General Terms of Service

This website is offered as a free service to you. Your use of this website constitutes your agreement to all the terms of use contained in this document and the Privacy Policy. Agency Couture is also commonly referred to as aCo Digital, aCo, or aCo.Digital. 


The information that is made available on this website is intended for general information purposes only and is provided on an ‘as is’ basis without any warranties of any kind. Neither we, nor any of our associated Companies, accepts any liability for any loss arising as a result of reliance on the information contained on this website.


  1. This website is owned by Agency Couture, LLC and is protected by copyright and database rights. You acknowledge that all trade marks (registered or unregistered) used in providing this service shall remain the property of Agency Couture, LLC at all times.
  2. You shall not copy, adapt, exploit or otherwise use the information contained on this website in any way, save for the downloading and temporary storage of one or more of these pages for the purpose of viewing on a personal computer or terminal, provided that you do not delete any copyright and other proprietary notices contained therein.
  3. Any decision made in relation to purchasing merchandise and/or services as a consequence of information obtained from our website is your sole responsibility. The only assurance that we can give concerning the accuracy of the information is to state that all reasonable endeavours are made to remove incorrect information from the website as soon as we are able to.
  4. We may make improvements or changes to the products, services and prices detailed on this website at any time without notice.
  5. Whilst we retain the right to establish any hypertext links between this website and any third party website at our discretion, you agree that you will not create any hypertext links or deep links between this website and any third party website without our express written consent.
  6. If you choose to use such a link as detailed in Clause 5 then you will leave this website. Once you leave this website, whether or not you realise that you are leaving, we are no longer in any way responsible for the material on the other website that you enter. We exclude to the fullest extent permitted by law all liability that may arise in connection with or as a result of such external website material causing any damage, costs, injury of financial loss of any kind.
  7. You must not disclose to or allow any other person to use your user name and password.
  8. All tools and white label tools, processes, presets, and intellectual property (regardless of whether or not it is white labeled) is considered the property of Agency Couture, LLC. By utilizing the toolset you understand that you do not own the access rights, data, setup, or tools themselves. You may utilize your own versions of our toolset upon cancellation or maintain a separate toolset but you will not receive access to workflows, automations, processes or other IP. Upon cancellation, you will be required to pay your final bill then you will be sent a copy of any client lists, data, and IP. Agency Couture is not required to give you access to our versions of the tools or work for any client. All copyright and intellectual property is solely owned by Agency Couture unless expressly documented in an intellectual property hand off document 
  9. If you lose, forget or misplace your user name and/or password then we are under no obligation to reissue you with this information.
  10. You agree that you will not use this website to:
    • commit or encourage any criminal offence, including but not limited to harming a minor in any way and stalking or harassing another;
    • collect or store personal data about other users;
    • insert or knowingly or recklessly transmit or distribute a virus, worm, trojan horse, time bomb, trap door or any other computer code, files or programs or repetitive requests designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of or impair the functionality of this website;
    • upload, post, e-mail or otherwise transmit or post links to any content that facilitates hacking; hack into any aspect of this website;
    • upload, post, e-mail or otherwise transmit links to any content that infringes the intellectual property rights of any third party;
    • circumvent, or attempt to seek to circumvent, any of the security safeguards of this website; cause annoyance to other people accessing this website;
    • send any unsolicited advertising or other promotional material, commonly referred to as ‘spam’, ‘junk mail’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation by e-mail or by any other electronic means; send e-mail or any other type of electronic message with the intention or result of affecting the performance or functionality of any computer facilities;
    • permit any third party to do any of the above.
  11. While we try and ensure that all information on this website is accurate and up to date, errors may occur and we accept no liability for such errors. If we discover an error we will amend the website as soon as reasonably possible.
  12. We neither warrant nor represent that your use of this website will not infringe the rights of third parties.
  13. We are interested in protecting your personal information and we only use your personal information in accordance with our Privacy Policy.
  14. You have sole responsibility for adequate protection and backup of data and/or equipment used by you in connection with this website and will not make a claim against Agency Couture for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of such materials. We recommend that you make frequent backups of all personal and business data that you are otherwise contributing to our sites, applications, and storage and make no gaurantees to the storage of data herein.
  15. We may edit this policy from time to time. If we make any substantial changes we will notify you by posting a prominent announcement on our pages.
  16. Agency Couture reserves the right to refuse access to this website or any component of it. Agency Couture may at any time, at the discretion of management, refuse access to certain areas of this website to any individual it chooses – this refusal of access may take whatever form the management deem suitable.
  17. These terms shall be governed by and construed in accordance with US law and subject to the exclusive jurisdiction of the court system of Polk County or Marion County Iowa, USA. If you have any queries regarding this website or the information contained on it, please contact the website administrator by e-mail at support@aco.digital.
  18. This website is controlled and operated by Agency Couture from the United States of America. Agency Couture makes no representations that materials in this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so at laws, if and to the extent local laws are applicable. No material from this website may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to US exporting restrictions/legal or socio-economic sanctions.
  19. If you have any questions about our Privacy Policy, the Terms & Conditions or any other aspect of this website please contact us in writing at: P.O. Box 422 Knoxville, Iowa 50138
  20. Any contractual agreements will be in writing and signed by both parties. Any agreements verbal, message, text or otherwise will not be considered legally binding or hold ACO, it's owner, partners, affiliates, or employees to any obligations up to the full extent allowable by law. 
  21. Tools are at the discretion of Agency Couture

Refunds

All Charges are non-refundable and apply at all times regardless of Application usage or termination of usage.

ACO in its sole discretion may offer refunds on a case by case basis.

Service Rules

You agree to refrain from engaging in any of the following prohibited activities:

Modifying, altering, reproducing, copying, distributing, or disclosing any confidential part of the Services in any medium (including but not limited to any information that you are aware or unaware of due to its confidentiality; information whose origin is unknown should be treated as confidential);

Attempting to interfere or interfering with system integrity or security;

Attempting to upload or uploading any virus, worm, code (malicious or otherwise), or other software through the Services; and 

Attempting to seek or provide a service that ACO has classified as a "Zero Tolerance Service" in ACO's Zero Tolerance Policy.

Failure to comply with the terms of this Section 4 may result in your inability to access the Services or other forms of termination of access to the Services.

Indemnity

You are responsible for your use of the Services, and you agree to defend, indemnify, and hold Agency Couture, including our affiliates, subsidiaries, parents, successors, partners, contractors, assistants, and assigns, and each of our respective officers, directors, employees, independent contractors, agents, and shareholders, harmless from any claims, actions, suits, losses, costs, liabilities, and expenses (including reasonable attorneys' fees and costs) relating to or arising out of your use of and participation in the Services, including:

your breach of these Terms or the documents incorporated herein by reference; 

your violation of any law or regulation or the rights of a third-party, including, without limitation, Fulfillers, Users, other motorists, and pedestrians, as a result of your own interaction with such third-party;

any allegation that any materials that you submit to us or transmit through the Services infringe upon or otherwise violate the copyright, trademark, patent, trade secret, or other intellectual property or other rights of any third-party; 

your ownership, use, or operation of a motor vehicle or passenger vehicle, or any other relevant tools (including but not limited to: laundry machines, cleaning equipment, or stationary or technical equipment), including your provision of Services as a Fulfiller; and/or 

any other activities in connection with the Services. 

The indemnity provided for in this section shall be applicable without regard to the negligence of any party, including any indemnified person.

Tools and Pricing

Tools and Pricing

Additional user license fees may apply (each additional user)

Multiple brands may require additional licenses

All packages and tools include taxes

Tool pricing is subject without notice to changes based on vendor pricing

Tool setup may take up to 12 months

Tool cancellation requires setup


Digital Adivsory

Digital advisory retainer requires tool subscription.

Domain management is required for email and single sign on (SSO)

Team is available for up to 2 hours of training or meetings weekly

For support use website chat or Facebook Business Messenger at http://facebook.com/agencycouture (support portal coming soon)


Virtual Assistant

Requires tool subscription


Additional terms and conditions apply. See contracts or terms of service for details.

Liability Boundaries

IN NO EVENT WILL AGENCY COUTURE, LLC, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS, AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, OR SHAREHOLDERS (COLLECTIVELY "ACO" FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, FINANCIAL LOSS ARISING FROM USING THE SERVICES, FINANCIAL LOSS ASSOCIATED WITH FULFILLERS FAILING TO COMPLETE TASKS, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING, INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT ACO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS, OR OTHER SERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THEIR TERMS. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Dispute Resolution and Arbitration Agreement

As part of the agreement to lawfully permit the use of the Services in the manner disclosed in these Terms, you the User will be required to resolve disputes with ACO on an individual basis through determent, final, and binding arbitration. By entering into these Terms you fully acknowledge that you have read and understand the provisions of these Terms and have exercised reasonable caution in considering the consequences of consenting to these Terms. YOU AND ACO MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, OR AS OUTLINED IN SIGNED SERVICE CONTRACTS.
Agreement to Binding Arbitration Between You and AGENCY COUTURE, LLC
This agreement to arbitrate (the "Arbitration Agreement") is governed by the Federal Arbitration Act and survives after the Terms terminate or your relationship with ACO ends. ANY ARBITRATION UNDER THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, the Arbitration Agreement applies to all Claims (defined below) between you and ACO, including our affiliates, subsidiaries, parents, successors, and assigns, and each of our respective officers, directors, employees, independent contractors, agents, and shareholders.
EXCEPT AS EXPRESSLY PROVIDED BELOW, ALL DISPUTES AND CLAIMS BETWEEN US (EACH, A "CLAIM," AND COLLECTIVELY, "CLAIMS") SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND ACO. These Claims include but are not limited to any dispute, claim, or controversy, whether based on past, present, or future events, arising out of or relating to: these Terms and prior versions thereof (including the breach, termination, enforcement, interpretation, or validity thereof), the Services, any other goods or services made available through the Services, your relationship with ACO, the threatened or actual suspension, deactivation, or termination of your User Account or these Terms, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by ACO, any city, county, state, or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws, claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act, and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act of 1974 (except for individual claims for employee benefits under any benefit plan sponsored by ACO and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND ACO ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THE ARBITRATION AGREEMENT. The Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of the Arbitration Agreement are expressly excluded from the requirement to arbitrate.

Prohibition of Class Actions and Non-Individualized Relief.

YOU UNDERSTAND AND AGREE THAT YOU AND ACO MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS ("CLASS ACTION WAIVER"). YOU UNDERSTAND AND AGREE THAT YOU AND ACO BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (C) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST ACO.

The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis.

Notwithstanding any other provision of these Terms, the Arbitration Agreement, or the AAA Rules (defined below), disputes regarding the scope, applicability, enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action, and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, the class, collective, and/or representative action on such Claims must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.

Representative PAGA Waiver. Notwithstanding any other provision of these Terms or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and ACO agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 ("PAGA"), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the PAGA, both you and ACO agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, "representative PAGA Waiver"). Notwithstanding any other provision of the Terms, the Arbitration Agreement, or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from these Terms; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
  • Rules Governing the Arbitration.
    1. Any arbitration conducted pursuant to the Arbitration Agreement shall be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated (the "AAA Rules"), as modified by the provisions set forth in these Terms. Copies of the AAA Rules can be obtained at the AAA's website (www.adr.org) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person's Claims or otherwise preside over any form of representative, collective, or class proceeding.
    2. As part of the arbitration, both you and ACO will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator's decision which shall explain the award given and the findings and conclusions on which the decision is based.
    3. The arbitrator will decide the substance of all claims in accordance with applicable law and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users or Fulfillers but is bound by rulings in prior arbitrations involving the same User or Fulfiller to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
  1. Location and Manner of Arbitration. Unless you and ACO agree otherwise (or is documented in a contract or service agreement), any arbitration hearings between ACO and a User will take place in the county of your billing address, and any arbitration hearings between ACO and a Fulfiller will take place in the county in which the Fulfiller provides Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. If your Claim is for $10,000 or less, ACO agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the AAA Rules. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

      Exceptions to Arbitration.

    1. The Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court's jurisdiction; (2) a representative action brought on behalf of others under the PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 9(d) of such action is deemed unenforceable by a court of competent jurisdiction; (3) claims for workers' compensation, state disability insurance, and unemployment insurance benefits; and (4) claims that may not be subject to arbitration as a matter of law.
    2. Nothing in the Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or similar local, state, or federal agency, and nothing in the Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration; however, you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under these Terms. Nothing in these Terms or the Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim, or charge otherwise covered by the Arbitration Agreement.
  1. Severability. In addition to the severability provisions in subsection (d) above, in the event that any portion of the Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed, and the remainder of the Arbitration Agreement shall be given full force and effect.
  2. Fulfiller Claims in Pending Settlement. If you are a member of a putative class in a lawsuit against ACO involving Fulfiller Claims and a motion for preliminary approval of a settlement has been filed with the court in that lawsuit prior to the Effective Date (a "Pending Settlement Action"), then the Arbitration Agreement shall not apply to your Fulfiller Claims in that particular class action. Instead, your Fulfiller Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable agreement that you accepted prior to the Effective Date.

Cancellation

  • Early cancellation
    1. No refunds will be issued in the event of termination or early cancellation. All sales are final. Tools and retainer agreements are due in full within 30 days of cancellation. 
    2. In the event that a client terminates services early or goes without payment for more than 30 days they may be issued a fee of $50 per month for every month past due; or the maximum allowable by law. 
    3. If a client cancels without payment and has a card on file, they may be billed for the full term of the existing contract plus late fees upon early termination. In the event that the card on file fails or is cancelled, the bill will be sent to collections and the client agrees to pay any and all fees for collections, legal fees, and court costs to settle the bill. 
    4. Client agrees upon termination not to share proprietary information, intellectual property or other information publicly or privately. Further agrees not to utilize the toolset, customizations, contact list, or intellectual property of Agency Couture, clients, partners or successors to create a competing business. Remedies Client agrees that any violation or threatened violation of this agreement by the receiving party will cause irreparable injury to Agency Couture, entitling Agency Couture to obtain injunctive relief ini addition to all legal remedies. The obligations of the Client shall survive until the time any confidential information becomes publicly known and made generally available through no action or inaction of the Client. 
    5. Severability. In addition to the severability provisions in subsection (d) above, in the event that any portion of the Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed, and the remainder of the Arbitration Agreement shall be given full force and effect.
    6. Client agrees that during the engagement and for a period of (3) three years after termination of the contract, without Agency Couture's express written consent, Client shall not directly or indirectly, employ, solicit for employment, or recommend for employment any person employed by Agency Couture or any affiliates; and will not engage in any present or contemplated business activity that is or may be competitive with Agency Couture and affiliates in any state where Agency Couture conducts its business, unless the party can prove that any action take in contravention of this subsection was done without the use in any way of confidential information.
    7. Client agrees not to issue a chargeback for any reason. If Agency Couture receives a chargeback or failed payment the client agrees to pay any fees associated to recover lost funds as well as cost of time for recovering lost payments including accounting team, collections, legal fees, billing fees and administrative wages at the maximum allowable by law.

Force Majeur

Neither party will be liable for any delays in processing or other nonperformance caused by telecommunications, utility, failures, or equipment failures; labor strife, riots, war, or terrorist attacks; key team members quitting or being sick; nonperformance of our vendors or suppliers, fires or acts of nature; or any other event over which the respective party has no reasonable control. However, nothing in this section will affect or excuse your liabilities or your obligation to pay Fees, Fines, Disputes, Refunds, Reversals, or Returns under this Agreement.

Intellectual Property

  • All intellectual property rights in the Services shall be owned by AGENCY COUTURE, LLC absolutely and in their entirety. These rights include but are not limited to database rights, copyrights, patents, trade secrets, design rights (whether registered or unregistered), trademarks (whether registered or unregistered), and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, and company or product names set forth in the Services are the property of their respective owners. 
  • You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, photos, images, videos, data, or other information or materials ("Submissions") provided by you to us are non-confidential and shall become the sole property of AGENCY COUTURE, LLCAGENCY COUTURE, LLC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You are solely responsible for your Submissions. Your Submissions may not be false, materially misleading, libelous, defamatory, obscene, vulgar, abusive, harassing, threatening, or otherwise objectionable, invade a person's privacy, infringe another person's intellectual property or proprietary rights, or otherwise violate applicable law. You represent and warrant that you own or otherwise control all of the rights to your Submissions; that the use of such materials by AGENCY COUTURE, LLC will not infringe upon or violate the rights of any third-party; and that you will indemnify AGENCY COUTURE, LLC for all claims resulting from your Submissions.

Website Design and Hosting Terms

1. Website Hosting Payment Terms: Billing for website hosting service will commence when the website hosting service is created, prior to development of a new website project. Website hosting services are invoiced monthly. Payment is due by the date specified in your contract.  Termination of Website Hosting Services with Agency Couture requires a 30-day advance notification via phone, e-mail or postal mail. If a customer chooses to activate their domain name through Agency Couture, their domain name registration will expire with their hosting service. Agency Couture reserves the right to change the rates by notifying customers 30 days in advance of the effective date of the change. Agency Couture reserves the right to cancel hosting service at any time.


2. Website Hosting Pre-Payment Terms: Agency Couture may offer a discount for paying an entire year of hosting service up front. Refunds will not be issued in the case that a customer cancels their hosting service before the period they have pre-paid for.

Email & Text Messaging

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Additional Legal Terms

1. Right to Amend

We have the right to change or add to the terms of this Agreement at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Services by posting such changes on our website or any other website we maintain or own. We will provide you with Notice of any changes through the Dashboard, via email, messenger, meetings or through other reasonable means. If you are an existing client, the changes will come into effect 7 days after we post the changes to our website, and your use of the Services, API, or Data more than 7 days after we publish any such changes on our website, constitutes your acceptance of the terms of the modified Agreement. You can access a copy of the current terms of this Agreement on our website at any time. You can find out when this Agreement was last changed by checking the “Last updated” date at the bottom of the Agreement.

2. Assignment

You may not assign this Agreement, any rights or licenses granted in this Agreement, or operation of your Account to others without our prior written consent. If you wish to make such an assignment, please contact us. If we consent to the assignment, the assignee must agree to assume all of your rights and obligations owed by you related to the assignment, and must agree to comply with the terms of this Agreement. Agency Couture may assign this Agreement without your consent or any other restriction. If we make an assignment, we will provide reasonable Notice to you.

3. Right to Audit

If we believe that a security breach, leak, loss, or compromise of Data has occurred on your systems, website, or app affecting your compliance with this Agreement, we may require you to permit a third-party auditor approved by us to conduct a security audit of your systems and facilities, and you must fully cooperate with any requests for information or assistance that the auditor makes to you as part of the security audit. The auditor will issue a report to us which we may share with our Payment Method Providers and Payment Methods Acquirers.

Last Updated August 16, 2021