Terms of Service
By using Sanker Media, you agree to be bound by the following terms and conditions. Sanker Media reserves the right to change the Terms and Conditions at any time without notice, and your continued use of Sanker Media constitutes your consent to such changes.
1. DESCRIPTION OF SERVICES. Sanker Media will provide an ongoing set of online services including website design, video production, photography, branding and graphic design, marketing strategy, copy and editorial development, search engine optimization and website updates as described on the signup page for each specific service.
2. LIMITATIONS OF SCOPE. Sanker Media will not be responsible for work that is beyond the scope of services set forth in the marketing plans in effect at the time Client initiates the service. Any changes to the scope of services will not be effective unless approved by both parties.
3. MANAGEMENT RESPONSIBILITY. Sanker Media will provide certain tools, methods and resources to Client that are intended to help client grow and build its business. However, client is fully and exclusively responsible for its own business performance and Client satisfaction. In addition, client has full and exclusive responsibility for understanding and ensuring compliance with any regulatory, legal or contractual obligations related to client’s business, including without limitation, data held by client and its clients, information provided by client to clients and/or other third parties and any safeguarding and security measures that may be required. Sanker Media may participate in implementing needed systems services and functions, but client is solely responsible for the final outcomes, actions taken and results produced.
4. COPYRIGHT. All content produced by Sanker Media within the scope of Services including software and web code, contents, graphics and design, or material developed or licensed by Sanker Media for client as part of the Services is copyrighted by Sanker Media and remains the exclusive property of Sanker Media. Upon termination of this Agreement copyrights shall remain with Sanker Media. After twelve months of service and full payment if client chooses to cancel this agreement per the conditions in Section 6 below all Sanker Media copyrighted content, EXCEPT software, web code, WordPress themes and plug-ins, PSD files and other files or code used to create the client website and newsletter can be used indefinitely by client for their company website, newsletter and other marketing collateral. This use will be restricted to the client company use only and client does not have any rights to resell, license or otherwise allow 3rd parties use of the content. All photography and video productions are licensed to clients for 4 years and the ownership and copyright remains with Sanker Media. All real estate content is licensed to the real estate sales representative for the term of their specific listing. The content, graphics, video, photos any any content created is non transferable to third parties in any way.
In the event Sanker Media ceases business operations and providing the services described in this agreement all Sanker Media copyrighted content, EXCEPT software, web code, WordPress themes and plug-ins, PSD files and other files or code used to create the Client end product can be used indefinitely by Client for their company website and other marketing collateral. This use will be restricted to the Client company use only and Client does not have any rights to resell, license or otherwise allow 3rd parties use of the content. Clients must request consent in writing from Sanker Media should they wish to use any photography or video re-sold to third parties.
Production usage: Photos / Video usage The client cannot alter, edit, or otherwise modify t he Sanker Media produced contentfor the purpose of creating a new end product. The client may not remove Sanker Media branding from media.
5. LINK. Client hereby acknowledges and agrees that Sanker Media shall have the right to use the name of Client, including the Client Web Site, for reference as a client of Sanker Media for referral and marketing purposes.
6. TERMINATION/REFUNDS. A repeated failure to make payment by date due during any period gives Sanker Media the option for immediate termination. Upon the expiration or termination of this Agreement for non-payment or non-performance by client, (i) all licenses granted by Sanker Media to Client hereunder shall automatically terminate and Client shall immediately cease its use of the licensed content and other provided marketing collateral, and (ii) Client’s right to the Services afforded to Sanker Media’s Clients shall automatically terminate. Refunds: Sanker Media will not provide full refund for projects that are in progress. Refunds will be provided on a case by case situation.
7. PAYMENT FOR SERVICES. Client will pay monthly fees to Sanker Media for a subscription to Services as described in Sanker Media plan in effect at the time of this agreement and for the license to use the Sanker Media web services, software and licensed content in conjunction with these services. Payment will be made by automatic credit card transactions. Invoices will include monthly subscription fees and any additional fees for elective or other additional Services that have been purchased by the Client. Invoices will be issued and automatic transactions processed on the Renewal Date as described in Section 6 above. Sanker Media reserves the right to assess and collect late-payment charges of 1.5% per month on past due balances. Any invoices sent prior to receiving services must be paid prior to Sanker Media performing services. If invoices are not paid prior to corresponding services, Sanker Media will not reserve the time slot or engage in any strategy, planning, pre-production.
8. WARRANTY. Sanker Media shall provide its services and meet its obligations under this Agreement in a timely and professional manner, using knowledge and skills consistent with generally acceptable standards in Sanker Media’s industry, and will provide a standard of care based on commercially reasonable efforts. The services and all products provided as part of the services are provided “as is” and Sanker Media disclaims, and client waives, any warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty or representation related to the services. Sanker Media does not warrant that the content or any products or services provided hereunder will be uninterrupted or error-free. Under no circumstances, including negligence, shall the Company be liable for any direct, incidental, special or consequential damages or otherwise, including any damages that result from the use of or inability to use the Website. The Company shall not be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
9. LIMITATIONS OF LIABILITY. Except to the extent finally determined to have resulted from the gross negligence or intentional misconduct of Sanker Media, Sanker Media’s liability to pay damages for any losses incurred by client as a result of breach of contract, negligence or other tort committed by Sanker Media, regardless of the theory of liability asserted, is limited to no more than the total amount of the most recent three (3) months of base fees paid under this agreement. In any case, Sanker Media and its licensors will not be liable for lost profits or any consequential, indirect, punitive, exemplary or special damages. In addition, Sanker Media shall have no liability to client arising from or relating to any third party hardware, software, information or materials. Sanker Media is also not liable for direct or indirect damages created by viruses, hackers or other malicious or accidental destruction of systems or data, though Sanker Media will attempt to prevent or minimize exposure to such risks.
10. Non-Solicitation Sanker Media will provide services to client with the understanding that they will not solicit Sanker Media’s resources, employees, contractors, etc. This will remain in effect one (1) year after termination of any services provided by Sanker Media.
11. Confidentiality Sanker Media acknowledges that clients may disclose to our company or give our company access to confidential information so that I may perform my employment duties. I agree that the confidential information may include client’s trade secrets, sales and profit figures, customer lists, relationships with contractors, customers or suppliers, and opportunities for new or developing business. The confidential information may be contained in written materials such as computer hardware and software, disks, documents, files, drawings and product specifications. It may also consist of unwritten knowledge, including ideas, research, processes, practices or know‐how. While we perform services for client and afterward, we will not use or disclose to any other person or entity any confidential information or materials (either written or unwritten) except when I am required to do so to properly perform my duties to client or as required by law.
12. INDEMNIFICATION. Subject to the provisions hereof, Client shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against Sanker Media and its licensors arising from products or services related to this Agreement. Conversely, Sanker Media shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against Client arising from the gross negligence or intentional misconduct of Sanker Media.