Terms of Service
By using the Postdusk Marketing services, you agree to be bound by the following terms and conditions. Postdusk Marketing reserves the right to change the Terms and Conditions at any time without notice, and your continued use of Postdusk Marketing constitutes your consent to such changes.
Description of Services
Postdusk will provide an ongoing set of online services including website design, social media, videography, search engine optimization and website updates as needed.
Limitations of Scope
Postdusk will not be responsible for work that is beyond the scope of services set forth in the beginning plan 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.
Postdusk 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. Postdusk may participate in implementing needed systems services and functions, but Client is solely responsible for the final outcomes, actions taken and results produced.
All content produced by Postdusk within the scope of Services including software and web code, contents, graphics and design, or material developed or licensed by Postdusk for Client as part of the Services is copyrighted by Postdusk and remains the exclusive property of Postdusk. Upon termination of this Agreement copyrights shall remain with Postdusk. After twelve months of service and full payment if Client chooses to cancel this agreement per the conditions in Section 7 below all Postdusk 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.
In the event Postdusk ceases business operations and providing the services described in this agreement all Postdusk 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.
For the duration of the subscription to Postdusk services, Client agrees not to take any action that would expose Postdusk Marketing or other Postdusk Marketing clients to any undue risk, including but not limited to, uploading malware or other malicious code, or attempting to disrupt, disable, or impair Postdusk Marketing services or products. Each Client will have access to a Client Company account wherein individual Client user accounts can be created. Each Client user is solely responsible for the confidentiality, security, and management of their own user account and agrees to accept responsibility for all activities that occur under the account, including but not limited to, communications sent or received, services subscribed to, or payments made. If any unauthorized personnel gains access to a Client user account, the authorized user or a Client Company representative will notify Postdusk Marketing as soon as practicably possible upon learning of said access. Each Client user will take reasonable steps to ensure the security of their user account, including maintaining confidentiality of their user account password.
Customer hereby acknowledges and agrees that Postdusk shall have the right to use the name of Client, including the Client Web Site, for reference as a customer of Postdusk services for referral and marketing purposes.
Except for reasons of non-performance by either party, this Agreement shall remain in effect until formally terminated in writing by either party. Postdusk will start subscription billing to Client beginning the date client agrees to these terms of services as described in the payment plan in Section 8 below and it shall automatically renew for subsequent one (1) month periods until it is formally terminated in writing or email. Termination of this Agreement requires written or email notice delivered thirty (30) days prior to the desired date of termination. A repeated failure to make payment by the date due during any period gives Postdusk 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 Postdusk 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 Postdusks Clients shall automatically terminate.
Payment For Services
Your "Billing Cycle Date" is the date on which you sign up for your initial service with Postdusk.
For all Website Services - You will be charged a one-time Production Fee upon signup; your Monthly Recurring Fee will start being charged on your next Billing Cycle Date.
For all Other Services - You will be charged a prorated Monthly Recurring Fee once work on the service has commenced (if it is not your Billing Cycle Date); your full Monthly Recurring Fee will start being charged on your next Billing Cycle Date. Some services also have a one-time Setup Fee which will be charged upon signup.
For all Services with One-time Payments - You will be charged the full amount upon signup.
Client will pay monthly fees to Postdusk for a subscription to Services as described in plan above in effect at the time of this agreement.
Modifications To Services and Pricing
Postdusk reserves the right to modify or discontinue, either temporarily or permanently, any part of our services at any time by posting updates to our website. We may redesign certain services because we think they would be better, or we may stop accepting new signups to a service.
Sometimes we change the pricing of our services. We usually exempt existing customers from those changes, but we may choose to change pricing for existing customers in certain situations. If we do, we will provide at least 30 days’ notice via your email address on record.
As part of the subscription to Postdusk services, Postdusk may provide services that are delivered by third parties and billed to Postdusk. Postdusk reserves the right to monitor the usage of these services, and, in the event that the usage is deemed excessive, to contact the Client to advise of the excessive usage, and to make arrangements to either decrease the usage of the relevant service(s), to bill the Client, in whole or in part, for the services delivered, or to throttle, suspend or terminate the use of the service.
Postdusk 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 Postdusk’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 Postdusk 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. Postdusk does not warrant that the software 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.
Limitations of Liability
Except to the extent finally determined to have resulted from the gross negligence or intentional misconduct of Postdusk Marketing, Postdusks liability to pay damages for any losses incurred by the client as a result of a breach of contract, negligence, or other tort committed by Postdusk, 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, Postdusk and its licensors will not be liable for lost profits or any consequential, indirect, punitive, exemplary or special damages. In addition, Postdusk shall have no liability to client arising from or relating to any third party hardware, software, information or materials. Postdusk is also not liable for direct or indirect damages created by viruses, hackers or other malicious or accidental destruction of systems or data, though Postdusk will attempt to prevent or minimize exposure to such risks.
Each party agrees to indemnify, defend, and hold harmless the other party from and against any loss, cost, or damage of any kind (including reasonable outside attorneys’ fees) to the extent arising out of its breach of this Agreement, and/or its negligence or willful misconduct.
Any Agreement will be governed, construed, and controlled by the laws of Colorado. Both parties consent to the jurisdiction and agree that the venue for any action brought under this Agreement will be the local office of dispute resolution.