Terms of Use

 

  1. Time for acceptance of agreement: The terms of the agreement govern social media projects that you, the Customer, request SMMcast to provide. This agreement and terms must be signed and returned to SMMcast within 15 days of the date prepared or contract will be deemed null and void. This agreement is effective beginning on the date it is executed by the Customer.
  2. Payment: 50% deposit is required upon submission of this agreement and can be paid by means specified under “Payment Method” below. The remaining balance is due once all items under “Quote of Work” have been completed. Until all balances are paid, SMMCast retains the rights to all design options and proprietary programming provided to each Customer pursuant to this agreement. Once all remaining balances are paid in full, the Customer will then have all rights to website design and social media files if applicable.
  3. Warranties and limitation on liability: SMMcast grants the Customer a one year warranty on workmanship. In the event of a claim of defective workmanship, the notice of the warranty claim must be submitted in writing and must describe the claim in sufficient detail to determine the nature of the problem(s), and must be signed by the Customer. After completion of the “Quote of Work”, SMMcast is not liable for the inappropriate or illegal use of any image used, posted, displayed, or otherwise maintained by a Customer on its social media platforms and/or website(s). SMMcast is not responsible for any changes or amendments made by any third party, at any time, to a Customer’s website or social media platform.
  4. Change orders: Any changes made separately from the “Quote of Work”, and any changes requested after Customer approval of the website, design and/or landing page(s), will be subject to a separate charge.
  5. Social Media and/or Website Maintenance, Management and Consulting: All monthly management packages include unlimited phone assistance and training. Additionally, all monthly packages allow the customer to request that SMMcast make minor changes to its social media platforms and/or website such as textual corrections or updates, and logo or photo replacement. Minor changes do not include changes to website, design and/or landing page(s) after they are approved. Packages that include YouTube set-ups do not include creating video or content for the YouTube page.
  6. Cancellations: If Customer cancels prior to no work being completed, we are happy to provide a full refund. After any work/services have already been started, fees are no longer refundable. We apologize for this inconvenience; however, because social media and/or web design or changes can take design/intellectual work hours, we are not able to make any exceptions after work/service has been started. Cancellation requests must be made in writing and can be emailed or faxed to the email and fax listed on this contract. It is Customer’s responsibility to secure confirmation from SMMcast that the request for termination of the Services has been received and no further fees will be billed to, and/or accrued by, Customer.
  7. Project Completion: The projected time of completion is based upon the assumptions that the customer will make all technical and graphic decisions within five (5) business days of submission and provide all requested materials within five (5) days after the request to provide the material.
  8. Payment Method: At this time, only checks are accepted. Checks should be made payable to SMMcast and mailed to the address above. A $25 fee will be charged if a check is returned.
  9. Default in Payment: In the event of a default in payment, ownership of all copyrights and any original artwork created shall be retained by SMMcast.
  10. This agreement is governed by the laws of the State of California.