries, agents, or assigns be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Social Reach’s Internet site, even if Social Reach or a Social Reach authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Social Reach’s web site could include technical, typographical, or photographic errors. Social Reach does not warrant that any of the materials on its web site are accurate, complete, or current. Social Reach may make changes to the materials contained on its web site at any time without notice. Social Reach does not, however, make any commitment to update the materials.
Social Reach has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Social Reach of the site. Use of any such linked web site is at the user’s own risk.
8. Enforceability and Governing Law
In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.
Any claim relating to Social Reach’s web site shall be governed by the laws of the State of FL without regard to its conflict of law provisions.
Any claim relating to Social Reach, it’s software or any of its subsidiaries, agents, or assigns shall be governed by the laws of Polk, FL.
(a) Social Reach’s hours of operation are Monday through Friday 9 am to 5 pm, excluding holidays. The Client may reach Social Reach by the following means:
– Phone – (863) 417–8417
– Email – [email protected]
– Mail – 122 E Main St, #243, Lakeland Florida 33801
(b) During onboarding, the Client will be assigned a Brand Manager that is best suited to their business needs. The Brand Manager’s role is to be the day to day contact with the Client. The Client may discuss strategy, preferences, ask questions or any address the Brand Manager with any other need related to their social media or marketing accounts. The Client is not to discuss compensation, additional services or any other topic not directly needed for managing the agreed upon services in this agreement.
(c) Any communication with the Brand Manager should also include Scott Cox. Scott may not be actively involved in every detailed conversation for the day to day management of the Client’s accounts. However, Scott can be contacted anytime during business hours at the Clients discretion for any need they have. Scott’s primary role will be to maintain or update the ongoing, overall strategy and to support the Brand Manager and Client in reaching the set goals of this agreement.
(d) Brand Managers are available for customer support during the business hours stated above and will respond within 24 hours excluding weekends. The Client can contact the assigned brand manager through their agency email which will be given to The Client upon on-boarding.
(e) If for any reason the Client is unhappy with the performance of the Brand Manager, Social Reach will provide another Brand Manager in an attempt to provide a better fit. If Social Reach is unable to provide a Brand Manager that is approved by the Client, either the Client or Social Reach may end their agreement with 30-days prior notice.
(f) Social Reach will offer a minimum of once a week meetings with the Client to discuss progress, updates, strategies, and analytics. The Contractor will also provide a detailed monthly analytical and strategy report via email, which will include profile analytics, previous months strategy, and the next month’s strategy.
Any Set Up Fees and all Ongoing Monthly Service payments are collected prior to services being rendered. Social Reach will proceed to collect payment for services once the Client has accepted any proposal. Monthly payments are auto-billed to The Client’s checking account or credit card on the 30th of each month prior to services being performed.
By accepting any proposal or submitting any payment to work with Social Reach, unless agreed to outside of this agreement in writing, The Client agrees to adhere to our late fee policy.
If for any reason The Client’s payment is not received by the first of each month The Client agrees to a late fee of 10% of total monthly services billed. All services will pause and will not resume until The Client’s monthly service fee and the late payment are satisfied. The Client also agrees Social Reach may end any agreement if we see fit at any point once The Client has a late payment.
TERM AND TERMINATION
Term. All agreements will become effective as soon as a proposal for services is accepted. All initial agreements are for a term of three months, which is referred to as our validation period. Once the initial validation period is met, all agreements may be continued for six month terms. Unless they are terminated in accordance with subsection (a), this agreement will continue until the Services have been satisfactorily completed and Social Reach has been paid in full for such Services (the “Term”).
(a) Termination. This agreement may be terminated:
by The Client at as the deem necessary. If The Client decides to cancel an agreement, The Client agrees to pay 50% of the total remaining monthly payments for the current agreement to Social Reach;
by either party for a material breach of any provision of this agreement by the other party, if the other party’s material breach is not cured within 10 days of receipt of written notice of the breach; or
by the either party at any time and without prior notice, if either party is convicted of any crime
Effect of Termination. After the termination of this agreement for any reason, the Client shall promptly pay the Contractor for services rendered before the effective date of the termination.
The Client is hiring the Social Reach LLC as an independent contractor.
The following statements accurately reflect their relationship:
– Social Reach will use its own equipment, tools, and material to do the work.
– The Client cannot control how the job is performed on a day-to-day basis and cannot make any additional demands outside of this contract.
– The Client and the contractor will adhere to the deadlines established in this agreement.
– The Client and the contractor do not have a partnership or employer-employee relationship.
– Social Reach cannot enter contracts, make promises, or act on behalf of the client outside of its responsibilities listed here in the contract.
A party will not be considered in breach of or in default because of, and will not be liable to the other party for, any delay or failure to perform its obligations under this agreement by reason of fire, hurricane, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that party’s reasonable control (each a “Force Majeure Event”). However, if a Force Majeure Event occurs, the affected party shall, as soon as practicable:
notify the other party of the Force Majeure Event and its impact on performance under this agreement; and
use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this agreement.
(a) Choice of Law. The laws of the state of Florida govern this agreement (without giving effect to its conflicts of law principles).
(b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in Polk, Florida.
(c) Attorneys’ Fees. If either party employs attorneys to enforce any rights arising out of or relating to this agreement, the losing party shall reimburse the prevailing party for its reasonable attorneys’ fees.
This contract imposes special restrictions on how the client and Social Reach must handle confidential information. These obligations are explained in this section.
– The Client’s Confidential Information: While working for the client, Social Reach may come across, or be given, client information that is confidential. This is information like customer lists, business strategies, research & development notes, statistics about a website, and other information not made available to the public. Social Reach promises to treat this information as if it is the contractor’s own confidential information. Social Reach may use this information to do its job under this contract. Social Reach may use any relevant marketing materials, created by Social Reach, as a display of work experience, if it is not detrimental to the client or confidential information.
– Social Reach will not share confidential information with a third party unless the Client gives Social Reach written permission first.
This agreement constitutes the final agreement between the parties. It is the complete and exclusive expression of the parties’ agreement about the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement’s effectiveness.
All agreements will become effective when The Client clicks accept on the proposal. The date any agreement is signed by the last party to sign it (as indicated by the date associated with that party’s signature) will be deemed the date of this agreement.
NECESSARY ACTS; FURTHER ASSURANCES
Each party and its officers and directors shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement.
The Client upon request will be able to audit any and all content before public release if they so choose. Therefore, Social Reach, including its contractors, officers, managers or any other affiliated service providers, cannot be held liable for any damages or loss that may be received from any image, video, graphic, post, advertisement or any other piece of content or service.
FEES & ADDITIONAL SERVICES:
Changes based on The Client’s wants or direction or excessive changes will be charged at $100/hr and may require significant time to undo previous creations or to make room for requested changes. Any work the Client wishes Social Reach to create, which is not specified in the &ldquo website elements” form will be considered an additional service. Such work shall require a separate payment from and above that specified in this Agreement.
The Client agrees to pay Social Reach immediately when any of the following expenses might be deemed necessary in completion of the Work: (e.g.Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Stock photography, Travel.) The Client will approve any and all additional expenses in writing via email before they are incurred.
COPYRIGHTS & TRADEMARKS:
The Client represents to Social Reach and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Social Reach for inclusion in web pages are owned by the Client or that The Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Social Reach and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
The Client will retain copyright ownership for all Client provided content and any assets that were paid for or provided by Client.