Terms Of Service

Created by The Real Social Company, Modified on Mon, Dec 1 at 12:00 PM by The Real Social Company

THE REAL SOCIAL COMPANY – TERMS OF SERVICE

Effective Date: January 1, 2002
Last Updated: December 1, 2025


IMPORTANT NOTICE

BY PAYING YOUR INVOICE, ACCESSING OUR SERVICES, OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. THESE SERVICES ARE THE CURRENT; SOME OLDER INVOICES CONTAIN OLDER TERMS. IT IS YOUR RESPONSIBILITY TO STAY UP TO DATE. WE NOTIFY THIS BY EMAIL MONTHLY.


Table of Contents

  1. General Terms

  2. Acceptance and Modifications

  3. Services Overview

  4. Payment Terms

  5. Advertising Services

  6. Social Media Services

  7. Blogging Services

  8. Email Management Services

  9. Managed Hosting Services

  10. Website Design Services

  11. Billing and Cancellation

  12. Content Standards and Restrictions

  13. Intellectual Property

  14. Client Responsibilities

  15. Limitation of Liability

  16. Indemnification

  17. Privacy and Data Protection

  18. Force Majeure

  19. Dispute Resolution

  20. ADA Compliance

  21. AI-Generated Content Disclaimer

  22. Third-Party Tools, Licenses & Platform Liability

  23. Client Delays & Timeline Extensions

  24. Performance Disclaimers for SEO, Social Media & Marketing

  25. Confidentiality & Non-Disclosure

  26. Non-Solicitation

  27. Chargeback & Payment Dispute Policy

  28. General Provisions

  29. Contact Information


1. General Terms

Company Information:
The Real Social Company
243 Northridge Road
Columbus, Ohio 43214
(614) 602-6930 | info@therealsocialcompany.com
https://www.therealsocialcompany.com


These Terms of Service ("Terms") constitute a legally binding agreement between The Real Social Company ("Company," "we," "us," or "our") and you ("Client," "you," or "your") regarding your use of our services.


Governing Law: These Terms are governed by the laws of the State of Ohio without regard to conflict of law principles.


Jurisdiction and Venue: Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of Ohio, and the parties hereby consent to the jurisdiction and venue of such courts.


2. Acceptance and Modifications

Acceptance: By paying an invoice, accessing our services, or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms.


Modifications: We reserve the right to modify these Terms at any time. Changes will be posted on our HELPDESK with an updated "Last Updated" date. 


Continued use of our services after changes constitutes acceptance of the modified Terms. 


Agreement Hierarchy: These Terms supersede any previous agreements, proposals, or understandings between the parties.


3. Services Overview

We provide the following services:

  • Website design and development

  • Managed hosting services

  • Social media management and content creation

  • Digital advertising management

  • Search engine optimization (SEO)

  • Blogging and content creation

  • Email marketing management


Communication: All official communication must be conducted through our helpdesk system at HELPDESK unless you have purchased our premium service level that includes phone support. 


Email communications may be delayed or lost and are not considered official correspondence.

Unused monthly services (blogs, emails, social posts, revisions, etc.) do not roll over.


4. Payment Terms

Payment Requirements:

  • Valid payment method required on file.

  • All invoices are due upon receipt

  • Late payments are subject to fees

Accepted Payment Methods:

  • Credit cards

  • ACH transfers

  • Other methods specified in the invoice


Currency: USD


Billing runs regardless of client delays.


5. Advertising Services

5.1 Service Commitment
We provide comprehensive advertising management using industry best practices to maximize your advertisement's potential. We do not guarantee specific results, impressions, clicks, conversions, or ROI.


5.2 Service Details
6-month minimum, creation, optimization, relaunch attempts if canceled by platform.


5.3 Budget & Fees
Minimum ad spends apply. Management fee is 20% of monthly ad spend and is non-refundable.


5.4 Platform Limitations
We are not responsible for platform restrictions, disapprovals, account shutdowns, or algorithm changes.


5.5 Supported Platforms
All major digital advertising systems plus traditional advertising options.


5.6 Performance & Reporting
Monthly reporting provided, but no performance guarantees. 


5.7 We cannot in any way guarantee ad results.


6. Social Media Services

You retain full ownership of your accounts. 

We use scheduling software only, we do not post from social platform apps.


Weekly Content Loading:

  • Posts loaded into the calendar weekly, typically on Monday.

  • If you have post approval turned on you will receive an email notification of new posts.

  • You must approve or request changes 48 hours before hand.

  • Unapproved posts do not publish


Response Times:
48 hours for changes; post requests, etc, emergencies may incur $25 fee.


Additional Services:
Additional users $15 per month.


Compliance:
You must resolve account restrictions directly with platforms. We are not responsible for platform downtime, removed content, or algorithm-related performance changes.


Each post includes up to two revisions.


7. Blogging Services

Four blogs per month unless otherwise specified.

SEO-ready content.
Client review is optional.
Unused blogs do not roll over.
One revision per blog included.


8. Email Management Services

Includes newsletters, campaigns, automation setups, and event emails.

Client must approve all emails before sending unless auto-send is authorized.


One revision per email included.

Client must provide access to platforms such as Mailchimp, Brevo, etc.


Communication must occur through the helpdesk unless you have premium phone support.


9. Managed Hosting Services

Managed hosting includes:

  • Security

  • Backups

  • Optimization

  • SSL

  • Monitoring

  • Support

We do not use cPanel due to performance and security concerns.


Features included: CDN, caching, database optimization, malware scanning, firewall protection.

SLA: 99.5% uptime (excluding scheduled maintenance).

Monthly updates include up to 10 changes to the frontend. These do not rollover.


Not included: redesigns, new pages, major functionality changes, plugin licenses, coding modifications.


FREE migration of your WordPress website from major platforms to our WordPress server upon request.


Backup Policy: Daily bakcups with 30 days rolling retention. 


Overdue accounts incur $75 fee for backup release.


We are not liable for breaches caused by client passwords, outdated third-party plugins, or client-provided files.


10. Website Design Services

Three-pass system:

Pass 1 → Build
Pass 2 → Client revisions
Pass 3 → Final changes

After Pass 3, revisions are billed hourly.

Client must provide all materials within 30 days.


Final approval triggers search launch submission, but does not affect billing cycles. This means your free hosting ends at 30 days even if the website is not completed.


Post-launch changes fall under maintenance or hourly billing.


Ownership:
Client owns final website content and design upon payment.
Client does not own proprietary scripts, server configurations, internal tools, or premium licenses.

Client delays over 10 business days may pause the project; restart fees may apply.


11. Billing and Cancellation

30-day written notice required for cancellations.


Cancellation without notice results in immediate service termination and admin privledges revoked.


Service suspensions and deletion schedule:
2 days overdue → $15 late fee
5 days → Services suspended + $25 reinstatement fee
10 days → Permanent deletion $75 restore fee if possible to bring site back.


No refunds for unused billing periods.
Discounted rate clients are never eligible for refunds.

SEO cancellation results in plugin removal and ranking decline over time.


12. Content Standards and Restrictions

You may not request or provide content that:

  • Violates laws

  • Violates intellectual property

  • Contains hate speech

  • Promotes illegal acts

  • Contains medical/legal claims

  • Includes adult content

  • Violates platform rules

  • Contains malware or harmful code

We reserve the right to refuse or remove content.


13. Intellectual Property

Client owns all materials they provide.


The Company owns:

  • Templates

  • Frameworks

  • Proprietary tools

  • Licensed content

We retain the right to showcase completed work in our portfolio unless requested otherwise.


14. Client Responsibilities

Provide content, images, logins, and approvals promptly.

Maintain accurate business information.

Maintain account security.

Review all work before publication.

Client is responsible for the legality of all content.


15. Limitation of Liability

Maximum liability is the amount paid in the preceding 12 months.

We are not liable for:

  • Lost profits

  • Data loss

  • Security breaches caused by client

  • Platform changes

  • Algorithm issues

  • Business interruption

  • Third-party failures


16. Indemnification

Client agrees to indemnify the Company for:

  • Violations of these Terms

  • Illegal content

  • Platform violations

  • Intellectual property claims

  • Misuse of services


17. Privacy and Data Protection

We collect only the data required to perform our services.

We do not sell client data.

Client is responsible for securing their own accounts.

Data may be retained for legal reasons.

Services operate from the United States.


18. Force Majeure

Neither party is liable for events beyond reasonable control, including:

  • Natural disasters

  • War

  • Pandemics

  • Government actions

  • Internet outages

  • Cyberattacks

  • Platform outages


19. Dispute Resolution

Ohio law governs these Terms.

All legal disputes must be filed in Ohio courts.

Informal negotiation must be attempted first.

Class action waivers apply.

1-year limit for legal claims.


20. ADA Compliance

Websites use basic accessibility best practices but are not guaranteed to meet full ADA or WCAG compliance.

An optional third-party ADA plugin may be installed for a $250 fee that provides scanning and accessibility tools.

This plugin does not guarantee legal compliance.

Client is responsible for ensuring their documents, PDFs, videos, and ongoing content remain accessible.


21. AI-Generated Content Disclaimer

We may use AI tools to generate drafts, ideas, or content.

AI may produce:

  • Inaccuracies

  • Outdated information

  • Fabricated statements

  • Unintended tone or phrasing

Client must fully review AI-generated content before approval.
Once approved, the Company is not liable for any inaccuracies.


22. Third-Party Tools, Licenses & Platform Liability

Services rely on third-party software for:

  • SEO

  • Scheduling

  • ADA scanning

  • Email marketing

  • Hosting

  • Analytics

We are not responsible for:

  • Outages

  • API changes

  • Bugs

  • Feature removal

  • Price increases

  • Account lockouts

Client is responsible for licensing costs unless otherwise stated.


23. Client Delays & Timeline Extensions

Failure to provide content, feedback, logins, or approvals may pause work.

Billing continues during pauses.

Deadlines automatically extend without penalty to the Company.

Restart or reactivation fees may apply.


24. Performance Disclaimers for SEO, Social Media & Marketing

The Company makes no guarantees regarding:

  • Search engine rankings

  • Revenue or lead increases

  • Sales or conversions

  • Social media engagement

  • Advertising performance

Performance depends on many external factors beyond our control.


25. Confidentiality & Non-Disclosure

Both parties agree to keep all confidential information private and secure.

This obligation survives termination of services.


26. Non-Solicitation

For 24 months after termination, Client agrees not to:

  • Hire Company employees

  • Hire Company subcontractors

  • Circumvent Company to work directly with our contractors

  • Encourage employees or contractors to leave the Company


27. Chargeback & Payment Dispute Policy

Filing a chargeback results in:

  • Immediate termination of all services

  • Forfeiture of all website files and backups

  • Possible legal or collections action

Clients must contact the Company to resolve billing disputes.


28. General Provisions

These Terms constitute the entire agreement.

Invalid provisions do not affect the remainder.

Electronic communication satisfies written notice requirements.

Assignment requires Company approval.

Certain sections survive termination, including payment, confidentiality, non-solicitation, and liability clauses.


29. Contact Information

The Real Social Company
243 Northridge Road
Columbus, Ohio 43214
info@therealsocialcompany.com
(614) 602-6930
https://www.therealssocialcompany.com

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