TERMS OF SERVICE
1. Acceptance of Terms
This Terms of Service (TOS) agreement is between you (Client) and SOCIAL KUDO alternatively hereinafter referred to as “Company or Social Kudo”, and its legal successors and assigns
By accepting this Terms of Service (TOS) electronically or in writing, and/or by using Social Kudo’s services, you (Client) agree to be bound by the following terms and conditions.
You also agree that your electronic acceptance of this TOS shall have the same force and effect as if you had agreed to this TOS in writing.
Social Kudo provides its services to Client subject to the following TOS, which may be updated from time to time without notice. You should periodically review the most current version of the same. Failure to comply with the TOS may result in account termination.
If Client does not expressly reject the TOS and cancel Client’s account within 5 days from the date of initial sale, you agree to, and hereby sign, the TOS and the Company is instructed to facilitate the acceptance of Social Kudo’s services as if Client had expressly accepted the TOS. The Client’s acceptance of the TOS is binding upon all of the Company’s services including the subscription of additional services or additional accounts at a later date.
2. Description of Service
Social Kudo is engaged in providing Social Strategy services to clients. As a unique characteristic, Social Kudo may introduce client’s services and/or products on a personal social level as well as through social media via Video Referrals or Sponsored posts. Social Kudo makes the sharing or posting offers easy.
Social Kudo’s services may include: (a) Review and Reputation Management, (b) SMS Text Integration, (c) Strategic Social Media Posting (d) Video Referrals , (e) Social contests, and (f) Social media advertising campaigns (g) Customer Satisfaction services
3. Required Recordings
As a necessary requisite for its operation, Social Kudo may record mobile phone numbers that request offers. Social Kudo is responsible for following all Federal and Local rules related to Opt-in regulations for SMS Text messaging.
4. Electronic Delivery Policy
The Company is a website-related business and communicates with its Clients electronically. When Client accepts this TOS Client consents to receive electronically from the Company any notices, agreements, disclosures, or other communications. Client agrees that the Company may send electronic Notices in either of the following ways:
A) To the email address provided to the Company at the time of sale; or,
B) To the new email address account Client set up through the Company.
Client agrees to check the designated email addresses regularly for Notices. Notice from the Company is effective when sent by it, regardless of whether the Notice is read by Client.
5. Payment and Pricing
Social Kudo shall bill clients on a Monthly basis according to the service chosen on the initial Statement of Work (SOW), and subsequent billings will be based on customer’s choice of service on a future SOW’s. Pricing for services are displayed on the respective SOW and may be changed from time to time. Advertising charges paid to outside agencies must be paid in advance. All services are paid in advance except for Text Overages which are paid in arrears. Charges for services will not be refunded once the initial payment has been made. A late fee of $50.00 per month will be assessed on invoices 15 days past due.
6. Unacceptable Practices
As Social Kudo strives to offer the very best service; there are certain guidelines and policies that must govern its efforts and relationships with its clients. Practices that are in violation of the Company’s guidelines and policies are strictly forbidden and may result in the immediate termination of the Social Kudo’s services. Such decisions are at the sole discretion of the latter.
You, as Client, agree to conduct your business in a legal and professional manner. The Company may also, at its sole discretion and at any time, discontinue providing services, or any part thereof, with notice.
7. International Use
Recognizing the global nature of the Internet, Client agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Client agrees to comply with:
a) All laws and regulations regarding the transmission of technical data exported from the United States, or the country in which Client resides and/or transacts business; and,
b) All laws and regulations regarding the collection and processing of personal data, including those relating to the trans-border transfer of personal data.
8. Technical Support
Social Kudo’s technical support department should be contacted for any concerns with you may have with the Company’s services, or for service related issues.
9. Marketing Representations
Social Kudo makes no representations as to the marketing of Client’s products, services or sales. Client’s obligation to pay fees due to the Company are due at time of rendition of services, in accordance with Clause 5 of this Agreement, and are not contingent upon sales and/or revenue, unless outlined in the Statement of Work.
10. Termination/Cancellation/Suspension of Services
The term and scope of the services are outlined in the Statement of Work, and may be terminated by either party with 30 days’ notice, effective only on the monthly anniversary of services. Upon cancellation by customer, Customer is responsible for the final monthly service charge and advertising fees for the remaining 30 day period.
11. Proprietary Rights
Both Company and Client agree that both parties’ services may contain proprietary and confidential information that is protected by intellectual- and proprietary-rights laws. Both Parties agree to not reproduce, duplicate, copy, sell, resell or exploit any portion of either parties’ services.
12. Use of Client Information and Competitive Advantage
Social Kudo hereby agrees that any proprietary information or ideas submitted to Social Kudo, by Client, may not be used by Social Kudo without authorization, compensation or liability for other Client’s for any purpose whatsoever. Social Kudo understands that the Social Kudo product can create a competitive advantage for its customers and will not release customer information unless authorized to do so in writing.
13. Disclaimer of Warranties
CLIENT’S USE OF THE COMPANY’S SERVICES IS AT CLIENT’S OWN RISK. THE COMPANY’S SERVICES ARE PROVIDED “AS IS”. THUS, THE COMPANY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
14. Tort Claims and Other Claims
Client waives all tort claims, strict liability claims and any and all other legal and equitable claims to the extent permitted by law against Social Kudo, its subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. Client waives any tort claims that arise by act, or omission. Client further agrees that it may only bring claims against the Company in Client’s individual capacity and not as a member of a class.
This agreement shall be governed exclusively by the laws of the State of Texas, USA, without regard to any conflicts of law provisions thereof, as a contract entered into and performed entirely within the State of Texas. The parties hereby expressly disclaim the application of the United Nations Convention on the International Sale of Goods. Any disputes between the parties relating to the subject of this agreement shall be submitted exclusively to the jurisdiction of the state or federal courts located in the State of Texas, County of Rockwall, and the parties expressly consent to personal jurisdiction and venue therein and waive any objection based on forum non convenience or otherwise. Should there be a breach of this provision; the non-breaching party shall be entitled to an award of attorney fees.
16. Electronic Signatures
Selecting and submitting “accept” on the electronic copy of the TOS, submitting content through the online web center, making payment, or submitting information or documents to Social Kudo so that the latter may perform services for the Client, the same shall constitute an electronic signature.
All information collected on Forms are to be used in accordance with the purpose of the form. We will not sell your information, not will we SPAM you.
Finally, the Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Company’s services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.