Terms of Service

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.

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.

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 unless you have purchased our premium service level that includes phone support.

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

Currency: USD. Billing runs regardless of client delays.

5.1 Service Commitment: We provide comprehensive advertising management using industry best practices. 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.

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
• Email notification sent when post approval is turned on
• You must approve or request changes 48 hours beforehand
• Unapproved posts do not publish

Response Times: 48 hours for changes. Emergencies may incur a $25 fee.

Additional Users: $15 per month each.

Each post includes up to two revisions. You must resolve account restrictions directly with platforms.

• 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

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

Managed hosting includes: Security, Backups, Optimization, SSL, Monitoring, and Support.

Monthly updates include up to 10 frontend changes (do not roll over). We do not use cPanel.

FREE WordPress migration upon request. Daily backups with 30-day retention.

Overdue accounts incur a $75 fee for backup release. We are not liable for breaches caused by client passwords, outdated plugins, or client-provided files.

Three-Pass System:

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. Free hosting ends at 30 days even if the website is not completed.

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.

30-day written notice required for cancellations. Cancellation without notice results in immediate service termination.

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. Billing cycle is every 30 days.

You may not request or provide content that:

• Violates laws or intellectual property
• Contains hate speech or 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.

Client owns all materials they provide. The Company owns: templates, frameworks, proprietary tools, and licensed content.

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

• 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

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, or third-party failures.

Client agrees to indemnify the Company for: violations of these Terms, illegal content, platform violations, intellectual property claims, and misuse of services.

• 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

Neither party is liable for events beyond reasonable control, including: natural disasters, war, pandemics, government actions, internet outages, cyberattacks, and platform outages.

• 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

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. This plugin does not guarantee legal compliance.

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

We may use AI tools to generate drafts, ideas, or content. AI may produce inaccuracies, outdated information, fabricated statements, and unintended tone or phrasing.

Services rely on third-party software for SEO, scheduling, ADA scanning, email marketing, hosting, and analytics.

We are not responsible for outages, API changes, bugs, feature removal, price increases, or account lockouts.

Client is responsible for licensing costs unless otherwise stated.

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.

The Company makes no guarantees regarding: search engine rankings, revenue or lead increases, sales or conversions, social media engagement, or advertising performance.

Performance depends on many external factors beyond our control.

Both parties agree to keep all confidential information private and secure. This obligation survives termination of services.

For 24 months after termination, Client agrees not to:

• Hire Company employees or subcontractors
• Circumvent Company to work directly with our contractors
• Encourage employees or contractors to leave the Company

Clients must contact the Company to resolve billing disputes.

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.