Terms of Service

This Contract for Services takes effect on the date that (the BUSINESS ) has signed or ticked the selection of service box or replied to an offer in an email containing a link to this page and Shelley's Social Media, LLC (the Contractor).

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Payment

Shelley's Social Media LLC receives payments. We require a one-time setup fee of the service you signed up for  plus 2.9% plus a $.30 payment processing charge.

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Term

This Contract's term shall commence on the date it is signed and continue for the term that you signed up for on the website.

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Work Product Ownership

Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information ("Work Product") developed in whole or in part by Shelley's Social Media, LLC in connection with the Services are the BUSINESS' exclusive property. Shelley's Social Media, LLC shall, upon BUSINESS' request, execute all documents required to affirm or perfect BUSINESS' ownership of the Work Product within a reasonable timeframe.

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Confidentiality

Shelley's Social Media, LLC, divulge, disclose, or communicate in any way, any information that is proprietary to the BUSINESS. Shelley's Social Media, LLC, and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will remain in effect even after this Contract has expired. Any oral or written waiver by the BUSINESS of these confidentiality obligations that permits Shelley's Social Media, LLC to disclose the BUSINESS confidential information to a third party shall be limited to a single occurrence linked to the particular information disclosed to the particular third party. The confidentiality clause will remain in effect in all other situations.

The BUSINESS will receive all records, notes, documentation, and other items used, created, or controlled by Shelley's Social Media, LLC during the term of this Contract.

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Default

The occurrence of any of the following shall constitute a material default under this Contract:

 

 a. The failure to make a required payment when due.

 

 b. The insolvency or bankruptcy of either party.

 

 c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application, or sale for or by any creditor or government agency.

 

 d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.

 

Remedies

In addition to any other rights a party may have under applicable law, if a party defaults by failing to substantially perform any provision, term, or condition of this Contract (including, but not limited to, failing to make a payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall characterize the nature of the default in sufficient detail. The party receiving such notice has ten days from the notice's effective date to remedy the default(s). Failure to cure the default(s) within the specified time period will result in the automatic termination of this Contract, unless waived in writing by the party providing the notice.

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Force Majeure

If the performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by circumstances beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives prompt written notice of such event to the other party, then the obligations of the party invoking this provision shall be suspended to the extent required by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, rioting, or wars, as well as strikes, lock-outs, and work stoppages. The excused party shall make reasonable efforts under the circumstances to avoid or eliminate such causes of non-performance, and shall resume performance as soon as such causes have been eliminated or ceased. If an act or omission is committed, omitted, or caused by a party or its employees, officers, agents, or affiliates, it is considered to be within the party's reasonable control.

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Entire Agreement

This Contract contains the entirety of the parties' Agreement. There are no additional promises or conditions in any oral or written agreements concerning the subject matter of this Contract. This Contract supersedes any prior written or verbal agreements.

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Severability

In the event that any provision of this Agreement is deemed invalid or unenforceable for any reason, the remaining provisions will remain valid and enforceable. Suppose a court determines that a particular provision of this Contract is invalid or unenforceable, but that, if limited, it could become valid and enforceable. In such a circumstance, the provision will be considered limited in writing, interpretation, and enforcement.

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Amendment

This Contract may be modified or amended in writing by mutual agreement of the parties, provided that the writing is signed and approved by all parties bound by the amendment.

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Governing Law

This Contract shall be construed in accordance with the laws of the State of which the BUSINESS is physically and legally registered.

 

Notice

Any notice or communication required or permitted by this Contract must be delivered in person, via confirmed email, or by certified mail with a request for a return receipt delivered to shelley@shelleyssocialmedia.com or Shelley's Social Media, LLC, P.O. Box 242 Mount Horeb, WI 53572

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Waiver of Contractual Right

The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to later enforce and require strict compliance with every provision of this Contract

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Attorney Fees to Prevailing Party

In any action arising under this Contract or any separate action challenging the validity of this Contract, the prevailing party shall be awarded reasonable attorney's fees and costs, both at trial and on appeal.

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Construction and Interpretation

The rule against construing or interpreting against the drafter is waived. The document shall be presumed to have been drafted jointly by both parties.

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Early Contract Cancellation

If you (BUSINESS) cancel before the end of your contract term, you will be charged a Service Termination Fee equal to 25% of the remaining balance. The precise Service Termination Fee amount will be determined by adding the remaining monthly payments and dividing by 25%.

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Electronic Signature

Any signature (including any electronic symbol or process attached to, or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record) hereto or to any other certificate, agreement or document related to this transaction, and any contract formation or record-keeping through electronic means shall have the same legal validity and enforceability as a manually executed signature or use of a paper-based recordkeeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the Wisconsin State Electronic Signatures and Records Act, or any similar state law based on the Uniform Electronic Transactions Act, and the parties hereby waive any objection to the contrary.

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Agreement of Contract

IN WITNESS WHEREOF, the parties hereto have ordered this Agreement for BUSINESS and Shelley's Social Media, LLC, effective as of the date first above written, to be executed by their duly authorized representatives as of the date first above written.

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Signatures

This contract may be signed electronically or in hard copy. If signed in hard copy, it must be returned to the Business for valid record. Electronic signatures count as original for all purposes.

By signing, ticking the "agree to terms" box or replying to an email containing this link, the BUSINESS agrees to the terms and provisions of this agreement.