The following Terms of Service govern your use of the Zero Down Social (“ZD-SOCIAL”) Web Site located at ZeroDownSocial.com, including any services and features available on or through the Web Site such as social media profile setup, social media posting, social media engagement and social media management. The Website is made available by ZD-SOCIAL. We may change the Terms of Service from time to time, at any time, by posting such changes on the Site. BY USING THE SITE AND/OR SERVICE, YOU ACCEPT AND AGREE TO THESE TERMS OF SERVICE AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms of Service, you may not access or otherwise use the Site or our Services.
1.) Services Provided
When can I cancel my services?
You can cancel your service at any time, you just need to give a 30 day notice of cancellation.
Do I get to keep my campaign if I cancel service?
Yes- you will retain full ownership regardless of when you cancel.
What type of reporting do I get?
After achieving 500 likes, you will receive bi-weekly reports showing you a full scope of your entire campaign for the life of your campaign.
What type of customer support do I get?
You will have full email support with a certified upSOCIAL account manager. They will be able to make any changes to the campaign that you request and will often send you new strategies that they recommend implementing.
2.) Pricing and Invoicing Terms
What forms of payment do you accept?
We accept all major credit cards. This credit card is used for our management fee.
What do I pay for in the 1st Month?
You pay nothing for your first 30 days until we achieve 500 likes. You can cancel during that time with NO penalty.
What are the management fees for you service?
You pay nothing the first 30 days until we reach 500 likes. For the following months your management fee will be $750 per month and will be auto-billed to your credit card on file for a minimum period of six months.
By agreeing to the terms outlined in this TERMS OF AGREEMENT you agree that we may auto-charge your credit card on day 31 and each 30 days thereafter unless 30 days cancellation notice is given at which time we will only charge on a pro-rated basis for the remainder of the 30 days and halt all charges once service ends.
3.) Proprietary Rights
As between you and ZD-SOCIAL, with the exception, in some cases, of Submitted Materials, as defined below in Section 6, we own, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Site, and the look and feel, design, compilation and organization thereof, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant you ownership of any content, code, data or materials that you may access on the Site.
All information you submit to ZD-SOCIAL is held as confidential and is not shared with anyone other than those who will help complete the job you contract us for. All content we provide is considered a “work for hire” and all copyrights belong to you, the client, unless otherwise specified in an agreement between you and ZD-SOCIAL.
ZD-SOCIAL agrees not to reuse or redistribute the content we provided to you as long as you have paid in full for the content. Nonpayment of the agreed on price results in the copyrights belonging to ZD-SOCIAL. We also agree not to reuse the content we provide to you in the same form as provided to you. ZD-SOCIAL cannot be held responsible for similar content appearing anywhere nor can we be responsible for someone else misusing your content. It is your responsibility to police the content and protect your copyrights.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of ZD-SOCIAL and other owners and may not be used unless authorized by the trademark owner. ZD-SOCIAL will enforce its Trademark rights to the fullest extent of the law.
5.) User Information
6.) Submitted Materials
You agree to defend, indemnify and hold ZD-SOCIAL, its affiliates, and its and their directors, officers, employees, trustees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site and/or Services, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of this Terms of Services Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
8.) Orders for Products and Services
We may make certain products available to visitors and registrants of the Site. You may only order products if you are 18 years old or older. You agree to pay in full the prices (and all applicable taxes) for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to ZD-SOCIAL. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
9.) DISCLAIMER OF WARRANTIES
THE SITE AND ITS SERVICES, CONTENT, FUNCTIONS AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT OF INFORMATION ON THE SITE, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, THROUGH OUR BLOG(S)) SHALL CREATE ANY WARRANTY. ZD-SOCIAL ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH ZD-SOCIAL OR ITS AGENTS.
10.) LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ZD-SOCIAL OR ITS AFFILIATES OR ANY OF ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE PROTECTED ENTITIES) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF SERVICE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO ZD-SOCIAL FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.
11.) Applicable Laws and Dispute Resolution
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Terms of Services Agreement and the relationship between you and us shall be governed by the laws of the United States and the State of Texas, without regard to its conflict of law provisions. All parties agree that in the event of any dispute with respect to this Terms of Services Agreement or any respective obligations hereunder, such dispute shall be settled by arbitration in the County of Houston, State of Texas, in accordance with the commercial rules of the American Arbitration Association. Any award rendered by the arbitrators shall be final and judgment may be entered upon it in any court of competent jurisdiction. Our failure to exercise or enforce any right or provision of this Terms of Services Agreement shall not constitute a waiver of such right or provision. If any provision of this Terms of Services Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Terms of Services Agreement remain in full force and effect.
12.) Termination & Refunds
You may cancel at for any reason within the first 30 days of service and will NOT be billed. Upon entering day 31 of this agreement you must provide ZD-SOCIAL with 30 day’s written cancellation notice. ZD-SOCIAL may terminate, change, suspend or discontinue any aspect of our services at any time. ZD-SOCIAL maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights. “Insolvent” accounts are active accounts that have not paid their monthly invoice within (30) business days from the initial date of insolvency. These “Insolvent” accounts will remain active for (60) days in ZD-SOCIAL’s program, and then they will be terminated. During the (60-day period), ZD-SOCIAL will e-mail the “Insolvent” a minimum of (3) times displaying the outstanding balance based upon the invoices which have not been paid. If correspondence efforts have not been responded to by the “Insolvent” account after the (60-day) period, ZD-SOCIAL will then send the “Insolvent” account to an Independent 3rd Party Collections Agency inclusive of the outstanding balance owed. If the account does not pay the outstanding balance, or comply with the Independent 3rd Party Collections Agency, and then subsequently re-creates a new account, ZD-SOCIAL is permitted to charge the credit card to bring the outstanding balance current, before proceeding with the new account activation. ZD-SOCIAL will utilize it’s proprietary Fraud Prevention System to help identify and detect “Insolvent”, “Terminated” and/or “Fraudulent” accounts from “ZD-SOCIAL’s Service Program”.
21.) Changes to Terms of Service
ZD-SOCIAL reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Service, in whole or in part, at any time. Changes to the Terms of Service will be effective when posted.