Terms and conditions
Sultanio Influencer Agency LLC, d.b.a Sultanio
Terms & Conditions
This website is operated by Sultanio. Throughout the site, the terms “we”, “us” and “our” refer to Sultanio. Sultanio 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.
This terms and conditions served as Sultanio Contract Service Agreement (the “Agreement”) which you (the “Client” or “You”) purchased products and services to provide the services as outlined herein. You are legally bound by the terms and conditions of this Agreement. The “Effective Date” of this Agreement shall be the date on which You purchased our products and/or services with Sultanio.
SECTION 1 - CHECKOUT 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 unencrypted 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 - 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 5 - 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 6 - 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 7 - PERSONAL INFORMATION
SECTION 8 - 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 9 - 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, pharm, 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 10 - 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 representations, warranties or conditions of any kind, either expressed 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 Sultanio, 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.
SULTANIO SHALL NOT BE LIABLE TO CLIENT OR ANY ENTITY OR PERSON CLAIMING THROUGH OR UNDER CLIENT FOR ANY LOSS OF PROFIT OR INCOME OR OTHER INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, WHETHER IN AN ACTION FOR CONTRACT OR TORT, IN CONNECTION WITH THIS AGREEMENT, EVEN IF SULTANIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SULTANIO’S LIABILITY TO CLIENT HEREUNDER EXCEED THE AMOUNT PAID TO SULTANIO BY CLIENT FOR THE PREVIOUS ONE (1) MONTH OF SERVICES. THIS LIMIT IS CUMULATIVE AND THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THE LIMIT. CLIENT ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES AND IN THEIR ABSENCE THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
SECTION 11 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Sultanio 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 12 - 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 13 - 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 14 - OUR SERVICES
Sultanio will provide Services to Client based on the information provided on our Sultanio website. It is your responsibility to thoroughly review and understand the terms and conditions outlined herein. This Agreement is effective upon execution by Client and Client’s onboarding and supersedes all previous oral or written agreements to. It is your responsibility to read through these terms in full so You fully understand what You are agreeing to.
Due to the nature of working with third party platforms like Facebook, Instagram, Twitter, and LinkedIn, sometimes We have no control over issues that may occur.
Client acknowledges at least one platform we work with must be connected to our Client Portal in order for us to provide the social media management services. Once the connection is received, Sultanio will begin posting to your accounts within 3-5 business days. If You change your password, You are asked to report the change to Sultanio immediately so as not to interrupt your Service. It is good practice to check your accounts and our work at least once a week, also to provide us with direction and feedback. In the case of a disconnect or inability for Us to access the account to post, Client agrees to not hold Sultanio liable. As long as we have access to one platform and are posting according to schedule, we are fulfilling our Service as described. If we don’t have access to any platforms, we have the availability to make up any missed posts by posting two times a day until the accrued missed posts have been made up. Missed posts due to lock out by no fault of Sultanio are not grounds for a refund. Keep reading for information on our cancellation and refund policies.
SECTION 15 - OUR SOCIAL OBLIGATIONS
Sultanio will provide Services to Client in accordance with Sultanio’s standard policies and procedures. Sultanio reserves the right to reject clients for any reason, at our sole discretion. Sultanio will be responsible for all aspects of providing the Services.
The rules, policies, and operating procedures of Sultanio, regarding privacy, pricing, customer service, and all other aspects of the Services will apply, and Sultanio may change its rules, policies, and operating procedures from time to time in its sole discretion. This includes pricing, package inclusions, and more. You may be grandfathered into an archived product if we still offer it, at Sultanio’s sole discretion.
SECTION 16 - SERVICE DESCRIPTIONS, FEES, AND PAYMENTS
All fees for Services provided to Client are due and payable in full, in advance of provision of Services. A valid credit card for monthly payment of fees shall remain securely on file to cover monthly recurring charges for Service. The Client authorizes Sultanio to charge Client’s credit card for the fees listed herein.
Initial charges for Services will be paid in advance of Services. You agree to the setup fee specified on the website when signing up. Thereafter, Sultanio will attempt to charge Client’s credit card on the monthly anniversary date of Clients’ first ordering Services. Client agrees to pay the monthly management rate until the agreement is canceled or modified.
Charges not paid by the due date for any reason will result in a suspension of Services until full payment is received. Suspension of Services for non-payment will not result in a proration of fees. If Sultanio cancels for non-payment, Client will be notified via email.
Except in the case of a material breach of this Agreement by Sultanio, Sultanio does not issue refunds of any fees for any reason. Fees due to Sultanio are not contingent upon any form of marketing results. Client is paying for time and work performed. Sultanio offers credits for any true mistakes made on our side with evidence to support it.
Cancellation Policy – Cancellations are required 30 days before a Client’s next billing date by emailing email@example.com. Client may not terminate this Agreement prior to the second billing.
Continuation of work for a Client with a past due balance, who did not cancel, will result in accrued back-payments. Sultanio does not charge interest. We promise to keep accurate records of all communication and work performed to justify the back payment due.
Our Services officially start the day You sign up and We begin the on-boarding process, not when We first post. If onboarding goes beyond 4 business days because of Sultanio’s delay, the Client NOT getting Us what We need promptly (We have another clause for this), We will move your billing date to ensure you get a full month of service once you are onboarded with at least one profile.
This Agreement will supersede and replace all other agreements between the parties of the same subject matter, including any agreements, directions, or claims made by Sultanio employees, unless a formal variance is confirmed and agreed to by the Client and executive level management at Sultanio. This includes the CEO and President of Sultanio.
Posting to Multiple Platforms and Missed Posts – Many of our packages include posting to multiple platforms through platform technology. In social media marketing practices, it is common for accounts to get disconnected for multiple reasons out of our control. Our pricing model is based on posts going out on a minimum of 3 channels. We request our clients to check their social media accounts twice a week to review content and provide feedback and alert us to any possible disconnects so we can promptly reconnect. For this reason, if Sultanio is posting to at least 1 social media channel we are fulfilling our contractual obligation as laid out in our terms and conditions.
Our content management services packages will continue to be fulfilled even when the Client does not respond to or mark their content for approval. Unless the plan is cancelled, Sultanio will continue to provide services. If Client fails to approve content for any period of time, Our policy is to begin automatically approving posts after a period of one month. Client agrees to one round of edits per week of plans.
You agree to review your social media accounts regularly. You agree to spend at least 10 minutes every other week to review all of your social media accounts to ensure Our posts meet your satisfaction, and no platforms are missing posts. Sultanio is not responsible for posts missed on any platforms (due to disconnects out of our control like changed passwords or security lock outs) or editing/removing content that has been posted over two weeks ago, or longer.
Facebook and Instagram Advertising – Similar to Our content management services plans, advertising Clients assume full responsibility for monitoring their ad spend on a bi-weekly basis (there is an app on your phone for this, just ask). You agree not to hold Sultanio liable for any ad spend paid to Facebook Inc. beyond a two-week period. Please be aware that social advertising is a “top-heavy” service, this means a great deal of work and resources are invested before a campaign ever even goes live. This includes competitor analysis, audit of your website and Facebook page, target audience development, creative development, and so much more (easily 30-40 hours of work). This can cause a campaign to go live in the second billing period where We move into the optimization phase. During the optimization phase, We work to find the best performing ad sets, widen or constrict the target audience, interpret the analytics, and possibly even start an entirely new ad set. In the event of a Client cancellation, and the ad campaign continues to run or is not paused by request during our paid retainer period, Sultanio cannot be responsible for advertising expenditures after a Client relationship has terminated or beyond the two-week monitoring period. This is a good business practice to monitor ad spending especially if you’re staying on top of your bookkeeping. Sultanio fees are not contingent upon campaign results. There are no refunds for campaigns where a Client does not take full advantage of all services included in a package they purchase. Delays caused by Facebook’s ad rejections that last longer than 7 days will result in a credit corresponding to the delay in campaign start date in the form of a credit in moving back your billing date. This is the only situation where an ad date will be moved back. There are no refunds whatsoever, even if none of your ads are approved by Facebook, or they disable your ad account.
Disputes – We have signed agreements with all of Our customers. We will fight vigorously if the Client breaches the contract. Your account will then be turned over to collections and we report to all three credit bureaus.
SECTION 17 - WARRANTY DISCLAIMERS
REFUND POLICY – Once you have paid and completed a service agreement there are no full refunds. Throughout this Agreement, it is explained that due to the nature of working on third party platforms, disconnections, clients not checking our work on time, there are absolutely no refunds. Our services are all service-based, and we hold the right to refuse refunds. In the event we didn’t deliver, you agree to accept a credit in the amount of the value of that service.
SULTANIO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING OR RELATED TO THIS AGREEMENT, THE SERVICES OR ANY MATERIALS OR ASSISTANCE PROVIDED TO CLIENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, COURSE OF PERFORMANCE OR DEALING, TRADE PRACTICE, TITLE, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
SECTION 18 - SOCIAL MEDIA ACCOUNT SUSPENSIONS, LOSS OF ACCESS, OR DELETION
Client will indemnify and hold harmless Sultanio and its customers, suppliers, directors, officers, agents and employees from and against any and all losses, costs, damages, liabilities and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or relating to any issues with social media account suspensions, copyright issues, accidental loss of access or deletion, or any other issues with regards to third-party platforms. Reasons you may experience a social media account suspension or disablement include, but are not limited to, the use of bots or plug-ins that don’t abide by the social platforms TOS, creating a personal account as a business account, not verifying your account (for example, not verifying your Twitter or Instagram account with an email, and often adding a phone number that can receive texts to verify the account), personal accounts should have the profile picture of a real person, not a logo, and be treated like a person, not a business. That’s what business pages are for. As mentioned above, it’s required for You to login to your social media accounts regularly (every two weeks is standard, but at least once a month) to ensure they stay active and don’t get flagged from sources posting to your accounts all the time without the account owner ever logging in. This is an important responsibility of yours as the Client. This same clause applies to a reseller’s client as well as You have been asked to have them sign a similar contract.
Sultanio uses only content provided by the client, or one of several photography databases that offer royalty free images for marketing use. We pay for many of these services. Regardless, Client will indemnify and hold harmless Sultanio and its customers, suppliers, directors, officers, agents and employees from and against any and all losses, costs, damages, liabilities and expenses (including, without limitation, reasonable attorneys` fees) arising out of or relating to any issues with content posted to a client’s social media account that results in any claims of copyright infringement. Client agrees to assume full responsibility for the content posted to their accounts.
SECTION 17 - MISCELLANEOUS
This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof. This Agreement may be amended only by a writing signed by both parties. An email communication sent to Client’s last known email address will be deemed sufficient notice of any such changes in this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties’ successors and permitted assigns; provided however, that Client may not assign this Agreement, in whole or in part, without Sultanio’s prior written consent and any assignment by Client without such consent shall be null and void. This Agreement shall be governed by and interpreted in accordance with the laws of the state of California without regard to its rules pertaining to conflict of laws. Any litigation or dispute resolution related to this Agreement shall take place in Sacramento County, California, and the parties hereby consent to the jurisdiction of the state and federal courts located therein. Except as otherwise expressly set forth herein, any notice required or permitted to be given under this Agreement shall be sufficient if in writing, in the English language, and sent via U.S. Certified Mail, return receipt requested. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, that provision will be severed only to the extent minimally necessary, and the remaining provisions of this Agreement will remain in full force and effect.
The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.
SECTION 17 - CREDIT CARD DISPUTES
All charges made to Client’s credit card on file shall be presumed accurate unless disputed in writing within 15 days of the billing statement issue date of Client’s credit card. In the event of a credit card dispute, all credits, refunds, and account work comes to a halt until the dispute is resolved. Resolving a dispute can take one to three months, sometimes longer. Negotiating a fair compromise and credit will always be more favorable than filing a dispute in almost all cases. We are always happy to negotiate a favorable outcome for both parties.
SECTION 18 - 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 19 - 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 California.
SECTION 20 - 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 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org