Terms of Service

PR Services and Social media content creation / management - Terms of USe

To be eligible to sign up and use these Services, you must review and accept the terms of this Terms and Conditions Agreement.

In this Agreement, "you," "your" and "Customer" will refer to you. If you are signing-up for a Supersize Social plan or using the Service on behalf of an entity or other organization, you are agreeing to these Terms for that entity or organization and representing to Supersize Social that you have the authority to bind that entity or organization to these Terms (and, in which case, the terms "you", "your" and "Customer" will refer to that entity or organization).

Please review these terms carefully. By accepting these terms or using the service, you agree to these terms and conditions with Supersize Social.  If you do not agree to be bound by these terms, you should not sign up and you should not use the service.

1.    QUICK DEFINITIONS

The following terms, when used in this Agreement, will have the following meanings:

"Confidential Information" means any information or data disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential considering the nature of the information and the circumstances surrounding disclosure. However, "Confidential Information" will not include any information which (a) is in the public domain through no fault of receiving party; (b) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party; (c) was properly disclosed to receiving party, without restriction, by another person with the legal authority to do so; or (d) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.

"Customer Data" means the data, content, and other material input, supplied or made available by you through the use of or access to the Service.

"Service" means the writing of online articles, press publication services on the pre-determined websites of the publications as purchased by the Customer, and creation of social media content provided by Supersize Social to you, depending on the plan that you have signed up to.

“Final Work” means the final version of the Service provided that is delivered to the Customer.

2.     SUBSCRIPTION

2.1. Eligibility

To be eligible to use the Service, you must:

1. be at least eighteen (18) years old and able to enter into contracts;

2. complete the sign-up process on the Supersize Social website;

3. agree to these Terms and the other terms and conditions linked in these Terms that form part of the Agreement;

4. provide true, complete, and up-to-date contact and billing information;

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. By representing and warranting, you are making a legally enforceable assurance.

If you don’t meet these requirements, Supersize Social may refuse or stop the Service with no refund granted to the Customer at any time.

2.2. Term

When you sign up to the Service and agree to these Terms, the Agreement between you and Supersize Social is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you use the Service or until you or we terminate the Agreement in accordance with these Terms, whichever happens first.

2.3. Cancelation

You or Supersize Social may terminate the Agreement at any time and for any reason. You may do so by requesting the cancelation of the Service or we may do so by giving notice to you that we are terminating the Agreement. We won’t refund or reimburse you in any situation unless we decide to do so at our own discretion.

To cancel your service you must:

a)  Cancel the service directly with your bank / PayPal account.

c)  Contact us ‘info@supersizesocial.com’ or use the website live chat to request a cancellation. If you choose to cancel by contacting us, you must contact us at least before 72 hours of your next payment is due. We cannot guarantee a secure cancellation if you contact us within 72 hours of your next payment. 

Once your subscription is finished, you acknowledge and agree that we may continue to use your Customer Data for marketing purposes.

2.4. Modifications

We may change any of the Terms by posting revised Terms on our Supersize Social website. Unless you terminate your subscription before those modifications, the new Terms will be effective immediately upon posting on the effective date indicated in the new Terms, as applicable, and apply to any continued or new use of the Service. We may change or discontinue the Service or any features of the Service at any time.

2.5. Settlement Of Disputes, Governing Law & Arbitration

a.    Any dispute and/or difference arising out of or relating to this agreement, including interpretation of its terms, will be resolved through joint discussion by the authorized representatives of both the parties. Moreover, if the disputes are not resolved by discussion, then the matter will be referred for adjudication to the Arbitration of a Sole arbitrator.

b.    This Agreement shall be governed by the laws of the United States. United States Courts shall have exclusive jurisdiction over the subject matter of this Agreement.

c.     The arbitration proceedings shall be conducted in English. The place of Arbitration shall be within the United States. The award passed in the arbitration proceedings shall be final and binding on both parties.

d.    The cost of arbitration proceedings shall be equally borne by both the parties. 

e.    Each party shall individually bear the fees of their respective Advocate/Counsel for the proceedings.

When a dispute is made by the Customer, we may suspend any subscription and Service associated with the dispute and said Customer until the dispute is properly resolved.

3.    PAYMENT

All fees for services provided to the Customer are due and payable in full, in advance of provision of the Service. When you sign up for the Service, you agree to monthly recurring billing, starting on the date you sign up. Billing occurs on the same day each month, based on the date that you first started paying for any recurring monthly plan. Payments are due for any month on the same or closest date to the day you made your first monthly payment.

Billing may be paused, and you may choose to stop your subscription permanently at any time.  

Charges not paid by the due date for any reason will result in a suspension of services until full payment is received. Suspension of services for non-payment will not result in a proration of fees.

3.1.        Debit/ Credit Card

For as long as you’re a Customer that has signed up to any of our subscription plans, you’ll have to provide us with valid debit or credit card information and authorize us to deduct your charges against that card every month. You’ll replace the information for any card that expires with information for a valid one. If your card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorized to deduct any charges on your account against the new card. Anyone using a card represents and warrants that they are authorized to use that card, and that all charges may be billed to that card and won’t be rejected. If we’re unable to process your card order for any reason, we’ll try to contact you by email and may suspend your account until your payment can be processed.

3.4. Refund Policy

You won’t be entitled to a refund or credit from Supersize Social under any circumstance. However, we may offer a refund, discount or credit to the Customer at our sole discretion.

4.     RIGHTS AND DUTIES

4.1.        Rigths

Supersize Social reserves the right to reproduce, publish, and display the Final Work in their portfolios and websites, in galleries, in periodicals, and in any other media forms for the purpose of recognition for their creative skills and professional achievements.

4.2.        Confidential Information

We understand that to execute and perform the Service, we will be given access to certain information critical to the operations of the company of the Customer. This information is meant to be confidential and thus, Supersize Social is subject to this confidentiality clause. We are prohibited from disclosing to any unauthorized party other than in ordinary of business any information obtained from the duration of our work with the Customer.

5.     SERVICE

5.1.          Intellectual Property

Customer Content shall remain exclusive property of the Parties, including all the pre-existing Trademarks and Copyright material. The Customer hereby grants the Company a nonexclusive, nontransferable license to use, reproduce, or modify the Customer Content solely regarding the Company’s performance of the Services as provided by the Company and the production of the Deliverables.

5.2.          Assignment Of Copyrights

Upon the completion of the Service and the full payment of all fees, Supersize Social shall assign all rights and interests in the Final Work to the Customer.

5.3.        Press Release Service

The Customer must fill out the questionnaire giving all relevant information for the writing of the articles. Supersize Social will draft the articles based on the questionnaire and the same will be sent to the Customer via email or any other online medium. The Customer will need to review and proofread the articles for factual accuracy, and we will make mutually agreed upon revisions to the draft article. After final approval by the Customer, we will publish the approved article on the website of the pre-determined publication.

5.3.1.      Press Release Acceptance

The Customer shall notify Supersize Social, in writing, of receiving the Final Work, within 7 business days upon its receipt. The Customer agrees that they shall review the Final Work also within 7 business days upon receiving it, and shall either:

a.       Approve and accept the Final Work in writing and thereby, confirming the Service is complete; or

b.       Provide comments and suggested changes in writing to identify their concerns and objections.

In case the Customer fails to review and/or communicate the reception of the Final Work within the time frame mentioned above, it will be considered as received and accepted.

5.3.2.   Other Terms

a.    The publications will be pre-determined by the Customer based on the plan they subscribe to or the custom order made;

b.    The publishing of the articles on the pre-determined publications is dependent on those publications’ availability;

c.     After the article is written, it will be sent to the client for approval in case any desired changes need to be made. This will be further sent to the publication to get the required approval.

d.    Once the article is published, it is final, and no changes will be made to the published article.

e.    The Customer gives Supersize Social the right to use their image and other information required to the articles.

f.      If the client has a specific requirement that is not included in the plan purchased- for example, if the client requires a backlink to be added to the article-, additional cost will be charged for the additional requirement.

6.    CUSTOMER RESPONSIBILITIES

The Customer acknowledges that they are responsible for the performance of the following duties in a prompt and timely manner:

a.       The coordination of any decision-making with parties other than Supersize Social;

b.       The provisions for the Customer Content in a form suitable for the incorporation or reproduction of the Final Work

7.     WARRANTIES, DISCLAIMERS & INDEMNITY

7.1.          Warranties

Each party represents and warrants to the other that:

a.     it is duly organized and a validly existing entity, in good standing under the laws of the jurisdiction in which it was formed, and that it has the right and capacity to enter into this Agreement; and

b.    to the best of their knowledge and abilities, they have not infringed any rights of any third parties in the making or use of the Service.       

7.2.        Disclaimers

Supersize Social does not warrant that the service will be uninterrupted or error free, nor does it make any warranty as to the results that may be obtained from use of the Service. The Service is provided "as is" with no warranty of any kind.

The Customer acknowledges that Supersize Social does not control the transfer of data over communications facilities, including the internet, and that the service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Supersize Social is not responsible for any delays, delivery failures, or other damage resulting from such problems. Supersize Social expressly disclaims any liability arising out of customer’s use of the Service.

7.3.        Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses in connection with any claims you make that aren’t allowed under these Terms. You also agree to indemnify and hold us harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses, in connection with any claims arising out of or relating to your use of the Service, your violation of any laws or regulations or a breach of any representations or warranties you’ve made to us.

To the maximum extent permitted by law, you acknowledge and agree that you assume full responsibility for any loss that results from your use of the Service.

You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Service is suitable for you considering such laws, rules, and regulations.