Online Subscription Agreement
Welcome to Vida & Partners Digital! We start every new subscriber relationship with a contract. The following contract spells out what you can expect from us, and what we expect from you. If you agree to what you read below, you should click "Yes" at the end of the contract to acknowledge that you have agreed. We intend this to be the legal equivalent of your signature on a written contract, and equally binding. Only by clicking “Yes” will you be able to access and use the services available on this Website.
THESE TERMS CONTAIN A CLASS ACTION WAIVER.
2. Access and Services
(a) Eligibility. You may use the Service only if you can form a binding contract with the Company, and only in compliance with this Agreement and all applicable local, state, national, and foreign laws, rules and regulations. If your minor children use the Service, you are solely responsible for such use, including, without limitation, any purchases your minor children make through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement and you agree that you will not allow your minor children under the age of 13 to engage in such use. You may not use the Service if you have previously been removed or barredfrom the Service by Vida and Partners Digital.
(b) Access. Your access to the various services available on this system depends on the level of access you select above. You may change or discontinue your account at any time. We reserve the right to modify, suspend or terminate access to the service on our system at any time for any reason without notice or refund, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system.
$599 — For our initial setup, we need to check off these boxes:
Connect Google Analytics to V&P Cloud Portal
Connect all social media accounts
Google My Business — Posting organically will help both your SEO and will help create copy for more variations for Google Ads.
Connect Facebook Business Manager
Use existing blogs as the basis for your annual content plan.
Landing Page Set up:
Duplicate the landing page you’re using for google ads and make one that all of our organic social media posts point to using UTMs from V&P Cloud Portal.
BASIC — Every month, we’ll provide you with:
Access to V&P Cloud Portal www.vandpdigital.cldportal.com
Monthly Web, Organic, and Paid Social Reporting
2 Coaching Calls — guidance on filling out prompts or outlines, feedback on videos, accounts we suggest interacting with, new hashtag recommendations, troubleshooting
PRO — All of the services listed above PLUS
2 Additional Coaching Calls each month.
4 Hours of weekly tasks:
Writing content outlines
Making sure each post is written well for each different platform (facebook, vs Twitter vs Instagram)
Other services as specified in your INVOICE.
Additional work over and above the plan or package selected will be billed at $75 /hour. We will alert you when you could save money by upgrading your service program and save up to $25/hour when you bundle.
3. Fees, Payment, and Minimum Term
Depending on the packages we have available at any one time, we may charge you a standard monthly fee for using our system as well as additional fees depending on the type of service you have selected. You should review the complete and current price list before signing up for any services SEE INVOICE TOTAL. You will be given the opportunity to pay by credit card when you sign up. You can cancel your account at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month for which you discontinued service, and if you cancel before the minimum of 12 months from the effective date, you agree to pay the $599 Onboarding fee, due 30 days from cancellation notice. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least one month's advance notice of such change.
DISCMAILER: You have 15 days from the first month’s effective date to review this contract and cancel with no penalty.
4. System Rules
You agree to be bound by certain rules that are important for the proper use of this service. Your failure to follow these rules, whether listed below in the contract or in bulletins posted at various points in the system, may result in termination of your service. First, do not tell others your password or let your account be used by anyone except yourself. Second, do not attempt to log in more than once at the same time on any given account without specific permission of one of our operators. Third, while you should feel free to express yourself, you should respect other users of the system and not do anything to attack or injure others. Fourth, do not use our system to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.
5. Privacy Considerations
Your communications on this system are, in most cases, viewed only by you and anyone to whom you address your message. However, as system operators, we may need to review or monitor your electronic mail and other communications from time to time. In addition, we reserve the right to copy and distribute to third parties any information associated with your activities on the system. Therefore, you should not expect to have a right to privacy in any of your communications.
6. Proprietary Rights
By posting messages, uploading files, inputting data, or engaging in any form of communication on our system, you are hereby granting to the public an unrestricted license to use, copy, modify, adapt or document in any form any communications, information or any underlying work in which you may possess proprietary rights, including but not limited to copyright rights. All users of the system are therefore deemed to have disclaimed or waived all copyright ownership rights in their messages or files, even if they contain copyright notices. You shall have absolutely no recourse against us as the system provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership.
Your use of our system affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. We or our suppliers own the intellectual property rights to any and all protectable components of our system, including but not limited to the computer software, the related documentation, the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition; you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or disassemble any aspect of the system that we or our suppliers own.
7. Limitation of Liability
(a) Use of our system. You must bear the risk of any liability relating to your use of our system. We would not be able to afford to operate this system if we were held accountable for every wrongful action by every online subscriber. ACCORDINGLY, YOUR USE OF THE ONLINE SYSTEM IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
(b) Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. These Terms do not confer any rights or remedies upon any person other than you or Vida & Partners Digital. You may also have additional rights under applicable law.
You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
9. Disclaimers of Warranty
THE SYSTEM IS PROVIDED "AS IS" AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
10. Governing Law
You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of California, USA, and that any action arising out of this Agreement shall be litigated and enforced under the laws of California, USA. In addition, you agree to submit to the jurisdiction of the courts of California, USA, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the California, USA. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this Section. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE SUBSCRIBER AGREEMENT, please click the "Yes" button below. If you do not agree to the terms of the Subscriber Agreement, please click the “No” button to log off the system.
12. Term and Termination
(a) Termination by Vida and Partners Digital. If you fail, or Vida and Partners Digital, in its sole and absolute discretion, determines or suspects that you have failed, to comply with any of these Terms, including but not limited to failure to make payment of fees due, failure to provide Vida and Partners Digital with a valid payment method, or violation of our usage rules or any license to the software, Vida and Partners Digital, at its sole discretion, without notice to you may: (i)terminate these Terms, and you will remain liable for all amounts due up to and including the data of termination: and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Serve (or any part thereof). No such termination by Vida and Partners Digital shall limit any other rights Vida and Partners Digital may have in law or at equity.
(b) Termination by You. You may terminate these Terms by discontinuing all use of the service and provide notice of such to Vida and Partners Digital. Vida and Partners Digital reserves the right to collect fees, surcharges or costs incurred prior to such termination. You will also remain liable for any charges incurred to your payment providers prior to such termination. You will also remain liable for any charges incurred to your payment providers prior to such termination. You understand and agree that any termination by you or Vida and Partners Digital will result in your permanent inability to access any Products associated therewith, and you will forfeit any right to any Products not already in your possession.
(c) Survival of Terms. Notwithstanding any termination or expiration of these Terms, the terms of Sections 7(b), 12(c), 7, 8, 9, and 13 will survive, along with any other terms which by their nature are intended to survive.
13. Other Legal Terms
(a) Enforcement of These Terms. Vida and Partners Digital reserves the right to takes steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to Vida and Partners Digital's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
(b) No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, Vida and Partners Digital may provide links to certain third party websites. You acknowledge and agree that Vida and Partners Digital is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Vida and Partners Digital does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.
(c) Intellectual Property Notice.
THE USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS EXPRESSLY PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR INFRINGEMENT.
(d) Notices. Vida and Partners Digital may send you notice with respect to the Service by sending an email message to the email address you provide during your purchase, or by a posting on the Service. Notices shall become effective immediately. Vida and Partners Digital's main offices are located at:
Vida and Partners Digital LLC
375 E 2nd Street; #502
Los Angeles, CA 90012
YOU AND Vida and Partners Digital AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
14. Customer Service
(a) Assistance with Orders. For Assistance with billing questions or other order inquiries, please contact us at firstname.lastname@example.org. If you cannot find the answers you are seeking in our knowledge base, you can send us an email from that page.
(b) Refund Policy. Refunds will be issued solely at Vida and Partners Digital's discretion. Two months after a purchase, it is no longer possible for us to issue refunds on payment processors like PayPal. So please contact us as soon as possible.