This agreement is active between the customer and Sumo Media at the point the box is clicked on the website’s payment page and the initial payment is transacted. If any part of this Agreement should for any reason be unenforceable, then that part will be severed from this Agreement and will not affect the validity or enforceability of any remaining parts. Furthermore, the customer agrees to this direct debit agreement, and authorise Sumo Media Pty Ltd ACN:634857006 to debit your account through the bulk electronic clearing System (BECS) on behalf of Sumo media Pty Ltd (the “Merchant”) for any amounts separately communicated to you by the merchant. You certify that you are either an account holder or an authorised signatory on the account for whom the payment details have been entered. By signing this agreement, the customer hereby agrees that they have engaged all necessary considerations and decision–making parties to ensure this is the correct decision for their requirements.
You acknowledge that Sumo Media Pty Ltd will use the email address you provide as the primary method for communication. 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. You agree to these terms for all future associations with Sumo Media Pty Ltd unless otherwise agreed in writing.
For either party, a minimum of 2 weeks-notice is required in writing, to cancel a service which is no longer, or never was, under any minimum number of subscription months. Sumo Media Pty Ltd holds copyright on the codes, design, look & feel of projects and protects this with Sumo Media in-house hosting.
The contract minimum terms are displayed on the page of the Sumo Media website sumomedia.co/pricing. The customer can click through from the pricing page to make a purchase on a selected package and the parties may on occasion agree verbally or in writing if not engaging the payment page after the customer’s general account has already been created and as service additions flow during communications of the parties. The minimum terms on an independent recurring service are 3 months as a minimum however the customer is able to request that 3rd party costs are paused at any time although this is not recommended if we are to retain momentum on performance. A customer that has or has not exceeded their minimum term is able to pause with 1 weeks-notice for a maximum period of 3 weeks. If a customer is non communicative in relation to reverting a service back from paused to active, the service will be cancelled at the 3 week–end and any ensuing charges will be actioned.
The minimum terms will not be affected, reduced or changed by any inability of the customer to provide suitable information, co-operation, access or codes.
The customer will provide the content for inserting into projects such as images, videos or articles unless otherwise agreed. In whichever case, any required copyright compliance or licenses are the responsibility of the customer at all times as well as purchase costs of all content. If the Customer is unsure of the origin of certain content and it believes it to have been sourced by Sumo Media, the Customer must request clarification in writing. The Customer retains the responsibility of either clarifying the sources of content or submitting replacement content for that content which is unable to be clarified.
If the customer requires a list retained and shared with the customer of content which we source for the customer, the customer will request this in writing as a specific task designed by the customer which may incur additional charges to service.
Content materials requiring purchase will be at additional cost to the customer unless otherwise specifically agreed in writing.
Sumo Media Pty Ltd holds copyright on the codes, design, look & feel of projects and protects this with mandatory Sumo Media in-house hosting whereby access is not released to the customer.
Sumo Media retains the right to use the codes, design, look & feel of projects with multiple businesses, even if they are in competition to each other and even if they are operating in the same city.
A license will never be transferred to the customer for use of any peripheral material surrounding a project such as lists, guidance content, reporting aids or tools.
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 accounts websites, software or marketing channels.
Upon completion and final payment cleared on a project a non-exclusive license will be granted by default to the customer for use.
Sumo Media extends a 1–month guarantee post completion of a website or software development, after which, the project will be closed, and normal rates will apply.
It is the responsibility of the customer to review any browsers performance on the project and inform us during the development period of any issues. Sumo Media Pty Ltd supports the development of projects for modern browsers.
Sumo Media do not guarantee our work on any project from failures. Concepts, actions, functions, security, hosting, strategies, applications, platforms or projects may be flawed, forgotten, fail, contain errors, breaks, or become lost. Sumo Media are not liable for any third–party damages, lost revenue, savings, profits, incidentals, consequential or any other special damages under any circumstances.
Sumo Media is not liable for any third-party fee’s such as Google Ads or Facebook click costs regardless of any circumstance including Sumo Media actioning or intending to action a stop or amendment of any kind to the functions driving the clicks and/or fees associated. It is the customers sole responsibility and should be managed by the customer as such. Sumo Media is not responsible or liable for any third-party performance or cost.
The customer states that it is knowledgeable on how to; access information and also manage the functions regarding third party costs and will monitor & manage this as required every day.
Any payments the customer is overdue to pay, beyond 60 days of the due date, will incur an additional fee of one hundred dollars per week for administrative and debt collection costs unless an alternate agreement has been written by Sumo Media Pty Ltd.
Sumo Media reserves the right to engage any person or company in support of the services in any location globally, on terms at Sumo Media’s absolute discretion.
Sign Up / Setup fees are charged instantly and charged to the customer’s credit card upon confirming the services to engage verbally or in writing. Subscription payments are charged 7 days in arrears unless otherwise advised in writing by Sumo Media and will continue indefinitely unless requested by the customer to cancel.
The clients 3rd party costs such as Google Ads or Facebook Ads clicks etc are separate from Sumo Media costs and charges.
If legitimate peripheral costs arise for something unavoidable such as a security or domain renewal or the like, Sumo Media will action the cost and pass it onto the customer without notice if below $50 + GST in any given month.
Sumo Media retains the right to embed their logo/link reasonably discretely on the footer of any website or landing page they develop and for it to be retained there for the life of the website at Sumo Media’s discretion.
Sumo Media may use any favourable comments from verbal or written communications between Sumo Media and the customer for its own published-testimonial purposes.
Payments & charges as noted within these terms are not refundable under any circumstances, including but not limited to the termination of this agreement for whatever reason.
Websites lose Google rank if the codes are not unique, or become common. So for the purpose of protecting a) Sumo Media’s investment into our bespoke codes which have been heavily invested in to drive success for our customers and b) our customers investments; Websites, Web Pages, Apps & Software developed for the customer by Sumo Media remain the property of Sumo Media to the extent that it must remain hosted with Sumo Media and protected from customer access unless otherwise agreed in writing prior to purchase. If after cessation of the parties for other services the customer wishes to retain use of the website, it can absolutely do so generally with only the cost of hosting to continue and any future changes to the website will incur standard time based costs.
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