tos

Terms Of Service and Disclaimer:

Section I: Binding Agreement:

If you do not agree with the terms of this contract, please exit this site immediately. Please be advised that your continued use of this site, the information provided herein, or use of our services shall indicate your consent and agreement to these terms.

Section II: Copyright and Content Protection:

All information, text, images, videos, graphics, and any other material within this site is copyrighted and protected utilizing IP filters and tracking software. Any information, text, images, videos, graphics, and any other material within this site is not to be reproduced, replicated, copied, or otherwise distributed in any way or form without prior written permission from Planet Media. Violation of this policy will result in prosecution under any applicable Federal, State, or Local statutes as well as any applicable monetary damages under any applicable civil statutes. Any content within this site is the intellectual property of Planet Media and its shareholders, which includes any comments, discussions, or other materials posted by Planet Media administrators or by website visitors.

Section III: Release of Risk:

To the maximum extent permitted by law, Planet Media and its suppliers and contractors disclaim all warranties not expressly set forth in this document, whether express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to Planet Media’s services. The maximum aggregate liability Planet Media may have to you will be limited to the total amount of fees collected from you. Planet Media will have no liability in connection with the functionality or content of any search provider or internet publisher or website not owned by Planet Media. This agreement shall be governed and construed by the laws of the State of Illinois. All claims against Planet Media and/or this contact must be made and filed in a court of competent jurisdiction, that being within the Cook County, Illinois, within one (1) year of the last date of service provided. Knowing that the applicable statute of limitations may be greater than one (1) year, you waive said statute of limitations and agree that suit must be filed within one (1) year or be barred. You also agree that this transaction is a commercial transaction and not governed by the Consumer Protection Act. You further agree that in any action brought under this agreement, you waive your right to a trial by jury. In the event that you breach this agreement, you will be responsible for any attorney’s fees and costs in the collection, suit, post judgment, appeal, and the like, of these monies due and other prosecution and/or defense fees under this agreement. Furthermore you acknowledge that all claims are against the company Planet Media only, and you hold all employees, contractors, and associates of said company individually harmless for their services. Should a claim arise, it must be made in writing to: Planet Media 35 Roca sola, Coastera, Acapulco, Mexico.

Section IV: Explanation of Services & Exclusions:

Social Media Marketing: Planet Media’s social media marketing packages consist of building or optimizing a page on Twitter, Youtube, Facebook, and/or other social media websites. Planet Media’s marketing services also include building a fan base and following on these social media sites. We require full access to your social media accounts, including but not limited to administrator access and/or user name and password to make applicable changes both on page and off page. We guarantee to meet the quota provided in your social media marketing proposal, however due to the ever changing nature of social media and 3rd party websites we cannot guarantee that you will retain all of your fans, followers, or subscribers on social media websites.

Search Engine Optimization: Planet Media’s search engine optimization services include both on page and off page optimization work. Planet Media will require FTP and server access to your website to implement on page SEO changes. Planet Media guarantees to meet or exceed off page link building requirements. While most links remain live for years, due to factors beyond our control on 3rd party websites we can only guarantee links will remain live for 3 months. Planet Media may provide an estimated time frame or cost for ranking higher in search results; Such an estimate is only a best guess from past experiences and may not accurately reflect the actual amount of time or cost to acheive higher rankings due to factors beyond our control such as website age, website content, search engine algorithm changes, and other factors. Planet Media’s primary objective is to improve your company’s search engine rankings, however due to factors beyond our control and constant changes in search engine ranking algorithms we cannot guarantee that your website will increase in rankings. Planet Media takes every measure possible to protect your site from adverse effects of search engine optimization work, including following applicable industry best practices and closely monitoring SEO campaigns. In extreme cases search engine optimization work can harm search engine rankings, including but not limited to lower keyword placement, lower website traffic, search engines deindexing your site, and search engine penalties. Planet Media is not liable or responsible for any declines in search engine rankings, lost revenues, lost traffic, lost opportunities, or any other damages that may result from utilizing our SEO services.

Section V: Changes and Alterations:

I agree that my subscription may be altered or modified at any time at the sole discretion of Planet Media if I am in violation of any of these terms of service. I also agree that there may be changes in this agreement, disclaimer, or content and I will be notified in writing via email of any changes. I agree that there may be changes to our services, pricing, or subscriptions in which case I will be given advanced notice in writing via email and have a period of five (5) business days to cancel or change services based on any alterations in service. I agree that as long as I am a client of Planet Media it is my responsibility to check for changes or updates to this agreement on a monthly basis. I understand that any pricing or proposals offered by Planet Media is valid for thirty (30) days from the date of issuance. I agree that all written proposals provided by Planet Media are done so as an estimate based on information provided to us at the time of the proposal, and any changes in scope to a project or problems discovered while working on the project may incur additional costs and time. Should this occur, the client will immediately be notified of any additional costs for the project.

Section VI: Refunds, Cancellations, & Disputes:

I agree that by signing the credit card authorization form I am agreeing to the terms of service set forth within this document. I understand that Planet Media has a no refund policy on any services, including but not limited to search engine optimization services, social media marketing services, content creation services, web design services, and/or general marketing consulting. I agree that if I want to cancel any services, excluding monthly recurring charges, I will be charged a cancellation fee of 20% and be charged for any services already completed. I agree that if I want to cancel any monthly recurring charges, including monthly SEO packages, I must cancel at least 30 days prior to my monthly billing date. I understand that upon notice of cancellation I will still be charged one charge for the final month of services. In the event that the owner is in any manner dissatisfied with any aspect of Planet Media’s performance, they shall notify Planet Media within seven (7) days in writing via certified mail at: PO Box 3041, Glenview, IL 60025. Planet Media shall have seven (7) days from the date of receipt of such notification in which to initiate efforts to resolve any concerns, whether by remedying the alleged defects, providing a partial credit against outstanding balances to be determined at our discretion, or otherwise. In no event shall the client be entitled to a credit, charge back, back charge, or dispute unless the client first provides Planet Media with notice and opportunity to resolve the problem in accordance with the foregoing. Client’s failure to comply with the foregoing shall constitute a waiver of any alleged breach by Planet Media concerning its alleged failure to perform to obligations hereunder. Planet Media’s obligations hereunder shall be suspended during any time in which the client is late with respect to any payment due to Planet Media.

Planet Media reserves the right to terminate any client account, including but not limited to marketing accounts & agreements, web design & development accounts & agreements, website hosting accounts & agreements, website maintenance accounts & agreements, and any other account; This clause shall affect any other written agreements by and between the parties.

Section VII: Payment & Terms:

I agree that any services provided must be paid in full within ten (10) business days of completion. I agree that my credit card will be utilized for billing purposes for all recurring services. I agree that any other invoice not paid within ten (10) business days of completion will be billed to our credit card on file. In the event that the credit card on file is not approved, any outstanding balances will be subject to a late penalty of 5% compounded weekly. I agree that any outstanding debts that cannot be collected within thirty (30) days of the due date might result in my website being taken offline, SEO related changes being undone, and turned over to collections. I understand that any fees resulting from the collection of unpaid invoices will be added to the invoice, including but not limited to interest, collection agency fees, legal fees, time spent on collections billed at $100 per hour, and/or any other collection related expenses.

Section VIII: Consent, Delivery, & Limitations:

Client agrees that he/she/they sign this contract as a free and voluntary act without duress or compulsion of any form. Client acknowledges that he/she/they are of legal age, mentally competent, and have full authority to enter into this contract on their behalf or on behalf of a legal entity, including but not limited to a corporation, LLC, partnership, or the like. Client acknowledges that he/she/they have been free to consult with an attorney or any other person or entity before signing this contract. This contract contains the entire agreement between parties. No promises, representations, or warranties, whether written or oral, except those expressly set forth herein, shall be valid or binding upon either party. The parties’ agreement is contained within the pages of this document and nowhere else. Client agrees that he/she/they have read each of the paragraphs listed in this contract and agree to the terms and statements contained within each section and paragraph of this contract.

Section IX: Legaility & Regulations:

Planet Media is preparing websites, marketing, and other services persuant to the express instructions of the client and makes no representations to the legality of the work performed, the conformance of the work performed with existing or future laws, the conformance of the work performed with existing or future regulations by any regulatory or governing body, or the like. It is the sole responsibility of the client and their legal counsel to ensure compliance with all applicable laws, regulations, trademarks, copyrights, or the like.

Section X: Branding:

We reserve the right to feature your SEO, web design, or marketing campaign on our website as a case study, testimonial, or other featured item. This includes utilizing your company name, logo, and any other trademarked or copyrighted information that would be applicable to conveying the information needed in a case study or featured item. We will not post any personal or sensitive information, such as strategies, billing information, personal contact information, or sensitive data about your business or project.

Section XI: Credit Card Usage:

I authorize Planet Media to utilize the credit card provided in this document for any authorized purchases as part of Planet Media’s services.

Section XII: Methods & Technologies:

Planet Media makes every reasonable attempt to ensure all techniques, methods, and technologies utilized by our company are up-to-date and in line with the latest industry best practices. However, due to the extremely rapid pace of change in the industry, Planet Media does not expressly guarantee that the techniques, methods, and technologies utilized by our company will be the most up-to-date or in line with any current revisions to best practices except where expressly stated in a written proposal. Planet Media is to be held harmless for any problems that arise due to technology, methods, or techniques not being the most up-to-date available. Additionally due to constant changes in servers, content management systems (CMS), coding, and the like, Planet Media cannot be held responsible for any security flaws or exploits discovered in web development, application development, or other projects.

Section XIII: Proposals, Estimates, & Plans of Action:

All proposals, estimates, and plans of action offered by Planet Media are contingent on the accuracy and quality of information provided to us by the client and based upon information in our possession and expressly stated in the proposal, estimate, or plan of action. Any estimates and time frame projections are based upon current availability of materials, interfaces, coding, labor availability, and other components required to deliver on said proposal, estimate, or plan of action. In the event that Planet Media or our team discovers an additional feature, problem, coding change, or other element which is not expressly mentioned in the initial scope of the project, we will notify the client of any estimated additional expenses incurred as well as any additional time needed for completion of the project. Projected time frames do not take into account holidays, office closings, or other events outside our control.Due to the complexity of certain projects and the nature of web development, application development, and online marketing, all time frames provided in proposals should be used as an estimate or guideline and not a final projection of the exact time a project will take from start to finish. All proposal pricing is assuming all services within the proposal will be awarded a contract; pricing may change if the client decides to pick and choose certain services out of the proposal.

Section XIV: Authorized Personnel:

Planet Media may account details, website details, marketing details, and other information pertaining to accounts with Planet Media with any personnel deemed authorized by Planet Media. Any staff or employee requesting information from a client’s company email address or client’s company phone number will be granted access to such requested materials. I agree it is my responsibility to provide to Planet Media, in writing, a list of personnel whom is not deemed authorized to receive such information and/or a list of personnel whom account information should not be discussed with. If I have not provided such a list to Planet Media, I understand that information may be disclosed to anyone employed by my company.

Section XV: Digital Signature:

The Electronic Signatures, Global and National Commerce Act permits for the use of electronic signatures and I understand that this contract is bound by the rules and regulations of said act. I agree that my IP address will be logged upon signing this contract, and that by digitally signing this contract by typing my full legal name I am entering into a legally binding agreement with Planet Media.