Madewell Creative, LLC (“Company”)
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company, Madewell Creative, LLC. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing United States law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
Client records are regarded as confidential and therefore will not be divulged to any third party, other than secure email campaign host (Constant Contact) legally required to do so to the appropriate authorities. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any e-mails sent by this Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyze trends, administer the site, track user movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website, or just email firstname.lastname@example.org.
This company is registered in the United States at 826 W. Smith St., Orlando, FL 32804.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of the United States of America govern these terms and conditions. By accessing this website and using our services/buying our products, you consent to these terms and conditions and to the exclusive jurisdiction of the United States courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
By completing your payment, you (“client”) completely understand and agree to the following:
– Client is an authorized authority to make decisions regarding financial spending within the company within the application.
– Madewell Creative, LLC is being hired as a 3rd party marketing agency for the client. We are not employees of Google, Facebook, Instagram, Twitter, Pinterest, Snapchat, TikTok, Yelp, TripAdvisor, or any other social media platform, search engine, or review sites that we manage for our clients.
– Client understands that they are entering into a recurring month-to-month agreement with Madewell Creative, LLC to receive the requested online marketing solutions we provide. Services and payment will continue indefinitely until client provides a 21-day notice of cancellation either by phone, in person, or by email (must have confirmation of receipt by an authorized Madewell Creative, LLC employee).
– Client understands that the cost of our management services (plus any applicable add-on services) DO NOT INCLUDE the advertising fees required by Google and/or Facebook to distribute your ads across their platform(s). This is also known as the “ad spend budget.”
– Client understands that each separate advertising platform has it’s own required ad spend budget. Each ad spend budget must be agreed on and discussed with a representative of Madewell Creative, LLC either by email or by phone before ads will begin delivering.
Advertising Platform & Social Media Account Expectations:
– Client understands it is their responsibility to setup necessary social media accounts and/or advertising platform accounts, as well as provide valid payment credentials to them.
– Client understands that (as a courtesy) Madewell Creative, LLC will do their best to notify them of any known issues within their account that may delay or stop the client’s account from functioning (such as but not limited to payments, identity verification, inaccurate information, etc.) within any of their accounts, it is ultimately the client’s responsibility to maintain and update all information and/or settings. This allows Madewell Creative, LLC to immediately begin/maintain/complete client’s subscribed monthly services without interruption.
– Client understands that failure to keep all information within their accounts up-to-date is not the responsibility of Madewell Creative, LLC and the management fees to Madewell Creative, LLC will still continue in the event that client’s accounts are paused/frozen.
Expectations of Return on Investment
– Client understands that a positive return on investment (ROI) is not guaranteed. Results of other clients of Madewell Creative, LLC may or may not be typical to that industry. Failure for the client to receive their desired/expected/assumed/estimated results on any services provided by Madewell Creative, LLC is not adequate for the dissolution of this contract and a 21-day notice of cancellation is still required.
– Client understands that payment to Madewell Creative, LLC is due every month on the date in which it is submitted from this day on. This is a subscription based service and your payment will be auto drafted each month.
– Client understands that any bank fees and/or penalties charged by client’s financial institution due to insufficient funds, expired credit/debit card(s), etc. are not the responsibility of Madewell Creative, LLC.
– Client understands that any fees incurred by Madewell Creative, LLC’s payment system (Stripe) due to returned payment as a result of client’s actions (or lack of action) are the responsibility of the client and must be paid back to Madewell Creative, LLC.
– Client understands that in the case of a failed payment, they will be notified by Madewell Creative, LLC (as a courtesy, not a requirement) as soon as possible. If non-payment occurs and payment is not completed within 3 business days, services will be paused and the contract will remain in effect until a cancellation request is received. If 30 business days pass without payment, services will be discontinued and the contract will end, but the balance will remain. If after 45 days the balance remains unpaid, a copy of this contract and a payment request for your account’s remaining balance will be sent to collections.
Dissolution of Contract by Madewell Creative, LLC
– Client understands that Madewell Creative, LLC has the right to dissolve the agreement at anytime, for any reason. In these rare cases, Madewell Creative, LLC agrees to refund the client for the unused/unserviced portion of their monthly agreement.
Final Approval is Pending
– Client understands that this submission is subject to our final approval, and that not all who apply are accepted. Madewell Creative, LLC has the right to deny applicants with, or without reason. Applicants who are not chosen as partners will receive a complete and prompt refund.
For questions or clarification, please contact email@example.com.