Current Terms of Service (TOS) and Licensing rights as of February 6, 2017. We have written these Terms as a General Terms and Licensing in plain non-legal speak so that it can be easily understood. If your business has signed a specific Terms of Service or Statement of Work (SOW)/Proposal, please defer to that specific agreement for details. Otherwise the following is mutually agreed:
1. These Terms of Service outlines our general policies, services for any monthly paid services, packaged services or licensing for viewers or paid users of digital downloads, specified respectively in the line items below.
2. Digital Downloads: If there are product questions, the purchaser can show proof of payment (receipt, etc.) and contact Yume Consults for questions or comments. Questions are typically handled within 24-48 business hours unless it’s the weekend or major holiday or our business is closed.
3. Digital Downloads: The item(s) cannot be downloaded and/or disseminated publicly with other individuals or third-parties (this includes social media outlets such as but not limited to Facebook, Google, Twitter, Pinterist, YouTube, etc).
4. Digital Downloads: The item(s) cannot be shared with other individuals and/or third-parties and/or disseminated in part or in whole (this includes social media outlets such as but not limited to Facebook, Google, Twitter, Pinterist, YouTube, etc). There are exceptions, written permission can be obtained for specific cases. Please give us a minimum of 5 business days lead time so we can review any queries on this. Contact Yume Consults for questions or comments.
5. Digital Downloads: The items licensed are protected by U.S. Copyright Laws and is owned by Yume Consults LLC. Cited authors or other sources credited are cited in additional material (PDF, documents, etc).
6. Digital Downloads: Purchasing this item does not constitute ownership, this is a licensing agreement for viewing only. No resale or using material than otherwise stated herein.
7. Monthly Paid Service(s) or Digital Downloads: The item(s) do not come with expressed or implied warranties or guarantees, as results may vary.
8. Digital Downloads: Violations of use will be based on the court system and jurisdiction of the City of Los Angeles, California. Any item found unenforceable does not mean that the rest of the terms in this agreement are not enforceable. We will pursue legal rights, damages and jurisdiction under the full protection of California law. Legal fees, court costs will be a claim brought against the viewing and/or purchasing party, attorneys and/or their heirs if deemed any violations of these Terms.
9. Digital Downloads: Items are sold to the purchaser or account holder. Purchasing an item then copying, sharing, distribution of any item(s) is considered pirating. Yume Consults reserves our right to take legal action to the full extent of State and Federal law.
10. Monthly Paid Service(s) or Digital Downloads: By making a purchase or use of any of our services or products in any way, the owner/provider Yume Consults, our affiliates or partners do not make any warranties, expressed or implied of any guarantees or results whatsoever, as results may vary.
11. Monthly Paid Service(s) or Digital Downloads: Yume Consults information is typically based on empirical data or on-going research conducted across the web, this does not imply that the research or information comes with expressed or implied warranties or guarantees whatsoever. Use of this information is based on the purchaser’s sole risk.
12. Digital Downloads: Yume Consults will reimburse purchases that are defective within 24 hours (1 day) only. After 24 hours (1 day) only, all sales are final. Please contact us via Yume Consults for any issues with the download if deemed defective. Please be prepared to take a screenshot, condition in which the defect occurred of the issue to submit to our team for review. Upon review our team will issue a full refund or replace the defective item at our discretion. After 24 hours, regardless of any assumed defects, all sales are final.
13. Digital Downloads: The purchaser can opt to request to re-download the defective purchase and will be given a link to do so within 72 hours. However, there will not be any refund of the purchase if the items is re-downloaded within 24 hours. All sales are final at this point.
14. Digital Downloads: If you are viewing our webinars, videos, online courses and have not purchased or downloaded items, you are still bound by these Terms. Please don’t continue to view and/or purchase our items if you cannot abide by these Terms.
15. Monthly Paid Service(s): If you purchased a monthly paid service (of any kind offered on our website), you are still bound by these Terms. Please don’t continue using our services if you cannot abide by these Terms.
16. Monthly Paid Service(s): For our social media management packaged services, if at anytime you feel those services no longer meet your needs, you can cancel at anytime. However, we do not provide partial or pro-rated refunds, since our rates are already competitive, typically less than market rates, and we do not charge set up fees. Please make sure to cancel your service before the next billing cycle or you will be charged for the next month. We don’t give refunds if clients do not cancel before their next billing cycle. This is clearly stated in our Terms.
17. Monthly Paid Service(s): For our social media management packaged services, prices do not reflect customizable a la carte add-ons such as Email, SMS, Custom Content Writing (for blogs, newsletters, website), additional consulting hours, branded posts, AdWords set up/management, Facebook ad set up/management, etc. RSS automation is not part of the Entrepreneur packaged service. Please contact us for a custom quote.
18. Monthly Paid Service(s): Social media management packaged services comes up with the following hours of management per month. Any additional time, features, a la carte items or add-ons requires a custom managed quote and a custom plan: Entrepreneur packages come with up to 4 hours of management per month. Startup packages come with up to 6 hours of management per month. Small Business packages ranges between 8-10 hours of management per month. We can provide quarterly, semi-annual or annual pre-paid discounts for any custom plan. Please contact us for a quote to fit your specific budget/needs.
19. Monthly Paid Service(s): All social media management packaged services comes with 1 (one), 1 hour free social media strategy consultation a month for enterprise and startup packages. The small business package comes with 2 (two), 1 hour social media strategy consultations per month. We provide coaching, consulting services / fees billed by the hour at our coaching, consulting Introductory rates as outlined here (we also provide customized packages outside of our Introductory packages).
20. All products: We reserve the right to increase fees for any new clients that sign on to our Monthly Paid Services or licensed products at anytime. Any legacy or existing Clients, we will honor any older prices for up to 1 year from the date the rate(s) changed and will provide email notice as a reminder.
21. General Terms of Service (this is a general guideline, please refer to your specific Terms of Service, Statement of Work, etc. for your specific project details); typically we may ask for ramp up/retainer time as an initial deposit, or up to 50% deposit on consulting, project management or product development services. In some cases, we may opt to negotiate for less deposit on a case by case basis (dependent on the credit history and/or reputation of the business). We factor our services based on our time, level of focus, experience/knowledge base, resource allocations, and hard costs. We do not give refunds for any deposits for work already completed, we only refund for any outstanding payments (less our time, ramp up fees or hard costs incurred). Any refunds issued are issued by company check only (irregardless of the original payment received). We use a third-party accounting team to process all accounts and refunds. Processing for refunds may take up to 8-10 weeks.
22. Engagement of Services Agreement – Payments made (by the ‘Client/Company’ initiating services) to Yume Consults LLC/Yume Consulting LLC (‘Service Provider’), recognizes and confirms that both parties mutually agree that Yume Consults LLC/Yume Consulting LLC was duly engaged by the ‘Client/Company’ for services based on Yume Consults LLC/Yume Consulting LLC’s expertise. Yume Consults LLC/Yume Consulting LLC makes good will effort to ensure that we keep records of all project communication, payments and/or refunds. In good faith effort, work is typically done on retainer (deposit) and/or subsequently billed to client for time and materials and/or based on an agreed fixed fee and/or a retainer model (if a Statement of Work and/or Proposal was not signed, all agreements default to the Terms stated on this website). Any payments made to Yume Consults LLC/Yume Consulting LLC serves as proof that work was conducted and transactions took place between both parties, not including documents such as non-disclosure agreements and other correspondence as deemed necessary to demonstrate ‘proof of engagement’.
22.1. Invoices, Payments Due – The following will occur if payment(s) are not received by the invoice/due date: 1) Yume Consults LLC/Yume Consulting LLC at our sole discretion can extend a 15 calendar day grace period on any invoices due to offer time to bring the account current. 2) A Demand for Payment Letter sent with delivery tracking. 3) Along with the Demand for Payment Letter, support documentation will be sent of work completed (this may include: email, texts, print outs, meetings scheduled, or canceled, etc.) and notarized. 4) If payment is not made or arrangements have not been made prior, Yume Consults LLC/Yume Consulting LLC will pursue legal action to the fullest extent of the law, not including filing a small claims court motion to intended party. Any legal action will result in a request for reimbursement of all legal filings, attorney fees, notarized documents, postage fees, mailing fees, printing fees, etc., in addition to the amount due in the invoice. We appreciate your prompt attention to all invoices delivered and paid on time.
22.2 Termination of Services – This Agreement may be terminated by either parties, without due cause in written form (via email, postal mail, fax, mobile text, etc.), and effective immediately on the date of the termination. Termination does not relieve the Client/Company of any payments due to the ‘Service Provider’, Yume Consults LLC/Yume Consulting LLC of any payments due, or outstanding invoices due for any services rendered prior to the date of termination.
23. All services, product sales, invoices, transactions, content approval is processed via Yume Consulting LLC, a parent company of Yume Consults LLC.
24. IMPORTANT: From time to time we will update our Terms on our website, please check back periodically to see if the information is updated publicly.