Print

TravSonic Multimedia Terms Of Service

This Terms of this Service Agreement (" Agreement ") is rendered as of date of which the Client ("services rendered to") first uses the TravSonic Multimedia ("company rendering service") services.

WHEREAS , TravSonic Multimedia offers web design and optimization services/ audio production/ video production and graphic design ("company rendering service") and implementation of tech support to render such services to Client.

WHEREAS , Client wants to retain TravSonic Multimedia to allow Client to use the services under the terms and conditions set forth in this Agreement.

NOW THEREFORE , Client and TravSonic Multimedia agree to the foregoing and as follows:

1-Overview

1.1 Overview of this Agreement . Agreement represents the terms and conditions under which TravSonic Multimedia shall provide Client access to, and use of the TravSonic Multimedia service package/ packages subscribed to ("TravSonic Multimedia"), ordered by Client. TravSonic Multimedia shall provide to Client services via the Internet: Any attempt to alter or amend the terms and conditions contained in this Agreement through conflicting or inconsistent terms in any other document shall be void and of no force and effect.

2-TravSonic Multimedia

2.1 Equipment . Client will be responsible for procuring, at Client's sole expense, all equipment or other software, if any, required to use TravSonic Multimedia.  It is noted that clients will receive data of completed projects and will need appropriate software to access files.

2.2 Restrictions of service . Client WILL NOT: (a) sell, lease, license or sublicense any services; (b) copy or reproduce any part of the TravSonic Multimedia's services (except as expressly provided for herein); (c) interfere with the TravSonic Multimedia site (www.travsoniconline.com) or division partners in any way; (d) spam, mailbombing, spoofing or any other fraudulent, illegal or unauthorized use of the TravSonic Multimedia's trademark; (e) allow any action involving the TravSonic Multimedia services that is inconsistent with the terms and conditions of this Agreement.

Any production containing adult content WILL NOT be rendered.

2.3 Non-Exclusivity of service . The Client acknowledges and agrees that Travsonic Multimedia is providing access to and use of the TravSonic Multimedia services to multiple clients and that such services are non-exclusive and non-transferable.

2.4 Service Content . Client takes full responsibility for all content suggested or supplied to TravSonic Multimedia for inclusion in it's service(s), promotion(s) or any form of media. Client legally liable for the supplied content for services. Client agrees to abide by all local, state, national, and international laws regarding trademarks, patents and copyrights.

2.5 Web Content. Client agrees to all content created by TravSonic Multimedia to be hosted on customer's website for the purposes of achieving increased search engine visibility.

2.6 Added Service Content . Client agrees once the TravSonic Multimedia service is rendered, any requested modifications/ changes to graphics, text, web pages, and forms or any other requests extending outside of the scope of the project will not be included or considered without advanced payment of extra fees.

2.7 Changes and Alterations . Client agrees to pay TravSonic Multimedia extra fees (stated in pricing) for any changes, modifications, and updates that exceed the scope of the project (as defined on the pricing page).


2.8 Archiving . Travsonic Multimedia is not responsible for archiving documents, graphic work, physical goods or web pages created for client or documents, graphic work, physical goods or files which are mailed, email or faxed to TravSonic Multimedia. TravSonic Multimedia Services is not responsible for returning any files, documents or physical goods emailed, faxed or mailed to TravSonic Multimedia.

Any works created at TravSonic Multimedia will be saved on local hard drives for a period of 7 days after the project has been completed. Client will receive a CD/ DVD of final project, which thereof project data may be erased by TravSonic Multimedia after the 7 day period after completion date.

3-FEES; PAYMENT AND GUARANTEE TERMS

3.1 Application and Use Fee . All rates and prices quoted herein are in U.S. Dollars. Any and all charges will appear on your statement. You understand and agree that the service provided is billed in advance. Customer shall pay any taxes according to the TravSonic Multimedia services then-applicable fee schedule.

3.2 Late Payments . If Client fails to pay any fees by the due date, TravSonic Multimedia will have the right to: (a) suspend access to any or all of the TravSonic Multimedia services and/or performance of the services provided by TravSonic Multimedia hereunder and/or terminate this Agreement. Any such suspension or termination will not relieve Client from paying any outstanding fees plus interest and late charges. Client will be responsible for any costs associated with collecting such fees including, without limitation, legal costs, attorneys' fees, court costs and collection agency fees.

3.3 Refunds and Guarantees .

Due to the nature of the services, TravSonic multimedia cannot offer guarantees for a majority of services and, as such, all payments are non refundable upon final completion of said service. The only exception will be when a minimum number of  guaranteed search engine rankings is applicable (in optimization services only).

Refunds to web projects are only provided in instances where the guarantee has not been met on a guaranteed service by the tenth month, as described above.

Completed services will not net a refund in any manner. This includes optimizations, press releases, link building, consultations and monthly maintenance services. There is no refund on work performed once completed.

Any web site downtime of one day or more voids the guarantee because search engines will remove your listing if they cannot find your site.

Cloning your web site after the promotion has been uploaded will void the guarantee because search engines penalize and ban sites for this practice.

3.4 Time Constraints . Unless otherwise specified in writing by TravSonic Multimedia, all projects will be considered completed upon delivery of the completion notification email. Any additional work will be considered out of the scope of the initial project and subject to hourly charges.

3.5 Cancellation Fee . In consideration of the necessary set-up requirements and billing costs associated with our web promotion and press release services, a cancellation fee amounting to 20% of the total project cost is standard procedure to all projects that have yet to begin.

ARTICLE 4-LIMITED WARRANTIES

4.1 Customer Warranty . Customer represents and warrants to TravSonic Multimedia that: (a) Client has the authority to enter into this Agreement and perform its obligations under this Agreement; (b) Client and its Authorized Users will only use the TravSonic Multimedia for lawful purposes and will not violate any law of any country or the intellectual property rights of any third party; and (c) Client warrants that it is not located in a country where export or re-export of the contents of information received via the Internet is prohibited. Should Client receive notice of any claim regarding the TravSonic Multimedia, Client shall promptly provide TravSonic Multimedia with a written notice of such claim.

4.2 TravSonic Multimedia Warranty . TravSonic Multimedia warrants that: (a) TravSonic Multimedia has the authority to enter into this Agreement and perform its obligations under this Agreement; and (b) TravSonic Multimedia will perform the services required under this Agreement in a professional and workmanlike manner.

4.3 Disclaimer .

EXCEPT AS OTHERWISE SET FORTH HEREIN, TRAVSONIC MULTIMEDIA MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING OR RELATING TO ANY OF THE SERVICES AND/OR ACCESS TO OR USE OF THE TRAVSONIC MULTIMEDIA SERVICES PROVIDED TO CLIENT UNDER THIS AGREEMENT. TRAVSONIC MULTIMEDIA SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

ARTICLE 5-INDEMNIFICATION Client agrees to indemnify, defend (at TravSonic Multimedia' sole option and at Client's sole expense) and hold harmless TravSonic Multimedia, its managers, directors, officers, employees, independent contractors and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that such action is based upon a claim arising out of or relating to Client's use of and/or access to the TravSonic Multimedia or services provided hereunder. Client specifically acknowledges that TravSonic Multimedia shall not be liable to Client for losses, if any, incurred as a result of fraudulent or unauthorized misuse of TravSonic Multimedia.

ARTICLE 6-CONFIDENTIAL INFORMATION " Confidential Information " will include the terms of this Agreement, any software and services provided by TravSonic Multimedia under this Agreement, the prices and fees charged under this Agreement, any other materials marked confidential by Client or TravSonic Multimedia and any other information conveyed under this Agreement that is identified in writing as confidential at the time of its conveyance. Each party acknowledges and agrees that: (a) the Confidential Information constitutes valuable trade secrets of the party owning such Confidential Information; (b) it will use Confidential Information solely in accordance with the provisions of this Agreement; and (c) it will not disclose, or permit to be disclosed, the Confidential Information of the other party to any third party without the disclosing party's prior written consent. Each party will take all reasonable precautions necessary to safeguard the confidentiality of the other party's Confidential Information including, at a minimum, those precautions taken by a party to protect its own Confidential Information, which will in no event be less than a reasonable degree of care. Confidential Information will not include information that is: (d) publicly available; (e) already in the other party's possession and not subject to a confidentiality obligation; (f) obtained by the other party from any source without any obligation of confidentiality; (g) independently developed by the other party without reference to the disclosing party's Confidential Information; or (h) required to be disclosed by order of a court or other governmental entity; provided no less than ten (10) days written notice is given to the party owning such Confidential Information so that such party may obtain a protective order or other equitable relief.

ARTICLE 7 - TERMINATION & BREACH OF CONTRACT

7.1 Termination by TravSonic Multimedia . TravSonic Multimedia shall have the right, upon written notice to Client, to terminate this Agreement if: (a) Client fails to timely pay TravSonic Multimedia any amount due to TravSonic Multimedia under this Agreement; (b) Client materially breaches any term or condition this Agreement, provided such breach is not cured by Client within thirty (30) calendar days following TravSonic Multimedia notice to Client of such breach; or (c) Client (i) terminates or suspends its business activities; (ii) becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to direct control of a trustee, receiver or similar authority; or (iii) becomes subject to any bankruptcy or insolvency proceeding under federal or state statutes.

7.2 Abandoned Projects. During any stage of the service process, a developer or project manager will be working with you to gather information to start, feedback to revise, or approval to complete your project. Prompt response will be necessary for the project to move forward in a timely manner. If a response is not received from the client for more than 60 days, the promotion project is considered “abandoned” and payment is surrendered in full.

7.3 Termination by Customer . Client will have the right, upon written notice to TravSonic Multimedia, to terminate this Agreement if TravSonic Multimedia is in material breach of this Agreement and TravSonic Multimedia fails to remedy such material breach within thirty (30) calendar days of its receipt of such written notice.

7.4 Entire Agreement . This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.