TERMS OF SERVICE
TERMS OF SERVICE AGREEMENT
This contract is a legally binding Terms of Service Agreement referred to as (the “Agreement”) and sets forth the terms and conditions in which you (the “Client”) has engaged Super Social to perform certain services as outlined herein.
(1) BINDING EFFECT
This agreement between the Client and Super Social is legally binding, pertaining to the service(s); Super Social Basic, Super Social Advanced and Super Social Professional, including all custom packages created specifically for the Client. By becoming a Super Social Client, you agree to be legally bound by the terms and conditions set forth in this Agreement. The "Effective Date" of this Agreement shall commence on the day you submit your order for services online at www.supersocialonline.com
The specified services provided by Super Social to the Client are outlined on the Super Social website (www.supersocialonline.com). In the case where Super Social and the Client create a custom package, written email or text message correspondence shall set forth the specific details pertaining to the services being purchased by Client, including a custom price.
A. It is required that Client pay all initial fees in full to Super Social, in advance of provision of services. All online payments (recurring and one-time) will be processed via PayPal. Client also has option to pay with credit card via PayPal. Super Social does not secure any client credit card information or PayPal account details on file.
B. Subsequently, Client's PayPal account or credit card will be charged by Super Social on the recurring monthly date in which the Client first ordered services.
C. Super Social holds the right to suspend all services to Client, provided charges are not paid in full, for any reason by the recurring monthly anniversary date. Super Social also holds the right to charge clients a $25 late payment charge if payment is 3 or more days late. Subsequently, Super Social can cancel services at any time before or after these 3 days. Super Social will not prorate any Client fees as a result of a suspension of services for non payment, nor will Super Social prorate any Client fees as a result of upgrading or downgrading to a different monthly package.
D. Super Social does not issue refunds of any fees for any reason, except in the case of a material breach of this Agreement
If Client decides to no longer use the services of Super Social, Client is responsible for giving Super Social 30 days written notice, in advance.
A. Super Social will provide services to Client in accordance with Super Social’s policies, guidelines, and procedures. Super Social is responsible for all aspects of providing the services as set forth online at www.supersocialonline.com. Super Social maintains the right to change its policies, rules and procedures as they wish, without notifying Client.
C. All Super Social policies, rules and procedures pertaining to customer service, privacy and pricing and all other features of the services will apply.
D. It is the sole discretion of Super Social to reject working with clients for any reason and at any time.
All information obtained by either party to this Agreement from the other, in connection with its activities hereunder, including all technical, pricing, marketing, business and other information that each party provides the other or that either party receives from the other shall be treated by the receiving party as confidential and proprietary information of the disclosing party. Receiving party will not use any such information for its own benefit or for any purpose other than fulfilling its obligations under this Agreement and shall not disclose such information to any third party except with disclosing party's prior written consent.
SUPER SOCIAL EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING OR RELATED TO THIS AGREEMENT, THE SERVICES OR ANY MATERIALS OR ASSISTANCE PROVIDED TO CLIENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT FOR A SPECIFIC PURPOSE.
Client will indemnify and hold harmless Super Social and its customers, suppliers, directors, officers, agents and employees from and against any and all losses, costs, damages, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to any breach by Clients of any of the terms of this agreement.
(9) FORCE MAJEURE
Super Social 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 Super Social shall be extended on a day-to-day basis for the time and period equal to the period of such excusable interruption. When such events have abated, Super Social's respective obligations hereunder shall resume. In the event the interruption of Super Social'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) day's prior written notice to the other party.
(10) LIABILITY WAIVER
ESTABLISHING A SOCIAL MEDIA PRESENCE BETWEEN CLIENT AND THE PUBLIC CAN HAVE UNINTENDED CONSEQUENCES ON THE CLIENT'S REPUTATION. SHOULD THIS OCCUR, THE CLIENT WAIVES ITS RIGHTS TO HOLD SUPER SOCIAL RESPONSIBLE FOR ANY DAMAGE AND/OR LIABILITY THAT MAY ARISE FROM SUPER SOCIAL'S ACTIONS ON BEHALF OF THE CLIENT. SUPER SOCIAL SHALL NOT BE LIABLE TO CLIENT FOR ANY ENTITY OR PERSON CLAIMING THROUGH OR UNDER CLIENT FOR ANY LOSS OF PROFIT OR INCOME OR OTHER INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, WHETHER IN AN ACTION FOR CONTRACT OR TORT, IN CONNECTION WITH THIS AGREEMENT, EVEN IF SUPER SOCIAL HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CIRCUMSTANCES SHALL SUPER SOCIAL'S LIABILITY TO CLIENT HEREUNDER EXCEED THE AMOUNT PAID TO SUPER SOCIAL BY CLIENT FOR THE PREVIOUS ONE (1) MONTH OF SERVICES PURCHASED. THIS LIMIT IS CUMULATIVE AND MORE THAN ONE (1) CLAIM WILL NOT INCREASE THE LIMIT. CLIENT ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY ARE A CRITICAL ELEMENT OF THE AGREEMENT BETWEEN BOTH PARTIES AND IN THEIR ABSENCE, THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SET FORTH DIFFERENTLY.
(11) MODIFICATION IN TERMS
It is within Super Social's sole discretion to make amendments to this agreement from time to time. If changes are made, Super Social shall send an email to the Client's last known email address and this will be considered valid notice of any such changes.
(12) GOVERNING LAWS
The Client and Super Social shall comply with all statutory regulations in accordance with the Province of Ontario. Any litigation or dispute resolution related to this Agreement shall take place in the courts located in Toronto, Ontario, Canada.
Any and all notice to be given by the parties hereto to each other under this Agreement shall be in writing, in the English language and shall be transmitted via Canadian Certified Mail with a request for a return receipt.
No provision of this Agreement may be waived except by a written document executed by the party entitled to the benefits of the provision. No waiver of a provision will be deemed to be or will constitute a waiver of any other provision of this Agreement. A waiver will be effective only in the specific instance and for the purpose for which it was given, and will not constitute a continuing waiver.
This agreement constitutes the entire agreement between the parties hereto in relation to its subject matter and supersedes all prior agreements and understandings whether oral or written with respect to such subject matter hereof. This Agreement shall be binding upon and inure to the benefit of the parties' successors and permitted assigns provided however, that Client may not assign this Agreement, in whole or in part, without Super Social's prior written consent and any assignment by Client without such consent shall be null and void. In the event that any term, condition or provision of this Agreement is held to be in violation of any applicable law, statute or regulation that provision shall be deemed to be severable from the other provisions, while the remaining provisions of this Agreement will remain in full force and effect.