Terms of Agreement
Please read carefully & completely
Software and Service Clients
These Terms of Service (“Terms”) govern the use of all software, services, and platforms provided by Vanek Marketing (“Company,” “we,” “us,” or “our”) and its affiliates. By accessing or using our software and services, you (“Client,” “User”) agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services.
1. Services Provided
We offer business strategies and consulting, web design, hosting, search engine optimization (SEO), marketing, content creation, and business services. Additionally, we provide text messaging, email, and social media marketing tools, all of which are accessible through a monthly or yearly subscription.
2. Subscription and Access
Access to our software and services is contingent upon maintaining an active subscription. Failure to maintain an active subscription may result in suspension or termination of access to our services. Subscription rates and payment terms are agreed upon before work begins, and all payments must be made in advance.
3. Third-Party Services
Our platform may integrate with or utilize third-party service providers. We do not provide warranties or assume liability for any third-party services, as they are warrantied by the respective providers. Clients are responsible for reviewing and complying with any applicable third-party terms of service.
4. User Responsibility for Content
Users of our software and services are solely responsible for all content they create, publish, or distribute using our platform. We do not assume any liability for content generated by users, nor do we provide any warranty for such content. Users agree to indemnify and hold us harmless from any claims, damages, or liabilities arising from their content.
5. No Guarantee of Results
We do not warrant or guarantee any monetary or financial results from the use of our tools, software, or services. Success depends on various factors, including but not limited to the Client’s industry, marketing efforts, and market conditions.
6. Payment Terms
All service rates are determined and agreed upon prior to the commencement of work. Payment must be made in full before any work begins. We do not offer refunds or free trials. Failure to pay for services in advance will result in suspension or cancellation of access to our software and services.
7. Dispute Resolution
All disputes arising from these Terms shall be handled according to our membership terms, as outlined in our separate Membership Agreement. By using our services, you agree to abide by the dispute resolution procedures specified therein.
8. Membership Terms and Conditions
All terms related to Non-Disclosure Agreements (NDA), data portability, and usage rates outlined in our Membership Terms apply to these Terms of Service. Clients agree to comply with all applicable membership terms when using our services.
9. Data List
Our data list consists of opted-in data that has been scrubbed against the national Do Not Call (DNC) registry. We do not guarantee conversion rates, open rates, or click rates of the provided data. The data list is not exclusive, and information such as email or cell phone deliverability may be suppressed due to opt-outs that occurred after the initial opt-in. All sales of data are final, and no refunds will be issued. Upon request, we can provide the IP address associated with the opt-in.
10. Amendments and Modifications
We reserve the right to modify, amend, or update these Terms at any time. Any changes will be effective immediately upon posting. Continued use of our services after any modification constitutes acceptance of the revised Terms.
11. Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use our services, including but not limited to loss of profits, data, or business opportunities.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of New York/USA, without regard to its conflict of law principles.
By using our services, you acknowledge that you have read, understood, and agreed to these Terms of Service.
CRM Membership
CRM Admin License Fee & Billing Policy
The $150.00 monthly license fee covers ongoing software maintenance, upgrades, cloud-based hosting, data storage, and technical support, including training and ticket support. This fee is required for continued access to all systems and software.
- Non-Payment & Data Loss: Failure to pay will result in loss of access. After five days of inactivity, all data will be permanently deleted.
- Billing Details: Charges may appear as $150/month
- Cancellation Policy: To suspend or cancel, submit a written request to Cheryl Vanek at cvanekmarketing@gmail.com at least two weeks before your next billing date. A confirmation email will be sent upon receipt. If no confirmation is received, the request was not successfully submitted.
All admin fees, including monthly and prepaid amounts, are non-refundable. Keep payment methods current at least 48 hours before billing to avoid additional fees.
Additional fees to consider:
Data charges for text, voice, and email in CRM.
(Data rates are set by carriers and can change without notice)
- $0.0298 for SMS (Data rate dependent per 100 characters. Image files will increase data usage.)
- Monthly phone charge for issued numbers (toll free and/or 7-digit local number)
- $0.0035 for email
- $0.045 per min voice
- $0.35 per 1000 AI generated words
Data of inactive accounts
After an account goes inactive you have 5 days to renew before the account may be deleted from the server to save on hosting, licensing, and data charges.
Refund & Guarantee Policy
All sales are final. No refunds will be issued, as payments cover the purchase of software, websites, support, hosting, and digital content. By purchasing, you acknowledge that you are acquiring tools and training to utilize them effectively. Package contents and marketing strategies may evolve over time; for the most up-to-date information, consult this page or your representative.
All disputes will be arbitrated in the state of NY. Additional fees to recoup cost from charge backs, legal fees and legal cost to arbitrate will be billed to you. Please note that Cheryl Vanek and Vanek Marketing are the content providers and affiliated with content providers of business consulting, software, system, and strategies being offered.
The Client agrees that all information stated hereon are part of this Contract and this Contract supersedes any prior Contracts and is the complete and exclusive agreement on the subject matters covered by this Contract. Further, Purchaser and Seller agree that no person is authorized to make any representation beyond those expressed in this Contract. Verbal promises are not valid and any promises or understandings not herein specified in writing are hereby expressly waived by the Purchase.
NDA Provision (Non-Disparagement Agreement)
All clients, members, affiliates and users of Vanek Marketing hereby agree not to defame or disparage any of the Company, Company Entities or any of their respective officers, directors, members, partners or employees (collectively, the “Company Parties”), and to cooperate with the Company upon reasonable request, in refuting any defamatory or disparaging remarks by any third party made in respect of any of the Company Parties. Members, affiliates, and users shall not, directly or indirectly, make (or cause to be made) any comment or statement, oral or written, including, without limitation, in the media or to the press or to any individual or entity, that could reasonably be expected to adversely affect the reputation of any of the Company Parties or the conduct of its, his or their business. The Company shall request that its directors and executive officers not defame or disparage other members, affiliates, or users; provided, however, that the failure of any director, executive officer or employee of the Company to comply with such request shall in no way constitute a breach or violation of the Company’s obligations hereunder or otherwise subject the Company to any liability.