By signing up or using any of the services of Emma Fawcett-Eustace Inc. (“Emma Fawcett-Eustace”), the Emma Fawcett-Eustace user (“you”) are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Emma Fawcett-Eustace under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), by contract (“Proposal Services”) or all. Any such services offered by Emma Fawcett-Eustace are referred to in these Terms of Services as the (“Services”). Any new features or tools which are added to the current Services shall be also subject to the Terms of Service.

Emma Fawcett-Eustace reserves the right to update and change the Terms of Service by posting updates and changes to the Emma Fawcett-Eustace website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement before you may become a Emma Fawcett-Eustace user.

2. Account Terms

1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.

2. To access and use the Services, you must register for a Emma Fawcett-Eustace account (“Account”) by providing your full legal name, Business address, phone number, a valid email address, and any other information indicated as required by the Emma Fawcett-Eustace Sales Department.

3. You acknowledge that Emma Fawcett-Eustace will use the phone number and or email address you provide as the primary method for communication.

4. You are responsible for keeping your password secure. Emma Fawcett-Eustace cannot and will not be liable for any loss, damage, or misuse from your failure to maintain the security of your Account and password.

5. You are responsible and liable for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).

6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of Emma Fawcett-Eustace will result in an immediate termination of your service.

7. Emma Fawcett-Eustace provides cloud-based software to help your flower shop keep track of orders, take payments, and maintain a website.

8. Emma Fawcett-Eustace is responsible for server maintenance, addressing bugs with Emma Fawcett-Eustace software and SSL on the website checkout page.

9. It is the responsibility of the customer to ensure all orders are entered properly, payments are recorded and any applicable credit card payments are deposited.

10. At no time will your data nor your customer’s personal data be sold.

11. The customer is responsible for filling incoming orders and communicating with their customers. Emma Fawcett-Eustace will not interact with customers on your behalf.

3. Account Services

3.1 Emma Fawcett-Eustace Account

The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any correspondent account we may provide to the Account Owner in connection with the Service.

If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

3.2 Deposit

A one-time, non-refundable deposit (see Deposit’ on Cost List) will be collected upon signing up. This deposit will be applied as a credit to your first month’s bill. Successful receipt of the deposit is required to begin using Emma Fawcett-Eustace. Should you choose not to complete onboarding, this deposit is non-refundable.

3.3 Package Pricing

Your package and monthly price can be found in the Billing section of your Emma Fawcett-Eustace Dashboard.

3.4 Billing

Once the website is made live, POS or Advanced Proposal Manager setup is complete (whichever comes first if you are on a combination package), billing will begin. For example, if you have signed up for POS + Web + Proposals and start using the POS + Proposals, you will be billed for only POS + Proposals until the Website is live. For combination packages that include the Advanced Proposals, if the website or POS is live, billing for proposals will begin too. We will grant a 30 day period thereafter to make the other product of your package live or your package will be changed accordingly.

To receive a discount package price, all products of the package must go be live, on billing.

The credit card on file will be charged a prorated amount for the first month and then the recurring package amount will be automatically processed on the 1st of each month. Billing details including price, the credit card on file, and history can be found in the Billing section of your Emma Fawcett-Eustace Dashboard.

3.5 Suspension

Emma Fawcett-Eustace may suspend your service after three attempts to charge the card on file. You will be notified by email and by a note on the top of your Emma Fawcett-Eustace Dashboard of any failed credit card attempts. It is up to you to update the card on file or contact the Billing department to arrange payment.

3.6 Cancellation

Emma Fawcett-Eustace service is offered without a contract and if no contract is signed you may cancel your Emma Fawcett-Eustace package by writing in to email ([email protected]). You may specify a cancellation date of the current day or any date in the future. No prorated refunds are offered if you cancel mid-month.  If you wish to avoid charges for the following month, you must cancel by the last day of the current month. If a contract is signed, the terms of that contract supersede these terms where applicable.

3.7 Change of Ownership

You must notify Emma Fawcett-Eustace if your store is changing owners. An account specialist will coordinate the change.

4. Onboarding

A Emma Fawcett-Eustace Onboarding representative will introduce themselves via welcome email and phone call. They will be your account manager to help you set up your Emma Fawcett-Eustace software. They will provide you with the resources needed to get setup and will work with you for the period between signing up and making your website live, beginning to use the POS or Proposal Manager. After your onboarding is complete, you are entitled to support services as stated in this document.

4.1 Onboarding Representative

Onboarding representatives are generally available by appointment only to ensure their full attention can be given at each appointment. Your onboarding representative will schedule, confirm, and honor any appointments agreed upon. If your representative is running late, they will notify you by phone or email to reschedule or postpone. We aim to keep all appointments but may need to postpone due to circumstances out of our control.

You may contact your onboarding representative at their direct email, at [email protected], or by phone during their specified hours (we have representatives in all U.S. time zones.) Shall your representative not be available at the time you reach out, we aim to contact you within 2 hours of your reaching out to us during the representative’s business hours. Please note your representative has many phone appointments during the day and may not be readily available to answer an unscheduled call or email.

5. Emma Fawcett-Eustace Websites

5.1 Product Images, Images & Banners

Product Images provided by Emma Fawcett-Eustace are licensed by Emma Fawcett-Eustace for your use in the promotional materials in your Emma Fawcett-Eustace POS & Website. Emma Fawcett-Eustace product images may not be modified, altered, adapted, or changed, in whole or in part.

Emma Fawcett-Eustace Product images are copyrighted and can only be used with/on a Emma Fawcett-Eustace Website/ Emma Fawcett-Eustace Website Subscription.

Business can use own Image material or purchased copyright material on their Emma Fawcett-Eustace website. Emma Fawcett-Eustace is not responsible for any fines pursued by the use of images not obtaining copyright or licensing.

Banners are created and licensed by Emma Fawcett-Eustace for your use in the promotional materials on your Emma Fawcett-Eustace website. Emma Fawcett-Eustace banners may not be modified, altered, adapted, or changed, in whole or in part. Emma Fawcett-Eustace provides new banners each year for categories in the Emma Fawcett-Eustace System. Custom banners can be created and used with the use of their own material or purchased copyright material. Emma Fawcett-Eustace is not responsible for any fines pursued by the use of images not obtaining copyright or licensing.

Emma Fawcett-Eustace banners are copyrighted and can only be used with/on a Emma Fawcett-Eustace Website/ Emma Fawcett-Eustace Website Subscription.

Logos created by Emma Fawcett-Eustace and provided to businesses can be used and kept during the duration they are with Emma Fawcett-Eustace. Breaking a contract or leaving Emma Fawcett-Eustace is agreement that the business can no longer use its logo.

5.2 Website Customization

Your Onboarding Representative will provide you with a general introduction on how to set up your website. Your Representative will be available to answer questions that you may have during the setup process. However, they will not personally be responsible for the setup of your website (adding products, adjusting the theme, creating pages, etc.).

You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted, or exhibited on or in connection with your Account (“Materials”). Emma Fawcett-Eustace reserves the right to remove any items from your floral website that we feels that breaks the agreement with Emma Fawcett-Eustace or due to copyright infringement.

Any material that is copyrighted should not be used on your Emma Fawcett-Eustace website. If a business receives a removal letter, it is their Sole responsibility to communicate with the other Business and remove those items from your website and payment of fees (If applicable). Questions about copyright can be forward to Emma Fawcett-Eustace for assistance.

5.3 Product Catalogs

It is your responsibility to upload your shop’s products on your website or POS. Please contact Emma Fawcett-Eustace for available product catalogs and pricing.

(Please note: We do not have the corresponding “recipes” available for product catalog items. pricing of products in additional product catalogs is standard and may need to be adjusted by the shop due to costs. Images for products are provided by the additional product catalog company and not the responsibility of Emma Fawcett-Eustace. )

All product catalogs are non-transferable and you are responsible for all uploaded content.

5.4 SEO Consultation

Emma Fawcett-Eustace offers One (1) 30-minute, complimentary SEO Consultation after your site has gone live. During this meeting, a member of our Success Team will review your website with you. They will offer insight into ways you can improve your website so that you rise higher in search engine rankings. They will also go over the importance of things like Yelp and Google business reviews and how these can affect your website rankings. We do not guarantee any search engine ranking or advice on setting up Google Analytics, Google Ads, or other services.