Please read the following Agreement in its entirety, which outlines our respective responsibilities, terms, and conditions.
This subscription agreement and (the "Terms of Service" found at www.FranklinTrustMedia.com) governs your access to use our services, applications, and/or software that link to or reference this agreement and these Terms of Service (collectively, the "Service"and any information, text, graphics, or other materials uploaded, downloaded or appearing in the services (collectively referred to as "Content").
By accessing or using the Service, you are agreeing to our subscription agreement and these Terms of Service and concluding a legally binding contract with Franklin Trust Media ("FTM").
By you using any of our services you confirm that you have read and agree to be bound by all of our License Agreements found at www.FranklinTrustMedia.com. If you are agreeing on behalf of your company, You represent and warrant that we have legal authority to bind your company to the terms of such Agreement above. You also confirm that you are at the legal age of majority in the jurisdiction in which you reside (at least 18 years of age in many countries).
We thank you for your participation.
1.1. Franklin Trust Media reserves the right to update and change the Service Terms and Conditions from time to time without notice. Any new features that augment or enhance the Services, including the release of new tools and resources, shall be subject to the Service Terms and Conditions.
1.2. Continued use of the Services after any such changes shall constitute the Customer’s consent to such changes. The most current version of the Service Terms and Conditions at any time at: www.FranklinTrustMedia.com/legal
1.3. Violation of any of the Service Terms and Conditions below will result in the termination of your Account.
1.4. Notwithstanding FTM prohibitions on certain conduct and content as specified within these Service Terms and Conditions, the Customer hereby acknowledges and agrees that FTM shall not be responsible for the content posted on the Services (“Content”) and the content shown on the mobile app. The Customer hereby agrees to use the Service at your own risk.
1.5. Confidentiality: Client agrees not to disclose proprietary information belonging to Franklin Trust Media and acknowledges that all information disclosed to client related to the service shall be kept in strict confidence. Client will not publish or disclose to any outside third party any information relating to our service without the express written consent of Franklin Trust Media, unless such disclosed information is publicly available.
2. Client Obligations
2.1. The Client hereby agrees to the following obligations as conditions of using the Services:2.1.1. The Client must be 18 years of age or older to use the Services.
2.1.2. The Client must provide its legal full name, a valid email address, full billing information and any other information requested in order to complete the registration and development process process and advise Franklin Trust Media as soon as possible as to any changes or updates to such information.
2.1.3. The Client is responsible for maintaining the security of its account and password. FTM shall not be liable for any loss or damage arising from the Customer’s failure to comply with such security obligations.
2.1.4. The Client is responsible for all Content posted and activity that occurs under your account and mobile app (even when Content is posted by others who have gained access to the Client’s account).
2.1.5. The Client must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services, or any other Franklin Trust Media's service.
2.1.6. The Client may not use the Services for any illegal or unauthorised purpose.
2.1.7. The Client must not violate any laws in its jurisdiction (including but not limited to copyright and other intellectual property laws) in any way connected (whether directly or indirectly) to its use of the Services.
2.1.8. The Client must not reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by Franklin Trust Media.
2.1.9. The Client must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
2.1.10. The Client must not transmit any worms or viruses or any code of a destructive nature.
3. Payments and Refund Terms
3.1. The Client shall pay Franklin Trust Media the monthly fee for the Services via credit card, debit card or Bank ACH withdrawal, the first such payment is taken in advance of service commencement. Payments thereafter are due to be made on the same day of each month thereafter.
3.2. The monthly fee shall be determined by the package selected by the Customer at the time of subscription, subject to any price adjustment made by Franklin Trust Media in accordance with clause 18.104.22.168. The Client shall not, in any circumstances, be entitled to any refunds or credits for setup fees, payments in lieu of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
3.4. All fees payable in respect of the Services are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
3.5. Franklin Trust Media will use commercially reasonable efforts to have the Client’s application approved by the appropriate mobile platform provider. Franklin Trust Media is not able to guarantee acceptance. If a Client’s application is denied by the appropriate mobile platform provider the Client shall be entitled to cancel its account, however any payments received by Franklin Trust Media prior to notification of non-acceptance by a mobile platform provider shall be non-refundable in accordance with clause 3.1.
3.6. Where a Client wants to add more icons/tabs and other minor changes to the App that requires a resubmission to update, the Client will incur a resubmission charge of $45 per submission. If a resubmission is required to fix a fault or bug in the App, Franklin Trust Media will waiver this charge.
3.7. If the customer opts to upgrade their mobile marketing package within six months of opening their account the customer will be charged the difference in price between the lower package set up and/or monthly fee and the higher package set up fee and/or monthly fee, in line with the price at the time of upgrade.
3.8 The Customer shall be liable for overage charges, based on app usage, as per the most recent overages charges, in accordance clause 8.
4. Annual Subscription Terms
4.1 All annual fees payable shall be processed in advance of service commencement. The client will be charged the annual rate stated at the time of purchase as one lump sum, plus applicable taxes. The client’s contract will renew automatically, on their annual or monthly renewal date, until a formal notification of cancellation is received in line with Franklin Trust Media’s cancellation policy. Renewal rates are subject to change, but the customer will always be notified beforehand.
4.2 The client shall not, in any circumstances, be entitled to any refunds or credits for setup fees, payments in lieu of service, or upgrade/downgrade refunds, or refunds for months unused with an annual subscription.
5. Payment Default Terms
5.1. In the event a client fails to meet payment of the subscription fee due in respect of the Services, the client shall be treated as being in default.
5.2. In the event of the client’s default, any information or files on Franklin Trust Media’ host space, may be removed by FTM at its sole discretion. FTM shall not be responsible for any loss of data incurred as a result of the removal of the service, nor shall it have any liability is respect of such removal.
5.3. Removal of the client’s material from Franklin Trust Media host space does not relieve the client of the obligation to pay any outstanding charges assessed to the client’s account.
5.4. Checks returned for insufficient funds, or electronic payments returned unpaid will incur a return charge of $40 each and the client’s account will immediately be considered to be in default until full payment is received by Franklin Trust Media in cleared funds.
5.5. Client with accounts in default agree to pay Franklin Trust Media’s reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Franklin Trust Media in enforcing these Service Terms and Conditions.
6. Cancellation and Termination
6.1. Franklin Trust Media shall be entitled to cancel provision of the Services, without notice and without any obligation to refund any amount paid in lieu of the month of termination, in the event that the client: 5.1.1. is in default in respect of payment of any invoices or subscription fees; or 5.1.2. is in breach of any of the conditions set out in clause 2.1 or clause 9.
6.2. The client shall be entitled to cancel the Services at any time. Their cancellation will take effect within 2 working day of request and the client shall not receive a refund for fees paid in lieu of service. To Cancel your app you need to email support@FranklinTrustMedia.com, cancellation can only be requested by the account owner.
6.3. Upon cancellation of the Services all Customer Content will be deleted. This information cannot be recovered once the client’s account is cancelled.
6.4. If the client cancels the Services prior to the end of the period for which the client has paid for the Services, cancellation will take effect immediately and no further charge will be made to the Customer.
6.5. Where a client has agreed to a special offer that includes a setup development fee and cancels prior to app submission the customer will be charged a cancellation fee of $849.
6.6. Where a client has agreed to a special offer that includes a setup development fee and the App has been submitted, should the client cancel within three months of the submission date, the customer will be charged $849.
6.7. If the client is in default and submits a cancellation request, such cancellation will not be effected until all overdue amounts are received by Franklin Trust Media in cleared funds. Until such time as FTM has received all outstanding sums due, the monthly fee in respect of the Services will continue to accrue notwithstanding any cancellation request.
6.8 Client accepts that Franklin Trust Media' branding and logo will be shown on the app and platform
7. Modifications to the Services and Prices
7.1. Franklin Trust Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) and to revise the monthly fees payable in respect of the Services, in all cases with or without notice.
7.2. Franklin Trust Media shall not be liable to the client or to any third party for any modification, price change, suspension or discontinuance of the Services.
7.3. From time to time, Franklin Trust Media may issue an update to the Franklin Trust Media system and platform that may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although Franklin Trust Media will take all reasonable steps to notify the client in advance of an upcoming update, including details on what the update includes.
Additional app usage charges per app per month.
App actions per month per app. i.e. transactions, food orders, event bookings, form submissions and push notifications.
9. Severance from Hosting Platform
9.1. The Client may elect to sever its Content from Franklin Trust Media’s platform (“Severance”). provided their account is not in default and subject to the payment by the client of a resubmission fee.
9.2. In the event of Severance, Franklin Trust Media shall cease to have any obligations under these Service Terms and Conditions, and the client’s Content and App shall cease receiving updates and improvements to the Services. Accordingly, in such circumstances, it is likely that the functionality and performance of the client’s Content and App shall deteriorate over time. Franklin Trust Media shall have no liability in respect of any such deterioration or loss of performance nor in respect of any losses arising, directly or indirectly, out of such deterioration.
10. Intellectual Property Rights and Content
10.1. Franklin Trust Media claims no intellectual property rights over the material the client provides to the Service including Content.
10.2. All intellectual property rights (including source code) arising out of the creation and development of the Services by Franklin Trust Media shall be and shall remain the sole property of Franklin Trust Media.
10.3. Franklin Trust Media is under no obligation to screen Content, but Franklin Trust Media has the right (but not the obligation) in its sole discretion to refuse or remove any Content that is provided by the Customer.
11. General Conditions
11.1. The Customer’s use of the Content Management System and platform is at the client’s sole risk. The service is provided on an “as is” and “as available” basis. Technical support is only available via email. The technical support email address is support@FranklinTrustMedia.com.
11.2. The client hereby authorities Franklin Trust Media to use, reuse, and to grant others the right to use and reuse, its Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after the client’s use of the Services, for any purposes related to the Services.
11.3. The client hereby acknowledges that Franklin Trust Media uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services and that Franklin Trust Media cannot be held liable for any failure or delay on the part of such third party vendors and hosting partners.
11.4. Franklin Trust Media has the authority, but not the obligation, to remove Content and Customer accounts containing Content that Franklin Trust Media determines in its sole discretion to be actually or potentially unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or actually or potentially in violation of any party’s intellectual property rights or these Service Terms and Conditions.
11.5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Franklin Trust Media customer, client, employee, member, or officer will result in immediate account termination.
11.6. The client hereby acknowledges and accepts that understand that the technical processing and transmission of the Services, including the client’s Content, 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.
11.7. Franklin Trust Media does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
11.8. The client hereby acknowledged and agrees that Franklin Trust Media shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FTM has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
11.9. The failure of Franklin Trust Media to exercise or enforce any right or provision of these Service Terms and Conditions shall not constitute a waiver of such right or provision.
11.10. These Service Terms and Conditions shall constitutes the entire agreement between the Client and Franklin Trust Media and govern the Client’s use of the Services, superseding any prior agreements between you and Franklin Trust Media (including, but not limited to, any prior versions of these terms and conditions.
11.11. Under no circumstances shall Franklin Trust Media’s liability under this agreement exceed the amount actually paid to Franklin Trust Media by the Customer during the 12 months preceding the event which causes such liability to arise.
11.12. Covenant not to Compete: Client agrees not to use any of the information disclosed by Franklin Trust Media relating to the website, app or any work developed in furtherance of the Offer for purposes of competing, or assisting others to compete with the Offer in the production and commercial exploitation of the Offer or a similar digital interactive entertainment platform.
11.13. Franklin Trust Media and it's affiliates reserves the right although not obligated to promote the client's promotional business offer by posting online and on the the Client's Business Social Media Accounts, through SMS txt marketing and email newsletters
11.14. Unless client provides a written statement in advance prior to the development of the app, Franklin Trust Media reserves the right to add a business/sponsor directory into the client's app that lists promotional offers from other businesses that may compete with the client's promotional offer and service.
11.15. Service may be terminated if you switch and change to a different merchant provider that was not provided to you through FTM and it's affiliates.
11.16. Only one service pricing plan per location and is allowed. You or your company can't sublet keywords, push notifications or your pricing plan to other businesses or sell your plan to a 3rd party.Franklin Trust Media may use all of the content developed for the Client's Offer including other businesses offers for promotional purposes in perpetuity, including any content. Client agrees to allow Franklin Trust Media, and it's affiliates
12. Governing Law
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Pennsylvania, PA.
Last updated on: 11th May, 2017.