Terms & Conditions
Updated December 7, 2018
Welcome to Dakno Marketing! We’re excited to be partnering with you.
Before we get started, there are a few things we have to go over with you in our terms and conditions — we know, the dry legal stuff.
But bear with us. We’re going to work together to make sure you know how we operate and what we can expect from each other, and you’ll be ready to go in no time.
Let’s get started!
1. Acceptance of Dakno’s Terms & Conditions
Basically, we’ll give you a website and marketing services to help you succeed. In return, you’ll pay us.
Dakno Marketing ("Dakno," "we", or "us") agrees to provide the Client ("you"), with a real estate Website and Marketing*, Dakno Messenger, and Lead Management and Site Control Panel (collectively referred to as "Tools") — including, but not limited to, email marketing, third-party lead integration, built-in IDX**, web content, and, if Marketing was purchased may also include, social media management, and account coordination or account management services — in exchange for financial compensation.
By using the Tools provided by Dakno, Client agrees to abide by the terms and conditions outlined in this agreement.
Client consents that this agreement may be automatically assigned by Dakno in its sole discretion to any third party.
*Marketing is an additional service that that must be purchased with a marketing retainer. Note: "Tools" only refers to 'Marketing' if Marketing has been purchased.
**Site must be live in order for IDX to function.
Modifications to this Agreement
Dakno may revise these terms and conditions at any time by updating this posting within DaknoAdmin. Revisions to Dakno Marketing Terms & Conditions will be effective 30 calendar days after posting. By using the Tools, Client agrees to be bound by any revisions and agrees to periodically review these terms and conditions.
2. Dakno Marketing & Client Expectations
Let’s go over our expectations for each other.
Dakno and Client agree to adhere to individual expectations for mutually beneficial services.
Expectations for Dakno Marketing
We work quickly to make sure that your website is up and running as soon as possible, so you can start cultivating your leads and falling in love with the system.
Theme Websites may be implemented after Client has signed their proposal. Custom Websites will be fully implemented after the completion of: (i) design; and (ii) coding
Billing begins upon the completion of coding. Once implementation is complete, Client is ultimately responsible for launching their site.
Once Client approves a design and the design has been coded, any further changes will be implemented either through an hourly rate or a marketing retainer.
Service Level Agreement
We’re committed to keeping your website running. If your website goes down unexpectedly, we’ll make sure it’s back to work as quickly as possible.
Dakno agrees to keep Client’s Website accessible to visitors. In the event that unscheduled downtime occurs, Dakno will reduce the cost of Client’s monthly Dakno Admin fee by 5 percent for every 30 minutes of reported outage time for the remainder of the current month, up to the value of your current one month DaknoAdmin fee.
Client must notify Dakno in writing of an unscheduled outage by sending an email to firstname.lastname@example.org within 5 business days of the outage.
Payment for Tools
We can bill you monthly or annually by credit card, based on your personal preference. Billing is done in advance; you’ll be sure to get your money’s worth.
To activate their account, Client must provide Dakno with a valid credit card. Client authorizes Dakno to automatically charge their credit card for all Tools requested on the appointed billing date, and Client agrees to keep their credit card information updated. If Client’s credit card on record fails to process appropriately, Client will provide Dakno with a new valid account number.
Client authorizes Dakno to automatically charge Client’s credit card for all monthly or annually recurring payments. Client’s billing date and marketing retainer renewal ("Billing Date") will take place on either the 1st or the 15th of the month.
Recurring Tools and services are to be paid in advance and will automatically renew for additional periods, each of equal length, unless Client notifies Dakno of their intent not to renew the services at least 10 calendar days prior to the expiration of Client’s then current term.
The Client is accountable for paying Dakno for any hours exceeding their retainer at the hourly rate of their retainer.
Client may opt to pay for services on a yearly basis. For a yearly subscription, client will only be charged for 11 months, and the 12th month will be free. As this is an annual agreement, we can not offer a refund should the Client decide to cancel their services for any reason.
It takes time to cultivate leads, build relationships, and fall in love with the system so we recommend taking a few months to learn the system and allow it to start bringing in leads. That being said, there is no commitment to Dakno unless you choose a yearly contract.
Dakno has no monthly commitment for DaknoAdmin tools unless the client commits to one year for a reduced rate. DaknoAdmin tools include Website, Dakno Messenger, and Lead Management and Site Control Panel (collectively referred to as "Tools") — including, but not limited to, email marketing, built-in IDX**, and web content.
The client may opt to commit to a year contract for a reduced rate. The client is locked in at the reduced rate for one full year (12 monthly payments of DaknoAdmin tools). This means the client cannot cancel DaknoAdmin tools until one year of 12 monthly payments is complete. After the year commitment is complete, the client would have the option to renew the year commitment at the reduced rate.
DaknoAdmin tools will continue automatically and payment schedule will remain uninterrupted for all clients regardless of whether they pay yearly or monthly.
No refunds will be provided for setup or other paid fees for any reason after Client requests and/or orders DaknoAdmin Tools.
4 Month Commitment for Marketing Tools
It takes time to cultivate leads, build relationships, and fall in love with the system. All we ask for is 4 months. After our 4 Month Commitment, you don’t have to do anything to keep using our Marketing tools; we’ll keep giving you our best content, our best account management, and our best customer service.
Marketing tools include, but are not limited to, Marketing Retainer, Social Media Management, Paid Advertising, Account Coordination or Account Management Services, and Third-Party Lead Integration (collectively referred to as "Tools").
Dakno requires a 4 Month Commitment for using its Marketing Tools. Following the 4 Month Commitment, Client may terminate their Marketing tools as provided in this agreement. In any case, Client will remain liable for payment of Marketing Tools to the end of the 4 Month Commitment, without exception.
Following the 4 Month Commitment, services will continue automatically and payment schedule will remain uninterrupted.
No refunds will be provided for setup or other paid fees for any reason after Client requests and/or orders Marketing Tools.
As pricing is broken up by the number of users you have on a site, it's important to understand what qualifies as a 'User.'
Pricing is determined by the number of Users on a site. A User is defined by having the ability to access a site's control panel.
If we don’t meet your expectations for success, you can cancel your partnership with us. But please let us know ahead of time. :)
The client may terminate their account with Dakno by providing written notice to Dakno at least 10 calendar days prior to the end of the Client’s current recurring billing period. Dakno will terminate Tools at the end of the business day one day prior to the Client’s Billing Date.
The client must submit written notice of their intent to cancel by submitting the request using the Client Evaluation Form (“form”). Client’s account will not be terminated until the client evaluation form is complete. If failure to complete the form, client’s tools will remain active and billing will recur as normal until the form is complete. The client will remain liable for payment of tools and services if the form is not complete at least 10 calendar days prior to the end of the Client’s current recurring billing period.
Dakno does not charge a cancellation fee.
Client will retain access to the Tools until the end of the billing period. The client may choose to deactivate their account prior to the end of their billing period; however, Dakno does not offer compensation for unused services.
Clients who do not use their accounts are not considered canceled.
The client agrees to be responsible for archiving any information. The client may be entitled to copy and reuse prior to deactivation. Following deactivation of services, Client will not be able to access any information previously stored and/or transmitted through the Tools.
Should Client choose to cancel and later reactivate their account, a $99 re-activation fee will apply. Client has 90 days from the cancellation date to be eligible to reactivate their account.
Please Note: IDX Broker cancellations are taken down on the 25th of every month. Be aware that this could be before your website is taken down. If you use Dakno IDX it will be taken down when your website is.
Communications for Monthly Marketing Plan
We are eager to plan out your monthly marketing for the month to make sure you get your money’s worth.
Clients who have purchased a 4 Hour Retainer, 7 Hour Retainer, or 15 Hour Retainer will receive frequent correspondence updating them on marketing plans for Web Site Consulting, Web Edits, Web Related Software Training, Internet Research, Keyword Analysis, Marketing Planning and Coordination, Phone Consultation, Logo development, Graphic Design, Site map construction, Advertising Design, Business Collateral Design, Style Guide Design, Email Stationery, Copywriting, and Coordinating projects with other vendors/companies.
Client may respond to their Account Manager or Account Coordinator’s emails concerning monthly marketing plans within 7 calendar days. Should Client not respond within 7 calendar days, Client’s Account Manager or Account Coordinator will proceed with monthly marketing content additions and social media updates using their best judgment for Client’s website.
All time spent on correspondence (emails, phone calls, meetings, etc.), will be deducted from Client's retainer hours. For additional projects, time spent on correspondences during that project will be billed at an hourly rate.
If Client does not respond to correspondence attempts made by their Account Manager, Dakno reserves the right to use best judgement and market on Client's behalf.
Social Media Logins
We promote your content on social media so that it can attract potential clients and help you receive brand impressions.
Client agrees that Dakno may post social media updates and/or outside promotional posts on their behalf.
Use of Email Systems
Client agrees to use email services provided with the Tools in compliance with CAN-SPAM laws and practices. Dakno will only import contact information for contacts who have chosen to receive communications from Client.
Use of SMS/Phone Systems
Dakno will enforce a per user cap on text and voice message usage. Your current usage can be viewed in DaknoAdmin by going under settings and selecting Messenger App.
Use of Information
Dakno has the right to store and/or transmit any information Client provides through the Tools. Client agrees to indemnify and hold harmless Dakno and any of its affiliates against any and all claims or causes of actions that may arise concerning the information Client provided Dakno or its affiliates.
3. Website Implementation
This part goes over how website billing works, including at what point your site is considered fully implemented and what steps each of us have to take along the way.
Once Client’s Website proposal has been accepted, Client will be charged the full initial projected cost listed on their proposal including website start up fees and any other setup fee they have agreed to.
After Client has received their coded preview Website — which includes full access to Tools — Client has 5 business days to review their Website and request any branding revisions. Billing will begin upon the delivery of Client's Preview Site.
If Client is unresponsive at any time for more than 5 days during the implementation process, we reserve the right to load a template website design. When the template design is loaded, monthly marketing services will be activated and billing will begin. Should Client choose to revisit their initial design after the template site has been launched, they may be billed hourly or time may be taken from their marketing retainer.
Billing begins upon the completion of coding. Once implementation is complete, Client is ultimately responsible for launching their site.
As per the 4 month proposal agreement, Client is contractually obligated to pay for 4 months of service. If Client cancels their services during implementation, they will be billed for 4 months of services.
Client will receive a prorated base charge for access to Tools based on the time period between Website billing to Client's Billing Date.
Coded Preview Website Delivery
Dakno Marketing will deliver the coded preview Website to Client according to the general production guidelines, contingent upon Client's response to Dakno within 24 hours during the entire implementation period. The guidelines for production for Websites are as follows: (a) 3-5 production days for a Starter Website, (b) 10-20 production days for a Signature Website, (c) 15-25 production days for a Select Website, and (d) 30-40 production days for a Superior Website.
We have some “wiggle room” of up to 25% of total ad spending for Paid Advertising since we will not always spend exactly to the penny what your budget is.
Should Client’s Paid Advertising budget not reach 100%, Dakno will carry over the remaining amount of the budget, provided that the remaining amount of Client's total budget does not exceed 25%, to the next month’s Paid Advertising budget. Should Client’s Paid Advertising budget exceed 100%, Dakno will deduct the overage amount from the next month’s Paid Advertising budget.
Client will receive a prorated base charge for Paid Advertising Services based on the time period between Website billing to Client's Billing Date.
Client may terminate their Paid Advertising account with Dakno by providing written notice to Dakno at least 10 calendar days prior to the end of the Client’s current recurring billing period.
If Client cancels their Paid Advertising campaign, Client is responsible for paying any overages. Dakno does not offer a refund for unused Paid Advertising spending.
5. Conditions for Termination of Services
Termination for Past Due Payments
Stuff happens — we get it. If your credit card doesn’t go through, we’ll run it again, and let you know ahead of time that your payment hasn’t gone through so you know what’s happening. If this happens, the deadline for payments is on the 7th business day after your billing date.
Dakno reserves the right to place Client’s account on hold, suspend Tools and/or terminate this agreement if Client has not provided compensation for Tools by their Billing Date.
If Client is past due, their use of Tools will terminate on the 15th business day after Client’s Billing Date.
Termination for Breach of Contract
We hope this never happens.
Dakno reserves the right to terminate its account with Client without cause provided that Dakno gives Client 30 calendar days' prior notice.
In the event that Client breaches any of the terms and conditions outlined in this agreement, Dakno may immediately terminate its account with Client without prior notice.
6. Prohibited Use of Tools
We’d like for you to use our tools for your success, so here’s a list of what not to do that may prevent your success.
Client will not use the Tools for spamming purposes, as determined by Dakno in its reasonable discretion.
Client will not use the services for any unlawful purpose.
Client will not engage in any other conduct that restricts or inhibits any other person from using or enjoying the Tools, or which, in the judgment of Dakno, exposes Dakno or any of its affiliates to any liability or detriment of any kind.
Client acknowledges that the services provided by Dakno are for commercial use by Client, and that the relationship between Dakno and the Client according to this agreement will be considered business to business. The services provided by Dakno will not be regarded as a “consumer good” as defined under applicable law.
Client will not transmit and/or store information on Tools that includes, but is not limited to: (i) being false or misleading; (ii) infringing on any copyright, patent, trademark, or trade secret; (iii) violating any law, statute, ordinance or regulation; (iv) being defamatory, libelous, threatening or unlawfully harassing; (v) promoting and/or containing content that is offensive or discriminatory, whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, etc.; and (vi) presenting any computer programming routine that interferes with and/or undermines the Tools in any way.
We can split your website payment in half, and you'll pay the first half after accepting your proposal and the second half after 30 days. You'll receive a prorated base rate for access to our tools until your marketing retainer starts.
Billing for marketing retainers will take place on either the 1st or 15th of each month ("Billing Date"). These recurring Tools will be paid in advance and will automatically renew for additional periods, each of equal length.
Billing for Websites will take place upon Client's acceptance of their Website proposal and again upon Client's receipt of their coded preview Website. The prorated base rate will cover the time period between Client's receipt of their coded preview Website and the start of their marketing retainer.
Service Pricing Changes
If we come out with new features or any other service that affects our pricing, we’ll let you know about it ahead of time.
Dakno reserves the right to change the pricing for recurring services at any time with advance notice of 30 calendar days to Client. Client agrees to be bound by the new pricing upon renewal of any monthly or annual services after the 30-day notice period.
We offer payment options to cover the design fee for custom-designed sites.
Client may elect to divide their initial costs for Signature, Select, and Superior website designs into 2 payments. If they accept this option, the first payment will be charged after the acceptance of the proposal, the second payment will be automatically charged 30 days later. Client must state in the proposal notes that they wish to split their initial cost into 2 payments.
8. Proprietary Content Ownership & Rights
When it comes to who owns what, we have sole rights to the way we operate or design our clients’ websites. You have sole rights to your own website's design.
Dakno owns and retains all rights to its copyrighted content, programming, and trademarks. Dakno alone has ownership to our intellectual property including, but not limited to: (i) common designs, (ii) layouts, (iii) content, (iv) program code, (v) source code, (vi) scripts, (vii) database structures, (viii) proprietary strategies, and (ix) processes.
Client does not own any stock photos that Dakno purchases for use on your site or for use in your marketing materials. Dakno will purchase up to 9 stock photos for use on your site. All other photos must be high-quality photos provided by Client.
Client owns and retains all rights to their individual website design with the exception of Starter sites.
A Dakno copyright notice will be placed on all accessible web pages included in the Tools.
Dakno’s Authorship Mark & Client References
We’re proud of our work, and you’ll love what we can do for you. We’d also like to show off our partnership with you by referencing you for marketing stuff that we do from time to time.
Client agrees that Dakno can place a reasonably sized and positioned logo and/or text link on website pages included in the Tools.
Client also agrees that Dakno may reference its relationship with Client for marketing purposes.
9. Limitations of Liability
This part of the agreement outlines the limits to our legal responsibilities for our tools, for consequential damages if a breach of contract ever happens, and other uses of our terms. (You’re over 18, aren’t you? Just checking.)
The services and all information provided by Dakno in connection with the Tools is provided to Client without warranty of any kind, whether expressed or implied — including, but not limited to, the merchantability, fitness for a particular use, or other warranty, condition, guaranty, or representation, whether oral or in writing. Client accepts the Tools at their own risk.
Limitation of Liability
Neither Dakno nor any of its affiliated or related parties will be liable for any indirect, punitive, consequential or incidental damages, nor will Dakno or any of its affiliated or related parties be liable for any damages arising from any claim for loss of profit or loss of business opportunity due to breach of this agreement, in any case. Client will accept the services “as is.”
Client will not hold Dakno or any of its affiliated or related parties liable resulting from the use of or inability to use the services, whether based on warranty, contract, or any other legal theory, regardless if Dakno is advised of the possibility of such damages.
Client will not hold Dakno or any of its affiliates or related parties liable for MLS infractions of any kind, nor will he/she hold Dakno or any of its affiliates or related parties liable for copyright infringement. Dakno assumes that Client has permission to use the information, including — but not limited to — content and images.
Client agrees to indemnify and defend Dakno, its affiliates and related parties, and hold them harmless against any damages, losses, liabilities, suits, costs or expenses of any kind arising out of a claim by a third party relating to Client’s use of the Tools or any breach of this agreement.
By accepting this agreement, Client agrees to the following terms: (i) that he/she is at least 18 years old and is authorized to enter into this agreement with Dakno Marketing; (ii) that Client is entering into this agreement on their own behalf after evaluating the desirability of entering into this agreement independently, and is not relying on any representation, guarantee or statement other than as expressly set forth in this agreement; (iii) that Client is the owner of, or legally authorized to act on behalf of the owner of, their account with Dakno; and (iv) that all other information provided by Client to Dakno is accurate.
At any time upon request from Dakno, Client agrees to sign a non-electronic version of Dakno Marketing Terms & Conditions, and any other agreements or statements reasonably necessary for Dakno to provide and account for Tools.
If there is a dispute regarding the Dakno Marketing Terms & Conditions, any mediation, arbitration or hearing thereof will be decided according to the laws of the State of North Carolina and will be heard in Johnston County, North Carolina.
All claims, controversies and disputes between Dakno and Client (“Claims”) relating directly or indirectly to the Dakno Marketing Terms & Conditions will be initially submitted to mediation, according to the rules of procedure of either (i) a private mediation service mutually agreed upon by both parties or (ii) the the Raleigh Arbitration Service.
If Claims are not resolved through mediation, then Claims will be submitted to formal and binding arbitration, according to the rules of procedure of either (i) a private arbiter mutually agreed upon by the parties or (ii) the Raleigh Arbitration Service. Any decision of the arbiter will be binding and may be filed as a final judgment in any court of competent jurisdiction.
If the arbiter refuses to enforce all of the terms and conditions laid out in this agreement, any unenforceable provision will be given a limited effect or be considered eliminated from the agreement for the purpose of the proceeding so that the remaining provisions of this agreement will be enforced.
Dakno and Client agree that the refusal to mediate will itself be deemed a breach of this agreement.
10. Force Majeure
We’re only human and can’t predict everything. So in the event that something out of our control happens, we’ll both do what we can to hold up this agreement. But if not, and if we let each other know, it won’t be considered breaking the agreement.
Riots, acts of terrorism, fire, flood, earthquakes, etc. under force majeure and beyond Client’s or Dakno’s reasonable control will not automatically terminate this agreement. Client will continue to provide compensation and Dakno will continue to provide services.
If Client or Dakno are slowed down or even prevented from holding up the terms of this agreement, neither party will be deemed in breach of this agreement — provided that such party gives the other party prompt written notice and uses its best efforts to continue to perform its obligations.
11. Reassignment of Services
You can transfer your account to another real estate business, just let us know beforehand. We’ll point you to the resources you need, as well.
The right to receive the services is personal to Client and Client may not transfer assignment of Tools to any other person or entity without the prior written consent of Dakno.
Should Client seek to transfer assignment to another party, Dakno requires written consent from both parties.
The current Client must submit to Dakno that they are transferring sole ownership and all responsibilities to the new Client. Current Client must submit written notice of reassignment of Tools in an email to email@example.com. The new Client must submit notice to Dakno that he/she is accepting all responsibilities and services. The new Client must submit written notice of acceptance of Tools in an email to firstname.lastname@example.org.
Dakno does not charge for reassigning responsibility and pricing structure remains consistent unless the new Client seeks a Website redesign; however, hourly charges for branding revisions and information changes will apply.
Dakno is not responsible for Website domain name changes, but Dakno will direct the Client to the third-party resources that provide domain name changes.