Socialkash Service Agreement -

Socialkash Service Agreement

Socialkash Service Agreement

Introduction

Socialkash helps artists, brands and companies find, gain, engage with their followers, prospective customers and industry professionals through social media. Our services are designed to help you with your career and business expansion by uncovering various opportunities available on the social media.

This Service Agreement constitutes a binding contract between you (“Subscriber” or “Customer” or “you”) and Socialkash (“Company” or “We” or “Our”), regarding the terms under which the Company will provide Subscriber with access to social media marketing services on a monthly basis through the Company’s site located at www.Socialkashmedia.com (“Site”)

1. Terminology

a)“Effective Date” – refers to the date that the Company confirms Subscriber’s right to receive the Service.

b)“Gift Subscription” – refers to a right to use the Service as a recipient of a gift, i.e., the recipient does not have to provide credit/debit card information during the registration process. The sender of the Gift Subscription is not deemed a Subscriber but the recipient of a Gift Subscription will be deemed a Subscriber upon Acceptance of this Service Agreement.

c)“No Fee Trial” – refers to a temporary right to use the Subscription Website at no charge during the permissible No FeeTrial period and in accordance with any applicable terms, including, but not limited to, Acceptance of this Service Agreement. A No Fee Trial may or may not require the insertion of credit/debit card information.

d)“Subscriber” – also referred to as “Member”, refers to an individual/entity/organization/ institution that has the right to access the Subscription Service via a Subscription Fee (“Paid Subscription”), Gift Subscription, No Fee Trial, or other basis. A Subscriber must be at least 18 years of age or, as applicable, the age of majority in the country, state or other jurisdiction in which the Subscriber resides (and if a minor, have the permission of a parent or legal guardian to access the Subscription Website), and possess the legal right and ability to enter into binding contracts.

2. Confidentiality

Pricing Confidentiality: Company and Subscriber agree that the content and pricing of this contract is commercially sensitive, and that they therefore agree to keep the information entirely confidential and further agree they will not share this information with any third party under any circumstances.

Each party that receives Confidential Information (a “Recipient”) from the other party (a “Discloser”) agrees not to use any Confidential Information (as defined below) for Recipient’s own use or for any purpose other than to carry out the subject matter of this Agreement. Recipient shall not disclose any Confidential Information of Discloser to third parties. Recipient agrees to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Discloser in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized hereunder to have any such information. Recipient further agrees to notify Discloser in writing of any actual or suspected misuse, misappropriation or unauthorized disclosure of Discloser’s Confidential Information which may come to Recipient’s attention.

“Confidential Information” means any information, technical data or know-how, including, but not limited to, information relating to business and product or service plans, financial projections, customer lists, business forecasts, sales and merchandising, human resources, patents, patent applications, computer object or source code, research, inventions, processes, designs, drawings, marketing or finance to be confidential or proprietary or which information would, under the circumstances, appear to a reasonable person to be confidential or proprietary. Confidential Information does not include information, technical data or know-how which: (i) is in the possession of Recipient at the time of disclosure, as shown by Recipient’s files and records immediately prior to the time of disclosure; or (ii) becomes part of the public knowledge or literature, not as a direct or indirect result of any improper inaction or action of Recipient.

3. Fees

Company reserves the right to modify its fees and charges and introduce new charges at any time; however, such fee changes will not apply during the current Agreement term.

3.1 Setup, Subscription Fee

Subscriber agrees to pay the appropriate fee corresponding to the particular Services that it wishes to access for the applicable Subscription Term (“Subscription Fee”).

The Company reserves the right to change the Subscription Fee, Setup Fee with respect to a Renewal Term with prior written notification. Setup fees are non-refundable and non-cancellable. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

Generally, all fees and charges are nonrefundable and there are no refunds or credits for partially used periods. An exception we may consider is providing a refund when we’ve updated your payment information and there are good reasons to believe that you did not intend for an update to be made. Also, under the laws applicable in your jurisdiction, Premium Account subscribers may qualify for a refund if requested during a short period of time after the beginning of the subscription. For example, citizens of the European Union are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription service starts, which in the event of free trial promotions happens before you are first charged, and so there may be no fees paid to be refunded.

3.2 No Fee Trial

If Subscriber cancels a No Fee Trial before it expires, Subscriber’s credit/debit card will not be charged. If Subscriber does not cancel before expiration of the No Fee Trial, Subscriber will automatically be enrolled in the appropriate membership (depending on Subscriber’s No Fee Trial sign-up choice), and Subscriber’s credit/debit card will be billed accordingly.

3.3 Gift Subscription

If Subscriber receives a Gift Subscription, Subscriber shall not be required to provide the Subscriber’s billing information.

4. Payments

a) Payment Details

Recurring charges are billed in advance of service.

Subscriber agrees to provide the Company with valid, up-to-date and complete debit/credit card, contact and billing details. Subscriber further authorizes the Company to bill such debit/credit card on the Effective Date (and corresponding Renewal Dates, if appropriate) for the Subscription Fee due for the Subscription Term (and Renewal Term). If, for any reason, Subscriber’s credit/debit card company refuses to pay the amount billed for the Services, Subscriber agrees that Company may, at its option, suspend or terminate Subscriber’s subscription to the Services and require Subscriber to pay the overdue amount by other means acceptable to the Company. Company may charge a fee for reinstatement of suspended or terminated accounts.

Subscriber agrees that until its subscription to the Services is properly terminated, it will continue to accrue charges for which it remains responsible, even if it does not use the Services. In the event legal action is necessary to collect on balances due, Subscriber agrees to reimburse the Company for all expenses incurred to recover sums due, including attorney fees and other legal expenses. Unless otherwise expressly stated, all fees are stated in United States dollars.

b) Taxes

Subscriber is responsible for all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against the Company.

c) Reinstatement Fee (Suspended or Terminated accounts)

Reinstatement fee may be applicable if subscriber wishes to resume service after membership is suspended due to non payment. Full Setup fee may be required if your membership is terminated. Please see the Term and Termination clause below.

d) Upgrade/Downgrade Fee

You may request your membership upgrade/downgrade during the term, the change may be applied to the upcoming term and the set up fee difference may be required for an upgrade. The setup fee difference is not refundable for a downgrade. The new monthly fee will be applied for the new billing cycle.

If you wish to upgrade/downgrade your membership level during the term, revision fee may apply.

5. Revision Policy

a) Service Order Verification (24 Hours)

Subscriber shall verify the initial service order by replying to the confirmation email or no replies to the confirmation email within 24 hours after the initial service order submitted will be considered as approval.

The Company may process the service within 24~72 hours after receiving the initial service order form and when payment has been received and cleared. Company may provide 1 free revision to the service order form if requested within 24 hours after the initial service order.

Any revisions or additional requests made 24 hours after initial service order or verification will be subject to additional fees listed in section (b) below.

b) Revisions/Updates

The purpose of Revision/Updates is to: i) make minor adjustments to the service order and ii) correct any errors; however, they are not for the purpose of making service changes to the order. Additional revisions may be purchased at the rate listed in section (c) unless another sum is agreed upon between Company and Subscriber.

c) Revision Rates

The minimum revision fee is 10 % of setup fee.

The revision fee = (The number of variables to be revised/ Total numbers of variables included in the membership) X set up fee.

Company may process the revision request within 24~72 hours after the revision fee has been received and cleared and the request was received.

6. Subscribe Authorization

The Subscriber represents and warrants that Subscriber has the authority and right for all the information provided to Company for the service, and that Subscriber is authorized to use in the manner contemplated by this agreement.

Subscriber hereby authorizes Company to access the Subscriber’s social media accounts which need to be accessed for the completion of the Services pursuant to this Agreement. Subscriber is responsible for providing the correct login info and to inform Company if there’s updates on login info.

7. Time of Completion

Company will take all reasonable actions to initiate the services within 24~72 hours, and continue providing the service pursuant to this Service Agreement, however, Subscriber acknowledges that delays in Company receiving the service order and access info to Subscriber’s accounts from Subscriber may slow completion of the services.

8.Term and Termination/Suspension

a) Term

  1. General Subscription. Subscriber may subscribe to the Services for the applicable term of the specific Subscription commencing on the Effective Date (“Initial Term”). Thereafter, the Subscription will renew automatically on the corresponding anniversary date (“Renewal Date”) of the Effective Date (each a “Renewal Term”, and collectively with the Initial Term, the “Subscription Term”), until Subscriber notifies Company of its intention not to renew prior to the end of the then-current term.
  2. No Fee Trial Subscription. Subscriber may cancel a No Fee Trial at any time before it expires by following the relevant instructions. Continuance of the Subscription beyond the expiration of the No Fee Trial will incur the relevant fee. Unless otherwise expressly stated, Acceptance of No Fee Trial constitutes permission for Company to use Subscriber’s name, likeness, image, social media accounts, testimonials in a repertoire or portfolio for purposes of promotion of the company without further compensation.
  3. Gift Subscription. Subscriber may cancel a Gift Subscription at any time before it expires by following the relevant instructions. Unless otherwise expressly stated, Acceptance of Gift Subscription constitutes permission for Company to use Subscriber’s name, likeness, image, social media accounts, testimonials in a portfolio for purposes of promotion of the company without further compensation.

b) Termination

The Company reserves the right to terminate or suspend access to all or any portion of the Services for violation or suspected violation of this Service Agreement.

If Subscriber signed an annual contract, this Agreement shall be automatically renewed on the anniversary of the effective date of this Agreement and on each anniversary thereafter for an additional term of one year (each, a “Renewal Term”), with each Renewal Term subject to termination as provided herein.

Company may terminate this Agreement by giving at least fourteen (14) days prior written notice to Subscriber.

Company reserves the right to suspend or terminate any use of the Service by Subscriber for any breach of this Agreement or unauthorized use of the Service. If Subscriber’s right to use the Service is suspended or terminated for any reason, Subscriber’s license to use the Service immediately terminates without any notice be given to Subscriber.

However, all provisions of this Agreement, with the exception of the Company’s license grant to Subscriber, shall remain in full force and effect and shall survive termination. Upon termination of Company’s Service grant to Subscriber, Subscriber shall destroy any and all copies of any Company Information in its possession.

c) Effects of Termination

Subscriber will have no further rights to access the Service. Termination will not affect the rights or liabilities of either party that accrued prior to termination.

d) Individual Subscription Termination (applicable only to residents of a member country within the European Union)

If you are an Individual Subscriber who is a resident of a European Union member country, then in addition to any other rights under these Terms of Service, you may cancel any Subscription for any reason during the fourteen (14) day period from the Effective Date by sending written notice to the Company at hello@socialkashmedia.com. If you do so, and with respect to any paying Subscription, Company may, but is not obligated to, charge you a proportionate amount of the Subscription Fee for the part of the Subscription that you have used.

e) Suspension

Subscriber’s failure to pay any outstanding balance on or before the applicable due date will result in the immediate suspension of Company’s services and deactivation within twenty-four (24) hours until such outstanding balance is paid in full.

f) Termination

Subscriber’s Membership may be terminated upon request or 30 days after the suspension due to non-payment. Subscriber’s information shall be removed from Company’s membership database.

9. Company Obligations

The Company will use commercially reasonable efforts to enable the Services to be continuously accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by the Company, including, but not limited to, any Force Majeure Event (as defined below).

The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of the Services contrary to the Company’s instructions, or modification or alteration of the Services by any party other than the Company. If the Services are in non-conformance with the foregoing undertaking, the Company will, at its expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, or provide Subscriber with an alternative means of accomplishing the desired performance.

10. Representations and Warranties

By signing up for a Subscription, your consent to this Agreement, Subscriber represents and warrants that it has the legal power and authority to enter into this Agreement (including on behalf of the business entity for whom the signatory is an agent, employee or representative). Subscriber represents and warrants that it has not falsely identified itself nor provided any false information to gain access to the Service and that Subscriber’s credit card and billing information is complete and accurate.

11. Intellectual Property Rights

Subscriber may not use the Company name, the Company logo, and all related names, logos, product and service names, designs and slogans without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

12. Indemnification

Subscriber agrees to compensate and defend fully Company, its officers, employees, agents, successors and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, action or demand arising out of any breach by Subscriber of any representation, warranty, covenant, obligation or duty of Subscriber under this Agreement.

13. No Third Party Beneficiaries

No person or entity not a party to these Terms of Service will be deemed to be a third party beneficiary of these Terms of Service or any provision hereof.

14. Subscriber Privacy

Company’s privacy policy may be found at Socialkashmedia.com/privacy-policy

Company reserves the right to modify its privacy policy in its reasonable discretion from time to time. Company reserves the right to notify all Subscribes of the Service of important announcements regarding the operation of the Privacy Policy via e-mail.

15. Disclaimers of Statements/Warranties

Subscriber’s use of the services or items obtained through the services is at its own risk.

The services are provided on an “as is” and “as available” basis, without any statements or warranties of any kind, either express or implied. Neither company nor any person associated with company makes any statement, warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the services. Without limiting the foregoing, neither company nor anyone associated with company promises that the services or items obtained through the services or any portion thereof, will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the services or the website or the server that makes it available, are free of viruses or other harmful components, or that the services or items obtained through the services will otherwise meet subscriber’s needs or expectations.

Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. No verbal or written representations, information or advice given by company or its authorized representative shall create a warranty or in any way increase the scope of this warranty.

16. Force Majeure

Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Company’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.

17. Survival

All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of this Service Agreement.

18. Changes

Except, for any provisions determining the primary contractual obligations of Subscriber and Company hereunder, Company has the right to revise and amend these Terms of Service from time to time to reflect changes in business needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in system capabilities.

Changes are effective immediately upon posting and Subscriber’s continued use of any of the Services following the posting of revised Terms of Service means that Subscriber accepts and agrees to the changes, to the extent permitted by applicable laws.

19. Liability Disclaimer

By reading this Site or the documents/information it offers, you assume all risks associated with using the advice given, with a full understanding that you, solely, are responsible for anything that may occur as a result of putting this information into action in any way, and regardless of your interpretation of the advice. You further agree that Company cannot be held responsible in any way for the success or failure of your business as a result of the information provided herein by Company. It is your responsibility to conduct your own due diligence regarding the safe and successful operation of your business if you intend to apply any of our information in any way to your business operations.

If any social media platforms remove your content or your account(s) because of a copyright claim or a security reason, we will not be responsible. You acknowledge that social media platforms can ban or suspend your account(s) for various reasons beyond Company’s control and you agree to release Company from any liability in such cases.

You understand that we make absolutely no guarantees regarding income as a result of applying this information, as well as the fact that you are solely responsible for the results of any action taken on your part as a result of any given information. We shall not be responsible for any damages or loss that may result from the SERVICE.

20. Miscellaneous Terms

Company is not affiliated with Instagram, Twitter or any third-party partners in any way. It is your sole responsibility to comply with Instagram, Twitter rules and any legislation that you are subject to.

We require your Instagram, Twitter, Facebook, LinkedIn username and password only in connection with providing our services to you. We don’t give away, or otherwise distribute your password to any third parties.

The expected results of your campaign is not guaranteed to you in any way. It all depends on the quality and consistency of your content.

We bring attention of real users to your feed, but we can’t protect you from spam, fake, inactive followers. It’s not possible to stop them, but you can remove unwanted followers by yourself or adding them to the blacklists.

You agree that upon purchasing our service, that you clearly understand and agree what you are purchasing and will not file a fraudulent dispute via PayPal.

This website contains business strategies, marketing methods and other business advice that, regardless of Company’s own results and experience, may not produce the same results (or any results) for you. Company makes absolutely no guarantee, expressed or implied, that by following the advice below you will make any money or improve current profits, as there are several factors and variables that come into play regarding any given business. Primarily, results will depend on the nature of the product or business model, the conditions of the marketplace, the experience of the individual, and situations and elements that are beyond Company control.

As with any business endeavor, you assume all risk related to investment and money based on your own discretion and at your own potential expense.

21. Independent Contractor

Company and Subscriber agree that Company will act as an independent contractor in the performance of services under this Service Agreement. The manner in which Company services are rendered shall be within the Company’s sole control and discretion.

22. Entire Agreement

This Service Agreement, together with the Site Policy and the Privacy Policy, constitute the sole and entire agreement between Subscriber and Company with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, warranties or terms and conditions, both written and oral, with respect to the Services.