|REDMONKIE®, A SUBDIVISION OF SUHAM'T LLC.|
Please, read this legal Agreement carefully, as it contains important information.
Please, read this legal Agreement carefully, as it contains important information.
March 16, 2016
The following Agreement ("Agreement") is entered into between you ("Customer", “You”, “Your”) and Suham’T LLC, a Florida corporation, in reference to Redmonkie® Services.
You are authorized to use Redmonkie.com and its Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”), and the terms of this Agreement.
If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of Redmonkie® Services immediately.
By using Redmonkie® Services, you represent and warrant that:
(a) All registration information you submit is truthful and accurate.
(b) You will maintain the accuracy of such information.
(c) You are a person of 18 years of age or older.
(d) Your use of Redmonkie® Services does not violate any Applicable Law.
Unless otherwise agreed to by Suham'T LLC in writing, you will pay to Suham'T LLC:
(a) 50% of total price related to new Services, due the day Services are requested. The remaining balance is due immediately once Services are completed, prior to be delivered to Customer for review.
(b) Total price, in advance, for any update order related to any Service.
(c) Monthly payments, in advance, for monthly services offered by Redmonkie®, including but not limited to robust SEO Service for pages ordered by Customer for specific keywords, and for Database(s) & Hosting Files Backup Service.
You will have a one-time opportunity to review the Services completed for any errors and minimal adjustments. Services are officially completed when Redmonkie® processes such reviews. If after your review opportunity you still need any additional changes, Redmonkie® will provide a new quote for you depending on the extra amount of work needed to complete your requests.
After 10 days of Services completion date, all amounts in default are subject to a one-time late fee calculated as 5.0% of total amount in default, or $25; whichever is greater.
After receiving notice that the late fee has been applied to your account, the amount in default, plus the late fee, must be paid in full within 10 days as an additional grace period. If payment has not been processed in full by such date, Suham'T LLC in reference of Redmonkie® reserves the right to use third party companies for the purpose to collect from Customer any unpaid balance and/or to notify credit unions of Customer’s status with Redmonkie® in reference of any unpaid balances and and/or fees.
For website and eCommerce Services, Redmonkie® also reserves the right to deactivate, including but not limited to:
(a2) Any Service performed and related to the amount in default.
(b2) Any previously programmed tool, software or any other job previously performed and paid in full by client which contains new unpaid Services, content and/or any update performed by Redmonkie®.
(c2) The complete online platform, as a means of ensuring payment for unpaid performed Services.
Once deactivation occurs, and if payment is received thereafter, Customer will have to pay an activation fee depending on the amount of work required to restore Services back.
Credit Card Charge Authorization
All credit card information will be kept confidential and will only be used for the purpose of this Agreement.
By submitting to Suham'T LLC your credit card information, you, as a customer of Redmonkie®, a subdivision of Suham'T LLC, agree and hereby authorize Suham'T LLC to charge payments to your credit card for Services requested by following payment procedure specified on “PAYMENT” section of this Agreement.
Any change on your credit card needs to be notified to Suham'T LLC as soon as possible by submitting an email at firstname.lastname@example.org. In the event you fail to update such information and Suham’T LLC is charged with any payment you were entitled to perform, penalties, delayed payment fees or any other fees, you understand it will be your obligation to fully reimburse Suham’T LLC with such charges.
You fully understand that any new change and/or update, including but not limited to new Services needed as a result of any of your actions on any of Services and/or tools and/or programs provided by Redmonkie®, and/or on any third party companies on which Services provided by Redmonkie® are located, requested to Suham'T LLC not included in your initial order, will incur in additional fee that will be determined by the amount of work and time required. Any change and/or update will be executed in the order it has been received.
For Website and eCommerce
(1) Powered By Redmonkie.com Disclosure
Suham’T LLC in reference of Redmonkie® Services offers its clients with initial discounted prices for its services and products in exchange of promoting Redmonkie® Services on each of its clients’ platforms. Therefore, all platforms created by Suham’T LLC in reference of Redmonkie® Services must include the statement “Powered by Redmonkie.com” on the footer of each page with a direct link to Redmonkie.com website. If by any reason, you, as a client, during programming or after your platform has been delivered, request to have this statement removed from your platform, Suham’T LLC in reference of Redmonkie® Services will apply a private developing fee of sixty five dollars ($65) per each page on your platform on which this statement must be removed.
(2) Platform Design
If no graphic designer is assigned to create the design for your website, you fully understand that when your website is completed and deliver to you for the first time, you will have a one-time opportunity to review the design created by Redmonkie® for any errors or minimal adjustments. After review opportunity, any additional changes will incur in additional fee that will be determined by the extra amount of work and time required to complete your requests.
If a graphic designer is assigned to create the design for your website, you agree to comply with that designer's costs, procedures and terms. You also agree and understand that Suham'T LLC in reference of Redmonkie® will not be responsible for the materials, content, works and designs created by the graphic designer.
(3) SEO Services
Search Engine Optimization (SEO) is the process of improving the volume or traffic to a web site from search engines via un-paid or organic search results. Keyword or keyword phrase is a search term(s) which is used to retrieve information through search engines. Suham’T LLC in reference of Redmonkie® Services, for a one time initial setup fee plus corresponding monthly payments in order to cover execution of work, supervision and maintenance, offers SEO Page(s) for specific keyword(s) of your choice. Pricing will vary depending of total work to be done.
Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, Suham’T LLC in reference of Redmonkie® Services does not guarantee No.1 positions or consistent top 10 positions or any position(s) at all for any particular keyword, phrase, or search term. All monthly payments paid in advanced are non-refundable. Suham’T LLC in reference of Redmonkie® Services has no control over the policies and ranking algorithms of search engines with respect to the type of sites and/or content that they accept now or in the future. Your web site or SEO Page(s) may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory.
You understand that ranking new websites is much more difficult than ranking old and established sites and you should not have unrealistic expectations about rankings, traffic and revenues.
You understand that the SEO work may be destroyed either wholly or in parts, either knowingly or unknowingly by any party when making changes to the SEO Pages or websites created. For this reason, Suham’T LLC in reference of Redmonkie® Services is not responsible for any of those changes or any future updates requested that may alter the SEO Page(s) or website optimization.
(4) Platform Content
Suham'T LLC, in reference of Redmonkie® Services, is not responsible at any time for the content on any of the websites and/or eCommerce platforms created for any Customer. This content includes but it is not limited to banners, images, text, videos and links.
Redmonkie® offers custom made online platform where you, the Customer, will be able to manage most of the content of the pages created for your site. As a courtesy, we will request some initial data and images such as logo to initiate your website and/or eCommerce platform; but if you do not provide that initial information and materials, then, Redmonkie® will use some of its choice, just as an illustration purpose, to initiate your site. However, you will be responsible to update the content thereafter to prevent any violation to a third party copyright holder. In case that you need to replace or delete any of the images, videos and/or any content used by Redmonkie® and you are not able to do it from your administration accounts provided, it is your responsibility to request those changes from Redmonkie®. Depending on the work requested, a fee may apply.
Redmonkie® is not responsible for any of your actions inside of the administration accounts that are used to manage content of your platform and/or in hosting account; including, but not limited to, mistake, misunderstanding and lack of knowledge actions; which may result in deletion of previously programmed content on any of the administration accounts and/or pages of the platform.
In case that you need Redmonkie® to add all of your initial content to your new platform, you must notify Redmonkie® at the time you place your order; so an estimate is provided for this additional cost. Redmonkie® does not provide content maintenance for website and/or eCommerce platforms.
(5) Product License
Any and all scripts and designs created by Suham'T LLC in reference of Redmonkie® Services are licensed to be used only under the Customer’s name and for the Customer’s purpose only. It is prohibited to resale or to transfer any of the work created by Redmonkie®.
(6) Domain, Hosting, Email
Redmonkie® performs programming of all programs and scripts at your own hosting account and using your own domain and e-mail. If you do not have a hosting account, an email or a domain, Redmonkie® will create them for you under your ownership through a hosting provider.
Redmonkie® does not guaranty the availability of any of your names or trademarks to be used as domain or for email. It is your responsibility to pay for all fees imposed by the hosting provider and for maintaining your hosting account, emails, SSL certificates, domains, and any other service required for your website to function accordingly.
If you already have a hosting account, e-mail, domain, or any other account needed to complete your website, by providing Redmonkie® login information to your accounts, you grant Redmonkie® and its staff access to such accounts. You hold Suham'T LLC, Redmonkie®, and its staff not liable at any time for any charges and/or changes made to these accounts as a result of the Services provided.
Once Redmonkie® completes your website or any other Services, and afterward, if you and/or your hosting provider perform any changes, transfers, any service cancellations, or updates into your hosting, SSL certificate, email, or domain accounts, and those changes affects your website in any way, you agree that Redmonkie® is not responsible or liable at any time for any issues on your website or on any other Services provided arising from those changes. You fully agree that Suham'T LLC in reference to Redmonkie® Services is not responsible for any issues related to hosting, emails, SSL certificate, domains services or any other service from any third party provider.
Redmonkie® Services require the creation of databases and files at your hosting account where all your website content, including, without limitation, data and images are stored. You further understand that it is your responsibility at all time to constantly make backups of your databases and files from your hosting account.
In the event that your databases or files are deleted or damaged by any unwanted program, spyware, virus, or any kind of malware, or for a person’s action, or for any other reason, and you do not have a backup to restore, you fully agree that Suham'T LLC, Redmonkie®, and its staff and members are not responsible or liable at any time for any losses or issues on your website or issues on any other Services provided by Redmonkie® arising from those changes and/or situations.
(8) Database(s) & Hosting Files Backup Service
If you register for Redmonkie® Database(s) & Hosting Files Backup Service, Redmonkie® will make backups of your database(s) and hosting files in our backup external drive during the time you maintain your registration active for the amount of times per year you request on the registration process. For a small extra fee, you can also request, at any time, a download link to download your last saved data.
When you cancel this service, Redmonkie® will no longer keep your data, since this service is valid only during the period you register for. At that time of cancellation, you can order a download link to download last saved files before they are deleted from our system.
Database(s) backup are generated from your hosting provider and Redmonkie® does not guarantee that they will contain all the information needed to restore your page entirely. Backup of your database(s) and hosting files will contain the information as of the day the backup was last created.
Redmonkie® does not offer any guarantee of any kind neither for this Service, nor in case our backup drive is damaged in any way. In the event our backup drive is damaged, Redmonkie® will proceed to replace it and to create a new backup of your files. If during the time that Redmonkie’s backup drive is down your website is damaged, Redmonkie® is not responsible for any lost data of any kind.
If you do not register for this service, you can also request, at any time, a one-time database(s) and hosting files backup of your website and/or eCommerce platform via a download link for the respective fee as advertised by Redmonkie®. If you do not purchase this service, it will be your responsibility to create a backup of this type for your website, eCommerce platform or for any programming made in your hosting account in case you will need to recover it for any reason.
Anti-virus, Anti-malware & Firewall are a must on every computer. We highly recommend having such type of protection for your computer against unwanted attacks from any type of malware that can infect your computer and that can infect your hosting files or databases when you login into your administration accounts to manage your website.
Redmonkie®, its staff and members are not responsible or liable at any time for any losses or issues on your platform or Services performed due to any malware infection either on your own hosting account or by using Redmonkie® tools, administrations accounts, logins, or by any hosting service through any hosting and domain service provider been used by Redmonkie®.
For Photography and Video Production
(1) Material, Content, Work
You, the Customer, represent that for any material, work, including but not limited to pictures, videos, clips, performances, ideas, mock-ups, audios, files, elements, and designs, you deliver to Suham’T LLC in reference of Redmonkie® Services:
(a) You are the sole author of the material, work.
(b) You own the rights.
(c) You have proper consent to use and consent to display such material, work; including, without limitation, third parties material, work, and/or persons, audios and/or performances.
(d) That every single component of such material, work, is original with you and not copied in whole or in part from any other material, work.
(e) That your material, work, is not libelous or obscene, or knowingly violates the right of privacy or publicity, or any other rights of any person, firm or entity.
Furthermore, you, the Customer, agree that Suham’T LLC in reference of Redmonkie® may make any changes or additions to the material, work, prepared and delivered by you, which Suham’T LLC in reference of Redmonkie® in its sole discretion may consider necessary, and may engage others to do any or all of the foregoing, with or without attribution to you. You further agree to waive any so-called moral rights in the material, work.
(2) Authorization and Release
You, the Customer, hereby grant Suham’T LLC in reference of Redmonkie®, for any Service provided to you as Customer, permission to use, exploit, adapt, modify, reproduce, distribute, advertise, publicly perform and display, in any form now known or later developed:
(a) Your image or visual likeness, your name and/or your voice, your filmed and/or videotaped, your photographed performance.
(b) Other persons’ images or visual likeness, voices, names, performances, films, photographs, videotapes and/ or any other element(s) on which you have proper consent to use and display that are part of the material, work, content which is related to the Service Redmonkie® is providing to you as Customer.
In addition, the above statement includes without limitation, any edited, revised or modified versions thereof, as specified in this Authorization and Release section, throughout the world at any time without limitation for the purpose of advertising, distributions, broadcast or other dissemination and in trade in any and all media by incorporating it or them into publications, catalogues, brochures, books, magazines, photo exhibits, motion picture films, videotapes, CDs, world wide web, and/or other media or commercial, informational, educational, advertising, or promotional materials relating thereto.
(3) Material, Content, Work Backup
During and after performing photography and video production Services to a Customer, Redmonkie® will create and save a backup of all material, content, work in our backup external drive.
Redmonkie® does not offer any guarantee of any kind neither for this backup Service, nor in case our backup drive is damaged in any way. In the event our backup drive is damaged, you fully understand and agree that all your material, content, work will be deleted and will not be able to be recuperated. Therefore, current and previous material, content, work will be lost permanently. Redmonkie® is not responsible, at any time, for any lost data of any kind.
(4) Additional Supreme Services
Suham’T LLC in reference of Redmonkie® offers additional services for photography and video production. Most of these services are provided by third parties companies and/or professionals in the entertainment industry with whom Suham’T LLC in reference of Redmonkie® has affiliations. When selecting any of these additional services, you agree to comply with each respective company’s and/or professional’s costs, procedures and terms. You also agree and understand that Suham’T LLC in reference of Redmonkie® will not be responsible for material, content, work, and/or service performed by such company and/or professional.
(5) Stock files including but not limited to photos and videos
Suham’T LLC in reference of Redmonkie® offers digital files including but not limited to photos and videos with a right to use license for business and personal use. Not for resale. No for commercialization purposes and/or for third parties marketing campaigns. No tangible personal property is transferred to the customer. Final product will be transferred by purely electronic means only.
You fully agree and understand that Suham'T LLC does not offer any type of exclusivities.
Suham’T LLC has a non-refund policy. You agree and fully understand that at all time any and all payments, in this case in reference of Redmonkie® Services, made to Suham’T LLC are non-refundable, including, without limitation, advanced payments.
You fully agree and understand that a thirty five dollars ($35.00) fee will be applied for every returned check paid to Suham'T LLC or to Redmonkie® for Services provided. In the event you need a copy of the returned check, a fee of fifteen dollars ($15) will be applied. Fees are set by the Bank and are not fixed and may vary.
You must first submit the free Online Referral Program Form in order to register and generate income when referring Redmonkie’s Services to any person and/or business.
The current total referral percentage or amount offered in this program will be shown on the top of the referral program submission form and may be updated or changed at any time.
You fully agree and understand that any amount due to you through this referral program will be paid to you only, under the name as it appears on the form, and only if the person or company referred purchases and pays in full a complete Service by Redmonkie®. Payment will be made by check or paid by using PayPal services. Any check payment will be mailed to the address you entered in the referral program form, unless otherwise agreed. You are responsible to maintain updated your mailing address in our system in the event you have changed it. Any cost involved as a result of mailing your check payment to an out of date or wrong mailing address will be deducted from your total payment.
Click here to update your mailing address.
This referral program shall not render you an employee, partner, agent of, or joint venture with Suham'T LLC and Redmonkie® for any purpose. Suham'T LLC and Redmonkie® shall not be responsible for withholding taxes with respect to your compensation hereunder. You shall have no claim against Suham'T LLC and Redmonkie® hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
If the person or business you refer brings a new customer for Redmonkie®, you will not receive any compensation for this new customer's orders or referrals. You will receive compensation only for the initial order of your referral. The setup fee and others professional services fees including, but not limited to, graphic designer fee and update costs for Services are not included in this referral program. After the initial order, if your referral orders any updates or places a new order, you will not receive any further commission. Furthermore, monthly Services offered by Redmonkie® including, but not limited to, SEO pages and/or Database(s) & Hosting Files Backups are excluded from this referral program.
Both parties, you and/or Redmonkie®, can terminate at any time, and for any reason, a referral program registration by providing a writing notice to the other party.
You fully understand that any information you submit at Redmonkie.com testimonials' page will be displayed in Redmonkie.com; you are providing unlimited proprietary right of use for any kind and of any form and into perpetuity. Furthermore, if you do not provide a picture for your submitted testimonial, you agree and authorize Redmonkie® to look for a picture on your behalf and display it at Redmonkie.com at Redmonkie’s own discretion.
You may cancel Redmonkie’s Services at any time. You fully agree and understand that in the event of cancelling any of your orders, including but not limited to, website, eCommerce, photography and/or video production Services, you must submit a notice to email@example.com and your order will be cancelled when notice is received. At the time your order is cancelled, you fully agree that, as of the cancelation date, any remaining balance due to Suham'T LLC in reference of Redmonkie® and to the work already performed for you as Customer must be paid immediately.
Hyperlinks to Other Websites
Suham'T LLC, in reference of Redmonkie® may provide hyperlinks to third-party websites as a convenience to users of Redmonkie.com. Suham'T LLC in reference of Redmonkie® does not control third-party websites, and it is not responsible for the content of any linked-to third-party websites or any hyperlink in a linked-to website. Suham'T LLC in reference of Redmonkie® does not endorse, recommend or approve any third-party website hyperlinked from Redmonkie.com. Suham'T LLC in reference of Redmonkie® will have no liability to any entity for the content or use of the content available through such hyperlinks.
Proprietary Rights in Content
By submitting by any means any content, including but not limited to logos, names, pictures, information and/or trademarks to Redmonkie®, you hereby grant to Suham'T LLC, Redmonkie® and their affiliates, officers, members, and agents license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such content, including, without limitation, distributing part or all of your content in our website, our marketing material, our portfolio, and in any media formats and through any media channels and into perpetuity.
Intellectual Property Rights
Suham’T LLC in reference of Redmonkie® grants you a limited, personal, revocable, non assignable, and nonexclusive license to use the Services, materials, content, work, scripts, performed and provided by Redmonkie®. Suham’T LLC in reference of Redmonkie® owns the text, photographs, videos, visual interfaces, interactive features, graphics, designs, compilations, computer codes, scripts, products, software and all other elements and components of the Services provided by Redmonkie®. Suham’T LLC in reference of Redmonkie® owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with Redmonkie® and the Services which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, publicly display or create derivative works based on the Services provided by Redmonkie® in whole or in part, except as expressly authorized in writing by Suham’T LLC in reference of Redmonkie®. In addition, Suham’T LLC in reference of Redmonkie® does not grant any express or implied rights; and all rights in and to Redmonkie.com and the Services are retained by Suham’T LLC in reference of Redmonkie®.
Copyright and General Right of Services
Only Suham’T LLC in reference of Redmonkie® Services hall have the right to register the copyright in any and all of its Services provided to Customers.
The rights in any and all Services provided by Redmonkie®, including but not limited to, designs, content generation, layouts, websites, eCommerce platforms, scripts, programs, tools, photos, images, artworks, photography, video productions, films, music videos, commercials, interviews, of any kind, shall be administered worldwide and in perpetuity by Suham’T LLC, Redmonkie® and its designees only. All negotiations relating to the licensing, publication, authorization of use for commercial purposes or other exploitation of the Services shall be conducted by Suham’T LLC, Redmonkie® and its designees only. Suham’T LLC, Redmonkie® and its designees reserve the exclusive right to negotiate, exploit, duplicate, distribute, perform, and whatsoever Redmonkie® Services. No other person, entity or Customer but Suham’T LLC, Redmonkie® and its designees, shall incur into any of the activities described in the sentence before and/or any Agreement and/or decision relating to the exploitation of Redmonkie® Services, whether exclusive or non-exclusive.
The Services, work, contributed by Suham’T LLC in reference of Redmonkie® to any Customer shall NOT be considered a "work made for hire" as defined by the copyright laws of the United States. Suham’T LLC, Redmonkie® and its designees shall be the sole and exclusive owner and copyright proprietor of all rights and title in and to the results and proceeds of Services provided to Customer in whatever stage of completion, throughout the world and in perpetuity. If for any reason the results and proceeds of Redmonkie® Services provided to a Customer are determined at any time to be a "work made for hire", you, the Customer, hereby irrevocably transfer and assign to Suham’T LLC, Redmonkie® and its designees all right, title and interest therein, including all copyrights, as well as all renewals and extensions thereto.
Trademark and Copyright
All materials on Redmonkie.com and/or the Services, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, scripts, and software are owned, controlled by, or licensed to Suham’T LLC in reference of Redmonkie® and are protected by copyright, trademark, and other intellectual property rights.
Materials, content, works on Redmonkie.com and/or the Services are made available solely for your personal, non-commercial use. Suham'T LLC in reference of Redmonkie® does not provide any copyright or grant any exclusivity right of use on any of the content used in Redmonkie.com and/or the Services.
If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Suham’T LLC in reference of Redmonkie® by email at: firstname.lastname@example.org or by mail at: Suham’T LLC, Ref. Redmonkie®, P.O. Box 245153, Pembroke Pines, FL 33024. Upon receipt of notice, Suham’T LLC in reference of Redmonkie® will take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing material from Redmonkie.com and the Services.
By contacting, registering, or submitting any of your personal information to Redmonkie®, including but not limited to telephone numbers, emails and/or addresses, you are consenting for Suham’T LLC, Redmonkie® and all authorized representatives to contact you by any media, including, but not limited to, phone texts for any purpose. Also, you further agree that your email will be automatically added to our Newsletter system to receive our latest updates, events, promotions and/or communications.
You, as a customer of Redmonkie®, understand and agree that Suham'T LLC does not make any warranty of any kind, including, without limitation, monetary savings, increase of business, increase of exposure, and market presence in relation of its Services. Moreover, it is your full responsibility to review any and all Services provided to you by Redmonkie® at the time such Services are completed and delivered to you.
You release and forever discharge Suham’T LLC, Redmonkie®, and their affiliates, officers, members, employees, successors and assigns, and agents from any and all liability claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, to both person and property, for all injuries and damages of any and every kind, including but not limited to death, disability, personal injury, property damage, property theft, negligence, which may arise or may hereafter arise from or in any way relating from any Service and/or services provided by Suham’T LLC, Redmonkie®, and their affiliates, officers, members, employees, successors and assigns.
You further agree that Suham’T LLC, Redmonkie®, and their affiliates, officers, members, employees, successors and assigns do not assume any responsibility for or obligation to provide with financial or any other type of assistance, including but not limited to medical benefits, health benefits, disability benefits, insurance, monetary compensation. You expressly waive any such claim for compensation or liability.
Furthermore, you agree to release and forever discharge Suham’T LLC, Redmonkie®, and their affiliates, officers, members, employees, successors and assigns, and agents from any and all claims which may arise or may hereafter arise from or in any way relating from any first-aid treatment or medical services rendered in connection with an emergency during performance of Service and/or services by Suham’T LLC, Redmonkie®, and their affiliates, officers, members, employees, successors and assigns.
Equipment and Premises Damages Compensation
You fully agree and understand that for the purpose of providing you a Service and or services, Suham’T LLC in reference of Redmonkie®, depending on the Service and/or services provided to you, including but not limited to photography service and video production service, will be required to use necessary equipment and/or property and/or premises owned by Suham’T LLC and/or third party companies.
You fully agree and expressly accept to be responsible at all time for any damage of any kind to any and all equipment and/or property and/or premises that may be caused by you, and/or by any other person related to you, while the Service and/or services are performed by Suham’T LLC.
Furthermore, you fully agree and expressly accept to be responsible at all time for any future malfunction of equipment and/or property and/or premises arising from or in any way relating to any initial use, mishandle and/or damage from you, and/or from any other person related to you, while the Service and/or services are performed by Suham’T LLC.
Furthermore, you fully agree and expressly accept to compensate monetarily for any damage of any kind to any and all equipment and/or property and/or premises that may be caused by you, and/or by any other person related to you, while the Service and/or services are performed by Suham’T LLC, by covering original and/or replacement and/or fixing costs and to compensate for any other related expenses, including but not limited to equipment original updates and special modifications, time to complete new purchase orders, shipping charges, fixing costs, remodeling costs, and/or any other cost and/or loss of profit that may be caused to Suham’T LLC because unavailability to use such damaged equipment and/or property and/or premises.
You agree to indemnify and hold harmless Redmonkie® and Suham’T LLC and their affiliates, officers, members, and agents from all claims, losses, liens, expenses, suits, and attorneys' fees for, but not limited to:
(a) Any damages of any kind, including, without limitation, any special, consequential, incidental, exemplary, punitive or indirect damages, to any person or entity that may in any way arise out of or result from or in connection with your use of Redmonkie® and Redmonkie’s Services; even if any of Suham’T LLC in reference of Redmonkie® and/or its parties have been advised of the possibility of such damages.
(b) Any business interruptions, loss of profits, loss of time, loss of data, loss of content and/or material, and/or loss of revenue.
(c) Any business interruptions, loss of profits, loss of time, loss of data, loss of content and/or material, and/or loss of revenue arising from the interaction of third parties companies and/or individuals hired by Redmonkie® when performing any of the Redmonkie® Services for you as a Customer.
(d) Any type of hacker or malware attacks to your website, ecommerce solution or on any other script provided by Redmonkie®.
(e) Any kind of copyright, trademarks, or right to use claim or suits arising from the use of any of Redmonkie® Services, including, but not limited to, content on photographs and/or content on video productions. Suham'T LLC shall have no duty or obligation to monitor such content. In addition, You agree that you shall own the rights and be sole author of content you provide to Redmonkie® for photography and video production Services. You agree that you must have proper consent to use and consent to display for such provided content to Redmonkie®; including, without limitation, third parties content, work, and/or persons, audios and/or performances. You agree that every single component of such provided content to Redmonkie® is original with you and not copied in whole or in part from any other content and/or work. Furthermore, you agree that your content provided to Redmonkie® is not libelous or obscene, or knowingly violates the right of privacy or publicity, or any other rights of any person, firm or entity.
(f) Any kind of copyright, trademarks, or right to use claim or suits arising from the use of any of Redmonkie® Services, including, but not limited to, content in your website and/or eCommerce platforms. Suham'T LLC shall have no duty or obligation to monitor such content. In addition, you agree that you shall be solely responsible for providing, uploading and maintaining your website content, and for any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from, or through your website, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text.
(g) Any liability by virtue of any blurring, distortion or other alteration of content, work, product, Service, whether intentional or otherwise, that may occur or be produced in connection with or as a result of any processing performed pursuant to the production and completion of the finished content, work, product, Service offered and performed by Redmonkie®.
(h) Any issue arising out of the use, exploitation, reproductions, adaptation, distribution, broadcast, performance, display or sell of content, work, product, Service offered and performed by Redmonkie®.
It is your sole responsibility as Redmonkie® Customer for any content on your website and/or eCommerce platforms and/or on any content on any other Service provided by Suham'T LLC including but not limited to photographs and video productions. Suham'T LLC and Redmonkie® do not provide any copyright or grant any exclusivity right of use on any of the content used in any Service performed.
In addition, you specifically acknowledge and agree that no oral or written information or advice provided by Suham'T LLC, Redmonkie.com, Redmonkie®, its officers, directors, employees, or agents (including without limitation its call center or customer service representatives) will constitute legal or financial advice and/or create a warranty of any kind with respect to this site, the Services found at this site, or the content in this site.
You or any visitor should not rely on any information or advice presented in Remdonkie.com.
You further agree to indemnify and hold harmless Redmonkie® and Suham’T LLC and their affiliates, officers, members, and agents in the event that your use of Redmonkie’s Services constitutes a violation of any applicable law or regulation (including, without limitation, copyright and intellectual property laws), is defamatory, fraudulent or deceptive and/or is intended to threaten, harass or intimidate any person.
Suham’T LLC in reference of Redmonkie® does not warrant that Redmonkie.com website, the functions contained in the site, the Service, and/or any third party sites will be uninterrupted or error-free, that defects will be corrected, or that Redmonkie.com website, the Service, or any third party sites, or the servers that make them available, are or will be free of viruses or harmful components. Suham’T LLC in reference of Redmonkie® makes no representations or warranties regarding how often the content on Redmonkie.com website and/or the Service will be updated; or the validity, completeness, accuracy, or usefulness of the content or Service.
In the event of a dispute arising under or relating in any way to this Agreement or to the Redmonkie® Services provided under this Agreement, you, the Customer, and we, Redmonkie®, Suham’T LLC, agree to resolve this dispute by looking to the terms of this Agreement. If there is a conflict between what one of our employees/contractors says and the terms of this Agreement, the terms of this Agreement shall control.
You are responsible for complying with all of your local laws. This Agreement and/or Redmonkie® Services are governed by United States federal law and the laws of the State of Florida, excluding any conflicts of law provisions. Accessing, browsing and/or otherwise using Redmonkie.com website and/or by you becoming a Customer and/or by you using Redmonkie® Services automatically mean you hereby consent to the exclusive jurisdiction of the state and federal courts in Miami-Dade County, Florida and you waive all defenses of lack of personal jurisdiction and forum non conveniences with respect to venue and jurisdiction in the state and federal courts of Miami-Dade County, Florida.
This Agreement is the entire Agreement between you the Customer and Suham'T LLC with respect to Redmonkie® Services. The failure of Suham’T LLC and/or Redmonkie® to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Redmonkie® has full authorization to implement or disregard any features showcased at Redmonkie® Services at any time. If any part of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not affect the balance of this Agreement. Nothing in this Agreement shall be deemed to create a partnership or joint venture between you and Redmonkie®. Redmonkie® has the full right to discontinue any of the Redmonkie® Services in its totality at any time. The headings of the paragraphs of this Agreement are for convenience only and shall not be deemed to limit or in any way affect the scope, meaning or intent of this Agreement. This Agreement is accepted upon your use of Redmonkie.com or any of the Services provided by Redmonkie® website and is further affirmed by you becoming a Customer. Your Agreement with Suham’T LLC will always include this Agreement at a minimum. This Agreement operates to the fullest extent permissible by law.
BY BECOMING A CUSTOMER, YOUR ELECTRONIC ACCEPTANCE AND/OR USE OF REDMONKIE’S SERVICES, YOU INDICATE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Communication Between You and Suham’T LLC in Reference of Redmonkie®
You may contact us at any time with any questions regarding this Agreement.
Electronically, via email at: email@example.com or by using our direct online contact form at our help desk.
By mail at:
P.O. Box 245153
Pembroke Pines, FL 33024
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