Eller Media Terms of Service
ACCEPTANCE OF TERMS
By accessing our website, requesting services, or entering into any agreement with Eller Media, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.
1. SERVICES DESCRIPTION
Eller Media provides digital marketing services specifically for senior care communities, including but not limited to:
- Social media management and content creation
- Blog writing and website content
- Search engine optimization (SEO) and local search optimization
- Video strategy and content production
- Newsletter creation and email marketing
- Flyer design and marketing materials
- Website optimization and maintenance
- Performance tracking and reporting
- Strategic consulting for senior care marketing
2. SERVICE TIERS AND PRICING
Our services are provided through monthly retainer agreements:
- Growth Tier ($4,000-$4,500): SEO maintenance, social media management, 1 blog post, monthly reporting
- Accelerate Tier ($5,500-$6,000): Includes Growth services plus 2 additional blogs, content promotion, enhanced analytics
- Dominant Tier ($6,500-$7,000): Includes Accelerate services plus short video content, local SEO, strategic consulting
- All Hands on Deck ($10,000): Comprehensive, full-team integrated marketing approach
All pricing is subject to change with 30 days written notice.
3. PAYMENT TERMS
- Monthly retainer fees are due on the first of each month
- Initial setup fees (if applicable) are due upon contract signing
- Late payments may incur a 1.5% monthly service charge
- Services may be suspended for accounts more than 30 days past due
- All payments are processed through Stripe
- Refunds are not provided for services already rendered
4. CONTRACT TERMS
- Initial contracts are for 6-month terms
- Either party may terminate with 30 days written notice -
Early termination does not relieve client of payment obligations for work completed
- All work product created during the contract period remains the property of the client upon full payment
5. CLIENT RESPONSIBILITIES
Clients agree to:
- Provide timely access to necessary accounts (Google My Business, website CMS, social media platforms, Google Analytics)
- Participate in required strategy sessions and sales team interviews
- Provide feedback and approvals within agreed timeframes (typically 48-72 hours)
- Maintain accurate tracking of lead sources and conversion outcomes
- Attend monthly performance review meetings
- Understand that SEO and video strategies require 4 months of ramp-up time before performance data stabilizes
6. INTELLECTUAL PROPERTY AND CONTENT CREATION
- All original content created by Eller Media becomes the property of the client upon full payment
- Eller Media uses Canva Pro for design work and maintains proper commercial licensing for all elements
- Clients grant Eller Media permission to use created content in portfolios and case studies (with client approval)
- Any pre-existing client materials remain the property of the client
- Eller Media retains the right to use general methodologies and non-confidential strategies developed
7. MEDIA USAGE AND CONSENT
- Client grants permission for Eller Media to create and use marketing materials featuring their facility
- All resident photography/videography requires proper consent forms and HIPAA compliance
- Client may request removal of specific content from Eller Media's marketing materials
- Eller Media will provide media release forms for all on-site content creation
8. CONFIDENTIALITY AND HIPAA COMPLIANCE
- Eller Media maintains strict confidentiality regarding all client business information
- All team members are trained in HIPAA compliance requirements for senior care marketing
- Client data is protected and never shared with third parties without explicit consent
- Confidentiality obligations survive termination of the agreement
9. PERFORMANCE AND RESULTS
- While Eller Media employs proven strategies, specific results cannot be guaranteed
- Performance metrics will be tracked and reported monthly
- Results may vary based on market conditions, competition, and client participation
- SEO and organic growth strategies typically require 3-6 months to show significant results
10. LIMITATION OF LIABILITY
- Eller Media's liability is limited to the amount of fees paid in the preceding 12 months
- We are not liable for indirect, incidental, or consequential damages
- Client acknowledges that digital marketing involves inherent risks and variables beyond our control
- Force majeure events (including platform policy changes) may affect service delivery
11. THIRD-PARTY PLATFORMS
- Services may involve third-party platforms (Google, Facebook, Instagram, LinkedIn, etc.)
- Eller Media is not responsible for changes in third-party platform policies or algorithms
- Client acknowledges that platform suspensions or policy violations may affect campaign performance
- Eller Media will make reasonable efforts to adapt to platform changes
12. TERMINATION
Either party may terminate this agreement:
- With 30 days written notice
- Immediately for material breach (with 10-day cure period)
- Immediately for non-payment after 30 days past due
Upon termination:
- Client retains all paid-for work product
- Eller Media will provide reasonable transition assistance
- All confidentiality obligations remain in effect
- Final invoices are due within 30 days
13. DISPUTE RESOLUTION
- Any disputes will first be addressed through good faith negotiation
- If unresolved, disputes will be settled through binding arbitration
- This agreement is governed by the laws of Iowa
- Any legal proceedings must be conducted in [Your County/State]
14. MODIFICATIONS
- These terms may be updated with 30 days written notice
- Continued use of services after changes constitutes acceptance
- Material changes to pricing or scope require written agreement
15. SENIOR CARE SPECIFIC PROVISIONS
- All marketing materials will comply with senior care industry regulations
- Content will be reviewed for sensitivity and appropriateness for the target audience
- Eller Media maintains knowledge of senior care marketing best practices and compliance requirements
- Special consideration is given to family decision-makers and emotional aspects of senior care placement
16. FORCE MAJEURE
Neither party will be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including but not limited to natural disasters, government actions, or significant changes in digital platform policies.
17. ENTIRE AGREEMENT
These Terms of Service, along with any signed service agreements and privacy policy, constitute the entire agreement between parties and supersede all prior negotiations, representations, or agreements.
CONTACT INFORMATION
For questions about these Terms of Service, please contact:
Darrian Peck: [email protected].
By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
