Terms of Service
Terms and Conditions
By purchasing any service from Shelley’s Social Media, LLC (“we,” “our,” “Business,” or “Contractor”), You (the “Client or Recipient”) agree to the following terms and conditions.
Recurring Monthly Contracts
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When You purchase a service that is part of a recurring monthly contract, You acknowledge and agree to the terms outlined in this document.
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Recurring monthly services automatically renew each month unless canceled according to the specified cancellation policy.
Non-Monthly Contracts and Coaching Services
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By purchasing any non-monthly or coaching service from Shelley’s Social Media, LLC, You agree to the additional terms outlined in the “Non-Monthly and Coaching Services” section.
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These terms apply in conjunction with all other applicable policies stated on this page.
Google Business Profile Action Program
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If You are purchasing the Google Business Profile Action Program, please refer to the specific terms outlined here for additional details.
By continuing with Your purchase, You confirm that You have read, understood, and agreed to these terms.
Contract for Services
This agreement (“Contract”) is entered into by and between Shelley’s Social Media, LLC (the “Business” or “Contractor or We”) and You, the ('Client'.or 'Recipient')
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Payments:
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You, the Client, agree to make all payments to Shelley’s Social Media, LLC.
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Payments include a one-time setup fee (determined by the selected plan) plus a 2.9% + $0.30 payment processing fee.
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Monthly services will commence upon Contractor receiving all required files and access to Your website.
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The date of the first invoice will establish the due date for all subsequent monthly invoices.
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Invoices:
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Invoices will be sent to the email address provided by You, the Client.
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Ownership of Work Product:
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Any copyrightable works, ideas, inventions, or other deliverables developed by Shelley’s Social Media, LLC in connection with the Services (“Work Product”) shall be the exclusive property of You, the Client, provided You are not in default under this Contract.
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Upon request, Shelley’s Social Media, LLC will execute documents to confirm Your ownership of the Work Product.
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Confidentiality:
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Contractor and its employees or agents agree to protect Your proprietary information and treat it as confidential.
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This confidentiality obligation survives the termination of the Contract.
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Performance Disclaimer:
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Contractor provides services in a good and workmanlike manner in accordance with industry standards but cannot guarantee specific outcomes, such as website traffic numbers or first-page search engine rankings.
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You acknowledge that search engine algorithms and other external factors may affect results.
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Indemnification:
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You warrant You have the authority to provide all materials required for the Services.
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You agree to indemnify, defend, and hold harmless Shelley’s Social Media, LLC from any claims arising from the materials provided by You.
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Data Responsibility and Limitations:
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You are responsible for managing, storing, and backing up Your data.
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Shelley’s Social Media, LLC is not liable for any loss or compromise of Your data but will assist with recovery efforts at Your expense.
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Force Majeure:
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Neither party is liable for failure to perform obligations due to events beyond their control, such as natural disasters, acts of government, or other unforeseeable circumstances.
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Late Fees and Default:
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If any payment due under this Contract is not received by Shelley’s Social Media, LLC within 5 days after the due date, a late fee of $30 of the overdue amount will automatically be added to the outstanding balance. In addition, interest will accrue on the late payment from the due date until paid, at a rate equal to the lesser of 1.5% per month or the highest legal rate permitted.
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Suspension of Services: In the event that payment remains unpaid for 20 days after the due date, all services provided under this Contract will be suspended until payment is received in full, including any late fees or accrued interest.
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Shelley’s Social Media, LLC reserves the right to withhold all deliverables and cease any ongoing work until the account is brought current.
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Default: If payment is not made within 30 days of the due date, or if You fail to perform any other obligation required under this Contract, You will be considered in default. In the event of default, Shelley’s Social Media, LLC may, at its discretion, pursue any of the following remedies:
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Refuse to continue providing services, or
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Require prepayment of any outstanding fees for future services at the rate then regularly charged by Shelley’s Social Media, LLC.
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Shelley’s Social Media, LLC may also accelerate the entire balance of the remaining fees due under this Contract, making the full amount immediately due and payable.
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Additionally, You will be liable for all reasonable attorneys' fees, costs, and expenses incurred by Shelley’s Social Media, LLC as a result of the default, including but not limited to collection efforts and legal proceedings.
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Waiver of Claims: You agree not to exercise any existing or future claims or offsets against any payments due under this Contract, and You agree to pay all amounts due regardless of any such claims or offsets.
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Limitation of Liability:
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Shelley’s Social Media, LLC’s liability is limited to the payments made by You, the Client, during the six (6) months preceding the claim.
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The Contractor is not liable for indirect, incidental, or consequential damages.
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Entire Agreement and Amendments:
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This Contract represents the entire agreement between the parties.
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Amendments must be in writing and signed by both You, the Client, and Contractor.
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Jurisdiction:
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This Contract is governed by Wisconsin law.
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Any disputes shall be resolved in Dane County, Wisconsin, and You expressly waive the right to a jury trial.
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Early Cancellation
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Early Cancellation Process:
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Cancellation Request: To cancel the contract, the Client must submit a written cancellation request to shelley@shelleyssocialmedia.com at least 30 days prior to the desired cancellation date.
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Termination Agreement: Upon receipt of the cancellation request, Shelley’s Social Media will provide the Client with a termination agreement. This agreement must be signed and returned by the Client to proceed with the cancellation.
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Service Termination Fee: The Client agrees to pay a Service Termination Fee, which is calculated as 25% of the remaining payments due under the contract. The fee will be determined by summing the remaining monthly payments and calculating 25% of that total.
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Immediate Payment Required: The Service Termination Fee must be paid in full immediately upon receipt of the termination agreement. If the termination fee is not paid, the contract will remain active, and the Client will continue to be responsible for the regular payments as specified in Section 1 (Services) of this agreement.
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14. Termination:
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If You, the Client, terminate the Contract early, You agree to pay a Service Termination Fee equal to 25% of the remaining payments under the Contract.
15. Electronic Signatures:
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Electronic signatures or agreements are legally binding and enforceable as per applicable state and federal laws.
Non-Monthly and Coaching Services
Acceptance of Terms:
Non-monthly and coaching services are subject to the same terms as recurring contracts, including the following, unless otherwise specified in the service description.
No Guarantees:
Results may vary based on individual circumstances. No guarantees are provided regarding specific outcomes.
Service Personalization:
Each service is tailored to one individual unless otherwise specified in the service description. Additional recipients may be included for an additional fee, as outlined in the service offering.
No Refund Policy:
Non-monthly and coaching services are non-refundable unless stated otherwise in the service description.
Billable Hours:
Billable hours are calculated based on the time spent performing tasks directly related to the services provided. This includes time spent on email correspondence, conducting research, collaborating with the team to address client needs, and any phone conversations with clients. Each of these activities is tracked and billed at the applicable hourly rate as outlined in the service agreement. The time spent discussing project details, resolving issues, and providing updates, whether through calls or emails, is all considered billable, as it directly contributes to the delivery of the agreed-upon services.