Terms Of Service

Created by The Real Social Company, Modified on Thu, Sep 18 at 10:10 AM by The Real Social Company

The Real Social Company - Terms of Service

Effective Date: January 1, 2024
Last Updated: September 17, 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.

General Terms
Acceptance and Modifications
Services Overview
Payment Terms
Advertising Services
Social Media Services
Blogging Services
Email Management Services
Managed Hosting Services
Website Design Services
Billing and Cancellation
Content Standards and Restrictions
Intellectual Property
Client Responsibilities
Limitation of Liability
Indemnification
Privacy and Data Protection
Force Majeure
Dispute Resolution
General Provisions

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 website with an updated "Last Updated" date. Continued use of our services after changes constitutes acceptance of the modified Terms. We will provide thirty (30) days' notice for material changes.

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 https://www.therealsocialcompany.com/support 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.

4. Payment Terms

Payment Requirements:

Valid payment method required on file for all services
All invoices are due upon receipt unless otherwise specified
Late payments subject to fees and service suspension as outlined below

Accepted Payment Methods:

Credit cards (Visa, MasterCard, American Express, Discover)
ACH/Bank transfers (where available)
Other methods as specified in invoice

Currency: All payments are in U.S. Dollars.

5. Advertising Services

5.1 Service Commitment

We provide comprehensive advertising management using industry best practices to maximize your advertisement's potential. While we provide professional service and strategic implementation, we cannot and do not guarantee specific results, impressions, clicks, conversions, or return on investment.

5.2 Service Details

Contract Term: Minimum 6-month commitment (minimum of six advertisements over six months)
Full-Service Management: We create, publish, manage, and optimize your advertisements
Account Restrictions: If your advertising account becomes restricted by any platform, we cannot provide services for that platform until restrictions are resolved

5.3 Budget Requirements and Fees

Minimum Monthly Ad Spend:

Social Media Advertising: $300 per month
Google/Bing Advertising: $1,000 per month

Management Fee: 20% of monthly ad spend

Example: $500 monthly spend = $100 management fee
Management fees are non-refundable

5.4 Platform Limitations

Third-Party Platform Risks: We cannot guarantee advertisements will remain active. Platforms including but not limited to Facebook, Google, Instagram, and others frequently restrict or cancel advertisements, particularly in regulated industries such as healthcare and financial services.

Relaunch Policy: If an advertisement is canceled by a platform, we will attempt to relaunch using your remaining budget at no additional charge, subject to platform policies.

5.5 Supported Platforms

Digital Advertising:

Facebook and Instagram
Google Ads and Google Shopping
Microsoft Bing Ads
Pinterest Business
TikTok for Business
Snapchat Ads
Twitter Ads
Spotify Ad Studio
Waze Local
Reddit Advertising

Traditional Advertising:

Print media placement
Billboard and outdoor advertising
Direct mail campaigns

5.6 Performance and Reporting

Monthly performance reports provided
Analytics access through respective platforms
No guaranteed performance metrics or outcomes

6. Social Media Services

6.1 Platform Access and Security

You maintain full ownership and control of your social media accounts
We use scheduling software that requires posting permissions only
We do not require or request administrative access to your accounts
You are responsible for maintaining account security

6.2 Content Management Process

Weekly Content Loading:

Posts loaded into social media calendar weekly
Notification sent for your approval of each post
Options: Approve for automatic scheduling OR request changes
Important: Unapproved posts will not publish

Response Times:

Content changes: 48 hours
Custom posts or event content: 48-hour advance notice required
Emergency requests: Additional fees may apply

Additional Services:

Additional calendar users: $15 per user per month
Analytics reporting: Available on-demand
Inbox management: Respond to messages, comments, and reviews through platform

6.3 Account Setup

Visit: https://social.therealsocialcompany.com/login
Create account with your name, email, and password
Connect your social media accounts through the platform
Complete onboarding process

6.4 Content Compliance and Platform Issues

Flagged Content: If any platform flags your content:

Work directly with the platform to understand the issue
File appeals through the appropriate platform
Notify us immediately of any restrictions or issues
We post content within platform guidelines; flagged content is typically due to automated system errors

Platform Responsibility: We are not responsible for:

Platform downtime or technical issues
Changes to platform algorithms or policies
Account restrictions imposed by platforms
Loss of followers or engagement due to platform changes

6.5 Best Practices and Expectations

Client Contributions for Success:

Provide high-quality images and videos
Share personal insights and business updates
Actively engage with your audience
Review analytics and provide feedback
Integrate social media with other marketing efforts

Realistic Expectations: Social media builds brand awareness and engagement but does not automatically generate immediate sales or bookings. Success requires consistent effort, quality content, and strategic calls-to-action directing followers to your website or offers.

7. Blogging Services

7.1 Service Details

Output: Four blog posts per month minimum
Content Focus: Based on your services, products, and industry
Publishing Options:
- Automatic posting to your website
- Draft creation for your review and approval
Custom Content: We welcome specific article requests and blog ideas
SEO Integration: Automatically included with SEO service packages

7.2 Content Creation Process

Topics developed based on your business and industry trends
Original content creation (no plagiarism or duplicate content)
SEO optimization included
Client review and approval process available

8. Email Management Services

8.1 Service Options

Frequency Options:

On-demand email creation
Weekly email campaigns
Monthly newsletters
Event-based campaigns

Content Sources:

Your provided content and materials
Event announcements and promotions
Service-based designs and templates
Industry-relevant content

8.2 Approval and Sending Process

All emails sent to you for testing and approval before scheduling
Auto-send option available upon written request
Campaign performance reporting available

8.3 Platform Requirements

You must provide access to your email marketing platform. We work with:

Constant Contact
Brevo (formerly Sendinblue)
Mailchimp
Campaign Monitor
Other platforms upon request and compatibility review

9. Managed Hosting Services

9.1 What is Managed Hosting?

Managed hosting means we handle all technical aspects of your website server, including:

Server Maintenance: Regular updates, patches, and monitoring
Security Management: Threat protection, malware scanning, and security measures
Backup and Recovery: Automated daily backups and disaster recovery
Performance Optimization: Resource management for optimal speed and reliability
Technical Support: Expert assistance for all technical issues

9.2 Why We Don't Offer cPanel

Traditional cPanel hosting involves thousands of accounts on single servers, resulting in:

Slower performance and loading times
Lower search engine optimization scores
Higher vulnerability to security attacks
Limited technical support

9.3 Our Optimized Solution

High-performance, dedicated server resources
Faster response times and loading speeds
Enhanced security protocols
Professional backend management
Support through our ticket system

9.4 Features Included

Performance Features:
- Content Delivery Network (CDN)
- Advanced caching optimization
- Database optimization
- Performance monitoring
Security Features:
- End-to-end encryption
- SSL certificate management
- Malware scanning and removal
- Firewall protection
Support Features:
- 24/7 technical monitoring
- Expert technical support
- Emergency response for critical issues

9.5 Service Level Agreement

Uptime Guarantee: 99.5% uptime (excluding scheduled maintenance)
Scheduled Maintenance: Performed during off-peak hours with advance notice
Support Response: Technical issues addressed within 24 hours during business days
Emergency Response: Critical issues addressed within 4 hours

9.6 Website Maintenance Included

Monthly Updates:Up to 10 updates per month including:
- Image replacements and additions
- Blog post publication
- Text content changes
- Content additions to existing pages
Admin Access: Full administrative access to your website
Content Ownership: All designs and content become your property
Original Content: No copied content or stock images without proper licensing

9.7 Maintenance Limitations

Not Included:

Complete website redesigns
New page creation or landing pages
Major functionality changes or additions
Custom development work
Third-party plugin installations requiring new licenses

9.8 Free Migration Services

We provide FREE website migration from:

Wix
Squarespace
Shopify
GoDaddy
WordPress.com
Other hosting providers (compatibility review required)

9.9 Backup Policy

Automated Backups: Daily automated backups retained for 30 days
Backup Access: Active clients can request one free backup copy per month
Overdue Account Fee: $75 fee for backup provision to clients with overdue invoices
Data Loss: We are not responsible for data loss due to non-payment of services

10. Website Design Services

10.1 Three-Pass Design System

Pass 1:

Website created based on your examples, requirements, and SEO best practices
First draft delivered for your review
Submit ALL requested changes in a single Word document

Pass 2:

Your requested changes implemented
Updated site delivered for review
Submit any additional changes in Word document format

Pass 3:

Final changes implemented
Completed website delivered
After Pass 3: Additional changes billed at hourly rates ($75/hour)

10.2 Design Process Requirements

Client Responsibilities:

Provide all content, images, and materials within 30 days of project start
Provide clear, written feedback and change requests
Review and approve each design pass within 10 business days
Provide final approval in writing

Timeline: Standard website completion is 4-8 weeks from receipt of all materials, depending on complexity.

10.3 Post-Launch Policy

Once the website is delivered and final approval is given:

All initial development work is considered complete
Ongoing changes fall under maintenance service or hourly billing
No warranty on design elements or functionality
Client responsible for content updates beyond maintenance package

10.4 Website Ownership and Files

All custom designs and code become your property upon final payment
Source files provided upon request after full payment
No use of copyrighted materials without proper licensing
Client responsible for ongoing domain and hosting renewal

11. Billing and Cancellation

11.1 Service Cancellation

Notice Requirements:

30-day written notice required for all service cancellations
Notice must be submitted through our helpdesk system
Cancellation effective at the end of current billing period

Immediate Cancellation:

Services terminate immediately if canceled before current billing period ends
No refunds or credits for unused portions of billing period
Pro-rated credits may be offered at company discretion based on circumstances

11.2 Overdue Invoice Policy

2 Days Overdue:

$15 late fee automatically applied to account
Email notification sent

10 Days Overdue:

All services suspended immediately
No access to websites, hosting, or management platforms
Additional $25 reactivation fee required

30 Days Overdue:

All service-related materials permanently deleted
Websites, content, backups, and data destroyed
Account closed permanently

11.3 Website-Specific Payment Terms

10 Days Non-Payment:

Website services suspended (site offline)
Email and hosting services suspended

30 Days Non-Payment:

Website and all associated data permanently deleted
No recovery possible after deletion

Restoration Policy:

$75 restoration fee for suspended websites (available for 30 days only)
After 30 days, websites cannot be restored under any circumstances
Data recovery services not available after permanent deletion

Note: if your website has been shut off due to non-payment you have 30 days to request the content and database which will be supplied in ZIP file format via DROPBOX or ONEDRIVE for you to download and transfer. These files will remain available for an additional 15 days. If you have not downloaded your content by that time it is deleted and we have no means of recovery.

11.4 Refund Policy

General Policy: No refunds for unused services or portions of billing periods

24-Hour Exception: Full refund available within 24 hours of purchase IF:

No content has been created or published
No development work has commenced
No third-party advertising spend has occurred

Service Termination: Upon cancellation, all services (posting, website, email, hosting) stop immediately regardless of remaining time in billing period.

11.5 Special Pricing Policy

If you discontinue service while receiving discounted pricing and later return to our services, you will be billed at current standard rates, not your previous discounted rate. Promotional pricing is not guaranteed for returning clients.

11.6 SEO Service Cancellation

Upon SEO Service Cancellation:

All premium SEO plugins and tools removed from website
Basic free SEO plugin installed as replacement
Current search engine rankings typically maintained for approximately 30 days
Expect gradual ranking decreases without ongoing SEO maintenance
No guarantee of ranking retention after service termination

12. Content Standards and Restrictions

12.1 Prohibited Content

You agree not to provide or request content that:

Violates any federal, state, or local laws or regulations
Infringes on intellectual property rights of third parties
Contains false, misleading, or deceptive information
Promotes illegal activities or substances
Contains hate speech, discriminatory language, or harassment
Includes adult content, pornography, or sexually explicit material
Violates platform-specific community guidelines or terms of service
Contains malware, viruses, or harmful code
Promotes violence or dangerous activities
Violates medical or legal advertising regulations

12.2 Content Review and Removal

We reserve the right to review all content before publication
We may refuse to publish content that violates these standards
We may remove published content that violates platform policies
Client responsible for ensuring content compliance with all applicable laws

12.3 Platform Compliance

All content must comply with respective platform terms of service
Client responsible for understanding platform-specific restrictions
We are not responsible for content restrictions imposed by third-party platforms

13. Intellectual Property

13.1 Client Content

You retain ownership of all content, images, and materials you provide
You grant us a non-exclusive license to use your content for providing services
You warrant that you own or have permission to use all provided materials
You are responsible for obtaining necessary licenses for any third-party content

13.2 Our Work Product

Custom Designs and Development:

All custom website designs, graphics, and code become your property upon full payment
Templates and frameworks may be retained for future use with other clients
Source files provided upon request after final payment

Content and Copy:

Original written content created for your business becomes your property
Templates and standard content formats may be reused for other clients
Blog posts and articles created specifically for your business are your property

13.3 Third-Party Materials

Stock photos, images, and graphics are licensed for your specific use
You may not redistribute or resell licensed materials
Additional licensing fees may apply for extended use rights

13.4 Trademark and Branding

We do not claim ownership of your business name, logos, or trademarks
You grant permission to use your branding in connection with providing services
We may use your business as a reference or in our portfolio unless otherwise requested

14. Client Responsibilities

14.1 Content and Materials

Provide all necessary content, images, and materials in a timely manner
Ensure all provided content is original or properly licensed
Provide accurate and up-to-date business information
Review and approve all content before publication

14.2 Account Access and Security

Provide necessary access to platforms, websites, and accounts
Maintain security of your accounts and passwords
Notify us immediately of any security breaches or unauthorized access
Keep contact information current and check communications regularly

14.3 Platform Compliance

Comply with all platform terms of service and community guidelines
Respond to platform inquiries and restrictions promptly
Maintain good standing with all connected platforms and accounts

14.4 Payment Obligations

Maintain current payment information on file
Pay all invoices promptly according to terms
Notify us of any payment or billing issues immediately

14.5 Communication

Check and respond to communications through our helpdesk system
Provide clear, written instructions and feedback
Notify us of any changes to business operations that may affect services

15. Limitation of Liability

15.1 Liability Cap

MAXIMUM LIABILITY: Our total liability for any claims arising under these Terms or related to our services shall not exceed the total amount paid by you for services in the twelve (12) months immediately preceding the claim.

15.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, business opportunities, or data
Business interruption or loss of business goodwill
Cost of substitute services or products
Damages resulting from third-party actions or platform changes
Loss or corruption of data, files, or content

15.3 Service Disclaimers

NO WARRANTIES: Our services are provided "AS IS" without warranties of any kind, express or implied, including but not limited to:

Warranties of merchantability or fitness for a particular purpose
Guarantees of specific results, rankings, or performance
Warranties of uninterrupted or error-free service
Warranties regarding third-party platform compatibility or compliance

15.4 Third-Party Platform Disclaimer

We are not responsible for:

Actions, changes, or restrictions imposed by third-party platforms
Platform downtime, technical issues, or policy changes
Loss of followers, engagement, or account restrictions
Algorithm changes affecting content performance

15.5 Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or pandemic-related restrictions.

16. Indemnification

16.1 Client Indemnification

You agree to indemnify, defend, and hold harmless The Real Social Company, its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

Your use of our services
Content you provide or we create on your behalf
Your violation of these Terms or any applicable law
Your violation of any third-party rights, including intellectual property rights
Your business operations or activities
Claims of copyright, trademark, or other intellectual property infringement
Violations of platform terms of service or community guidelines

16.2 Our Indemnification

We agree to indemnify you against third-party claims that our original work product directly infringes a U.S. copyright or trademark, provided that:

You notify us promptly of any such claim
You give us sole control of the defense and settlement
You provide reasonable cooperation in the defense
Our total liability shall not exceed the amount paid for the specific work product in question

17. Privacy and Data Protection

17.1 Data Collection and Use

We collect and use personal information only as necessary to provide services
We do not sell or share personal information with third parties for marketing purposes
We may share information with service providers necessary for service delivery
Full privacy policy available at https://www.therealsocialcompany.com/privacy

17.2 Data Security

We implement reasonable security measures to protect your information
We cannot guarantee absolute security of data transmission or storage
You are responsible for maintaining security of your accounts and passwords

17.3 Data Retention

We retain client data only as long as necessary to provide services
Upon service termination, data may be retained for legal and business purposes
Specific data deletion available upon written request, subject to legal requirements

17.4 International Data Transfers

Services are provided from the United States
By using our services, you consent to data processing in the United States
We comply with applicable privacy laws including CCPA where applicable

18. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms that is due to circumstances beyond the reasonable control of such party, including but not limited to:

Acts of God, natural disasters, severe weather
War, terrorism, civil unrest, or government actions
Labor disputes, strikes, or work stoppages
Pandemic, epidemic, or public health emergencies
Internet outages, cyber attacks, or technology failures
Third-party platform outages or policy changes
Supplier failures or material shortages

Notice and Mitigation: The affected party must promptly notify the other party and use reasonable efforts to mitigate the effects of such circumstances.

19. Dispute Resolution

19.1 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Ohio, and the parties consent to the jurisdiction and venue of such courts.

19.2 Informal Resolution

Before filing any formal legal proceeding, the parties agree to attempt to resolve disputes through good faith negotiations. Either party may initiate this process by providing written notice of the dispute to the other party.

19.3 Limitation of Actions

Any action or proceeding arising out of or related to these Terms must be commenced within one (1) year after the cause of action arose, or such action shall be forever barred.

19.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

20. General Provisions

20.1 Entire Agreement

These Terms constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, whether written or oral, relating to the subject matter hereof.

20.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

20.3 Waiver

No waiver of any provision of these Terms shall be deemed or shall constitute a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.

20.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction.

20.5 Survival

Provisions that by their nature should survive termination of these Terms shall survive, including but not limited to payment obligations, limitation of liability, indemnification, and dispute resolution provisions.

20.6 Electronic Communications

You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

20.7 Compliance with Laws

Both parties shall comply with all applicable federal, state, and local laws and regulations in the performance of their obligations under these Terms.

20.8 Ohio Consumer Protection

Nothing in these Terms is intended to waive any rights you may have under Ohio consumer protection laws that cannot be waived by agreement.

Contact Information

For questions about these Terms or to request service modifications, please contact The Real Social Company:

Support Portal: https://therealsocialcompany.freshdesk.com/support/home
Email: info@therealsocialcompany.com
Phone: (614) 602-6930 (Premium service level clients only)
Website: https://www.therealsocialcompany.com
Address: 243 Northridge Road, Columbus, Ohio 43214 (mail service only)

Business Hours: Monday - Friday, 9:00 AM - 5:00 PM EST

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.