Acceptance of Terms
By subscribing to OffshoreUp LLC’s (“we,” “us”) services through any of our websites (www.offshoreup.com) (www.smm.offshoreup.com) or through any means of communications with OffshoreUp LLC, you (“Client”) irrevocably agree to these Terms. Continued use constitutes acceptance of future revisions.
1. Collaboration & Communication
1.1 Service Delivery
OffshoreUp will use commercially reasonable efforts to deliver services.
Final Approval: Client’s approval of deliverables is absolute and irrevocable, waiving all rights to future revisions.
Delays caused by Client feedback or inaction do not pause billing cycles or warrant refunds.
1.2 Third-Party Platform Limitations
Client assumes full responsibility for:
Social media account access, passwords, and compliance with platform rules.
Technical issues (e.g., API errors, bans) on third-party platforms.
OffshoreUp is not liable for platform-related disruptions but will assist with troubleshooting.
1.3 Scheduling & Posting
No Refunds for Technical Failures: Scheduling is a complimentary service. Connectivity issues require manual posting by Client.
OffshoreUp cannot post content until at least one social media account is connected.
1.4 Support
Support is provided exclusively via email: (info@offshoreup.com) Phone support is excluded.
1.5 Client Delays
Failure to complete onboarding converts payments to non-expiring credits (no refunds).
Billing cycles proceed uninterrupted, regardless of Client delays.
1.6 Feedback & Approval
Unapproved content is automatically deemed accepted after 30 days.
No replacements for time-sensitive posts delayed by Client inaction.
1.7 Termination for Abuse
OffshoreUp reserves the right to terminate accounts immediately for abusive behavior. All fees are forfeited.
1.8 Client Obligations
Client must:
Monitor account connections and posting status.
Provide timely, actionable feedback (silence voids cancellation rights).
Notify OffshoreUp of password/access changes within 24 hours.
1.9 Content Storage
Deliverables are stored for 90 days post-delivery. OffshoreUp may delete content afterward without notice.
2. Refund Policy
All services are non-refundable. Fees compensate labor, not satisfaction guarantees.
Exceptions: Credits may be issued solely at OffshoreUp’s discretion if we fail to deliver ≥1 post/month.
No refunds for:
Connectivity issues, platform bans, or Client dissatisfaction.
Errors (e.g., typos, scheduling mistakes) if Client approved deliverables.
- See our complete refund policy here
3. OffshoreUp’s Rights
3.1 Service Modifications
We may modify services, pricing, or policies at any time without prior notice.
Right to Refuse Service: We may terminate accounts for any reason, including perceived legal/brand risks.
3.2 Intellectual Property
Client grants OffshoreUp a royalty-free, perpetual license to use Client’s logo/social links for marketing unless opted out in writing.
4. Fees & Payment
4.1 Payment Terms
Fees are due in full, in advance. Automatic monthly renewals apply until cancellation.
Non-Payment: Services are suspended immediately for overdue invoices.
4.2 Cancellation
Cancel via email only by sending a cancellation request to info@offshoreup.com . No prorated refunds.
Post-cancellation access to deliverables ends immediately.
4.3 Resellers & Agencies Liability
Resellers & Agencies indemnify OffshoreUp against non-payment by their clients.
5. Legal Protections
5.1 Disclaimer of Warranties
Services are provided “AS IS” without warranties of any kind. We expressly disclaim merchantability, fitness for purpose, and non-infringement.
5.2 Limitation of Liability
OffshoreUp’s liability is capped at the lesser of (a) fees paid in the prior month or (b) $500.
Excluded Damages: We are not liable for lost profits, data, or indirect/consequential damages.
5.3 Indemnification
Client will indemnify OffshoreUp against all claims arising from:
Breach of these Terms.
Third-party disputes (e.g., copyright infringement, defamation).
Use of social media platforms or Client-provided assets.
6. Dispute Resolution
6.1 Governing Law
Governed by Illinois law without regard to conflict of laws.
6.2 Mandatory Arbitration
Disputes must be resolved via binding individual arbitration (no class actions).
6.3 Credit Card Disputes
Disputing valid charges incurs a $50 penalty fee + full reimbursement of dispute costs.
OffshoreUp may delete all deliverables and refer unpaid disputes to collections.
6.4 Legal Enforcement
Threats of chargebacks, negative reviews, or extortion will result in legal action for damages + injunctive relief.
7. Miscellaneous
7.1 Confidentiality
Confidential information is protected for 2 years post-termination. Unauthorized disclosure triggers liability.
7.2 Amendments
Updated Terms are effective immediately upon posting. Continued use constitutes acceptance.
7.3 Severability
If a provision is invalid, the remainder of the Terms remain fully enforceable.