RESELLER TERMS OF SERVICE
The Reseller Terms of Service are terms between Shelley Costello DBA Creative Web Concepts USA (“Company”), and Your Company (“Reseller”).
Independent Contractor Relationship: The Reseller is an independent contractor and not an agent, partner, or employee of the Company. The Reseller will be approved to enter into any methods of selling services on behalf of the Company with approval of the company.
Once the Reseller is approved they have permission to use our website copy for the purpose of marketing or copying to their website.
PERMISSIONS
Resellers may resell any services offered by The Company at any price. All offerings must be in accordance with the Company’s policies, fixed pricing, or negotiated pricing with the Reseller or negotiated pricing with specialty services to be outlined in their services agreement.
Resellers may upcharge or upsell service(s) for whatever amount they wish, providing the items promised in the package are transparently revealed and agreed upon by Reseller and their customers(s).
Resellers may use any information from our website for promoting or marketing white labeled services. All information is copyright free to copy onto the Resellers site.
Specialty service(s) such as book publishing, publishing, video filming, editing, event marketing, or other special services, shall be negotiated and agreed upon as outlined in a Services Agreement for each individual client.
Company Duties: The Company agrees to perform the duties it agrees to be obligated to under the Services Agreement.
SERVICES AND PAYMENTS FOR SERVICES
We require a services agreement between The Company and The Reseller. This agreement outlines the detailed services to be performed by The Company, amount to be paid for the services, and payment dates. This is to be certain The Reseller has obligated The Company correctly. All payments are paid to The Company by The Reseller. Services cannot begin for clients with monthly service packages without the agreement and an automatic payment method on file. This requires a credit card authorization form for the reseller. Each monthly service customer requires a separate monthly auto payment setup and authorization prior to service starting.
The Company “Reseller” is responsible for receiving funds from their client and making funds available to the Company on the payment date.
If the Reseller fails to make any payment when due, the Company will cease all services until the balance is paid. If the payment is not cleared within 24 hours The Company may grant extended timed based on circumstances, or cancel the agreement completely. There are no refunds for services for any reason. We will work to resolve any issue to make the situation satisfactory, should there be one.
All subscription based monthly services must be set up on a recurring payment with debit of reseller’s bank. All other fees for non subscription based services must be paid by invoice provided by Creative Web Concepts USA.
All high end services such as PR packages or event promotions, or amounts exceeding $2,500.00 must be paid by company check, cashiers check or money order to Creative Web Concepts USA. If client is out of town this amount must be paid by bank wire. (Creative Web Concepts will provide wiring information and absorb wire fee)
ACCOUNT ACCESS AUTHORIZATION TO PERFORM
You grant permission for us to have access to all social accounts. The client will demonstrate authorization by connecting us as Admin or Manager for all its social media accounts or by connecting any social account to a 3rd party app.
We are authorized by the Client to assume the identity of the client in all social media interactions on the internet including, but not limited to, status updates, blog posts, online forum discussions, message board posts, comments, and responses to user comments and emails.
We keep all client information in strict confidence. We protect our client’s accounts to the best of our ability. We request that all clients monitor their platforms. We request clients monitor email messages from platforms and check Direct Messages, social platform inbox messages, and pages.
SPECIALITY SERVICES
Specialty service(s) such as book publishing, publishing, video filming, editing, event marketing, or other special services, shall be negotiated and agreed upon and clearly outlined in a Services Agreement.
RIGHTS
We will not sell, trade, rent, lend, or give information, digital files, email addresses, or any other content that you supply to us to anyone else for any purpose.
We do not claim ownership of the materials you provide to us for purposes of using our services and which were created by you or on your behalf. By transmitting such materials for distribution to your Lists, you grant us a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish such materials solely for the purposes of providing the Services to you.
CONFIDENTIALITY
“Confidential Information” means any information that a Party (“Disclosing Party”) discloses to the Company (“Receiving Party”) such as business plans, customer lists, financial information, marketing strategies, intellectual property, designs, artwork, graphics, videos, branding, and other proprietary information shall be confidential information.
WARRANTIES AND GUARANTEES
Whereas, we will perform a myriad of services designed to boost the social media presence, gain visibility, increase business, increase engagement, and advertising for the client, the following apply:
We guarantee to perform our duties as outlined in the services contract you agreed to.
We do not guarantee event attendance numbers, social media results, income, sales, likes, shares, comments, or ROI. We do not guarantee engagement.
We do not make claims or warranties of results of any kind of income, only that we perform the posting and content creation services.
We do not make claims or implied warranties of any kind.
SERVICE INTERUPTION
Service Interruption – Either party 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, earthquakes, floods, explosions or other acts of nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the party’s respective obligations hereunder shall resume.
EMERGENCY OUTAGES
In the event of an emergency outage such as a social media platform down or outage, national disaster, storm, or National Security issue, we will send a notification of service interruption and will work to get posting back up quickly. There will be no credit on your account for this period of non service.
Clients are free to post as much as they want and anything they want. We are not responsible for clients who violate terms of service by running illegal contests, extremely aggressive behavior of excessive following, massive tweeting, hashtagging, posting incorrectly, or any other activity that can cause account suspension or termination.
CONTENT PROVIDED
Clients may delete any content created and distributed on one of your channels. Simply click delete on the post on any platform.
Our Service may use content provided by third-party websites or services. We will select and create all content, and use any content you wish to submit through email, WhatsApp, or our submission form.
If at any time you see something you do not approve of, you may delete it or contact us to delete it. Clients may ask for revisions and we will make unlimited revisions.
The client will retain rights to all content created by the consultant as part of the services the client is paying for.
POSTING
Clients are free to post as much as they want and anything they want. Clients may send us as much content as they want and we will distribute it. The volume of content created and posted is based on the package you have subscribed to. We will post unlimited content if the client sends anything above our package list.
NOTE: We seldom require passwords. We ask you to make us a manager/Editor and connect to our 3rd park platform Buffer which gives us access to only post content. We only manage your channels and do not have any access to your profile, ad center, Facebook payment, or credit card information.
We obey all the rules and terms of service on every platform. We are not responsible for any platform or online channel suspension, hacking, termination, or restriction. There is so much spam, hacking, and fake account suspensions that we cannot combat this.
We are not responsible for clients who violate terms of service by running illegal contests, extremely aggressive behavior of excessive following, massive tweeting, hashtagging, or posting that can cause account suspension or termination.
We provide the services as outlined in your contract with the exception of Thanksgiving, Christmas, July 4th, and New Year’s Day. On those days we will post a holiday image. Clients are free to post as much as they want. There will be no credit on your account for this period of non service.
INDEMNIFICATION & DEFEND
Establishing a social media presence and initiating and continuing a two-way flow of communication between the public and the client, any adverse situation could occur.
Should any adverse incident occur, the Reseller/Client agrees to indemnify, defend, and hold harmless Shelley Costello of Creative Web Concepts USA, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, loss of revenue, loss of business, reputation, for any damage and/or liability that might arise from loss of business from social platform outages, incorrect Internet data or information, social platform hackers, spam, intrusive individuals, account clones, hacks or other activities or situations that may arise, or any other claim whatsoever arising from the use of our services while distributing information on behalf of the client.
End of Terms and Conditions
Each reseller is responsible for reading and understand these terms and conditions.