1. Introduction
Welcome to Elerfine (“Company,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your use of our website and services. By accessing or using our services, you agree to be bound by these Terms.
Business Name: Elerfine
Business Description: Elerfine provides digital marketing services specifically designed for hospice providers. Our Modern Hospice Marketing System helps hospice organizations improve their online visibility through SEO, Google Business Profile optimization, online reputation management, targeted advertising, and lead generation. When you opt in to our services or communications, you can expect to receive messages about digital marketing strategies, industry insights, service updates, appointment reminders, and important notifications related to your marketing campaigns.
2. SMS/Text Messaging Terms
2.1 Program Description
By opting in to receive SMS messages from Elerfine, you agree to receive text messages including but not limited to:
- Marketing and promotional content
- Service updates and notifications
- Appointment reminders
- Campaign performance updates
- Industry news and tips
Message frequency may vary. Message and data rates may apply.
2.2 Opting Out
You can cancel the SMS service at any time. Just text “STOP” to +1 502-233-2588. After you send the SMS message “STOP” to us, we will reply with a confirmation that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
2.3 Getting Help
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at info@elerfine.com.
2.4 Carrier Disclaimer
Carriers are not liable for delayed or undelivered messages. We are not responsible for any delays or failures in message delivery caused by your mobile carrier or any other third party.
2.5 Supported Carriers
This service is available on AT&T, T-Mobile, Verizon, Sprint, Boost, U.S. Cellular, and other major carriers. Service may not be available on all carriers.
2.6 Age Restriction
Some content on this platform is restricted to users who are 18 years of age or older. By accessing age-gated content, you confirm that you meet the minimum age requirement.
3. Services
3.1 Service Description
Elerfine provides digital marketing services for hospice organizations including:
- Search Engine Optimization (SEO)
- Google Business Profile management
- Online reputation management
- Google Ads management
- Website optimization
- Lead capture and tracking systems
- Review generation and management
3.2 Service Terms
- Services are provided on a monthly subscription basis unless otherwise specified
- Client ad spend for Google Ads is paid directly to Google and is separate from our service fees
- Initial commitment period is 3 months, after which services continue month-to-month
- 30-day written notice is required for cancellation after the initial commitment period
3.3 Client Responsibilities
Clients agree to:
- Provide timely access to necessary accounts, websites, and materials
- Respond to requests for information within reasonable timeframes
- Comply with all applicable laws and regulations, including HIPAA
- Review and approve content before publication when required
- Maintain appropriate advertising budgets as outlined in service agreements
4. Payment Terms
4.1 Fees
- Pricing is as outlined in your service agreement
- Payment is due at the beginning of each billing cycle
- Late payments may result in service suspension
- All fees are non-refundable unless otherwise stated in writing
4.2 Client Advertising Spend
- Minimum ad spend requirements are outlined in your service agreement
- Advertising costs are billed directly by Google to the client
- We are not responsible for advertising charges incurred by the client
5. Intellectual Property
5.1 Our Property
All content, materials, and intellectual property created by Elerfine remain our property unless otherwise specified in writing. This includes but is not limited to:
- Marketing strategies and methodologies
- Process documentation
- Proprietary tools and systems
5.2 Client Property
- Clients retain ownership of their branding, existing content, and materials
- Materials created specifically for clients (such as website content, ad copy, etc.) become client property upon full payment
5.3 License
Upon full payment, clients receive a perpetual, non-exclusive license to use deliverables created specifically for them as part of our services.
6. Confidentiality and Data Protection
6.1 Confidential Information
Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of our relationship.
6.2 HIPAA Compliance
- Clients are responsible for ensuring all marketing materials comply with HIPAA regulations
- We will not knowingly collect, store, or transmit Protected Health Information (PHI)
- Clients must obtain appropriate consent before sharing patient testimonials or case studies
6.3 Data Usage
We may use aggregated, anonymized data from campaigns for:
- Service improvement
- Industry benchmarking
- Case studies (with client permission)
7. Warranties and Disclaimers
7.1 Service Warranty
We warrant that services will be performed in a professional manner consistent with industry standards.
7.2 Disclaimers
- We do not guarantee specific results, rankings, or traffic levels
- Marketing performance depends on multiple factors outside our control
- Results described in case studies are not typical and do not guarantee similar outcomes
- We are not responsible for changes to third-party platforms (Google, Facebook, etc.) that may affect campaign performance
8. Limitation of Liability
To the maximum extent permitted by law:
- Our total liability shall not exceed the amount paid by the client in the 12 months preceding the claim
- We are not liable for indirect, incidental, consequential, or punitive damages
- We are not liable for losses resulting from factors outside our reasonable control
9. Indemnification
Clients agree to indemnify and hold Elerfine harmless from any claims, damages, or expenses arising from:
- Client’s breach of these Terms
- Client’s violation of applicable laws or regulations
- Client-provided content or materials
- Client’s marketing practices or business operations
10. Termination
10.1 Termination by Client
- Clients may terminate after the initial 3-month commitment period with 30 days written notice
- Early termination within the commitment period may result in early termination fees
10.2 Termination by Elerfine
We reserve the right to terminate services immediately if:
- Client breaches these Terms
- Client fails to pay invoices
- Client engages in illegal or unethical practices
- Continuing the relationship would violate our values or expose us to legal risk
10.3 Effect of Termination
Upon termination:
- Client access to our systems and tools will be revoked
- Outstanding invoices become immediately due
- Client retains ownership of deliverables for which they’ve paid
- We will provide reasonable cooperation for service transition
11. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of our services after changes constitutes acceptance of modified Terms.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms are governed by the laws of Kentucky, without regard to conflict of law principles.
12.2 Dispute Resolution
Any disputes shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
13. General Provisions
13.1 Entire Agreement
These Terms, together with any executed service agreement, constitute the entire agreement between parties.
13.2 Severability
If any provision is found unenforceable, the remaining provisions remain in full effect.
13.3 No Waiver
Failure to enforce any provision does not constitute a waiver of that provision.
13.4 Assignment
Clients may not assign their rights or obligations without our written consent. We may assign our rights and obligations with notice to the client.
13.5 Force Majeure
Neither party is liable for failure to perform obligations due to circumstances beyond reasonable control.
14. Contact Information
For questions about these Terms, please contact:
Elerfine
Email: info@elerfine.com
Website: Elerfine.com
By using our services or opting in to our communications, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
Note: These Terms and Conditions are provided as a general template. We recommend having them reviewed by a qualified attorney licensed in your jurisdiction to ensure they adequately protect your business and comply with all applicable laws.