This section establishes the agreement between you and the user/client.
By accessing or using the website Expressmedia.us (“the Site”) and/or by retaining our services, you agree to be bound by these Terms of Service (ToS) and all terms incorporated herein by reference. If you do not agree to all of these terms, do not use the Site or engage our services.
Express Media (referred to herein as “Express Media,” “We,” “Us,” or “Our”) reserves the right to make changes or modifications to these ToS at any time and for any reason. We will alert you about any changes by updating the “Effective Date” of these ToS.
Clearly define the scope and nature of the services Express Media offers.
Express Media provides specialized Social Media Management (SMM) consulting, content creation, digital marketing, and related media services (collectively, “Services”) as outlined in a separate, mutually agreed-upon Service Agreement or Statement of Work (SOW).
2.1. Client Responsibilities: The client agrees to provide Express Media with timely access to all necessary accounts, content, passwords, and information required for us to perform the Services. Delays caused by the client may impact service delivery and results. 2.2. Service Results: Express Media employs Fast, Professional, and Affordable strategies but does not guarantee specific results (e.g., follower count, conversion rates, or sales) due to factors beyond our control, including platform algorithm changes, market competition, and client product/service quality.
This is essential for an SMM business, clarifying who owns the content created.
3.1. Ownership of Client Content: The Client retains all ownership rights, including intellectual property rights, to all original text, graphics, images, video, and other material provided to Express Media for use in campaigns (“Client Content”). 3.2. Ownership of Express Media IP: Express Media retains all intellectual property rights to its proprietary methodologies, strategies, templates, internal documents, and algorithms used to provide the Services (“Express Media IP”). 3.3. License to Use: The Client grants Express Media a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display the Client Content solely for the purpose of providing the contracted Services. 3.4. Content Warranties: The Client warrants that the Client Content provided does not violate any third party’s intellectual property rights (including copyrights and trademarks) or privacy rights. The Client agrees to indemnify Express Media against any legal claims arising from the Client Content.
Outline the financial terms and conditions for ending the professional relationship.
4.1. Payment Terms: Fees for Services are detailed in the signed Service Agreement. Payment is due [e.g., net 30 days from the invoice date / 5 days prior to the start of the service month]. Express Media reserves the right to suspend or terminate Services for overdue payments. 4.2. Termination by Client: The Client may terminate the Service Agreement with [e.g., 30 days] written notice, subject to any early termination fees outlined in the Service Agreement. 4.3. Termination by Express Media: Express Media may terminate the Services immediately if the Client breaches any term of this ToS or the Service Agreement, including non-payment.
This section protects your business from legal exposure.
5.1. Disclaimer: The Site and Services are provided on an “as-is” and “as-available” basis. Express Media makes no warranties, expressed or implied, regarding the operation of the Site or the Services. 5.2. Limitation of Liability: To the fullest extent permitted by law, Express Media shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, punitive, or special damages arising from the use of the Site or Services, including, but not limited to, lost profit, lost revenue, or loss of data, even if Express Media has been advised of the possibility of such damages. In no event shall Express Media’s liability exceed the fees paid by the Client to Express Media in the three (3) months immediately preceding the event giving rise to the claim.
Specify the legal jurisdiction that governs the agreement.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute arising from or related to these ToS shall be exclusively resolved in the state and federal courts located in Wilmington, Delaware.
