Terms & Conditions

The following terms and conditions of service (the “Terms of Service”) govern Your use of suite.social (the “Site”) and any services made available to You by Social Suite, Inc. (“Social Suite,” “We”, “Us” and “Our”) on or through the Site (the “Services”). For purposes of the Terms of Service, “You” means the person using the Site or the Services or, if You are using the Site or Services on behalf of Your company (or another entity), then “You” means Your company (or such other entity) and its officers, members, agents, successors and assigns.

A. Scope

PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE OR THE SERVICES. YOUR USE OF THE SITE OR THE SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE, DO NOT USE THE SITE OR THE SERVICES. IF YOU ORDER ANY SERVICE PROVIDED BY SOCIAL SUITE THROUGH THE SITE, THEN ACCEPTANCE BY SOCIAL SUITE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO THE TERMS OF SERVICE.

Social Suite is always looking for ways to improve the Site and the Services and, as a result, may amend the Terms of Service at any time by posting an amended Terms of Service on the Site. Any amended Terms of Service shall automatically be effective on the date that it is initially posted on the Site. By using the Site or the Services, You agree to be bound by the current form of the Terms of Service. It is Your responsibility to return to the Terms of Service from time to time to review the most current Terms of Service. Social Suite does not and will not assume any obligation to notify You of changes to the Terms of Service. The current Terms of Service will supersede any prior communications or agreement with respect to the Site or the Services, unless such agreement expressly states that it is not superseded by the Terms of Service.

B. Services and Accounts

Users of the Site, who simply browse the Site (“Guests”), may be able to view information about our Services, request information, submit comments and inquire about opportunities for employment or other business transactions (collectively, “Guest Services”). Other users of the Site, who register an Account (as defined below) with Us (“Members”), may be able to engage in these same activities, as well as other Services, including accessing and using our Social Add-ons or apps, requesting technical support for those Add-ons or apps and participating in blogs and forums that we provide for Members (the “Member Services”). Guests and Members may be collectively referred to herein as “Users.”

To become a Member and receive Member Services You must create an account on the Site (an “Account”) by submitting certain requested information, which may include but not limited to your individual and/or company name, email address, telephone number, physical address, and other payment information.

The following additional terms and conditions apply to the creation, maintenance and use of Accounts:

  1. You must be minimum age of 18 years or older to use the Member Services. If You are less than 18 years of age, you cannot use the Member Services without the consent of Your parent or guardian, who agrees, on Your behalf, that You will comply with the Terms of Service.
  2. You must accept and allow any permissions required by Facebook or Twitter to use the Member Services.
  3. Your Account may only be used by You or Your employees or agents authorized to act on Your behalf.
  4. You are responsible for maintaining the security of your Facebook and Twitter account and password. Social Suite cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. You are responsible for all Content posted and activity that occurs under your Account (even when Content is posted by others who have accounts under your Account).
  6. One person or legal entity may not maintain more than one free Account.
  7. You agree to provide complete and accurate information to create Your Account and to keep Your Account information up-to-date.
  8. You agree not to access anyone else’s Account without that person’s permission.
  9. You agree that any hardware and software required to use the Site or the Services is Your responsibility.
  10. If Your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Social Suite) of other Social Suite customers, We reserve the right to immediately disable or impose restrictions upon your Account until You reduce your bandwidth consumption.

Users, who create or administer a Social Media Account on the Site for another person or entity, agree to abide by all of the terms and conditions provided above and represent that they are properly authorized to represent the person or entity for which the User created or administered an Account.

Social Suite reserves the right, for any reason, in its sole discretion, to terminate, change (including, without limitation, modifying, adding or deleting), upgrade, suspend or discontinue any aspect of the Site or the Services, including, but not limited to, the Member Services, prices, content, features, hours of availability or equipment required for access. We may also impose limits on certain features of the Site or Services, or restrict Your access to part or all of the Site or Services without notice to You or penalty to Us.

C. Payment Terms for Member Services

Subject to the terms and conditions of the Terms of Service, Social Suite will provide the Member Services to Members in accordance with its then-current pricing and other policies and procedures, as set forth on the Site or otherwise provided to Members from time to time. For Member Services offered on a payment or subscription basis, the following terms apply unless We notify You otherwise in any payment terms on the Site or otherwise in writing:

  1. You must pay with one of the following: (a) a valid and verifed PayPal account in your own name or business; (b) a valid bank account in your own name or business; or (c) by another payment option We provide to You in writing.
  2. If You initially sign up for a Social Suite account via PayPal, and You don’t cancel that account after your subscription period has ended, you will automatically be billed after your subscription was initially created. If you cancel prior to the processing of your first payment, you will not be charged.
  3. The Member Services are billed in advance on a weekly/monthly basis and the amount billed is non-refundable. There will be no refunds for partial weeks/months of service, or for weeks/months unused with an open account.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
  5. Additional ordering, payment, cancellation or renewal terms may be provided to You on the Site or in communications or notices from Us, and the Terms of Services incorporate such terms by reference.

D. Cancellation and Termination

You acknowledge and agree that You are solely responsible for the properly cancelling your account. All of your Content may be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. Thereafter you will be responsible for any Content previously published via the app.

E. User Information and Privacy

In the course of Your use of the Site or the Services, We may collect and You may be asked to provide certain personally identifiable information and other confidential or sensitive information, as well as other non-personally identifiable information, relating to You and third parties (such information is referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site’s Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that You are solely responsible for the accuracy and content of all User Information You submit and agree to be bound by the Privacy Policy, subject to change in accordance with its terms. Without limiting the foregoing, You agree (a) to Us maintaining Your data according to the Privacy Policy, as part of the Services; and (b) that We may aggregate non-personally identifiable User Information which You enter or upload with that of other Users of the Services, as well as analyze, disclose and use such information as set forth in the Privacy Policy. By way of example, this means that We may use that aggregated data to improve Services, offer new Services, design promotions or provide ways for You to compare business practices with other Users, and provide the information to third parties for similar and other purposes.

Although We will take reasonable security precautions regarding User Information and other information stored on the Site, due to the open nature of the Internet, We cannot guarantee that any information stored on our servers, or transmitted to or from a User, will be free from unauthorized access, and We disclaim any and all liability for any theft or loss of, unauthorized access or damage to, or interception of any User Information or other information, data or communications. WITHOUT LIMITING THE FOREGOING, SOCIAL SUITE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ITS ABILITY TO GUARD AGAINST THE LOSS OF USER INFORMATION. ACCORDINGLY, YOU AGREE TO KEEP BACK-UP COPIES OF ALL USER INFORMATION STORED ON OR THROUGH THE SITE OR THE SERVICES. By using the Site, You acknowledge that You understand and agree to assume these obligations and risks.

F. Proprietary Rights

The Site, all the content (including, for example, audio, photographs, illustrations, graphics, video and software), code, data, works of authorship and materials thereon, the look and feel, design and organization of the Site, and the compilation of the material on the Site (collectively, the “Content”) are protected by U.S. and international copyright, trademark and other laws. Social Suite and its licensors own, solely and exclusively, all rights, title and interest in and to the Site, the Content, including, but not limited to, all intellectual property and proprietary rights therein. Your use of the Site and/or the Content does not grant to You any ownership of any Content You may access on the Site.

The trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on the Site or in connection with the Content made available through the Site are registered and unregistered Trademarks of Social Suite and its licensors and may not be used except with written permission of the respective Trademark owner. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Social Suite or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site or on or through any of the Services is strictly prohibited.

Notwithstanding anything in the Terms of Service to the contrary, in the event that You submit to Social Suite any ideas, creative suggestions, photographs, information, advertisements or proposals, including ideas for new or improved products, services, features, technologies or promotions, You expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Social Suite without any compensation or credit to You whatsoever. Social Suite and its affiliates shall have no obligations with respect to such submissions and may use the ideas contained in such submissions for any purpose in any medium in perpetuity, including, but not limited to, developing, manufacturing and marketing products and services using such ideas.

G. Social Suite Rights

Social Suite reserves the following rights:
(1) to suspend or terminate the Account of anyone who violates the Terms of Service;
(2) to change or alter the Site, the form and nature of the Site or any Services provided through the Site, including requiring payment for some or all uses of the Site and/or the Services, at any time;
(3) to review, modify, filter, disable, delete and remove any and all content and information from the Site;
(4) to update and download automatically any software provided on or through the Site, even if it affects the Services provided to You;
(5) to cooperate or comply with any law enforcement, court, government investigation, order or third party requesting or directing that We disclose information or content, including any information that You provide if We decide that such disclosure is in Our or Our customers best interests;
(6) to display advertising and promotions, which may be targeted to certain Users or sections of the Site based upon queries made or preferences indicated, and may not be identified as paid advertisements or promotions. You agree that the foregoing are rights of, but not obligations of, Social Suite and that Social Suite may, but is not obligated to exercise any of these rights.
(7) to periodically post to your Facebook, Twitter or Linkedin wall to promote tools & services if you connect with your social account on Social Suite and accept app permissions.

H. Prohibited Uses

You may use the Site and the Services only for lawful purposes. You may not transmit, post, store, distribute, display or present any information, software, data, file or material in violation of any applicable law or regulation. You may not use the Site or the Services to facilitate, or otherwise assist others in, the violation of any law or regulation.

You are solely responsible for ensuring that materials transmitted, posted, stored, distributed, displayed or presented using the Site or the Services comply with the Terms of Service and all applicable laws and regulations. Social Suite does not have any obligation to review, edit, censor or take responsibility for any information that You, or other Users, may create, transmit, post, store, distribute, display or present using the Site or the Services.

You may not use the Site or the Services to:

  1. Post content or information that is obscene, hateful, threatening, defamatory, includes child pornography, or creates a risk to anyone’s privacy or safety;
  2. Promote, do or further any unlawful, misleading, discriminatory or malicious activity;
  3. Solicit personal information from anyone under 18 years of age;
  4. Transmit unsolicited commercial messages (Spam), junk mail, pyramid schemes or similar materials or information;
  5. Upload or transmit viruses, worms or other malicious code;
  6. Violate or infringe anyone’s intellectual property rights, including copyrights, trademarks, patents and trade secrets (for instance, You may not use the Site or the Services to provide pirated or counterfeit works, information to circumvent copyright protection devices or links to such works or information or impermissibly use someone else’s copyrighted work or trademarks);
  7. Violate or infringe anyone’s privacy or publicity rights, such as impersonating another person or entity or posting images of someone without their permission;
  8. Forge or otherwise manipulate headers, tags or identifiers in order to disguise the origin of any message or transmittal that You send or receive on or through the Site or the Services;
  9. Falsely express or imply that Social Suite sponsors, endorses or is otherwise affiliated with You or Your content;
  10. Violate any law, statute, ordinance or regulation including export, intellectual property and privacy laws;
  11. Interfere with, circumvent, disable or attempt to interfere with, circumvent or disable the Site or the Services, the proper working of the Site or the Services, security features of the Site or the Services, or the equipment connected to the Site or the Services;
  12. Impose an unreasonable or disproportionately large load on the infrastructure of the Site or Social Suite’s systems or networks;
  13. Restrict or inhibit any other person from using the Site or the Services (including without limitation by hacking or defacing any portion of the Site);
  14. Create a database by downloading and storing the Content or any part thereof; or
  15. Violate the Terms of Service or encourage or assist anyone else to violate the Terms of Service.

In addition to any remedies that Social Suite may have at law or in equity, if Social Suite reasonably determines that You have violated or are likely to violate the foregoing prohibitions, Social Suite may take any action it reasonably deems necessary to cure or prevent the violation, including, without limitation, the immediate removal of materials that violate the foregoing prohibitions from the Site. Social Suite may cooperate with any law enforcement authorities or court order or subpoena or third party requesting or directing Social Suite to disclose the identity of anyone posting such materials.

I. Violations of Terms of Service and Termination

Social Suite may suspend and terminate Your use of the Site or Services without notice to You for breach of the Terms of Service. Social Suite may also report Your activities to federal and/or state law enforcement agencies.

Without limiting its other remedies, Social Suite may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the Terms of Service and Your access to the Site or the Services and Your Accounts if You fail to comply with any term or condition of the Terms of Service. Social Suite may take such actions without providing You prior notice and at its sole discretion. Upon the occurrence of such a violation, You agree to terminate access to the Site and Services. Upon termination, those provisions of the Terms of Service that expressly or by their nature survive will continue in full force and effect.

J. Third Party Products and Links to and from the Site

The Site and Services may contain information and content provided by third parties not related to Social Suite. Such third party information and content do not constitute or imply an endorsement, sponsorship, or recommendation by Social Suite of the third party or such information or content. You acknowledge and agree that Social Suite is not responsible for the availability of any such information or content and that Social Suite does not endorse or warrant, and is not responsible for, any such information or the content.

Subject to the Privacy Policy, We may offer You products and services on behalf of third parties who are not affiliated with Us (“Third Party Products”) or the Services may include links to third party websites (“Third Party Sites”). You agree that We can use Your contact information, including name and address, for the purposes of offering Third Party Products to You in accordance with Your stated contact preferences. If You decide to use any Third Party Products or access any Third Party Sites, You are responsible for reviewing the third party’s separate product terms, website terms and privacy policies. You acknowledge and agree that Social Suite has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Third Party Sites, even if they are owned or run by Our affiliates. Links to Third Party Sites do not constitute an endorsement or sponsorship by Us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. In addition, Social Suite disclaims any liability for links (1) from another website to the Site and (2) to another website from the Site. Social Suite cannot guarantee the standards of any website to which links are provided on the Site and Social Suite will not be held responsible for the contents of such Site, or any subsequent links. Social Suite does not represent or warrant that the contents of any Third Party Site are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Social Suite is not responsible for any transmission received from any Third Party Site. Any reliance on the contents of a third party website is done at Your own risk and You assume all responsibilities and consequences resulting from such reliance.

You may link to the Site so long as you (a) link to the full version of an HTML formatted page of the Site; (b) do not link directly to any image hosted on the Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website; and (c) do not link from any other website to the Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke Your right to link to the Site from any other website at any time.

K. Indemnification

To the maximum extent permitted by law, You agree to indemnify, defend and hold Social Suite and its affiliates, members, officers, directors, employees, agents, and licensors harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees), arising out of or related in any way to (1) Your use of the Site and Services, (2) Your submission, posting, transmittal, display, storage, distribution, removal or any other use of any User Information, Content and/or any other materials or content, (3) Your violation of the Terms of Service, (4) Your violation of any law or regulation, or violation of any proprietary or privacy right, (5) Your violation of any third party intellectual property right, including, without limitation, copyright, patent, trademark or trade secret; or (6) any claim that Your User Information or submission of any other information or content by You caused damage to a third party. This indemnification obligation will survive any termination of the Terms of Service and Your use of the Site and Services. Social Suite reserves the right, but not the obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Social Suite’s defense of such claim.

L. Disclaimer of Warranties

YOU AGREE TO ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SERVICES AND THE CONTENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER SOCIAL SUITE NOR ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, LICENSORS OR LICENSEES (“RELATED PARTIES”) MAKE ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICES OR THE CONTENT, AND HEREBY SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER SOCIAL SUITE NOR ANY RELATED PARTIES ENDORSE OR MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE SITE, THE SERVICES OR THE CONTENT OR THAT THE SITE, THE SERVICES OR THE CONTENT IS NON-DEFAMATORY, NON-INFRINGING OR OTHERWISE LAWFUL. NEITHER SOCIAL SUITE NOR ANY RELATED PARTIES WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE, THE SERVICES OR THE CONTENT WILL BE CORRECTED. NEITHER SOCIAL SUITE NOR ANY RELATED PARTIES GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING WILL BE FREE FROM INFECTION BY SOFTWARE VIRUSES OR OTHER HARMFUL COMPUTER CODE, FILES OR PROGRAMS. IN ADDITION, INFORMATION PROVIDED ON OR THROUGH THE SITE, SUCH AS PRICE QUOTES MAY BE TIME SENSITIVE, MAY BE OUTDATED, MAY BE SUBJECT TO CERTAIN REQUIREMENTS OR MAY BE INACCURATE FOR ADDITIONAL REASONS; ACCORDINGLY, SOCIAL SUITE DISCLAIMS THE ACCURACY AND COMPLETENESS OF ALL CONTENT ON THE SITE. THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “WHERE AVAILABLE” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON OR USE OF THE SITE, THE SERVICES OR THE CONTENT IS AT YOUR SOLE RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SOCIAL SUITE HAS NO OBLIGATION TO INDEMNIFY, DEFEND OR HOLD YOU HARMLESS FROM OR AGAINST ANY CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to You.

M. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SOCIAL SUITE NOR ANY RELATED PARTY WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY CLAIM RELATING TO THE SUBJECT MATTER OF THE TERMS OF SERVICE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR (I) ANY AMOUNTS IN EXCESS OF THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO SOCIAL SUITE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO SUCH CLAIM ARISING, (II) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGE, (II) LOST PROFITS, SAVINGS OR REVENUE, (III) BUSINESS INTERRUPTION, (IV) LOSS OF USE, (V) PERSONAL INJURY, (VI) FINES, FEED OR PENALTIES, (VI) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, (VII) LOSS OR CORRUPTION OF DATA OR CONTENT, (VIII ) INTERRUPTION OF USE, OR (IX) ANY OTHER LOSSES OR DAMAGES WHETHER OR NOT SOCIAL SUITE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT SOCIAL SUITE WILL NOT BE LIABLE FOR ANY USERS’ CONTENT, USER FILES OR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT YOU ASSUME THE FULL RISK OF HARM OR DAMAGE FROM THE FOREGOING.

Some jurisdictions do not allow the limitation of liability for certain damages so the above limitation of liability may not apply to You. If applicable law limits the application of the provisions of this Section, Social Suite liability will be limited to the maximum extent permitted by applicable law.

N. Your Representations and Warranties

By using the Site, the Services or the Content You represent and warrant that (1) if You have an Account, you have truly, accurately and completely identified Yourself through Your Account and will maintain the accuracy and completeness of such identification; (2) You are a corporation or other business entity authorized to do business pursuant to applicable law, or an individual 18 years of age or older; (3) if You are an individual 17 years of age or younger, Your parent or guardian consents to Your use of the Site and Service and agrees, on Your behalf, that You will comply with the Terms of Service; (4) You have the full right and authority to enter into, execute and perform Your obligations under the Terms of Service and that no pending or threatened claim or litigation known to You would have a material adverse impact on Your ability to perform as required by these Terms of Service; (5) Your activities on the Site do not and will not violate the Terms of Service or the rights of any third party, including infringing or misappropriating any third parties’ intellectual property and publicity rights; (6) You understand and agree that the Terms of Service is a legally binding agreement and the equivalent of a signed, written contract; (7) You will use the Site and the Services in a manner consistent with all laws and regulations and in accordance with the terms and conditions of the Terms of Service; (8) You are authorized to sign for and bind the person or entity using the Site or the Services; and (9) You will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal Your identity from Social Suite or in any material that You post or submit on the Site for any purpose.

O. Remedies

You acknowledge and agree that damages are an inadequate remedy in the event of an actual, intended or threatened breach of the Terms of Service and that any such breach by You will cause Us irreparable injury and damage. Accordingly, You agrees that We shall be entitled to preliminary and permanent injunctive relief in the event of an actual, intended or threatened breach by You, without any requirement to post a bond or prove any actual damages to You (and without waiving any additional rights or remedies, including monetary damages, otherwise available to Us at law, in equity or by statute).

P. Governing Law; Exclusive Jurisdiction

The Terms of Service and any disputes relating to the Site, the Services or the Terms of Service shall be governed by and construed in accordance with the laws of the State of Utah. The Uniform Computer Information Transactions Act is hereby excluded and shall not apply to the Terms of Service. Any disputes hereunder shall be within the exclusive jurisdiction of the state and/or federal courts located within Salt Lake County, Utah, and the parties hereby consent to such exclusive jurisdiction and waive objections to venue therein and jurisdiction thereof. In any action to enforce the Terms of Service, the prevailing party will be entitled to recover its costs and attorney’s fees. Any cause of action You may have with respect to Your use of the Site or the Services must be commenced within one (1) year after the claim or cause of action arises.

Q. Severability

If any portion of the Terms of Service is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of the Terms of Service will remain in full force and effect and, upon our request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from the Terms of Service and the rest of the Terms of Service shall remain in full force and effect.

R. Miscellaneous

The Terms of Service together with all policies and agreements referenced herein constitutes the entire agreement between Social Suite and You with respect to the Site, the Services and the Content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Social Suite with respect to the Site, the Services and the Content, unless an agreement specifically provides that it is not superseded by the Terms of Service. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign the Terms of Service or any part of the Terms of Service without the express written consent of Social Suite. You agree that Social Suite may assign the Terms of Service or any part of the Terms of Service at any time and for any reason without notice or Your consent. Social Suite may also delegate, subcontract or engage any third party to perform any part of the Services or any of Social Suite obligations under these Terms of Service at any time and for any reason without notice or Your consent. The parties are independent contractors and will so represent themselves in all regards. Neither party is the agent of the other and neither may bind the other in any way. Neither party will be deemed to have waived any of its rights under the Terms of Service by lapse of time or by an statement or representation other than (a) by an authorized representative and (b) in an explicit written waiver. No waiver of a breach of the Terms of Service constitute a waiver of any prior or subsequent breach of the Terms of Service.

Payment Terms

Subject to the terms and conditions of the Terms of Service, Social Suite will provide the Member Services to Members in accordance with its then-current pricing and other policies and procedures, as set forth on the Site or otherwise provided to Members from time to time. For Member Services offered on a payment or subscription basis, the following terms apply unless We notify You otherwise in any payment terms on the Site or otherwise in writing:

  1. You must pay with one of the following: (a) a valid and verified credit/debit card, PayPal, Payza, Skrill, Stripe or BitPay account in your own name or business; (b) a valid bank account in your own name or business; or (c) by another payment option provided on the Site.
  2. If You purchase a campaign code via a payment provider to use a Social Suite platform, you can use the code at any time and as they do not expire, the code is only activated when you enter it in the platform. Campaign codes gives you 14-day unlimited access to a platform, once your time expires, your account will be reverted back to a free account (with limited access), you will NOT be billed again after your time expires. Campaign codes are unique and cant be reused or refunded.
  3. Campaign codes are billed for 14-day access to a platform and the amount billed is non-refundable. There will be no refunds for partial days/weeks of service, or for days/weeks unused with a running Campaign.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
  5. Additional ordering, payment, cancellation or renewal terms may be provided to You on the Site or in communications or notices from Us, and the Terms of Services incorporate such terms by reference.

VAT
All payments made shall include value added tax at the prevailing rate.

Fee Increase
We reserve the right to increase service fees, on certain controlled products and services, at any time, subject to 14 days notice of such an increase sent electronically to any email address.

Overdue Payments
You as the client should pay all amounts due in full without any deduction or withholding and shall not assert any credit or set-off or counterclaim against us in order to justify the withholding of the whole or part of any such amount. If any Fees become overdue for payment, we may claim interest, (both before and after judgment) at a daily rate of 5% above the Barclays Bank base rate on any outstanding amount until all Fees are received, together with the costs of recovering payment, including any incurred by a debt recovery agent.