The Real Estate Attention Superpack
Terms and Conditions
The following outlines the terms and conditions of usage of "The Real Estate Attention Superpack", a product of Moody and Smith Digital. You must read, understand and accept the following before purchasing the aforementioned product. If you agree to what you read below, you must check the acceptance field on the payment page to acknowledge that you have agreed. We intend this to be a legal equivalent of your signature on a written contract, and equally binding. Only by checking the acceptance field will you be able to access and use "The Real Estate Attention Superpack".
I. About the jargon on this page
The terms “product” and “system” refer to “The Real Estate Attention Superpack” and the totality of its services and add-ons, as described on its sales page, brochure and promotional materials.
The terms “you”, “user” and “users” refer to the buyer of the product and its legal representatives.
“We” and “us” refer to Moody and Smith Digital, its staff, contractors and associates.
II. Product deliverables
The full list of deliverables for this product are listed on the product sales page and product brochure. If you are a paid user of this product, we will not modify your deliverables list without notifying you. For non-paying, prospective users, we reserve the right to change the product deliverables list at any time, without warning.
We will create at least 1 and up to 3 social media posts per day. Of these 3 posts, 1 will be standard and 2 will be custom.
A standard post is one whose content and nature is in our control. They are called ‘standard’ because although their content will change from one post to the next, their nature will rarely change. We will never intentionally post something to harm your business or reputation.
A custom post is one whose content is in your control. Before we create and/or post a custom post, we will need to receive its content from you, via our content submission form or via email.
Content submission & deadlines
You can send us the content you wish to see used in your custom posts, via our content submission form. The deadline for sending us publishable content is 48hrs before its desired publishing date.
To achieve visual and branding consistency across your social media channels, we will standardise the look and feel of your posts. We will achieve this using a set of custom graphic templates, which we will send to you for approval.
The approval process may include up to 2 correction rounds. A correction round is a single correspondence that describes desired changes on one or multiple graphic files. You are entitled to 2 of such correspondences during the template approval stage.
If you do not respond to our template approval request within 4 days of us sending it to you, all templates in the request will be considered approved. That is, we will use them to create your social media posts.
Access and ServicesYour access to the various deliverables and services available with this product depends on the subscription and/or add-ons you select. You may change or discontinue your account at any time by providing one calendar months’ notice subject to our terms and conditions on your selection of service. We reserve the right to modify, suspend or terminate access to the service on our system at any time for any reason without notice or refund, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system.
Fees and PaymentWe will charge you a standard monthly fee for using our system as well as additional fees depending on the subscription level and/or addons you have selected. You should review the complete and current price list before signing up for any services. You will be given the opportunity to pay by credit card or by debit card when you sign up. You can cancel your account at any time by providing one calendar months’ notice, but you will remain liable for all charges accrued up to that time, including full monthly charges for the notice period. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will provide you with at least one month’s advance notice of change.
You may cancel your subscription at any time, provided it is no later than 1 month before your subscription renewal date.
IV. System Rules
You agree to be bound by certain rules that are important for the proper use of this service. Your failure to follow these rules and/or applicable laws, whether listed in the terms of this contract or in bulletins posted at various points in the system, may result in termination of your service.
V. Privacy Considerations
We reserve the right to copy and distribute to third parties any information associated with your activities on this. Therefore, you should not expect to have a right to privacy in any of your communications on the system.
VI. Proprietary Rights
Your use of our product affords you access to many of the features of our product, but some aspects of our product remain within our exclusive proprietary control. We or our suppliers own the intellectual property rights to any and all protectable components of our product, including but not limited to the computer software, the related documentation, the end-user interfaces, the name of our product, many of the individual features, and the collective works consisting of all communications on our system without our permission. In addition, you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the product that we or our suppliers own.
VII. Limitation of Liability
You must bear the risk of any liability to your use of our product. Your use of our product is entirely at your own risk. We will not be held be held responsible by you or any third party for any direct or indirect, consequential, special or punitive damages or losses you may incur in connection with our product, your use thereof or any of the data or other materials transmitted through or residing on our system, regardless of the type of claim or the nature of the cause of action, even if we [or not] have advised of the possibility of such damage or loss.
You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorney fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or nature of the cause of action.
IX. Disclaimers of Warranty
This system is provided ‘’as is’’ and we make no warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty, or representation, whether oral, in writing or electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the product.
X. Choice of Law
You agree that this Agreement shall for all purposes be governed by and construed in accordance with the applicable laws of the Republic of South Africa, and that any action arising out of this Agreement shall be litigated and enforced under the laws of the Republic of South Africa. In addition, you agree to submit to the applicable jurisdiction of the courts of the Republic of South Africa, and that any legal action pursued by you shall be within the exclusive said jurisdiction.
This Agreement represents the entire understanding between both contracting parties mentioned herein regarding your relationship to your subscription and supersedes any prior statements or representations. If you agree to be bound by these terms, please check the acceptance field on the payment page. If you do not agree to the terms of this Agreement, do not check the aforementioned field and logoff from the system.