Terms of service

Terms of Service (TOS) for Social Ops Marketing

Last Updated: July 3rd, 2024

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Section 1. Acceptance of Terms

By accessing or using the Social Ops website and services (collectively referred to as “Services”), you agree to comply with and be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you are prohibited from using our Services. These Terms apply to all visitors, users, and others who access or use the Services.

Section 2. Services Provided

Social Ops specializes in website design, development, and maintenance. Our offerings include but are not limited to:

- Custom website design and development.

- Hosting services.

- Monthly maintenance which includes a set amount of update hours.

- Content creation

- Digital marketing

- Additional services as outlined in specific contracts.

Section 3. Payment Terms

3.1 The monthly retainer payment is to be paid before services are fulfilled for the month for the Client. (Ex. a payment made on October 1st, would cover services for the month of October)

3.2 The Client agrees to fill out the provided ACH authorization form on or before contract start date. 

3.3 The client agrees to have the sufficient funds in their account available prior to the billing date. 

3.4 Social Ops Marketing, LLC is entitled to charge, and the client agrees to pay interest on any unpaid amount from the due date until payment is received at a rate of 1% per day on the outstanding amount. 

3.5 Refund Policy: All fees are non-refundable. This includes, but is not limited to, the initial design and build fee and the monthly maintenance fees.

3.6 Transfer Fees: If a client wishes to transfer their website to another provider, a transfer fee will apply. The amount of this fee will be communicated at the time of the request.

Section 4 Client Responsibilities

4.1 Provision of Content: Clients must provide all necessary content, including text, images, and any other required materials, in a timely manner to ensure the project stays on schedule.

4.2 Review and Approval: Clients are responsible for reviewing the website before it goes live. Approval must be given in writing. Any changes requested after approval will be billed at our standard hourly rate.

4.3 Compliance: Clients must ensure that their content and use of the website comply with all applicable laws and regulations.

Section 5. Intellectual Property

5.1 Ownership: All designs and code created by Social Ops remain the intellectual property of Social Ops until full payment is received. Upon full payment, ownership of the website is transferred to the client, except for third-party materials, which are subject to their respective licenses.

5.2 Use of Materials: Clients grant Social Ops a non-exclusive, royalty-free, worldwide license to use their provided content for the purposes of providing the Services.

Section 6. Maintenance and Updates

6.1 Included Services: The monthly maintenance fee includes a set amount of update hours as agreed upon in the contract. Unused hours do not roll over to the next month.

6.2 Additional Work: Any work requested beyond the included hours will be billed at our standard hourly rate, which will be communicated to the client in advance.

6.3 Scope of Maintenance: Maintenance includes minor updates and bug fixes. Major redesigns or additional features will be considered a new project and billed accordingly.

Section 7. Notice of Cancellation:

Customers wishing to cancel their services must provide written notice of their intention to cancel. This notice must be sent to info@socialops.net and should include the customer’s name, account number, and the reason for cancellation.

Section 8. Billing and Payment Obligations

• Our billing cycle operates on a monthly basis, with customers paying in advance for services rendered during the upcoming month.
• Upon receipt of a cancellation notice, the following payment obligations will apply:
• If the cancellation notice is received at any point during the current billing month, the customer is obligated to pay for the entire current month.
• Additionally, the customer is required to pay for the next full month following the month in which the cancellation notice was received.
• In some cases, Social Ops may bill from a hourly break down. Those hourly costs can be viewed HERE

Example Scenarios:

• If the billing period starts on the 1st of the month and a cancellation notice is received on the 5th, the customer must pay for the entire current month and the following month.
• If the billing period starts on the 1st and a cancellation notice is received on the 1st, the customer must pay for the entire current month and the following month.
• If the billing period starts on the 1st and a cancellation notice is received on the last day of the month, the customer must pay for the entire current month and the following month.

Section 9. Termination

9.1 By Social Ops: Social Ops reserves the right to terminate services for any client who breaches these Terms. Termination may result in the unpublishing of the website and forfeiture of any fees paid.

9.2 By the Client: Clients may terminate services at any time by providing written notice. No refunds will be issued for any fees paid.

9.3 Effect of Termination: Upon termination, the client’s access to the Services will cease, and Social Ops may delete any data associated with the client’s account.

Section 10. Limitation of Liability

10.1 No Warranty: Social Ops provides the Services on an “as is” and “as available” basis. We make no warranties, expressed or implied, and hereby disclaim and negate 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.

10.2 Limitation of Damages: In no event shall Social Ops 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 Services, even if Social Ops or an authorized representative has been notified orally or in writing of the possibility of such damage.

Section 11. Indemnification

Clients agree to indemnify and hold harmless Social Ops and its employees, contractors, and affiliates from any claims, damages, or expenses arising from their use of the Services, violation of these Terms, or infringement of any intellectual property or other right of any person or entity.

Section 12. Changes to Terms

Social Ops reserves the right to modify these Terms at any time at our discretion with or without notice. Changes will be effective immediately upon posting to our website. Continued use of the Services after any changes indicates acceptance of the new terms. Clients are encouraged to review these Terms periodically.

Section 13. Governing Law

These Terms are governed by and construed in accordance with the laws of Michigan, United States. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts of Michigan, United States.

Section 14. Contact Information

For any questions or concerns regarding these Terms, please contact us at info@socialops.net.