Silver Elite Terms of Service
Summary
We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
In short
You are hiring us, Foiled Inc., located at P.O. Box 2462, Naperville, IL 60567, to prepare, package, and deliver cupcakes for an ongoing period of time based upon the Silver Elite program terms for a total price as outlined in the attachment. Of course it’s a little more complicated, but we’ll get to that.
What do both parties agree to do?
As our customer, you acknowledge that you have the power and ability to enter into this contract on behalf of yourself, company, client, or organization. You agree to provide us with the stuff we need to complete the orders on a timely basis, including your full name, a valid company address, and a valid (current) credit card, and delivery information. Only one person per company may be assigned to an account, unless multiple accounts are opened at the same company. We can’t allow multiple people to share one account. You also agree to stick to the payment schedule set out in this contract.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed deadline if you have been late yourself or have not approved or signed off our work on-time at any stage.
You also agree that we are not responsible for any broken or strained client, vendor, friend, or family relationship as a result of you using our service, because ultimately, it’s up to you to keep that relationship going. We also aren’t responsible for the loss of profits, goodwill, use, data or other intangible losses.
On top of this we will also maintain the confidentiality of any information that you give us.
Flexibility
We know from plenty of experience that your needs may change, and we don’t want to limit either your options or your opportunities to change your mind. The prices we set are based on our product offering. If you do not make any changes, the price will be the price that you pay monthly.
If you do want to change your mind, that won’t be a problem. In order to make any changes to the contract, contact your Account Manager by email to request any upgrade, downgrade, or cancellation of your account. Your change order will be acknowledged by your Account Manager by phone or email within two business days.
If you ever decide that you want to cancel your account, you, personally, are responsible for contacting your Account Manager. This is the only way to cancel your account. Your account will stay open until the last day of the billing cycle, and then we won’t rebill you the following month. Any remaining cupcake gifts should be used by the end of your term with us; otherwise, we’ll donate them to a local organization.
Certain plans include rollover cupcakes. When enrolling in a plan, your Account Manager will review terms with you.
Legal stuff
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You agree not to use the Silver Elite service for any illegal or unauthorized purpose. You musn’t violate any laws in your jurisdiction (including but not limited to copyright laws.) You also agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Silver Elite service without written permission from us.
We reserve the right to upgrade and change our offering and services from time to time without notice. Any new features that augment or enhance the current service will be noted on our blog at www.foiledcupcakes.com/blog. Continued use of the Silver Elite service after any changes lets us know that you agree to them.
Phew.
Copyrights
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the finished product are either owned by you, or that you have permission to use them.
We love to show off our work with other people, so we also reserve the right to display and link to your products on websites and with the press.
Payments
We are sure you understand how important it is as a business that you pay promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to our agreed payment schedule as follows:
- You will be billed monthly starting the day your account was initially created and every ~30th day after that.
- You will be billed in advance and your charges are non-refundable. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. To be fair to everyone, no exceptions can be made.
- Sales tax isn’t included. Gratuity for your hard-working drivers is not included, either, but is not expected on a per-delivery basis as a part of our program.
- Any upgrade or downgrade means that your credit card will automatically be charged the new amount on your next billing cycle. Your upgrade/downgrade service will also take place in the next billing cycle.
- If ever we do change the pricing on any of our Silver Elite plans, we’ll give you 30 days notice and send you the notice via e-mail. Your Account Manager should also have that conversation with you and confirm that you want to continue with us.
But where is all the horrible small print?
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of courts in the State of Illinois.