SPHEREWORKS Services Contract
1. Services Provided
SPHEREWORKS (= the agency) agrees to provide the following services to the Client:
Branding:
The Agency shall provide a singular, customized digital signature utilizing materials provided by the Client. This service shall be rendered for a one-time fee, included within the mutually agreed upon compensation, and renewed once a year if the customer so requests, and provides new material to the agency.
In the event the Client seeks modifications or alterations at any other point in time, such requests shall be subjected to an internal supplementary procedure, necessitating the Client's payment of the corresponding fee for said supplementary process.
Email Marketing:
The Agency undertakes the responsibility to create, schedule, and deploy a quantity of two to five emails per calendar month, directed at the list of recipients provided by the Client, hereinafter referred to as the “Database".
By accessing or using the services provided through Sphereworks, you acknowledge and agree to the following terms and conditions:
- Third-Party Platform: The email and social media posting services offered on this platform are provided by Sphereworks ("the Company") utilizing the infrastructure and technology of Constant Contact ltd. The Company is not affiliated with the Third-Party Platform and does not control its operations. However, customers of SphereWorks, llc might be contacted by third parties platforms in order to, and exclusively for verifying their email address, and ensure the security of their data as provided in the following link:
https://www.constantcontact.com/legal/terms
- Service Provision: While the Company endeavors to provide reliable and efficient services through Constant Contact, we cannot guarantee uninterrupted or error-free access. The availability of services may be subject to downtime, maintenance, or technical issues beyond our control.
- Third-Party Terms: Sphereworks use of Constant Contact Platform is subject to its terms of service, privacy policy, and other applicable agreements. It is your responsibility to review and comply with these terms, as the Company is not liable for any violations or disputes arising from your use of the Third-Party Platform.
- Limitation of Liability: The Company shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Third-Party Platform, including but not limited to loss of data, loss of profits, or business interruption. You agree to indemnify and hold the Company harmless from any claims or liabilities related to the use of the Constant Contact Platform.
- Modification of Terms: The Company reserves the right to modify, suspend, or terminate the services provided through the Constant Contact Platform at any time without prior notice. We may also update these terms and conditions periodically, and your continued use of the services constitutes acceptance of any changes.
- By accessing or using the services provided through the Constant Contact Platform, you agree to abide by these terms and conditions. If you do not agree with any part of these terms, you should refrain from using the services.
Email list management
At SphereWorks we can only guarantee the quality and the vehiculation of the agreed upon services. It is the owner of the list sole responsibility to ensure the quality and validity of their list.
Social Media Management:
The Agency will manage and post content on the Client's social media platforms (Facebook and Instagram integrated business account), up to 12 times per month.
1.1. Database Protection: Our commitment to your data privacy is unwavering. We assure you that we neither share nor retain your personal data beyond the scope of providing our services. Your information is treated with the utmost confidentiality and is only disclosed to third parties necessary for the delivery of the service.
1.2. Use of third party web sites on clients behalf. SPHEREWORKS hereby seeks authorization from its clients to access their business social media accounts, specifically those on platforms such as Facebook and Instagram. This access is exclusively intended to facilitate the provision of contracted services. SPHEREWORKS shall restrict the use of these permissions to the delivery (posting) of the agreed-upon services. In the event that any additional use becomes a requisite, the client will be duly contacted to obtain their explicit consent. It is expressly clarified that SPHEREWORKS shall bear no responsibility for any other posts, materials, photographs, graphics, or content disseminated by any other individual, entity, or company in these accounts.
2. Terms of Agreement
This Contract shall commence on the date of the first payment, and shall continue indefinitely, unless terminated earlier as provided in Section 6.
3. Compensation
The Client agrees to pay the Marketing Agency the agreed-upon fee of $395.00 for the services outlined in Section 1. Payment shall be made in US dollars, on a monthly basis through the Agency’s website.
3.1. Payment and Refund Policy:
At SPHEREWORKS, we are committed to transparency and fairness in our payment and refund policies. Upon availing our services, payment will be processed as agreed upon. If you decide to cancel your service, we offer the option to freeze your account for a maximum of 60 days, allowing you to resume services within that period. Beyond this timeframe, no refunds will be provided.
3.2.Termination and Refund Policy: Should you choose to cancel our service, we offer the option to freeze your account for a maximum of 60 days, allowing you to reactivate services within that timeframe. Beyond this period, no refunds will be issued. We understand that circumstances may change, and we strive to provide flexibility within this specified timeframe.
Either party may terminate this Contract with written notice if the other party breaches a material provision of this Contract and does not cure the breach within 60 days of receiving notice of the breach.
4. Client's Responsibilities
At entering this agreement, the Client states that he/she is a registered agent in the State where his/her contacts are located.
The Client agrees to provide the Marketing Agency with:
- Uploading the Client's contact email list. A list of recipients for email marketing. The integrity and validity of this list is the sole responsibility of the client. In no way should SphereWorks be responsible for more than sending emails to this list on behalf of the client
- Explicit verification of email address and Constant Contact Account
- Explicit Permission to agency to access integrated business social media accounts (Facebook and Instagram).
- Necessary content, images, and information for transactional social media posts and emails. Transactional content defined as Property Listings: Detailed descriptions of properties available for sale or rent, including photos, videos, floor plans, and relevant details such as price, location, size, amenities, and features.
Content, images and information
The client shall bear full responsibility for procuring and obtaining all requisite permissions, authorizations, and rights necessary for the publication of transactional content, and for ensuring proper accreditation thereof. Any unauthorized usage will result in account termination and potential legal action.
Durability of Content in SphereWorks platform.
All transactional content information shall be automatically purged from our platform upon publication, with deletion occurring every 30 days thereafter. Should the client desire to retain said content beyond this initial period, notification must be provided in writing to their designated account manager at least 15 days prior to the conclusion of the current month, thereby requesting an extension for an additional month.
4.1. Email Marketing terms of agreement
The client agrees to the following terms of use regarding email marketing.
No SPAM Permitted
You may not use our Service in any way (directly or indirectly) to send, transmit, handle, distribute or deliver: (a) unsolicited email (“spam” or “spamming”) in violation of the CAN-SPAM Act (referenced below) or any other law; (b) email to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting); (c) email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry, or (d) commercial electronic messages in violation of US Anti-Spam Legislation (referenced below).
Prohibited Email Content and Formatting; Email Best Practices
Email sent, or caused to be sent to or through our Service may not: (a) use or contain invalid or forged headers; (b) use or contain invalid or non-existent domain names; (c) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; (d) use other means of deceptive addressing; (e) use a third party's internet domain name without their consent, or be relayed from or through a third party's equipment without the third party’s permission; (f) contain false or misleading information in the subject line or otherwise contain false or misleading content; or (g) unless otherwise authorized by us, use our trademark(s), tagline(s), or logo(s) without our prior written consent and only then pursuant to our trademark usage guidelines. You are prohibited from using the Service to email purchased lists.
Email Opt-out Requirements
You warrant that each email you send or is sent for you using our Service will contain: (a) header information that is not false or misleading; (b) an advisement that the recipient may unsubscribe, opt-out or otherwise demand that use of its information for unsolicited, impermissible and/or inappropriate communication(s) as described in this AUP be stopped (and how the recipient can notify you that it wants to unsubscribe, opt-out, or stop this use of its information); and (c) all information required by Canada’s Anti-Spam Legislation. These requirements may not apply if the email sent is a transactional email and these requirements are not otherwise required by law. You warrant that you will promptly comply with all opt-out, unsubscribe, “do not call” and “do not send” requests.
No Disruption
You agree not to use our Service in a way that impacts the normal operation, privacy, integrity or security of another's property. Another’s property includes another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations. You also agree not to use our Service to gain unauthorized access to, use, monitor, make an unauthorized reference to, another’s property, unless you have the appropriate express prior consent to do so. Examples of prohibited actions include (without limitation): hacking, spoofing, denial of service, mailbombing and/or sending any email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program. These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.
4.2. Broker Information & Logo Manipulation: Unauthorized use or manipulation of broker information and logos is strictly prohibited. Users are required to obtain explicit authorization from the respective broker or third-party before utilizing such information. Any unauthorized usage will result in account termination and potential legal action.
4.3 Liability for Authorized Images: As a realtor, you bear sole responsibility for providing authorized images and email links sourced from MLS. Usage of pictures not explicitly authorized to you, your photographer, broker, or any third-party is strictly forbidden. Any legal liabilities arising from unauthorized usage, including copyright infringement, shall be the realtor's sole responsibility.
5. Intellectual Property
All content created by SPHEREWORKS and personalized for the Client, including but not limited to emails and social media posts, logos, photographs and videos uploaded by the client shall remain the property of the Client. SPHEREWORKS is granted a non-exclusive, royalty-free license to use such content for the purpose of providing the services outlined in this Contract.
Automated graphics, and designs shall remain the property of SPHEREWORKS. The Client is granted a non-exclusive, royalty-free license to use such content for the purpose of providing the services outlined in this Contract.
7. Confidentiality
Both parties agree to keep all information shared during the course of this Contract confidential and not to disclose it to third parties without prior written consent.
8. Liability
The Marketing Agency's liability for any claims arising from this Contract, whether in contract, tort, or otherwise, shall be limited to the total compensation paid by the Client to the Marketing Agency.
9. Governing Law
This Contract shall be governed by and construed in accordance with the laws of [Specify Jurisdiction].
The Parties hereby agree to the terms and conditions set forth above.
PRIVACY POLICY
Revised: November 5, 2023
We at SPHEREWORKS LLC (“SPHEREWORKS” or “we” or “us” or “our”) know that your privacy is important. This privacy policy (“Policy”) is designed to assist you in understanding how we will collect and use the information you provide when you use our publicly available website at MYSPHEREWORKS.com (the “Site”), our marketing services platform (our “Platform”), and other related services on which we post a direct link to this privacy policy (collectively, the “Services”).
Please read this Policy to learn more about the ways in which we collect and use your information. If we make any material changes to this Policy, we will notify you in accordance with the process described in the “Revisions or Changes” section of this Policy, below. By using our Services, you consent to our collection, use, and disclosure of your information as described in this Policy.
This Policy is not exclusive. In particular, if you use our Platform, the data that you and your customers submit as you use our Platform will be further governed by the applicable SPHEREWORKS agreement and as required by law.
For the purposes of our Policy, when we refer to “you” or to a “client” we mean any past, current or prospective client or customer of SPHEREWORKS, including any visitor to our Site.
Everyday language summaries are provided for your benefit but are not legally binding.
This is our Privacy Policy. It applies to our website and our marketing platform.
Collection of Personal Information
What We Collect. In some situations you may provide us with your personally identifiable information, which could include your name, street address, telephone number, email address, job title, payment card number, other financial account number(s), mother’s maiden name or other family names, date and place of birth, photographic image, and any other information we collect about you that by itself is not personally identifiable information but if combined with personally identifiable information could be used to personally identify you.
You may provide us with personally identifiable information when you complete a survey; make a purchase; request customer support; subscribe to certain services, email notifications and/or newsletters; register for our Platform, or register and/or set up an account/profile to access, visit and/or use certain portions of our Sites; provide comments, reviews, feedback, or testimonials about our products or Services; and any other transactions between you and us on or in relation to our Services.
We may use your email and other addresses and contact information for customer support, required notifications, product and policy updates, and sales and marketing purposes, but we will not use this information for anything else not described in this Policy.
We may collect your name and other information that identifies you. We will use that information for customer support, required notifications, product and policy updates, and sales and marketing purposes.
Information We Automatically Collect. When you access our Site whether by computer, mobile phone or other device, we automatically collect certain information about your use of our Site (this information may include without limitation: geographical location and IDs of your computer, mobile or other device; bandwidth used; system and connection performance; browser type and version; operating system; referral source; length of visit; page views; IP address or other unique identifier for your computer, mobile phone or other device; and your mobile carrier) using technologies such as cookies and web beacons.
We automatically collect technical and other information when you visit our Site.
Data Integrity and Security. We use reasonable and diligent efforts to maintain accurate information on our customers, and have adopted and implemented reasonable industry standard security procedures to protect any such information collected. We constantly monitor our systems, which are protected using industry-standard security measures. Although SPHEREWORKS will use reasonable efforts to secure network communications and our Site, we cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure.
We try hard to protect your information but cannot guarantee its security.
Access to Client Information; Updating Client Information. A client may (i) access any of their personally identifiable information that we collect and maintain, or (ii) correct, update or delete their personally identifiable information maintained by us, in each case by contacting us by telephone or mail using the contact information provided below. We will try and respond to your request promptly and in all cases within 30 days. To protect client privacy and security, we reserve the right to take reasonable steps to verify a client’s identity prior to granting access to or processing changes or corrections to such information. We will retain a client’s personal information for so long as its account is active or as reasonably needed by us to provide our Services. We may also retain and use such information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Contact us if you need to access, change or delete your information.
How We Use Personal Information
General. SPHEREWORKS may use personally identifiable information to: respond to your inquiries, and/or address other requests or questions; enable your use of the Services; contact you regarding your purchase; consider and respond to your job application; collect payments from you; deliver Services purchased or ordered by you, including through our Platform; send you information and updates related to your purchases; invoice you; email notifications that you have specifically requested; email marketing communications relating to our business that we think may be of interest to you; and email messages containing company news, product or service information. We may also use information collected through our Sites for research regarding the effectiveness of the Site, the Services, and related marketing, advertising and sales efforts. We may disclose your personally identifiable information (i) to the extent required by law or if we have a good-faith belief that such disclosure is necessary in order to comply with official investigations or legal proceedings initiated by governmental and/or law enforcement officials, or private parties, including but not limited to: in response to subpoenas, search warrants, or court orders; (ii) if we sell or transfer all or a portion of our company’s business interests, assets, or both, or in connection with a corporate merger, consolidation, restructuring, or other company change, or (iii) as otherwise disclosed in the terms and conditions of our agreements with clients, including the separately provided Service Terms applicable to our Services.
We may use your personal information to conduct business with you, market our business to you, and generally improve our business. We may also disclose your information as required by law, if we sell our business, or as we otherwise agree with you.
Email. We may communicate with a client through email using the client’s personal contact information on file in our systems to inform the client of new products, important industry news or information about Services, and upgrades provided by SPHEREWORKS.
We may email you about our business or relevant news.
Disclosures to Third Parties - General. We may disclose information collected from a client to our independent contractors and business partners who have agreed to (i) hold this information in confidence and (ii) not use it for any purpose except to carry out the services they are providing for SPHEREWORKS. Such contractors and business partners include those hosting our Services or other data; managing the functionality of our Services; hosting client relationship management, marketing automation, customer service and other software platforms on our behalf; processing credit or other payment card payments; collecting delinquent accounts; fulfilling and processing orders; delivering products you have ordered; conducting background checks if you submit an application for employment; assisting with marketing and promotions; and enabling us to send you email.
We may disclose your information to our contractors and business partners who have agreed to hold it in confidence and use it only for the services they provide to us.
Disclosures to Third Parties - Specific. SPHEREWORKS has a number of partner programs designed to maximize our clients’ ability to use our Services and to purchase or use complementary products and services that may be used in tandem with our Services. We may disclose information collected from a client to one or more trusted partners for the purpose of such partner(s) providing assistance to the client in its use of the Services and for the purpose of marketing complementary or value-add products and services to the client. In each case such trusted partner will have agreed to (i) hold this information in confidence, and (ii) not use it for any purpose except for the purposes described above.
We may also disclose your information to business partners in connection with your use of our Services and for marketing additional products and services to you.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt in data and consent; this information will not be shared with any third parties for marketing/promotional purposes.
Disclosures of Aggregate Information. SPHEREWORKS may also disclose aggregate, anonymous data based on information collected from clients. Should a sale of SPHEREWORKS’ business ever occur, collected client information may be transferred along with the sale but the information will be treated in the same manner as set forth in this Policy. In the event of any significant changes to the manner in which your information is handled, we would notify you by a prominent notice on the Site or by email.
We may use your information on an anonymous basis when aggregating data. We may transfer your information if we sell our business.
Disclosures Made by You within Interactive Areas of a Site. If you use a bulletin board, blog, comment or discussion forum or chat room (collectively, “forums”) made available on a Site or on Facebook, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages, and could be potentially searchable through search engines. We are not responsible for the potential misuse by third parties of any personally identifiable information that you choose to submit in these various forums.
Forums or similar portions of our Sites or third party sites may have different, looser rules regarding your personal information.
Other General Policies Relating to Privacy
Disclosures by Children. We believe that protecting the privacy of the very young is especially important and for that reason we will never collect or maintain information on our Sites from those we actually know are under the age of 13, and no part of our Sites is structured to attract anyone under 13.
We do not design our Sites to attract children under 13 and will not collect or maintain information from them.
Third Party Sites. Our Sites may contain links to third party websites. Please note that the privacy and other policies of any such third party website may differ materially from this Policy. We strongly recommend that clients review the privacy policies of any such third party prior to submitting personally identifiable information. SPHEREWORKS has no control over and is not responsible for the information practices of other websites, including those to which we may link and those which may link to us.
Third party sites are governed by their own privacy policies.
Additional Limits on Use of Your Google User Data: Notwithstanding anything else in this Privacy Policy, if you provide the App access to the following types of your Google data, the App's use of that data will be subject to these additional restrictions:
- The App will only use access to read, write, modify or control Gmail message bodies (including attachments), metadata, headers, and settings to provide a web email client that allows users to compose, send, read,and process emails and will not transfer this Gmail data to others unless doing so is necessary to provide and improve these features, comply with applicable law, or as part of a merger, acquisition, or sale of assets.
- The App will not use this Gmail data for serving advertisements.
- The App will not allow humans to read this data unless we have your affirmative agreement for specific messages, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for the App's internal operations and even then only when the data have been aggregated and anonymized.
Use of Widgets. We may provide widgets on our Sites that make it possible to share information on third-party platforms. These widgets do not store your personally identifiable information. Our Sites may also include social media features, such as the Facebook® or Twitter® button and similar widgets and interactive mini-programs that run on our Sites (each, a “Feature”). To the extent we use these Features, they may collect your IP address, which page you are visiting on our Sites, and may set a cookie to enable the Feature to function properly. Social media Features and widgets are either hosted by a third party or hosted directly on our Sites. Your interactions with these Features are governed by the privacy statement of the company providing the Feature or widget.
Any features, widgets or mini-programs provided by or for social media sites or other third parties may collect personal information and are subject to the privacy polies of those third parties.
Use of Cookies. When you interact with the Sites, we try to make that experience simple and meaningful. When you visit our Sites, our web server sends a cookie to your computer. Cookies are files that web browsers place on a computer’s hard drive and are used to indicate whether you have visited the Sites previously. The data collected may include how you navigate around a web page and the most commonly clicked links on a specific web page. Certain technical information, such as your browser version and operating system, are also collected. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set (each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences). We use cookies for a number of purposes, including to: access a client’s account information when a client logs into a Site, so that we can provide the client with customized content, keep track of preferences you specify while you are using the Services, and to estimate and report total audience size (unique users) and traffic for our Sites, and to conduct research to improve the content and services of our Sites.
Our Sites use cookies. Your browser probably lets you control whether it allows the use of cookies.
Web Beacons. We may use web beacons to access cookies and count users who visit our Sites or open our HTML-formatted email messages. Web beacons are single-pixel graphic files with a unique identifier, similar to cookies. Web beacons are embedded invisibly on web pages and emails and are stored on a user’s hard drive. You can modify your browser settings to control web beacons.
Our Sites may use web beacons. Your browser probably lets you control web beacons.
Third-Party Cookies. We may also from time to time engage third parties to track and analyze non-personally identifiable usage and volume statistical information from visitors to our Sites to help us administer our Sites and improve their quality. Such third parties may use cookies and web beacons to help track visitor behavior. Such cookies and web beacons may track how you interact with a Site through the use of cookies and the data collected may include how you navigate around a web page and the most commonly clicked links on a specific web page. Certain technical information, such as your browser version and operating system, may also be collected. If collected, this information will be used by us to evaluate and, if necessary, modify the relevant Site to improve the functions and ultimately, make it easier for clients to use. None of your personally identifiable information, that is, your name, address, or phone number, is collected through such collections.
We may engage third parties to help us run our Sites. These third parties may also use cookies and web beacons.
Behavioral Targeting/Re-Targeting. We may partner with third party ad networks to either display advertising on our Sites or to manage our advertising on other websites. Any such ad network partners may use cookies and web beacons to collect non-personally identifiable information about your activities on our Sites and other websites to provide you targeted advertising based upon your interests. To opt out of this type of cookies, visit the Network Advertising Initiative (NAI) website by visiting http://www.networkadvertising.org/choices/. Even if you opt out through the NAI website, you can still receive communications you have signed up to receive from us unless you opt out of those by using the information in the “Opting Out” section of this Policy.
Our advertising partners may also use cookies and web beacons to provide you targeted advertising.
Use of Testimonials. We may select and post client testimonials on our Services, which may contain personally identifiable information such as your name and/or the city, state, or country in which you live. We will obtain your consent prior to posting any testimonial with your name. If you post such content, it will be available to other users of the Services. Your posting may also become public and we cannot prevent such information from being used in a manner that may violate this Policy or the law. If you would like us to remove or delete your name or testimonial from our Services, you may contact SPHEREWORKS using the information in the “How to Contact Us” section of this Policy. Note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages of our Sites for a period of time.
If we post a client testimonial with your name or other identifying information, it will become visible by third parties or even become public.
Reviews. We may post client reviews on our Site or Services, which may contain personally identifiable information such as your name and/or the city, state, or country in which you live. When submitting your review you are giving us permission to post your review on our Sites or Services. If you post such content, it will be available to other users of the Sites or Services. Your posting may also become public and we cannot prevent such information from being used in a manner that may violate this Policy or the law. If you would like us to remove your name or review from our Sites or Services, you may contact SPHEREWORKS using the information in the “How to Contact Us” section of this Policy. Note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages of our Sites for a period of time.
If we post a client review with your name or other identifying information, it will become visible by third parties or even become public.
