Terms of Service

SparkTalk Terms of Service

This Agreement is executed immediately upon agreement between, SparkTalk LLC (who will here on out be referred to as “SparkTalk”) and the purchaser or recipient of marketing services from us through this website (who will here on out be referred to as “the Client”). It is agreed by and between the Client and SparkTalk as follows:

1. AGENCY APPOINTMENT

The Client hereby appoints SparkTalk to help handle advertising, communication and related work on Facebook, LinkedIn, Email, and any other platform required for its brand, network growth, and lead generation efforts.

2. AGENCY SERVICES

SparkTalk shall provide to the Client, services, which shall include the following:

  • Compiling lists of targeted prospects through any method SparkTalk decides to utilize.

  • Utilizing Facebook, LinkedIn, Email, and other platforms to engage with the prospects.

    • Engage” refers to any of the following:

      • Connection or Friend Requests

      • Personalized Messages through Facebook, LinkedIn, Email, or any other platform.

      • Weekly or monthly drip content.

      • Content management on any relevant platform.

      • Targeted Ads, which may or may not be used to funnel prospects into messenger bots or any other relevant technology.

      • Any other methodology SparkTalk deems effective.

  • Recommending social media profile or web related design techniques to achieve better engagement.

  • Encouraging and advising the Client on follow up practices and further technology to utilize.

  • Recommending messaging and content for the client.

  • Utilizing AI or Machine Learning to help improve the Client’s engagement and further target their prospects.

3. COMMENCEMENT AND DURATION

This agreement is deemed to commence immediately upon submission of this online form, or signed in writing, and shall remain in force on a month-to-month basis, unless otherwise specified between Client and SparkTalk. The agreement will be automatically renewed on a month to month basis. Should client wish to terminate the contract they must indicate their desire to terminate, in writing, 7 days before the end of the billing cycle. Should the billing method on file fail, SparkTalk reserves the right to pause the Client’s account until the billing is resolved.

4. CONFIDENTIALITY AND PRIVACY

SparkTalk shall maintain absolute confidentiality with respect to any confidential information received from the Client. SparkTalk shall not disclose any such information without obtaining Client’s specific prior consent, otherwise than in compliance with statutory requirements.

The Client agrees to allow SparkTalk to utilize their data for internal purposes such as, but not limited to, testing new machine learning algorithms, making recommendations to the Client, adjusting the Client’s prospect list, and any other use SparkTalk deems useful.

5. GOVERNING LAWS

The Client and SparkTalk shall comply with all statutory regulations.

Though SparkTalk makes certain contact information available such as emails, phone numbers, or social media profiles, it is the responsibility of The Client if used to make sure of their own compliance all will local, federal and international laws pertaining to that data. Including but not limited to Canned Spam Act, the Do Not Call List, (GDPR) General Data Protection Regulation, and any other relevant form of legislation.

6. AGENCY FEES AND REMUNERATION

The Client agrees to pay SparkTalk an upfront fee and a monthly fee determined upon at time of checkout. This amount will be payable at the date of purchase, upon receipt of invoice from SparkTalk. Charges for any other services including video creation, upgraded LinkedIn accounts, application development, media buy, purchase of licensed images and content, etc. if applicable, will be charged extra.

7. INDEMNITY

SPARKTALK SHALL INDEMNIFY AND KEEP THE CLIENT INDEMNIFIED AGAINST ALL LOSSES, EXPENSES OR DAMAGES THAT MAY BE SUFFERED BY THE CLIENT DUE TO ANY DEFAULT OR BREACH OF TERMS BY SPARKTALK UNDER THIS AGREEMENT. THE CLIENT SHALL INDEMNIFY AND KEEP SPARKTALK INDEMNIFIED AGAINST ALL LOSSES, EXPENSES OR DAMAGES THAT MAY BE SUFFERED BY SPARKTALK DUE TO ANY DEFAULT OR BREACH OF TERMS BY THE CLIENT UNDER THIS AGREEMENT. CLIENT AGREES TO HOLD SPARKTALK HARMLESS IN THE EVENT THEIR EMAIL, LINKEDIN, OR FACEBOOK ACCOUNT IS TEMPORARILY OR PERMANENTLY DISABLED. CLIENT UNDERSTANDS THE RISKS ASSOCIATED WITH AGGRESSIVE SOCIAL MEDIA MARKETING, WHICH MAY OR MAY NOT COMPLY WITH THE TERMS OF USE, AND THAT SPARKTALK MAKES NO GUARANTEE TO THE SAFETY OF THEIR ACCOUNTS. CLIENT ALSO AGREES TO HOLD SPARKTALK HARMLESS IN ANY BRAND DAMAGE OR REPUTATION DAMAGE THAT MAY RESULT IN ANY MATERIAL OR NON-MATERIAL DAMAGES.

SPARKTALK MAKES NO GUARANTEES AS TO THE EFFECTIVENESS OF THEIR SYSTEM, OR THAT ANY MONETARY GAIN WILL RESULT FROM USING THEIR SERVICES. SPARKTALK DOES NOT GUARANTEE THAT ALL SOFTWARE FEATURES WILL BE AVAILABLE AT ALL TIMES TO THE CLIENT, NOR THAT THEY WILL ALWAYS FUNCTION PROPERLY. SPARKTALK MAKES NO GUARANTEES AS TO THE EFFECTIVENESS OF THEIR AI OR MACHINE LEARNING ALGORITHMS AND IS NOT RESPONSIBLE FOR POOR PERFORMANCE OF THESE ALGORITHMS CAUSED BY THE CLIENTS MISUSE OR ANY OTHER REASON.

8. FORCE MAJEURE

Neither the Client, nor SparkTalk, shall be liable for any default, delay or lapse occurring due to events beyond their control including riot, strike, theft, war, famine, or natural disaster.

9. MODIFICATION IN TERMS

Any changes in the terms and conditions contained herein shall have effect only prospectively, and shall be valid only if recorded in writing and signed by the authorized officials of the Client and SparkTalk.

10. WAIVER

The failure of either party at any time to enforce any provision of this Agreement, shall in no way affect its right thereafter to require complete performance by the other party, other than a lack of payment. Further, waiver of any breach of any provision shall not be held to be a waiver for any subsequent breaches. Any waiver shall be valid only if it is recorded in writing and signed by the authorized officials of the Client and SparkTalk.

11. TERMINATION

Client may terminate this agreement by giving a 7 day notice, before the end of the billing cycle, to SparkTalk without assigning any reason whatsoever. SparkTalk reserves the right to terminate the contract at any time, for any reason whatsoever.

12. Miscellaneous

SparkTalk does not endorse or recommend the products or services of any particular third party. SparkTalk assumes no responsibility for any products or services you may purchase or obtain from the third parties who receive your information. You are responsible to fulfill any obligation advertised to your connections. That is a contract or transaction solely between you and them. The third party determines what products and services you may qualify for and the terms of any arrangements between you and them, and makes all decision relating to their products and services. SparkTalk is an independent contractor, and the Client and SparkTalk are not by this agreement in a relationship of joint ventures, partners or agency, and neither party has the power to obligate or bind the other in any manner whatsoever. If any provision of this agreement is determined to be invalid, illegal or unenforceable, in whole or in part, the validity, legality and enforceability of any of the remaining provisions of this agreement shall not in any way be affected or impaired thereby and this agreement shall nevertheless be binding between the parties, and such provision shall be deemed to be restated to.

13. Client Responsibilities and Contact

Should the Client wish to change or update their messaging, content, verbiage, they must contact SparkTalk directly. Additionally, should the Client wish to cancel their subscription they must contact SparkTalk directly.

The Client may contact their assigned Sales or Customer Support representative, or may email support@sparktalk.io

 I have read and agree to the terms of service