Terms & Conditions & Contract
This document outlines the terms and conditions governing
the contractual relationship between you, hereinafter referred to as the
"Client," and B. Edwards Enterprises, Inc., operating under various
sectors, including Your Social Media Experts, 5 Star Web Design, and
Outdoorsmen Social Network, hereinafter referred to as the "Company."
By electronically signing this contract, you acknowledge and agree to all the
terms and conditions contained herein. Please carefully read and understand the
following:
1. Services Provided
The Company offers a range of services, including but not
limited to Marketing on Social Media, Social Media Management, LinkedIn
building, Website Design, and Graphic Design. It is essential to note that the
Company provides services as an independent entity, and you are the client. We
do not form a partnership or employer-employee relationship with you. The
Company reserves the right to use third-party companies, apps, and software for
project execution. You, as the client, accept that the Company is not
responsible for any issues arising from third-party services.
2. Refunds
The Company strictly does not provide refunds for its
services. By engaging with our services, you acknowledge and accept this
policy.
3. Payment and Billing
All payments are automatically withdrawn from your Credit
Card Account. If you are uncomfortable with this payment method, we recommend
refraining from purchasing our services. Payment processing may take up to 72
hours. New clients typically begin their service on the following Monday, with
all assignments due by the prior Sunday. Start dates always fall on Mondays.
Please note that the payment made covers the services of
Your Social Media Experts Expert ONLY and does not include expenses related to
boosted posts or advertising fees. The responsibility for any additional
expenses for accounts opened and services used lies with you, the client.
Occasional Event Marketing may be an option, subject to approval, but certain
restrictions apply.
In case of late payments or declined payments, promotions
may be forfeited, and your account may be locked or shut down. To reactivate
your account, you may be subject to full pricing with no discounts.
4. Cancellations
Cancellations are subject to specific terms depending on the
type of service:
- DIY Licenses: Cancel anytime, with effects on your next
billing cycle.
- Regular Licenses, DIY License, Part Time and Content Filling
License: Cancellations must be made via email 3 months in advance for accounts
$500 or less a month.
- Cancellations must be made via email 6 months in advance
for Full-Time Expert Work, or any accounts over $500 a month.
The email for cancellation must be sent exclusively to
support@yoursocialmediaexperts.com. Once the notice is received, the 6-month or
3-month cancellation period will commence, counting down from the next billing
date.
5. Legal Actions
If you breach any part of this contract, the Company
reserves the right to discontinue services at any time without prior notice.
You, as the client, are responsible for full payment. If this contract is
broken, canceled, or breached at any time, legal actions will be initiated in
the State of Missouri, specifically in Clay County Jurisdiction. Any legal fees
incurred will be borne by you, the client.
6. Proprietary Information Agreement
By engaging with the services provided by the Company, you
are bound by the Proprietary Information Agreement. This agreement restricts
you from sharing, recording, or distributing any training materials or
knowledge provided through training sessions. Violation of this agreement may
result in fines and legal action.
7. Content Creation
Content creation services include the development of videos
and images. You must provide high-resolution images for effective content
creation. It is prohibited to send images you do not own, and any illegal
images will be reported. Content creation allows for up to two changes.
8. SEO Services
SEO services are subject to a 6-month recurring contract.
Cancellation requires a 6-month notice via email, starting from the next
billing statement. Declined payments will incur a $50 per day decline fee, and
further non-payment may lead to collections and legal actions. The first two weeks of SEO is for setting up your, the client's accounts.
9. Non-Compete Agreement
All clients agree to a non-compete agreement for up to 3
years. You are not allowed to work with clients of the Company for a specified
period. Breach of this agreement may result in legal action.
10. Modifications to the Contract
The Company reserves the right to modify this contract at
any time without prior notice. All clients are bound by the most recent version
of the contract.
11. Contact Information
Company Address:
Your Social Media Experts
617 Harborview Drive
Smithville, MO. 64089
Customer Support:
Your Social Media Experts:
support@yoursocialmediaexperts.com
5 Star Web Design: support@5starwebdesign.net
Outdoorsmen Social Network: theosnteam@gmail.com
12. Operating Hours
Operating hours are as follows:
Monday, Tuesday, Wednesday: 9:30am to 3:30pm
Thursday: 9:30am to 2:30pm
Friday: CLOSED
Closed Saturdays and Sundays, unless by appointment
13. Holidays
The following holidays and specified days will not have phone support, and the office will be completely closed:
- New Year's Eve
- New Year's Day
- January 29th - February 2nd
- February 13th
- Valentines' Day
- February 15th
- Martin Luther King, Jr. Day
- George Washington’s Birthday
- Memorial Day Weekend
- July 2nd
- Independence Day Weekend
- July 5th
- July 9th
- Labor Day Weekend
- Columbus Day
- Veterans Day
- October 22nd
- Halloween Day
- November 1st
- Day before Thanksgiving
- Thanksgiving Day
- Day after Thanksgiving Day
- Christmas Eve
- Christmas Day
If you need help in the meantime, please email support at support@yoursocialmediaexperts.com or fill out a support ticket on the website at https://yoursocialmediaexperts.com/contact Emails will be replied to within 24-48 hours of receipt. All phone calls, texts, and emails are saved and recorded for quality assurance. Therefore, by signing this contract, you agree and give permission to record all calls, texts, and emails.
Non-Disparagement and Non-Defamation Agreement
This Non-Disparagement and Non-Defamation Agreement (the "Agreement") is entered into on this 1/1/2023 (the "Effective Date") by and between B. Edwards Enterprises, Inc., operating under various sectors, including Your Social Media Experts, 5 Star Web Design, and Outdoorsmen Social Network, hereinafter referred to as the "Company," and you, hereinafter referred to as the "Client."
WHEREAS, the Client has engaged with the Company for various services, and the Company has provided said services to the Client as per the terms of their agreement;
WHEREAS, the Client wishes to maintain a respectful and professional relationship without engaging in harmful or defamatory actions towards B. Edwards Enterprises, Inc., operating under various sectors, including Your Social Media Experts, 5 Star Web Design, and Outdoorsmen Social Network, hereinafter referred to as the "Company".
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Client hereby agree as follows:
Non-Disparagement:
The Client agrees not to make any negative, disparaging, or derogatory statements, written or spoken, orally or in writing, about the Company, its employees, contractors, services, or products, to any individuals, entities, or the general public. This includes, but is not limited to, online platforms, social media, review websites, forums, or any public medium.
Non-Defamation:
The Client agrees not to engage in any defamatory actions, including making false statements or spreading false information about the Company, its employees, contractors, services, or products. The Client shall not engage in any actions that could harm the reputation or goodwill of the Company through false statements, misrepresentations, or knowingly spreading untruths.
Confidential Information:
The Client shall not disclose or use the Company's confidential or proprietary information, including but not limited to trade secrets, business plans, financial information, customer lists, marketing strategies, and any other information considered confidential by the Company. This obligation continues even after the termination of the Client's relationship with the Company.
Liquidated Damages:
In the event of a breach of this Agreement, the Client shall be liable to pay the Company liquidated damages of up to $150,000, plus any other damages that are awarded by the court with no limit to the amount awarded to the Company, by the liable Client who conducted such damages. The parties agree that this amount represents a reasonable estimate of the damages the Company may incur due to the Client's breach of this Agreement, and that proving actual damages would be difficult. The Company shall have the right to pursue this amount through legal action.
Legal Action:
In the event of a breach of this Agreement, the Company reserves the right to initiate legal proceedings against the Client in a court of competent jurisdiction to seek remedies available under the law. The prevailing party shall be entitled to recover its reasonable attorney's fees and costs.
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the state of Missouri, without regard to its conflict of law principles.
Entire Agreement:
This Agreement constitutes the entire understanding between the Client and the Company with respect to the subject matter herein and supersedes all prior agreements, understandings, or representations, whether written or oral.
IN WITNESS WHEREOF, the Client has executed this Non-Disparagement and Non-Defamation Agreement as of the Effective Date they sign up with B. Edwards Enterprises, Inc., operating under various sectors, including Your Social Media Experts, 5 Star Web Design, and Outdoorsmen Social Network, hereinafter referred to as the "Company".
By electronically signing this contract, you acknowledge
your understanding and agreement to all terms and conditions set forth herein.
This contract can be modified at any time without notice, and you are bound by
the most current version. We appreciate your business and look forward to
working with you. Your trust and loyalty are of utmost importance to us.