Welcome to SoundOff Media. By engaging our services, you (“Client”) agree to the terms and conditions outlined in this document. Please read these Terms of Service (“Terms”) carefully before using SoundOff Media’s services, website, or products. These Terms govern your use of our services and form a legally binding agreement between you and SoundOff Media.
If you have any questions or concerns regarding these Terms, please contact us before using our services.
1. Services Provided
SoundOff Media offers a variety of marketing, media, and creative services, including but not limited to:
- Marketing Consulting
- Social Media Management
- Content Creation
- Photography and Videography
- Copywriting and Editing
- Public Relations
- Web Design and Development
- Paid Advertising Campaigns
- Brand Strategy and Market Research
The specific services provided to you will be outlined in a separate agreement or contract, and the scope of work will be defined for each project or service.
2. Payment Terms
- Rates: Payment rates for services will be outlined in your individual service agreement or proposal. These rates are subject to change with prior written notice.
- Invoices: SoundOff Media will issue invoices upon completion of services, or according to the payment schedule agreed upon by both parties. Invoices are payable within 30 days of the invoice date, unless otherwise specified in the contract.
- Late Payments: Payments not received within the agreed-upon timeframe will incur a late fee of 1.5% per month on the outstanding balance or the maximum amount allowed by law.
- Payment Methods: Payments may be made by bank transfer, credit card, or another method as mutually agreed upon in writing. All payments must be made in U.S. Dollars.
- Retainers: For ongoing services, a retainer fee may be required. Retainers are due before services begin and will be credited against the final invoice. Any unused portion of a retainer will be refunded upon termination of services.
- Additional Costs: Any costs associated with third-party services or materials (e.g., media buys, stock photography, printing, etc.) will be billed separately and are the responsibility of the Client.
3. Property Rights
- Intellectual Property: The Client retains ownership of all intellectual property rights to any materials (e.g., logos, trademarks, branding, etc.) provided to SoundOff Media for use in the project. SoundOff Media retains the rights to any original work created by SoundOff Media (e.g., photography, video content, marketing strategies, written content, etc.) until full payment is made. Upon full payment, ownership of the final deliverables will transfer to the Client.
- Licensing: SoundOff Media grants the Client a non-exclusive, non-transferable license to use the final deliverables for the agreed-upon purpose. Any additional use or modifications beyond the scope of the agreement must be approved in writing.
- Work for Hire: Any content created under a “work for hire” agreement will become the exclusive property of the Client, but SoundOff Media may retain the right to showcase the work in portfolios, marketing materials, and other public-facing channels unless otherwise specified in writing.
- Third-Party Materials: Any third-party materials (e.g., stock photos, fonts, or music) included in the deliverables will be licensed for the Client’s use. The Client is responsible for complying with the terms and conditions of any third-party licenses, including any usage restrictions.
4. Privacy and Confidentiality
- Confidential Information: Both parties agree to keep all sensitive or confidential information shared during the course of the project confidential. This includes, but is not limited to, business plans, marketing strategies, financial information, and trade secrets. Confidential information will not be disclosed to any third parties without written consent, except as required by law.
- Client Data: SoundOff Media may collect certain personal information from Clients (e.g., name, email, business information) for communication, invoicing, and service delivery. This information will be used only for the purposes of providing services to the Client and will not be shared with third parties unless explicitly authorized by the Client or required by law.
- Data Security: SoundOff Media is committed to protecting the privacy and security of Client data. We use industry-standard encryption and security protocols to safeguard sensitive information.
- Cookies: Our website may use cookies to enhance user experience and collect analytic data. By using our website, you consent to the use of cookies as outlined in our Privacy Policy.
5. Client Responsibilities
- Accuracy of Information: The Client agrees to provide accurate, up-to-date information necessary for SoundOff Media to complete the services. SoundOff Media is not responsible for delays or issues caused by inaccurate or incomplete information provided by the Client.
- Timely Feedback and Approvals: The Client agrees to provide feedback and approvals in a timely manner to ensure the efficient completion of the services. Delays in Client response may result in delays in project timelines.
- Legal Compliance: The Client is responsible for ensuring that all materials, including written content, images, logos, and trademarks, provided to SoundOff Media for use comply with all applicable laws, including copyright, trademark, and intellectual property laws. The Client holds SoundOff Media harmless for any legal issues arising from the use of such materials.
6. Term and Termination
- Term: These Terms are effective as of the date the Client engages SoundOff Media’s services and will remain in effect until the completion of the agreed-upon services or until terminated as outlined below.
- Termination by the Client: The Client may terminate the services at any time, provided written notice is given. In the event of termination, the Client agrees to pay for any services rendered up to the termination date, including any non-refundable costs incurred.
- Termination by SoundOff Media: SoundOff Media reserves the right to terminate services if the Client fails to make payments, breaches the terms of this agreement, or engages in unethical behavior that damages the relationship. SoundOff Media will provide written notice of termination and any outstanding payments due.
- Cancellation Fees: In the event of cancellation, the Client may be subject to a cancellation fee, which will be outlined in the service agreement or proposal.
7. Dispute Resolution and Governing Law
- Mediation and Arbitration: Any disputes arising from this agreement shall first be attempted to be resolved through good faith negotiation. If a resolution cannot be reached, the dispute will be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.
- Governing Law: These Terms shall be governed by and construed in accordance with the laws of the state of Florida, without regard to its conflict of law principles.
- Jurisdiction: Any legal action or proceeding arising out of or related to these Terms shall be brought in the courts located in Hillsborough County, Florida, and the parties consent to the exclusive jurisdiction and venue of such courts.
8. Limitation of Liability
SoundOff Media shall not be held liable for any indirect, incidental, or consequential damages, or any loss of profit, revenue, or business opportunity arising from the use of our services. Our total liability in connection with these Terms shall not exceed the total amount paid by the Client for the specific services that gave rise to the claim.
9. Amendments
SoundOff Media reserves the right to modify or update these Terms of Service at any time. Any changes will be communicated to the Client in writing or via email, and the updated terms will be effective immediately upon posting on the website or notification to the Client.
10. Entire Agreement
These Terms of Service, together with any service agreements, proposals, or contracts entered into between the Client and SoundOff Media, constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral.
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