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Terms of Service

Client and Agency

These Terms of Service outline the conditions and relationship between Cadenza Social, LLC (DBA Two Step Social) (“Agency”) and its customers (“Client” or “Clients”).

Summary

Below is a summary of the Terms of Service; it is only meant to highlight portions of the Terms of Service that the Agency deems notable. Client acknowledges that Client has read the entire Terms of Service.

Manner of Compensation

Client agrees to pay for services at the start of each month. Client acknowledges that Agency will not provide service until payment has been received on a monthly basis. The monthly fee for the Basic, Business, and Premium packages is listed on the Agency’s website, and is subject to change at any time. The monthly fee for custom packages, that do not fall under the Basic, Business, and Premium packages, is subject to change at any time. Client acknowledges that Agency is not obligated to provide services for the prices listed on Agency’s website. Client acknowledges that Agency reserves the right to not provide services to customers. Client grants permission to Agency to charge Client’s credit card on a monthly basis. Client acknowledges that Client can cancel service at any time; however, if Client cancels service, Agency will provide service for the remainder of the month for which the Client has paid. Client acknowledges that there is a no-refund policy. In other words, Agency will not grant refunds for partial months of service.

Account Access

Client agrees to grant Agency access to Client’s social media accounts and profiles. Client agrees to give Agency administrator-level access to all accounts.

Disputes

These Terms of Service and any claim or dispute arising out of or related to these Terms of Service or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to its conflicts of law principles. Any claims, legal actions, or proceedings arising out of or relating these Terms of Service (whether for breach of contract, tortious conduct or otherwise) shall be brought in either the Court of Mecklenburg County, North Carolina or the United States District Court for the Western District of North Carolina, and the parties to these Terms of Service hereby accept and irrevocably submit to personal jurisdiction in North Carolina. These Terms of Service shall be binding upon and insure to the benefit of both parties hereto, their successors and assigns, including, without limitation, any corporation or person which may acquire all or substantially all the assets and business of either party or into which either party may be consolidated or merged. If any provision of this jurisdiction is proved to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and in no way, be affected, impaired, or invalidated. The waiver by Agency of a breach or failure to enforce any of the terms and conditions of these Terms of Service at any time shall not in any way affect, limit, or waive Agency’s right thereafter to enforce and compel strict compliance with every term and condition of these Terms of Service. In addition to any other damages that either party may be entitled to at law or in equity, should either party breach these Terms of Service, the prevailing party shall be entitled to recover its reasonable attorney’s fees, costs, and expenses incurred in enforcing the terms of these Terms of Service. In no event shall either party be liable to the other for punitive, special or consequential damages even if the other party shall be informed of the possibility that consequential damages may result from any fault or breach.

Agency Employees

For a period of three (3) years, Client agrees not to hire, directly or indirectly, any employee of the Agency or use employee as an independent contractor, unless otherwise mutually agreed by the parties.

Cooperation

Client is to cooperate with Agency, as needed, during their relationship. Said cooperation shall include, but not be limited to, timely providing reasonably required information as Agency may request.

Content Distribution

Client agrees to assume full responsibility for the truth and accuracy of information furnished to Client by Agency and for the content Client has reviewed and approved. The parties covenant and agree to indemnify and save each other harmless from any and all claims, liability, loss, damage or expense, including reasonable attorneys’ fees, arising out of the negligent performance of their respective obligations under these Terms of Service or by anyone for whom they are in law responsible. The parties hereto agree that they shall co-operate with each other in the defense of any such action, including providing each other with prompt notice of any such action and the provision of all material documentation. The parties further agree that they have a right to retain their own counsel to conduct a full defense of any such action.

Agency Marketing

Agency reserves the right to reference Client and materials produced for Client in its marketing and promotional materials. Agency reserves the right to use materials created for the Client by the Agency in marketing and promotional materials without the permission of the Client.

Agency Liability

Notwithstanding any contrary provisions in these Terms of Service or as may be provided for under applicable law, in no event shall agency (or its affiliates, and their respective employees, stockholders, officers, directors, representatives, or licensors) be liable to client, either in contract or in tort or indemnity or otherwise, and client hereby releases and discharges agency with respect to any consequential, incidental, indirect, special, exemplary or punitive damages (including without limitation loss of future revenue, lost profits, and diminution of value) which may arise out of or in connection with these Terms of Service, even if agency has been advised of the possibility of such damages in advance or such damages could have been reasonably foreseen by agency. In addition to the foregoing limitations, in no event whatsoever shall agency’s aggregate liability under these Terms of Service, exceed the amount actually paid by client to agency during the last six (6) month period prior to the cause of loss or damage. No claim arising regarding or relating to products, services, or these Terms of Service may be brought against agency or any agency indemnitee more than one (1) year after it accrues, which the parties agree shall control over and short then applicable statutes of limitation. The terms and conditions of this paragraph shall survive any expiration or termination of these Terms of Service.

Oral Representations

These Terms of Service represent the final and entire agreement of the parties and no prior representations or oral agreements or promises were made or relied upon by either party other than those which are expressly set forth herein. Any changes or amendments to these Terms of Service must be in writing and signed by both parties.

Recurring Commissions Referral Program

Cadenza Social, LLC (DBA Two Step Social) offers the Recurring Commissions Referral Program to those who can refer their clients to our service. Those who make referrals will be known as “Referrers,” and those referred by others will be known as “Referees.” Referrers will receive an affiliate fee from Cadenza Social, LLC (DBA Two Step Social) equal to 20% of the monthly price paid by their Referees. This affiliate fee will be earned every month over the Referee’s lifetime as a customer of Cadenza Social, LLC (DBA Two Step Social). Referrers and Referees will be identified in Cadenza Social, LLC’s (DBA Two Step Social) system by a custom coupon code that will be provided to the Referrer. The Referrer can share this custom coupon code with potential Referees, allowing Cadenza Social, LLC (DBA Two Step Social) to identify the proper Referrer. Suppose a new customer does not use a Referrer’s custom coupon code when signing up for Cadenza Social, LLC’s (DBA Two Step Social) services. In that case, no Referrer will be awarded affiliate fees for that customer. In other words, Referees must use a Referrer’s custom coupon code for the Referrer to receive an affiliate fee.

The monthly 20% affiliate fee will be paid to Referrers on a monthly basis via PayPal. Affiliate fees will not be paid via check, cash, or wire; PayPal is the only way to remit payment to Referrers. If a Referrer is unable to accept payment for affiliate fees via PayPal, then that Referrer will not be eligible for receiving affiliate fees. Cadenza Social, LLC (DBA Two Step Social) will not write checks or send physical cash as a part of this program.

No credits and/or discounts will be awarded to Referrers retrospectively. Cadenza Social, LLC (DBA Two Step Social) reserves the right to terminate this program at any time. If Cadenza Social, LLC (DBA Two Step Social) terminates this program, Referrers will no longer receive monthly affiliate fees from Referees using the service of Cadenza Social, LLC (DBA Two Step Social). All participating parties must agree to our Privacy Policy and Terms of Service.

 

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