TERMS AND CONDITIONS OF SERVICE
The terms “Website”, “Site”, “and “ZappListings.com” shall each mean “ZappListings.com”
The term “ZappListings.com” it self shall mean “ ZappListings.com, its owner corporation (The Osterfeld Agency, Ltd., a Louisiana corporation) including it’s shareholders, directors and officers, service providers, employees, assigns, agents and the operators of this Website” and any subcontracted website or business.
reproductions, copies, posts, publications and distributions of your Content by ZappListings.com) will belong to ZappListings.com. You understand and agree that ZappListings.com will retain all of its Work Product in the event you choose to cancel or terminate our services.
If you have subscribed to social media Reputation Monitoring then Subscriber grants the right for ZappListings.com to take control of Subscriber’s social media accounts or open accounts (claim business pages) in Subscriber’s name with various social media platforms. Subscriber shall specifically list each social media platform which ZappListings.com will monitor on behalf of Subscriber. ZappListings.com will provide Subscriber with monthly reports detailing activity on each such social media account. In the event ZappListings.com detects a negative posting or review on any of those accounts it will notify Subscriber by email and recommend a response course of action to Subscriber. ZappListings.com will not make that response on behalf of Subscriber unless directed by Subscriber at that time. ZappListings.com attempts to notify Subscriber of negative postings and reviews within 24 hours. Subscriber understands that ZappListings.com shall not be liable for failure to notify Subscriber nor for failure to act on Subscriber’s behalf or in a timely manner. ZappListings.com is not liable for any consequences of any recommendation or advice given to Subscriber.
In the event an account is terminated by either party all Social Media accounts remain the property of the Subscriber who is advised to change passwords on all such accounts.
MANAGES SOCIAL MEDIA POSTING
For Subscribers who elect to participate, ZappListings.com will manage up to three (3) social media accounts at Subscriber’s choosing and make up to three (3) social media posts per week per platform (totalof 9 posts per week) on behalf of Subscriber.
Subscribers electing to have ZappListings.com manage its online social media will determine which social media platforms ZappListings.com will manage and provide ZappListings.com with the content (information, text, photographs, videos, etc..) necessary to make such postings.
ZappListings.com may suggest or recommend ideas or content to Subscriber, but it is Subscriber’s responsibility to provide all necessary content for all postings.
ZappListings.com will create a posting and email details of said posting for Subscriber’s approval. In the event Subscriber disapproves of or wishes to make changes to said proposed post, Subscriber must notify ZappListings.com by email within 24 hours. Unless Subscriber shall disprove or make changes to said proposed post within 24 hours, ZappListings.com shall post the same to Subscriber’s social media accounts. ZappListings.com shall not be liable to Subscriber for the content of any social media post or for failure to post.
WEBSITE CREATION AND HOSTING
For Subscribers who elect to have ZappListings.com build and maintain a customized website the following will apply:
- As creation of a website require communication between Subscriber and That you are responsible for providing all Content to ZappListings.com
- ZappListings.com will convert your information to one of our customizable themes of Subscriber’s choice and according to the level of Services to which you’ve Subscribed. You will then be provided with access to our Work Product to review and edit. You are solely responsible to review our Work Product for errors, mistakes, typos, etc., and to confirm our Work Product prior to our publishing/posting it to the internet. ZappListings.com will not be liable for errors, omissions or inaccuracies in our Work Product.
- You agree that the sole responsibility of ZappListings.com shall be to create the Work Product,provide it to you for review and corrections and upon your approval, to host and maintain that website on our servers and that ZappListings.com shall not be liable to you or your business for any damages, loss of income or unintended consequences. ZappListings.com shall not be liable for outages or site down time.
- You may update or make changes to your Content at anytime by providing such edits to ZappListings.com via our Web form or via email and ZappListings.com agrees to alter its Work Product to include such changes as soon as possible but makes no representations as to how long it will take ZappListings.com to make such changes. You will not be charged for changes or updates (within reason – if you’re sending a ton we’re going to have to talk.)
- Upon account termination for any reason Subscriber’s website will be removed from the Zapplisting.com servers however the domain name remains the property of Subscriber, with the exception that if the domain name was purchased by ZappListings.com, Subscriber agrees to pay a processing and transfer fee of $149 at which time ZappListings.com will transfer that domain to the web domain registrant of Subscriber’s choice. ZappListings.com will not renew any domain registration which expires after the date of account termination unless and until said processing and transfer fee is paid. ZappListing.com is not liable for any loss of domain name.
- Upon account termination for any reason and during the first thirty (30) days following account termination, at Subscriber’s emailed request and upon payment of a one-time processing and transfer fee of $99, ZappListings.com will transfer any or all of Subscriber’s email from its ZappListing.com email account to a Subscriber accessible folder for Subscriber’s access. All emails, whether transferred to an accessible folder or not will be permanently deleted thirty (30 days after account termination).
PAYMENTS AND BILLING
To avoid any final charge, all Termination Emails must be sent at least 3 days prior to your Auto Renew Date.
Upon proper and timely notice of termination ZappListings.com shall not bill nor charge Subscriber for any future services. Amounts already billed and paid by Subscriber to ZappListings.com shall remain the property of ZappListings.com.
All fees for services provided by ZappListings.com shall be payable by Subscriber on a monthly or yearly recurring basis using the credit card or other billing information supplied to ZappListings.com by Subscriber. Subscribers will continue being billed (Subscriberhereby authorizes ZappListings.com to charge the account provided) either monthly or yearly depending upon their original purchase of services until such time as notice to terminate is given.
If Subscriber should not have a currently active payment plan with in place with ZappListings.com, or if Subscriber’s provided credit card expires or is declined) such Subscriber shall receive a statement of account which is due and payable within five business days. Failure to timely pay will result in a suspension of services including Subscriber’s business and menu listings on all 3rd party websites unless and until such account with ZappListings.com is brought current.
On occasion ZappListings.com may offer discounts and/or free trial periods for new Subscribers only. In those events Subscriber must still provide ZappListings.com with accurate, active billing information. Unless Subscriber shall provide notice of termination as described above, upon the expiration of any trial or discounted billing period, Subscriber authorizes, and ZappListings.com shall begin, automatic, recurring billing and collect payments from Subscriber until such time as Subscriber notifies ZappListings.com of its desire to terminate services as provide above.
In the event ZappListings.com should terminate Subscriber without cause after the 3rd month of service, ZappListings.com shall refund a prorated share of any amounts prepaid for services by Subscriber. In all other cases, prepayments are non-refundable. Should any account be terminated for any reason, ZappListings.com may, at its sole discretion, remove and delete all of Subscriber’s business data from all 3rd party websites without notice to Subscriber.
Both ZappListings.com and Subscriber warrant that they have the right and authority to enter into this agreement and Subscriber warrants that it has such right and authority to bind the business entity it purports to represent.
Subscriber warrants its understanding that ZappListings.com is not responsible nor can it control any part of 3rd party websites and that each Subscriber accepts the services of ZappListings.com at its own risk. Subscriber warrants its understanding that ZappListings.com is not liable for any damages to Subscriber or its business in any way, including but not limited to interruption of service, loss or theft of data.
ZappListings.com makes no other warranties or promises of any kind to Subscriber.