ONE TWO SOCIAL, LLC | Terms of Service
Effective date: 13th of January, 2023.
ONE TWO SOCIAL, LLC, a limited liability company registered in the state of Florida (hereinafter “ONE TWO SOCIAL,” “we,” “us,” and “our”), operates and controls this website.
You, the user, Client, or customer, are granted access to and use of this website and all related information, tools, and services (collectively, “ONE TWO SOCIAL”), subject to your compliance with all terms, conditions, policies, and notices stated herein (the “Terms of Service”). Before using ONE TWO SOCIAL, please carefully read these terms of service.
You accept to be bound by these Terms of Service by accessing or using ONE TWO SOCIAL. ONE TWO SOCIAL may not be used by you if you do not accept all of its terms and conditions.
Acceptance is expressly set forth in these Terms of Service if these Terms of Service are considered an offer.
The Terms of Service also apply to any new features or tools that are added to our website. On this page, you can always review the most recent version of the terms of service. By publishing updates and/or changes to our website, we reserve the right to amend, modify, or replace any part of these Terms of Service. It is your responsibility to periodically check this page for updates. After any changes are posted, if you use or reaccess ONE TWO SOCIAL, it means you agree to those changes.
Our website is hosted on WordPress with e-commerce capabilities provided by Ecwid by Lightspeed. They provide us with an online e-commerce platform that allows us to sell our services to you.
SECTION 1 – ACCEPTANCE OF THE TERMS
You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use ONE TWO SOCIAL for any illegal or unauthorized purpose or, by using ONE TWO SOCIAL, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of these Terms of Service will result in an immediate termination of your use of ONE TWO SOCIAL, among other measures.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse the provision of ONE TWO SOCIAL to anyone for any reason at any time.
We reserve the right to at any time and for any reason deny anyone access to ONE TWO SOCIAL.
You acknowledge that your content (excluding credit card data) may be transmitted over a variety of networks and involve (a) transmissions; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Whenever credit card data is transferred over networks, it is always encrypted.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of ONE TWO SOCIAL, access or use ONE TWO SOCIAL or any contact on the website through which the service is provided, without express written permission by us.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.
SECTION 3 – MODIFICATIONS TO ONE TWO SOCIAL AND PRICES
ONE TWO SOCIAL will display our product and service prices, which are subject to change without prior notice. Any fees paid by our clients who are not consumers are not refundable. If you use ONE TWO SOCIAL as a consumer, you have the right to cancel a service contract within 14 days of the date it was signed, unless we have already started providing our services. For monthly engagements, you have the right to cancel a service contract within 14 days before the next billing date by submitting a written request via email to email@example.com. If you fail to make the request before this date, you will be charged automatically and our agreement will end. Contact us if you would like more details.
ONE TWO SOCIAL (or any portion or content thereof) may be changed or discontinued at any time without prior notice by us.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of ONE TWO SOCIAL.
SECTION 4 – PROVISION OF THE SERVICES
Some ONE TWO SOCIAL goods or services, collectively referred to as the “Services,” might only be accessible online. Examples include, but are not limited to, video ad creatives, branded ads, product and brand photography, and custom orders. There may be a quantity and availability cap on these services. We reserve the right, but are under no obligation, to restrict the sales of our Services to any individual, group of people, or area of the world. On a case-by-case basis, we may use this right. Any Services that we provide may have a quantity cap, which we reserve the right to impose. At any time without prior notice, we reserve the right to change any and all descriptions of the Services or their prices.
Any offer made on this website for any Service is void where prohibited.
ONE TWO SOCIAL may contain errors, and we make no guarantees as to their accuracy. We also make no guarantees as to the suitability of any Services, information, or other materials you purchase or obtain from us.
A separate service agreement signed by and between you, our Client (the “Client”), and us (collectively, the “Parties”) shall govern the ordering and delivery of the Services. The following terms shall apply to the Services, unless otherwise specified in the service agreement:
The provision of the services. An arrangement between you and us will determine the delivery dates for the services (usually, it takes around four weeks from the day we receive your product to deliver the Services). In the event of unforeseen circumstances or other uncontrollable circumstances, we reserve the right to modify or change the delivery timelines and provide you with notice. Your prompt communication with us regarding the various stages of service delivery will determine how quickly your order is delivered. If you fail to contact us as soon as possible, it may cause a delay in the delivery of the Services for which we are not liable.
the Services’ scope. You, our Client, must approve the Services’ scope in an email brief that is sent to us. The Client shall not have the right to ask for adjustments or modifications to the scope of the Services specified in the brief once it has been forwarded to post-production.
Revisions. The Parties shall agree on the number of revision rounds necessary to deliver the Services. Any modification to the content that has already been submitted to the Client as part of the Services is referred to as a “revision” (e.g., design and copy changes or tweaks). The term “revision” does not include our post-production errors (such as misspelled or omitted words), which will be referred to as “corrections.” The Client consents to send us a request to make any necessary corrections as soon as they are discovered without undue delay after they are discovered. The definition of the word “revision” is subject to change at any time, at our sole discretion. Each piece of content that is delivered to a client is eligible for one revision round. After the Client receives the content, the revision request must be made no later than 2 (two) weeks later. If the delivery of the Services is considered a “package,” the Client is required to submit all revision requests in one revision request. The revision may be requested in one of two ways: I before the Client tests the content that has been delivered; or (ii) after the Client has tested the content that has been delivered and has provided us with performance data. Any requests related to the change of the submitted content that is not subject to revision will be subjected to an additional service fee.
SECTION 5 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
Any order you place with us may be rejected by us at our discretion. We reserve the right to restrict or discontinue sales to one person, one household, or one order at our sole discretion. These limitations may apply to orders made using the same credit card, the same billing address, the same shipping address, or orders made by or under the same customer account. The email address, billing address, and/or phone number provided at the time the order was placed may be used to reach you in the event that we change or cancel an order. Orders that, in our sole discretion, appear to have been placed by dealers, resellers, or distributors may be restricted or altogether prohibited.
For all purchases made, you promise to supply information about your account and purchases that is up-to-date, accurate, and complete. In order for us to complete your transactions and get in touch with you as necessary, you agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates.
SECTION 6 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You understand and accept that we make these tools accessible “as is” and “as available” without any guarantees, assurances, or conditions of any kind. We also do not recommend or make any claims about these tools. We won’t be held responsible for anything related to or resulting from your use of optional third-party tools.
You use any optional tools provided by ONE TWO SOCIAL at your own risk and discretion, and you should be aware of and agree to the terms under which each tool is provided by the applicable third-party provider (s).
In the future, we might also provide new features or services (including, the release of new tools and resources). These Terms of Service will also apply to such new features and/or services.
SECTION 7 – THIRD-PARTY LINKS
ONE TWO SOCIAL may offer products, services, and content that contain content created by third parties. ONE TWO SOCIAL may contain links to external websites that are not under our control. We disclaim all liability and responsibility for any errors or omissions in the content or accuracy of any third-party materials or websites, as well as for any other third-party materials, goods, or services.
Any harm or damages resulting from the acquisition or use of products, services, resources, content, or any other transactions made in connection with any third-party websites are not our responsibility. Before you enter into any transaction, please carefully review the third party’s policies and practices to ensure that you are familiar with them. Any issues, claims, worries, or inquiries regarding products from third parties should be addressed to the third party.
SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You agree that if you send us unsolicited creative ideas, suggestions, plans, or other materials (collectively, “comments”), whether online, by email, by postal mail, or otherwise, whether at our request (for example contest entries), or without our request, we may use, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are not and never will be obligated to: (1) keep any comments private; (2) compensate for any comments; or (3) reply to any comments.
The content that we determine in our sole discretion to be illegal, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service, may be monitored, edited, or removed, but we are under no obligation to do so.
You acknowledge that you will not post anything that infringes on anyone else’s copyright, trademark, privacy, or other proprietary or personal rights. Furthermore, you agree that your comments won’t contain any defamatory, illegal, threatening, or otherwise objectionable material, nor will they contain any malware or computer viruses that might somehow impair ONE TWO SOCIAL’s functionality or that of any associated website. You may not impersonate another person, use a false email address, or in any other way mislead us or other people as to the source of any comments. You alone are accountable for the truthfulness of any remarks you make. Regarding any comments made by you or any third party, we disclaim all liability.
SECTION 9 – PERSONAL INFORMATION
SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS
There may from time to time be typographical errors, inaccuracies, or omissions in the content of ONE TWO SOCIAL. These may relate to product descriptions, pricing, promotions, offers, product shipping costs, transit times, and availability. If any information on ONE TWO SOCIAL or any affiliated website is inaccurate at any time without prior notice, we reserve the right to change or update that information or cancel orders. We also reserve the right to correct any errors, inaccuracies, or omissions (including after you have submitted your order).
Except as required by law, we make no commitment to update, amend, or clarify any information on ONE TWO SOCIAL or on any associated website, including without limitation pricing information. It should not be assumed that because there is no specific update or refresh date applied to ONE TWO SOCIAL or any related website, all of the information there has not been changed or updated.
SECTION 11 – PROHIBITED USES
You are forbidden from using ONE TWO SOCIAL in addition to other prohibitions outlined in the Terms of Service. Infringing upon or violating our intellectual property rights or the intellectual property rights of others includes: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, or f) to provide false or misleading information; g) to upload or transmit viruses or any other type of malicious code that will or may be used to interfere with or circumvent the proper working of ONE TWO SOCIAL or any associated website, other websites, or the Internet; h) to collect or track the personal information of others; i) to spam, phish, pharm, pretext, spider, crawl, or scrape; j) for any obscene or immoral purpose; or k) For violating any of the prohibited uses, we reserve the right to end your use of ONE TWO SOCIAL or any associated websites.
SECTION 12 – INDEMNIFICATION
You consent to defend, hold harmless, and indemnify us, including our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your violation of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 13 – SEVERABILITY
If any provision of these Terms of Service is found to be invalid, illegal, or otherwise unenforceable, it shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the invalid or unenforceable portion shall be deemed severed from these Terms of Service; the validity and enforceability of any other provisions shall not be affected.
SECTION 14 – TERMINATION
This Agreement may be immediately terminated if there is a breach of the terms by either Party.
If Client finds ONE TWO SOCIAL’s work unsatisfactory, ONE TWO SOCIAL shall be given the following amount of time for one revision to cure: 15 days. After this cure period, if Client still finds the work unsatisfactory, ONE TWO SOCIAL shall not be under any additional obligations. Client shall still be responsible for paying ONE TWO SOCIAL all due fees, and the Parties may then terminate this Agreement.
If the product sample does not arrive at the ONE TWO SOCIAL’s designated address for any reason, the ONE TWO SOCIAL shall not be held responsible, and the Client shall choose between resending the package to an alternative location or terminating the present agreement and receiving a 50% refund.
This agreement will also immediately terminate upon the death of the ONE TWO SOCIAL or Client, the inability of the ONE TWO SOCIAL to perform the services because of a sudden and medically documented physical or mental disability, the liquidation, dissolution, or discontinuance of the business of the Client or ONE TWO SOCIAL in any manner, or the filing of any petition by or against the Client or ONE TWO SOCIAL under federal or state bankruptcy or insolvency laws.
We understand that sometimes life happens, and you may need to pause work on your project. That is entirely acceptable if we are notified and made aware of your situation no less than two weeks in advance. If your project goes more than 30 days without any forward progress or significant activity from your end, and no prior arrangements have been made with us and agreed to, your project will be put on hold, and all associated files will be archived. Once your project has been archived, a $500.00 reactivation fee is required to restart your project, and your project will be scheduled into our current workflow where space is available.
If your project remains inactive for an additional 15 days past the 30-day dormancy period (45 days total) with no significant forward progress made, milestones reached, or prior arrangement in place, our engagement will expire, no refunds will be available, and you will forfeit all deliverables associated with this client agreement.
This Agreement may also be terminated by either Party in writing. Notice shall be given at least the following amount of time before termination: 2 weeks before the billing date.
Upon termination for any reason, all fees and reimbursements shall be paid and provided to the ONE TWO SOCIAL as they have accrued up to the date of termination.
Upon expiration or termination of this agreement, or at any other time upon the Client’s written request, ONE TWO SOCIAL shall promptly, after such expiration or termination:
– Deliver to the Client all work (whether complete or incomplete) and all hardware, software, tools, equipment, or other materials provided for ONE TWO SOCIAL’s use by the Client;
– Deliver to the Client all tangible documents and materials (and any copies) containing, reflecting, incorporating, or based on the Client’s confidential or proprietary information, as discussed further elsewhere in this Agreement;
– Permanently erase all of the confidential or proprietary information from any of the ONE TWO SOCIAL’s computer systems; and
– Certify in writing to the Client that ONE TWO SOCIAL has complied with the requirements of this clause.
SECTION 15 – FEES AND EXPENSES:
The Client must pay for the service in advance. If the hired service is a subscription, the second billing event will happen only after 30 days of receiving the product sample in ONE TWO SOCIAL’s designated address. The Client subscription will be automatically renewed on this date.
Client will be billed automatically on the same payment method through an invoicing system, monthly.
If the automatic payment method is not available, manual payment will be made within the following amount of time after receipt of the invoice: One week. For past due invoices, a late fee of the following will apply: 10% of the original invoice.
Client agrees to pay upfront or reimburse pre-approved expenses and costs as indicated on invoices. Such expenses and costs shall be accompanied by receipts and reasonable supporting documentation. The Parties will agree on the expenses prior to the expenses being incurred.
The Client shall receive any payment receipt within two working days after the payment is confirmed.
SECTION 16 – INTELLECTUAL PROPERTY:
All intellectual property contained within the Final Deliverables will become the intellectual property of Client, free and clear, as a work-made-for-hire. ONE TWO SOCIAL reserves the right to keep any and all open and editable materials or documents.
ONE TWO SOCIAL may be engaged or employed in any other business, trade, profession, or other activity which does not place ONE TWO SOCIAL in a conflict of interest with the Client.
SECTION 17 – NON-EXCLUSIVITY:
Client and ONE TWO SOCIAL hereby acknowledge and agree that nothing contained herein is to establish an exclusive relationship between the Parties. ONE TWO SOCIAL shall be free to continue working for and taking on new clients, without regard to Client. ONE TWO SOCIAL does not need Client approval for any such work. Client is also free to hire additional ONE TWO SOCIALs for any of Client’s work and does not need ONE TWO SOCIAL’s approval to do so.
SECTION 18 – CONFIDENTIAL OR PROPRIETARY INFORMATION:
ONE TWO SOCIAL hereby acknowledges and agrees that ONE TWO SOCIAL may receive confidential and/or proprietary information relating to Client’s business. Such information may include, but will not be limited to, client lists, client notes, specifications, project information, plans, and/or technological resources. The confidential and/or proprietary information is significantly important to the Client’s business, and it has been developed or obtained over time, with significant resources involved. ONE TWO SOCIAL understands and agrees that any unintended disclosure of any of the confidential and/or proprietary information would be significantly detrimental to the Client. As such, ONE TWO SOCIAL agrees that they shall:
I) Not disclose the confidential and/or proprietary information by any means not authorized by the Client to any third parties;
II) Not copy or duplicate the confidential and/or proprietary information unless specifically directed to do so by the Client;
III) Not disclose the confidential and/or proprietary information by any unauthorized means to any third parties for a period of at least one year following the termination of this agreement;
IV) Not use the confidential and/or proprietary information for any purpose except those expressly authorized by the Client;
V) Inform Client immediately if ONE TWO SOCIAL becomes aware of any unauthorized use or disclosure of confidential and/or proprietary information.
SECTION 19 – PORTFOLIO USE:
Notwithstanding the specific rights of intellectual property outlined by this Agreement, ONE TWO SOCIAL shall be permitted to use all work in ONE TWO SOCIAL’s professional portfolio after such work has been made public by the Client. The Client hereby authorizes ONE TWO SOCIAL to prepare, publish and distribute, for ONE TWO SOCIAL’s sales, marketing, and advertising purposes, one or more case studies describing any or all of the information in connection with the services the ONE TWO SOCIAL is providing, as long as the Confidentiality clause is respected. Nothing contained herein shall limit ONE TWO SOCIAL’s such right.
SECTION 20 – DISPUTE RESOLUTION:
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Florida. Each Party shall pay its own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims by ONE TWO SOCIAL will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
SECTION 21 – BENEFIT:
This Agreement shall be binding upon and shall inure to the benefit of each of the parties hereto and to their respective heirs, representatives, successors, and assigns.
SECTION 22 – COUNTERPARTS:
This Agreement may be executed in counterparts, all of which shall constitute a single agreement. The Agreement shall be effective as of the date set forth above.
SECTION 23 – NOTICES:
All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the Parties at the addresses set forth on the first page of this Agreement. All notices shall be delivered by email or at the address which the parties may designate to each other through personal delivery, nationally recognized overnight courier (with all fees prepaid), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only if (a) the receiving party has received the Notice and (b) the party giving the Notice has complied with the requirements of this Section.
SECTION 24 – FORCE MAJEURE:
ONE TWO SOCIAL is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
SECTION 25 – HEADINGS:
Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.
SECTION 26 – ENTIRE AGREEMENT
Any right or provision of these Terms of Service that we do not exercise or enforce in accordance with them does not constitute a waiver of those rights or provisions.
All prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us are superseded by these Terms of Service and any policies or operating guidelines posted by us on ONE TWO SOCIAL or in relation to ONE TWO SOCIAL, which together govern your use of ONE TWO SOCIAL (including, but not limited to, any prior versions of the Terms of Service).
Any interpretational ambiguities in these Terms of Service shall not be applied against the party who drafted them.
SECTION 27 – GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the internal laws of Florida without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county in any legal suit, action, or proceeding arising out of or based upon this Agreement or the work provided hereunder: Orange County.
SECTION 28 – CHANGES TO TERMS OF SERVICE
The most current edition of the Terms of Service is always available on this page for your review.
By publishing updates and changes on ONE TWO SOCIAL, we reserve the right to amend, modify, or replace any part of these Terms of Service at our sole discretion. It is your responsibility to frequently check our website for updates. Following the posting of any changes to these Terms of Service, your continued use or access to ONE TWO SOCIAL will be deemed your acceptance of those changes.
SECTION 29 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
ONE TWO SOCIAL, LLC.
924 N Magnolia Ave, Ste 202 Unit #5052.
Orlando, FL. 32803