Terms of use

OVERVIEW

This website is operated by ETkiks LLC. Throughout the site, the terms “we”, “us” and “our” refer to ETkiks LLC. ETkiks LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharma, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall ETkiks LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless ETkiks LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 14050 telegraph rd Woodbridge Virginia 22192 United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at ETkiks.com@gmail.com.

 

By Investing you agree to these terms and conditions: 

After receiving money from ETkiks if for any reason including health issues, I do not meet the payment requirements of my contract, I give ETkiks LLc the right to take these account measures:  have full access to any bank accounts under my name including, Checking and savings including business accounts savings or checkings, any bank accounts that I may have. I give ETkiks LLC the right to take out money without any further signatures required. The amount to be given to ETkiks LLC should be no greater than the total amount I am in debt for from the beginning of the contract, including late fees and other including charges or fees do to my none payment, they may apply as well.  Late fee charges are $10 U.S. Dollars and will apply daily if money is not paid to ETkiks LLC on time of agreement. If payment is still not made, after 30 days you agree by saying; I authorize ETkiks LLC to look into any assets that I may have and give the right to sell those assets that I have and only take equal value to the debt owed including late fees, fraud fees, or any other fees due to my non payment . If for any reason none of these agreements are not met, not giving the right information,  not meeting payment requirements, taking money from ETkiks and not making back payments I understand the penalty for it may lead me to prosecution under federal law. ETkiks does charge fraud fees amount of 10% of the total debt amount Owed including late fees will be due. You have 30 days before any legal action is taken against you to make your payments including all fees. NOTE: If you are prosecuted under federal law ETkiks LLC takes no responsibility for the outcome of your prosecution, it will be up for the judge or jury to decide. To avoid Prosecution please contact us Via- email at ETkiks.com@gmail.com. 

Investing policy and Payments:

Our policy for investors; when you join our monthly investment programs you agree with our terms, to keep on your investment until the monthly investment program you entered reaches its end date. By joining you also agree to, enroll in autopay to avoid late fees and a lower investment return. If or by any reason you decide to stop your investment plan, you must notify us via- email at - etkiks.com@gmail.com within 5 days in of your investment start date. If the given 5 days time limit has passed you are no longer entitled for a refund until you finish your investment. We will move on forward with your investments after 5 days of joining the only way to get your money back is to keep on investing. You will be able to communicate with other members in the same investment plan as yours and share ideas. For security, we are required to run background checks. We can for security reasons choose accept or decline your investment. If the investment plan you joined fails and we can't proceed with your investment, we will inform you within 60 days and refund your money back in full. All refunds will be transferred electronically to your bank. Payments: All Investors will receive payments by checks in mail. The checks will be mailed to the order of the investors first and last name, and to the investors home address. Payments will be sent out to the investor based on what information was filled out on the contract form we provide to the investor after or before they have joined our monthly plans. Correct, Phone number, home address, first and last Name, Email, and picture of driver licence is required to qualify for investment also must be 18 years of age or older. Etkiks does not take any responsibility for investors filling out wrong information! If payment was made to the wrong address due to investors error, ETkiks is not required to refund or resend payments to a different address. Investor is still required to remain in the monthly plan for investment check was still mailed to the investor and full check amount must be paid off by staying in the monthly investment plan until plan is finished. If investor stops investment, Investor will be considered a fraud and will be prosecuted under federal law.  NOTE: If you are prosecuted under federal law ETkiks LLC takes no responsibility for the outcome of your prosecution it will be up for the judge or jury to decide. To avoid Prosecution please contact us Via- email at ETkiks.com@gmail.com.  

Product Policy for returns and refund 

If for any reason you purchase a Products from us this is our policy for returns and refund. 

Our policy lasts 14 days. If 14 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.

Additional non-returnable items:
Gift cards
Downloadable software products
Some health and personal care items

To complete your return, we require a receipt or proof of purchase.

Please do not send your purchase back to the manufacturer.

There are certain situations where only partial refunds are granted (if applicable)
Book with obvious signs of use
CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened
Any item not in its original condition, is damaged or missing parts for reasons not due to our error
Any item that is returned more than 30 days after delivery

Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at ETkiks.com@gmail.com

Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges (if applicable)
We only replace items if they are defective or damaged.  If you need to exchange it for the same item, send us an email at ETkiks.com@gmail.com and send your item to: 14050 telegraph rd Woodbridge Virginia 22192 United States

Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.

Shipping
To return your product, you should mail your product to: 14050 telegraph rd Woodbridge Virginia 22192 United States

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over $75, you should consider using a traceable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

 
 
 
 

MANAGED SOCIAL MEDIA AGREEMENT

MANAGED SOCIAL MEDIA AGREEMENT

 

This Managed Social Media Agreement (the “Agreement”) is made as of the date set forth below by and between ETkiks Llc, a virginia company (ETkiks Llc) and purchasing user (the “Client”) (collectively referred to as the “Parties”).

WHEREAS, The Company and Client deem it in their best interests to express in this written Agreement their understandings regarding the scope of the Services that the Company will provide and the rights and obligations of the Client.

WHEREAS, The Client seeks to engage the Company as an independent contractor to provide the Managed Social Media Services described herein, and Company seeks to provide their Services according to the terms and conditions of this Agreement.

NOW, THEREFORE, In consideration of the mutual promises and covenants set forth herein, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows:

1. TERM

This Agreement will become effective starting on the purchase date and continue for 12 months. After the initial 12-month period, this Agreement will automatically renew for successive 1-month periods unless cancelled in writing by the Company or the Client.

2. SCOPE OF SERVICES

The Company’s duties and responsibilities will include Managed Social Media Services. The social media technologies, strategy and plan used shall be agreed upon by the Company and the Client and included in Exhibit A – Statement of Work attached to this Agreement.

3. FEES

The Monthly Fees, Video Production Fee (if applicable), Hardware Fee (if applicable), Add-On Fees (if applicable) and any other charges or fees for Services ordered by Client are defined, collectively, as the “Fees.” Client will be responsible for paying any and all applicable sales and use taxes for the Services. Unless otherwise stated in the Customer Contract, Fees are due prior to the performance of the Services. The Agreement term shall begin upon execution of a Customer Contract, and upon such execution, Client shall pay the applicable, Add-On Fees, and the first Monthly Fee as set forth in such Customer Contract. If Client has elected to pre-pay his/her Monthly Fees and/or recurring monthly Add-On Fees, such prepayments shall be due upon execution of this Customer Contract. Monthly Fees and recurring monthly Add-On Fees shall be due and payable in advance of each calendar month following the contract date. For illustrative purposes only, if Client’s Customer Contract is dated on the fifteenth (15th) of a month, then Client’s Add-On Fees (if applicable), and first Monthly Fee shall be due and payable to Company upon signing of the Customer Contract and on the fifteenth (15th) of each calendar month thereafter, Customer shall pay the subsequent Monthly Fees and all applicable monthly recurring Add-On Fees. Alternatively, if the Client has elected to pre-pay Monthly Fees and recurring monthly Add-On Fees, such prepaid Fees shall be due and payable upon signing of the contract. Company shall begin production of the products (the “Licensed Products”) ordered by Client in accordance with the specifications set forth in the Customer Contract upon receipt of the Fees. Any amounts not paid within 30 days of the date due will bear a monthly finance charge equal to the lesser of 1.5% of the outstanding balance or the maximum amount allowed by law. In addition, Customer shall be liable for all fees incurred by Company due to payment processing fees resulting from bounced checks, insufficient funds/bank overdraft fees and/or chargebacks.

4. COPYRIGHT POLICY

The Company respects the intellectual property rights of others and will not knowingly post content that is subject to trademark, copyright or other intellectual property restrictions. Client acknowledges and agrees that all material provided by Client to the Company, including but not limited to, business names, logos, content, or any other form of intellectual property associated with the Client’s business is owned solely and exclusively owned by Client and the Company has the right to publish such content. The Company reserves the right to take down any content that in the Company’s sole discretion is in violation of this provision.

5. INDEPENDENT CONTRACTOR STATUS

The Company and the Client acknowledges and agrees that all Services will be rendered by the Company as an independent contractor and that this Agreement does not create an employer/employee relationship between the Company and Client. Thus, the Company shall have no right to receive employee benefits including, but not limited to, insurance, social security, unemployment or any other benefits. The Client shall also not be responsible for federal, state and local taxes derived from the Company’s net income or for the withholding and/or payment of any federal, state and local income and other payroll taxes.

6. COMPANY’S OBLIGATIONS TO THE CLIENT

The Company agrees to communicate and cooperate with the Client and shall provide all Services in a professional and workmanlike manner. The Company represents and warrants that they have no conflicting obligations during the course of this engagement and shall not take on commitments that would prohibit the Company from completing the Services described in Section 2 or the applicable Statement of Work. The Company further agrees to promptly notify the Client of any schedule changes that could adversely affect this Agreement. The Company further agrees to provide at least fifteen (15) days notice to the Company in the event of early termination of this Agreement.

7. CLIENT REPRESENTATIONS

Client represents that: (1) he is not a party to any agreement that would prohibit him from entering into this Agreement with the Company; (2) no trade secret or proprietary information belonging to Client’s previous employers, contractors, or associates will be disclosed by him/her to the Company; (3) Client has brought to the Company’s attention any and all matters that could impact this Agreement; and (4) Client has obtained any and all requisite permissions, licenses, and/or approvals to post, publish, or otherwise distribute via social media the information, materials and content provided to the Company for the purposes of this Agreement.

8. CONFIDENTIAL INFORMATION

The Company agrees to maintain in confidence all business information, proprietary information, trade secrets, and any other information that the Client holds as confidential. Company further agrees not to disclose to anyone, for any reason, confidential or personal information that relates to the Client’s employees, staff, clients or other business contacts other than as may be required by law. The Company agrees that all confidential information, business information, proprietary information, trade secrets, and other forms of sensitive Client information will be used solely for the benefit of the Client, and not for personal use, nor the benefit of any other third party.

9. AT-WILL ENGAGEMENT

The Company’s engagement with the Client is “At-Will.” This means that Company has the right to terminate this Agreement at any time and for any reason, in accordance with the notice requirements of this Agreement. Likewise, the Client may terminate this Agreement with or without cause at according to the term and notice requirements herein.

10. INDEMNIFICATION

Client agrees to indemnify, defend and hold harmless the Company, its officers, directors, employees, subcontractors, agents, and their respective successors, heirs and assigns (the “Indemnitees”), against any claim, liability, cost, damage, deficiency, loss, expense or obligation of any kind, including attorneys fees and other costs of litigation, incurred by the Indemnitees in connection with any claims, suits, actions, demands, or judgments arising out of this Agreement including, but not limited to, actions in the form of intellectual property infringement, tort, warranty, negligence, or strict liability.

11. INTELLECTUAL PROPERTY

The Company represents that all work product provided to the Client during the course of providing the Services under this Agreement shall become the sole and exclusive property of the Client, and shall to the extent permitted by law be a “work made for hire” within the definition of Section 101 of the Copyright Act (17 U.S.C. § 101), provided however, the Company’s fees are paid in full. To the extent any work product is not deemed to be a work made for hire within the definition of the Copyright Act, the Company hereby agrees to assign to the Client all rights to such work product, provided however, the Company’s fees are paid in full.

12. ENTIRE AGREEMENT

This Agreement is the entire agreement regarding the terms and conditions of the Company’s engagement. Accordingly, it supersedes and replaces any prior oral or written communications.

13. MODIFICATION

The Company may update this Agreement or the applicable Statement of Work from time to time. At such times, the Company will present the Client with an updated version of this Agreement in writing, at which time the Client may either elect the new terms and continue to this engagement or decline the new terms and end the engagement.

14. EARLY TERMINATION

This Agreement may be terminated with or without cause by the Company upon fifteen (15) days prior written notice. This Agreement may be terminated by the Client with or without cause upon fifteen (15) days prior written notice subject to the restrictions included herein.

15. LIMITATION OF LIABILITY

The liability of the Company shall be limited to the total amount of fees due to Company under this Agreement. In no event shall the Company be liable for any indirect, incidental, special, consequential, or other damages.

16. SEVERABILITY

If one or more provisions of this Agreement are held to be unenforceable under applicable law, the Parties agree that such provision shall be excluded from this Agreement and the balance of the Agreement shall be enforceable in accordance with its terms.

17. FURTHER ASSURANCES

Each of the Parties agrees to execute, acknowledge and deliver in proper form, any additional documents and/or perform such further actions as may be necessary or appropriate to effectuate the provisions of this Agreement.

19. GOVERNING LAW

This Agreement and the rights and obligations of the Parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of virginia without giving effect to principles of conflicts of law. The Parties agree that any disputes regarding this Agreement shall be subject to exclusive jurisdiction in the State of Virginia.

1. Services

ETkiks Llc  (“ETkiks”) has agreed to provide to Client the services set forth in the Customer Contract (“Services”). All capitalized terms used herein without definition shall have the meanings set forth in the Customer Contract. In the event of any conflict between any specific terms and conditions in the Customer Contract and these Standard Terms and Conditions, the Customer Contract shall control. The Customer Contract and the Standard Terms and Conditions together shall constitute the “Agreement.”

2. Fees

The Monthly Fees, Video Production Fee (if applicable), Hardware Fee (if applicable), Add-On Fees (if applicable) and any other charges or fees for Services ordered by Client are defined, collectively, as the “Fees.” Client will be responsible for paying any and all applicable sales and use taxes for the Services. Unless otherwise stated in the Customer Contract, Fees are due prior to the performance of the Services. The Agreement term shall begin upon execution of a Customer Contract, and upon such execution, Client shall pay the applicable, Add-On Fees, and the first Monthly Fee as set forth in such Customer Contract. If Client has elected to pre-pay his/her Monthly Fees and/or recurring monthly Add-On Fees, such prepayments shall be due upon execution of this Customer Contract. Monthly Fees and recurring monthly Add-On Fees shall be due and payable in advance of each calendar month following the contract date. For illustrative purposes only, if Client’s Customer Contract is dated on the fifteenth (15th) of a month, then Client’s Add-On Fees (if applicable), and first Monthly Fee shall be due and payable to Company upon signing of the Customer Contract and on the fifteenth (15th) of each calendar month thereafter, Customer shall pay the subsequent Monthly Fees and all applicable monthly recurring Add-On Fees. Alternatively, if the Client has elected to pre-pay Monthly Fees and recurring monthly Add-On Fees, such prepaid Fees shall be due and payable upon signing of the contract. Company shall begin production of the products (the “Licensed Products”) ordered by Client in accordance with the specifications set forth in the Customer Contract upon receipt of the Fees. Any amounts not paid within 30 days of the date due will bear a monthly finance charge equal to the lesser of 1.5% of the outstanding balance or the maximum amount allowed by law. In addition, Customer shall be liable for all fees incurred by Company due to payment processing fees resulting from bounced checks, insufficient funds/bank overdraft fees and/or chargebacks.

3. Production and Fulfillment

Process.

Production of the Licensed Products will begin upon receipt of the applicable Fees. Included in your purchase price is two (2) rounds of revisions on your Website prior to launch and one (1) round of edits for your Video (if applicable). Edits and revisions shall be limited to and subject to the Company’s standard policies and procedures. Requests for additional edits and/or revisions, changes and/or services that fall outside of Company’s standard production and fulfillment processes may be subject to an additional charge of: $75/hr for Video edits/revisions/changes, $75/hr website edits/revisions/changes, and $300/hr for services that fall outside of the Company’s standard production and fulfillment processes. Client will be required to approve in writing any edit, revision, change, or service request, beyond the included rounds of revisions specified above.

Video/Photo Scheduling and Consents (IF APPLICABLE).

Client shall have the right to reschedule up to two times the date and time of the Video/Photo shoot by providing at least 48 hours advance notice. If Client fails to give the required notice, or is not available at the scheduled time (i.e. without the required notice), Client shall pay a $200 cancellation/rescheduling fee for each such cancellation/rescheduling. Client is responsible for obtaining all permits, consents and approvals required to film Client, its location and any other items, logos or people appearing in the Video and Photos to be taken by Company and to permit the use of such Video and Photos in accordance with the terms herein. Client is entitled to shooting at one location and inclusion of one music track. Additional charges may apply for shoot locations outside the continental US (i.e., international, Alaska or Hawaii).

4. Licensed Rights; Aftercare.

Grant of License.

Provided that Client has paid all Fees and subject to, and for so long as, Client makes timely payments of all other applicable Fees, Company grants Client the non-exclusive worldwide right (the “License”) to exploit the Licensed Product throughout the world. Upon termination of the Agreement and/or Client’s failure to make timely payments under this Agreement, Client’s License shall terminate. For the sake of clarity, Client shall have no right to the source code of the Licensed Products (including but not limited to the Website). Client acknowledges and agrees, as between Client and Company, that except for content provided to Company by Client, all copyrights and other intellectual property elements and rights contained in or displayed in the Licensed Products (collectively, the “Company IP”), including without limitation design elements, templates, images, scripts, story lines, sound tracks, tag lines, and “look and feel,” object code, source code, and mobile application functionality, music or video, video footage, still photos, still photography elements created or owned by Company (e.g. Company stock footage or photography), or under license and included in the Licensed Product, search engines, Java applets, toolbars and ActiveX controls, wpmu dev api,  are owned exclusively by Company. The incorporation of any Client Materials into any Licensed Product in no way will affect Company’s continued and separate copyright ownership in the Licensed Products, and Company’s ownership will not merge with Client’s ownership of the Client Materials nor deprive Company of its copyright ownership. Company retains its rights to such Company IP for use by Company in any manner Company determines, subject to Client’s License to use the Licensed Product pursuant to the terms and conditions herein. Client shall not have the right to use the Company IP except as incorporated as part of the Licensed Product as a whole (for example, Client shall not have any separate right to use any components or source code except in connection with the Licensed Product). Client agrees not to reverse engineer any source code or other element of the Licensed Product or otherwise use or allow others to use the Licensed Product in any manner other than as specifically permitted herein. Client hereby agrees that Company may use the Licensed Product, including but not limited to any materials or content provided by Client, for Company’s marketing and promotional purposes. Client further acknowledges and agrees that Company shall have the right include its logo and other attribution information on Client’s Website, Video and other Licensed Products as determined by Company in its sole discretion. If client has made a minimum payment as negotiated prior towards this agreement, client will have the right to claim ownership of website, relieving ETkiks Llc of any and all claims of ownership or responsibility. If client chooses to claim ownership, any and all assets and tools associated with the website that ETkiks Llc has exclusive rights to will not be transferred and will be removed from the website prior to ownership transfer.

5. Other Terms

Company is acting solely as an independent contractor and not as an agent, partner, joint venturer, or employee of Client. Where agreement, approval, acceptance, or consent by either party is required by any provision of the Agreement, such action shall not be unreasonably delayed or withheld. If any term, provision, covenant or condition of the Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. Neither party shall be liable to the other for delays to the other or failures to perform (other than with respect to confidentiality and payment obligations) under the Agreement if the delay or failure is caused by shortage of labor, labor disputes, war, act of enemies, riots, insurrection, civil commotion, federal, state or municipal action, statue ordinance, or regulation, fire, flood, earthquake, accident, storm, explosions, acts of God, the inability to obtain essential materials, services or other resources, or other causes beyond the party’s reasonable control (“Force Majeure”). If after payment of any Fee, Company in its sole good faith discretion determines not to proceed with production of the Licensed Product, then Company may terminate the Agreement.

Client may not assign this contract without the written consent of Company.

Client acknowledges that Company may suffer great harm from misuse of the Licensed Product or Company IP licensed hereunder, and accordingly Client agrees to take reasonable precautions to prevent such misuse by Client. Company may seek injunctive or other equitable relief against the breach or threatened breach of this Customer Contract regarding material, uncured misuse of Company IP, in addition to any other legal remedies that may be available. Client’s rights and remedies in the event of a breach of this Customer Contract by Company shall be limited to the right, if any, to recover damages in an action at a law and Client shall not be entitled to any equitable relief to restrict or interfere with Company’s rights pursuant to this Customer Contract.

The Customer Contract and the Standard Terms and Conditions (including all Exhibits) constitute the entire agreement between the parties with respect to the Services and supersedes all prior or contemporaneous agreements or representations of the parties, whether express or implied, oral or written, with respect to the subject matter hereof. Accordingly, Client shall not rely on any representations or warranties that are not expressly set forth in the Agreement. No change, waiver, or discharge hereof shall be valid unless it is in writing and is executed by both parties.

From time to time Company may adjust it business practices and/or amend or modify these Standard Terms and Conditions. The revised Standard Terms and Conditions shall be posted on Company’s Website and/or sent to Client. Client agrees to maintain a current and operational email address on file with Company and Client further agrees that any correspondence or notification sent by Company to the email address that Client has on file with Company, shall be deemed delivered. Client acknowledges and agrees that Company may from time to time send surveys and other marketing-related correspondence to Client via electronic or standard mail, and that Client may opt-out from receiving such correspondence in the future. In addition, Client will be liable for any attorneys’ fees and costs (including collections costs) if Company takes any legal action to enforce the Agreement. 

Exhibit A – Service Level Agreement

This Exhibit A is subject to the terms of and is hereby incorporated by this reference to the Agreement. The terms of this Exhibit A shall control if there is a conflict with the terms of the Agreement.

  1. Service Level Agreement (SLA). The hosting of the Website (the “Hosting Services”) by Company will meet the Performance Objective set forth in Section 2 below. Failure by the Company to meet this SLA will result in the issuance of a credit to Client in accordance with Section 3 below.

  2. Performance Objective. During the term of the Agreement, Company will provide uptime hosting of the Website of 99.8% (“Hosting Uptime”) of available time. Total Hosting Uptime shall be solely determined by Company and shall be calculated on a monthly basis. For purposes of calculating such Hosting Uptime, the service interruptions caused by the following shall not be included:

    1. periodic scheduled maintenance or repairs Company may undertake from time to time.

    2. changes to the Licensed Products or Services requested by Client;

    3. errors caused by Client from custom scripting or coding;

    4. outages that do not affect the appearance of the Website but merely affect access to the Website such as FTP and email;

    5. causes beyond the control of Company or that are not reasonably foreseeable by Company;

    6. problems with Client’s domain registrar;

    7. suspension of the Services by Company in accordance with the Agreement; and

    8. outages related to the reliability of certain programming environments.

  1. Remedies for Service Outages

    1. In the event Client requests a credit and Company determines that it has failed to meet the Performance Objective, then Company will issue to Client a credit to be applied towards the next monthly invoice for Hosting Services provided under the Agreement, equal to 5% of the recurring Monthly Fee associated with such Hosting Service.

    2. Any claims for a credit pursuant to this Section 3 shall be made by Client within thirty (30) days after the alleged failure to meet the Performance Objective and will be made to Company’s customer support organization via email or any other mutually agreed upon means. Claims made thirty (30) days after the event will not be eligible for any of the remedies described in this Exhibit.

    3. Credits shall only apply to Hosting Services and will not apply to any other Service provided by Company. Client’s account will not be credited more than once per month under this Exhibit. Client’s sole and exclusive remedy, and Company’s sole and exclusive liability, in the event Company fails to meet the Performance Objective in Section 2 above, shall be to receive a credit in accordance with the terms of this Section 3.

Sales Support  

United States

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