Terms & Conditions

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Introduction

These Terms and Conditions (“Agreement”) constitute a legally binding contract between you (“Client,” “you,” or “your”) and Synergy Spark (“we,” “us,” “our,” or “Company”). By accessing our website or engaging in any of our services, you hereby acknowledge that you have read, understood, and agreed to comply with and be bound by this Agreement, as well as any other policies or guidelines incorporated by reference herein. If you do not agree with these terms, you must refrain from using our website and services.

This Agreement outlines the terms under which we provide our services, the responsibilities of both parties, and the legal framework governing our relationship. We reserve the right to update or modify these terms at any time without prior notice, and it is your responsibility to review the most current version of the Agreement periodically. Your continued use of our services after any changes to this Agreement signifies your acceptance of the revised terms.

Definitions

For the purpose of this Agreement, the following definitions apply:

  • “Synergy Spark” refers to our company, including all its officers, directors, employees, agents, affiliates, subsidiaries, successors, and assigns.
  • “Services” refers to the comprehensive range of marketing, promotional, and content creation services offered by Synergy Spark, including but not limited to Author Website Marketing, Media Coverage, Television Interviews, Radio Podcasts, Email Marketing, Social Media Marketing, Time Square Billboard Marketing, Press Release Submissions on Media Outlets, A+ Content Creation & Marketing, Amazon Sponsored Marketing, Content Marketing, Email & SMS Marketing, and Book Festivals & Book Signing Events.
  • “Client,” “you,” or “your” refers to any individual or entity that engages with Synergy Spark for the purpose of utilizing our services.
  • “Agreement” refers to these Terms and Conditions and any other policies or agreements referenced herein.
  • “Website” refers to the online platform operated by Synergy Spark through which services are offered.
Acceptance of Terms

Acknowledgment

By engaging with our services, whether through our website or any other means, you acknowledge that you have read and understood this Agreement and agree to be bound by all its provisions. You further represent and warrant that you have the legal authority to enter into this Agreement on behalf of yourself or any entity you represent. If you do not agree to the terms of this Agreement, you are prohibited from using our services.

Modification of Terms

Synergy Spark reserves the right to modify, amend, or update this Agreement at its sole discretion at any time. All changes will be effective immediately upon posting on our website unless otherwise noted. It is your responsibility to review the Terms and Conditions periodically for any changes. Continued use of the services following the posting of any modifications to the Agreement constitutes acceptance of those changes.

Additional Terms

Certain services offered by Synergy Spark may be subject to additional terms and conditions, which will be provided to you at the time of engagement. Such additional terms are hereby incorporated into this Agreement by reference and shall be deemed to be a part of this Agreement. In the event of a conflict between this Agreement and any additional terms, the additional terms shall govern with respect to the specific service to which they apply.

Services Provided

Synergy Spark offers a wide array of specialized services designed to meet the unique needs of authors and other literary professionals. Our services include, but are not limited to, the following:

Author Website Marketing

We offer end-to-end solutions for author website marketing, which includes the design, development, and promotion of personalized author websites. Our services ensure that your online presence is professional, user-friendly, and optimized for search engines. By leveraging advanced marketing strategies, we help authors build a robust online brand, attract readers, and increase book sales. We work closely with you to understand your brand and literary goals, tailoring our services to meet your specific needs.

Media Coverage

Our media coverage services are designed to enhance your visibility in the literary market by securing strategic placements and publicity campaigns across various media outlets. We coordinate with a network of media professionals, including journalists, bloggers, and influencers, to create compelling stories that resonate with your target audience. Our goal is to maximize your exposure and establish your authority as a thought leader in your genre or field of expertise.

Television Interviews

We facilitate opportunities for television appearances and interviews, providing you with a platform to showcase your work to a broader audience. Our team handles all aspects of the interview process, from pitching your story to media outlets to coordinating logistics and preparing you for the interview. We work diligently to ensure that your television appearances are impactful and aligned with your overall marketing strategy.

Radio Podcasts

Our radio podcast services are designed to increase your reach and engagement with your target audience. We arrange for your participation in relevant radio shows and podcasts, where you can discuss your work, share insights, and connect with listeners. Our team ensures that you are well-prepared for these appearances, and we handle all the technical and logistical details to ensure a seamless experience.

Email Marketing

We offer comprehensive email marketing services that include the creation and management of targeted email campaigns. Our services are designed to help you connect with your readers, nurture relationships, and drive sales. We craft engaging content, design visually appealing emails, and utilize advanced segmentation strategies to ensure that your messages reach the right audience at the right time.

Social Media Marketing

Our social media marketing services are tailored to help you build a strong and active presence on platforms such as Facebook, Twitter, Instagram, and others. We create and manage content that resonates with your audience, fosters engagement, and enhances your brand visibility. Our strategies include content creation, community management, paid advertising, and performance analysis to ensure that your social media efforts contribute to your overall marketing goals.

Time Square Billboard Marketing

We provide premium advertising services that include the display of your book or brand on Times Square billboards. This service offers unparalleled visibility in one of the most iconic advertising spaces in the world. We manage all aspects of the campaign, from creative design to placement and scheduling, ensuring that your message reaches millions of viewers.

Press Release Submissions on Media Outlets

Our press release services involve crafting compelling press releases and distributing them to relevant media outlets. We utilize our extensive network of contacts to ensure that your news reaches the right journalists, bloggers, and media professionals. Our goal is to generate buzz, enhance your public profile, and drive media coverage for your book or brand.

A+ Content Creation & Marketing

We specialize in creating high-quality, engaging content that attracts and retains your target audience. Our A+ Content Creation & Marketing services include the development of articles, blog posts, videos, infographics, and other forms of content that are tailored to your brand and marketing objectives. We also employ strategic content marketing techniques to distribute your content across various platforms, maximizing its reach and impact.

Amazon Sponsored Marketing

Our Amazon Sponsored Marketing services are designed to enhance your book❜s visibility on the Amazon platform. We create and manage sponsored ad campaigns that target relevant keywords and demographics, helping you reach potential readers who are actively searching for books in your genre. Our team continuously monitors and optimizes your campaigns to ensure maximum return on investment.

Content Marketing

We offer a full suite of content marketing services that include the creation, publication, and distribution of content that is aligned with your brand❜s message and goals. Our content marketing strategies are designed to build trust with your audience, establish your authority, and drive traffic to your website or book listings. We work closely with you to develop a content plan that meets your specific needs and objectives.

Email & SMS Marketing

Our targeted email and SMS marketing campaigns are designed to keep your audience engaged and informed. We create personalized messages that resonate with your readers, promote your books, and drive sales. Our services include list management, content creation, campaign execution, and performance analysis to ensure that your messages are effective and impactful.

Book Festivals & Book Signing Events

We organize and promote your participation in book festivals and signing events, providing you with opportunities to connect directly with readers. Our services include event coordination, promotion, and on-site support to ensure that your events are successful and memorable. We work with you to identify the best opportunities for your brand and manage all the details to ensure a smooth and effective event.

Client Responsibilities

As a client of Synergy Spark, you have certain responsibilities that are essential to the successful execution of our services. By engaging with our services, you agree to the following:

Accurate Information

You agree to provide accurate, complete, and up-to-date information when requesting services from Synergy Spark. This includes, but is not limited to, providing correct contact information, detailed project specifications, and any other information that may be necessary for the successful delivery of our services. You acknowledge that the accuracy and completeness of the information you provide are critical to the effectiveness of the services we offer. Synergy Spark is not responsible for any issues, delays, or failures in service delivery that result from the provision of incorrect, incomplete, or outdated information by the client.

Compliance with Laws

You are responsible for ensuring that your use of our services complies with all applicable laws, regulations, and industry standards. This includes, but is not limited to, compliance with copyright laws, advertising regulations, data protection and privacy laws, and any other legal requirements that may apply to your marketing and promotional activities. You agree to indemnify and hold harmless Synergy Spark from any liability, damages, or costs arising from your failure to comply with applicable laws or regulations.

Approval of Materials

You agree to promptly review and approve all materials submitted to you by Synergy Spark for your marketing campaigns, including but not limited to website content, press releases, social media posts, and advertising copy. Your timely approval of these materials is necessary for the successful execution of your campaigns. You acknowledge that any delays in providing feedback or approval may result in delays in service delivery. Synergy Spark is not responsible for any delays or failures in service delivery resulting from the client❜s failure to provide timely approval.

Payment Obligations

You agree to fulfill all payment obligations as outlined in the payment section of this Agreement. Failure to make timely payments may result in the suspension or termination of services, as well as the imposition of late fees and other penalties as outlined in this Agreement. You acknowledge that payment for services is non-refundable, except as otherwise provided in this Agreement or as required by law.

Intellectual Property Rights

You represent and warrant that you own or have obtained all necessary rights, licenses, and permissions to use any content, trademarks, logos, images, or other intellectual property provided to Synergy Spark for use in your marketing campaigns. You agree to indemnify and hold harmless Synergy Spark from any liability, damages, or costs arising from any claims of intellectual property infringement related to the materials provided by you.

Payment Terms

Pricing and Fees

The fees for our services are outlined in the service agreement or proposal provided to you at the time of engagement. All prices are quoted in USD, and payment is due in accordance with the terms specified in the service agreement. Synergy Spark reserves the right to adjust pricing at any time without prior notice. Any changes to pricing will not affect services that have already been contracted.

Payment Methods

We accept payment via all major credit cards, including bank transfers, PayPal, and other payment methods as agreed upon at the time of engagement. All payments must be made in full and cleared before the commencement of any services, unless otherwise agreed upon in writing by both parties.

Payment Schedule

Depending on the scope and duration of the services contracted, payments may be required in full upfront, or in installments according to a schedule agreed upon by both parties. In the case of installment payments, the full balance must be paid by the final installment due date specified in the service agreement. Failure to adhere to the payment schedule may result in the suspension or termination of services.

Late Payments

In the event of a late payment, Synergy Spark reserves the right to charge interest on the overdue amount at a rate of 5% per month, calculated from the due date until the date of payment in full. Additionally, we reserve the right to suspend or terminate services until all outstanding payments are received. Any costs incurred by Synergy Spark in the collection of overdue payments, including legal fees and collection agency charges, will be added to the outstanding balance and are payable by the client.

Refund Policy

Payments made for services rendered by Synergy Spark are non-refundable, except in cases where we are unable to deliver the services contracted due to circumstances within our control. In such cases, a prorated refund may be issued at the discretion of Synergy Spark. Refunds are not provided for changes in client circumstances, dissatisfaction with the results of a campaign, or any other reasons beyond the control of Synergy Spark.

Taxes

All fees quoted for our services are exclusive of any applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for the payment of any such taxes, levies, or duties, including but not limited to VAT, sales tax, and import duties. If Synergy Spark is required to collect taxes on your behalf, these will be added to your invoice and must be paid in full along with the service fees.

Intellectual Property Rights

Ownership of Content

All content created by Synergy Spark in the course of providing services to you, including but not limited to website content, press releases, social media posts, advertising copy, graphics, and videos, remains the intellectual property of Synergy Spark until full payment for the services has been received. Upon receipt of full payment, ownership of the content will be transferred to you, subject to any third-party rights or licenses that may apply.

License to Use Content

Upon payment in full, Synergy Spark grants you a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display the content created for you, solely for the purposes for which it was intended. This license is non-transferable and does not include the right to sublicense the content to third parties. Any use of the content beyond the scope of the license granted requires the express written permission of Synergy Spark.

Third-Party Content

In the course of providing our services, we may use or incorporate content that is owned by third parties, including but not limited to stock images, music, video clips, and software. You acknowledge that such third-party content may be subject to additional licensing terms and conditions, which will be provided to you at the time of engagement. You agree to comply with all applicable third-party licensing terms and to indemnify and hold harmless Synergy Spark from any liability, damages, or costs arising from your failure to do so.

Client-Provided Content

You retain all rights, title, and interest in any content provided to Synergy Spark for use in your marketing campaigns, including but not limited to text, images, logos, trademarks, and videos. By providing such content to Synergy Spark, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, distribute, and display the content solely for the purposes of providing the services contracted. You represent and warrant that you have the necessary rights, licenses, and permissions to grant this license, and you agree to indemnify and hold harmless Synergy Spark from any liability, damages, or costs arising from any claims of intellectual property infringement related to the content provided by you.

Credit for Creative Work

Synergy Spark reserves the right to credit itself for the creative work produced in connection with your marketing campaigns, including but not limited to website design, advertising copy, and graphic design. Such credit may include, but is not limited to, the inclusion of our company name and/or logo on your website or other marketing materials, provided that such credit does not interfere with the overall aesthetic or functionality of the materials.

Confidentiality

Confidential Information

During the course of our engagement, either party may disclose to the other certain confidential or proprietary information, including but not limited to business plans, marketing strategies, client lists, financial data, and other sensitive information (“Confidential Information”). Both parties agree to maintain the confidentiality of such information and to use it solely for the purpose of fulfilling their obligations under this Agreement.

Obligations of Confidentiality

Each party agrees to take all reasonable precautions to protect the confidentiality of the other party❜s Confidential Information, including but not limited to implementing appropriate security measures and restricting access to the information to employees, agents, and contractors who need to know the information for the purpose of fulfilling their obligations under this Agreement. Neither party shall disclose the other party❜s Confidential Information to any third party without the prior written consent of the disclosing party.

Exclusions from Confidentiality

Confidential Information does not include information that:

  • Is or becomes publicly available through no fault of the receiving party;
  • Was known to the receiving party prior to its disclosure by the disclosing party;
  • Is independently developed by the receiving party without the use of the disclosing party❜s Confidential Information;
  • Is disclosed to the receiving party by a third party who is not under an obligation of confidentiality to the disclosing party.

Compelled Disclosure

If either party is required by law, regulation, or court order to disclose Confidential Information, the disclosing party must provide prompt written notice to the other party, unless prohibited by law, so that the other party may seek a protective order or other appropriate remedy. The disclosing party will disclose only the portion of Confidential Information that is legally required and will use reasonable efforts to obtain confidential treatment for any Confidential Information that is disclosed.

Return or Destruction of Confidential Information

Upon termination of this Agreement, or at any time upon the written request of the disclosing party, the receiving party shall promptly return or destroy all copies of the disclosing party❜s Confidential Information in its possession or control, and shall certify in writing that it has done so.

Limitation of Liability

Exclusion of Warranties

Synergy Spark provides its services on an “as is” and “as available” basis, without any warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that our services will be uninterrupted, error-free, or secure, or that any defects or errors will be corrected. You acknowledge that your use of our services is at your own risk.

Limitation of Liability

To the maximum extent permitted by applicable law, Synergy Spark, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, arising out of or in connection with your use of our services or this Agreement, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

Limitation of Direct Damages

To the maximum extent permitted by applicable law, our total liability to you for any direct damages arising out of or in connection with your use of our services or this Agreement shall not exceed the amount paid by you to Synergy Spark for the specific services from which the liability arises.

Indemnification

You agree to indemnify, defend, and hold harmless Synergy Spark, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys❜ fees, arising out of or in connection with:

  • Your breach of this Agreement;
  • Your violation of any applicable laws or regulations;
  • Your infringement of any intellectual property or other rights of any third party;
  • Your use of our services.

Exclusive Remedy

The remedies set forth in this section are your sole and exclusive remedies for any breach of this Agreement by Synergy Spark.

Termination

Termination for Convenience

Either party may terminate this Agreement for convenience, without cause, by providing 30 days❜ written notice to the other party. In the event of termination for convenience by the client, you shall be responsible for payment of all fees for services rendered up to the effective date of termination.

Termination for Cause

Either party may terminate this Agreement immediately, without notice, if the other party breaches any material term or condition of this Agreement and fails to cure such breach within 10 days of receipt of written notice from the non-breaching party.

Effect of Termination

Upon termination of this Agreement for any reason:

  • All licenses granted to you under this Agreement shall immediately terminate;
  • You shall immediately cease all use of our services and return or destroy all Confidential Information and materials provided to you by Synergy Spark;
  • All outstanding fees and charges accrued up to the effective date of termination shall become immediately due and payable.
Miscellaneous

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts of the United States, and the parties hereby consent to the personal jurisdiction and venue of such courts.

Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil disturbances, labor disputes, and governmental actions. In the event of a force majeure event, the affected party shall promptly notify the other party and make reasonable efforts to resume performance as soon as practicable.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given when delivered by hand, mailed by certified or registered mail (return receipt requested), sent by overnight courier, or transmitted by electronic mail, with confirmation of receipt, to the addresses specified in the service agreement or such other addresses as may be designated by either party in writing.

Entire Agreement

This Agreement, together with any service agreements, proposals, and attachments hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, both written and oral, with respect to such subject matter. No amendment or modification of this Agreement shall be binding unless in writing and signed by both parties.

Waiver

The failure of either party to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision. Any waiver of any right or provision of this Agreement shall be effective only if in writing and signed by the party against whom the waiver is sought to be enforced.

Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be deemed severed from this Agreement, and the remaining provisions shall remain in full force and effect.

Assignment

You may not assign or transfer any of your rights or obligations under this Agreement without the prior written consent of Synergy Spark. Any attempted assignment or transfer in violation of this provision shall be null and void. Synergy Spark may assign or transfer its rights and obligations under this Agreement without your consent in the event of a merger, acquisition, or sale of all or substantially all of its assets.

Relationship of the Parties

The parties to this Agreement are independent contractors, and nothing in this Agreement shall be construed as creating an agency, partnership, joint venture, or employment relationship between the parties. Neither party shall have the authority to bind the other party or to incur any obligations on its behalf without the other party❜s prior written consent.

Headings

The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

Counterparts

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Facsimile or electronic signatures shall be deemed to be original signatures for all purposes.

Contact Information

If you have any questions or concerns about these Terms and Conditions or our services, please contact us at:

Synergy Spark

info@synergyspark.agency.com