We will always do our best to fulfill your needs and meet your goals, however, in the interest of protecting all parties, the following terms are to be agreed upon in the event that something goes wrong.
You, the client, are licensing Hustle from cStreet Campaigns Inc. This agreement outlines the terms of our relationship as well as the term of your relationship to Hustle.
As our client, you have the power and ability to enter into this contract on behalf of your organization. You agree to provide us with everything that we need to complete the project including text, images, and other information as and when we need it, and in the format asked for. You agree to review work, provide feedback, and/or sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates we set together. You agree to adhere to the payment schedule outlined in this contract.
We have the experience and ability to perform the services you need from us and we will carry them out in a timely and professional manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off on our work on time at any stage. We will maintain the confidentiality of any information that you give us.
Payment is due within 30 days of invoice receipt (Net 30). After 30 days, and for each 30 days afterwards, 1.5% will be added to the invoice total. If you need to renegotiate the payment schedule you must get in touch with us in advance of the 30th day.
This Agreement covers the entire period outlined in your order form. You have the right to terminate the contract, in writing, one week (seven days) prior to the start date with no penalty incurred. Should you seek to terminate the Agreement before the outlined end date, you will be responsible for a Cancellation Fee of 50% of the total project price or amount paid to date, whichever is greater. After payment of the kill fee, you will not have any action, cause of action, claim, or demand against cStreet Campaigns Inc. or any other person as a consequence of this Agreement or its termination.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other creative that you provide us for use are either owned by you, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
We will give you a copy of all content produced and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them. You also own text content, photographs, and other data you provided, unless someone else owns them.
Finally, we love to show off our work and share what we have learned with other people, so we also reserve the right to write about the project in promotional materials.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
We expect that anyone who wants to have a voice in the process must be a part of the process from the start. Any additional voices or input after we start the contract may influence the overall direction and cost of our contract and requires us to renegotiate our terms.
THE PAUSE CLAUSE
If a deliverable (i.e.approvals, assets, feedback, or payments) is more than five business days late, we will put the project on hold. This is to protect both our timeline and your budget. Once we have received the deliverable, the project will be reactivated based upon cStreet Campaigns schedule and availability.
CHANGES TO TERMS AND CONDITIONS
Hustle reserves the right in its sole discretion to: (i) modify, disable, or terminate Hustle features and functionality at any time, with or without prior notice to the you the Client, and (ii) change or implement fees or charges for any or all of the Hustle features and functionality upon 30 days prior written notice to you the Client.
DATA DELETION POLICY
Hustle's data deletion policy is that at Customer's written request, Hustle will delete Customer's data from the live database within 60 days. An encrypted copy of the Customer data will remain in Hustle's encrypted backups for up to three years.
As with any project, there is always the possibility of unexpected obstacles or unforeseen requirements that serve to increase the overall cost. In this project, such overruns might take the form of functionality requirements that aren’t solvable with the Hustle platform, or additional art/design work beyond the scope of the contract. In such cases, we may need to:
- Hire external contractors for work beyond the contractual scope
- Add extra revision rounds beyond those outlined in the contract
If any of these scenarios seem likely to occur, we will flag the issue immediately and bring it to your attention for discussion and to develop a plan moving forward. We make it a practice to avoid cost overruns at all costs. When we say a price we mean it.
SMS messages can be sent as multi-part messages. This is where up to four messages are sent but are displayed as a single, long message on the mobile phone. Each message is charged. SMS messages are 160 characters. If a message is longer than that, it will cut it off in 160 increments. For example, if you sent a 370 character message, it would be charged as three texts.
These terms apply to individuals who access Hustle’s Service by (1) messaging with a Hustle customer who already has their contact information, or (2) texting a short code or long code as offered by a Hustle customer.
AGREEMENT TO BE BOUND
The following terms and conditions governs use of the Hustle Service by individuals (“Subscribers” or “you”) who send an SMS or MMS message to a short code, or who make a call or send an SMS or MMS message to a long code managed by a Hustle customer. The Service is offered, subject to your acceptance, without modification of all of the terms and conditions contained herein, including the provisions calling for arbitration of disputes that may arise out of use of the Service, and all other operating rules, policies and procedures that may be published from time to time by Hustle.
Please read these Subscriber Terms carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to be bound by these Subscriber Terms. If you do not agree to these Subscriber Terms, then you may not access or use the Service. Hustle may amend the Subscriber Terms from time to time, and we will provide notice of any substantive changes on our website located at http://hustle.life/tousubscriber. You are responsible for periodically visiting our website and these Subscriber Terms to check for any changes.
ABILITY TO ENTER INTO THESE SUBSCRIBER TERMS
The Service is available only to individuals who are at least thirteen (13) years old. By using the Service you represent that you are at least 13 years of age and otherwise able to enter into a valid and binding legal agreement and acknowledge that these Subscriber Terms constitute a valid, binding agreement between you and us.
MOBILE TERMS AND TEXT MESSAGING FEES
Hustle does not charge a fee for you to use the Service, but any text messages sent and/or received are subject to standard text messaging rates. Additionally, text messages or voice calls sent and/or received from us may count towards a quota depending on your carrier’s plan. Text messaging, and voice rates, and quotas can normally be found by asking your carrier.
All subscribers, including you, have the ability to unsubscribe or opt out-of the Service at any time as described below:
- Stop messages: To stop receiving text messages and calls from any Hustle customer, text STOP to the Short Code or Long Code that you wish to cease receiving messages from in the future. In the event you use the Service with multiple Hustle customers, we may send you an automated message to clarify which customer you want to cease receiving messages from. Hustle may also send a single confirmation message in case of an accidental unsubscription.
- Start messages: To restart receiving text messages and calls from any Hustle customer, text START to the Short Code or Long Code. In the event you use the Service with multiple Hustle customers, we may send an automated message to clarify which customer you want to restart receiving messages and calls from.
- For our Peer-To-Peer Service, simply text or call the person via their ten digit number displayed on your device and request that you be unsubscribed.
- Email Hustle at [email protected] or [email protected] provide us your own phone number and number you received calls or messages from, and tell us that you want to unsubscribe.
Please note that opt-outs are tracked separately for each Hustle customer. So unsubscribing from one Hustle customer would allow you to keep communicating with a different customer.
SMS/MMS USAGE POLICY
This SMS/MMS Usage Policy is designed to prevent fraud and abuse of our subscriptions by a small number of individuals. SMS/MMS usage is limited and any subscriber who sends more than ten (10) messages in a row without receiving a response from the Hustle customer may lead to restricted use and possibly termination of the Services.
Hustle collects your phone number in the following ways:
- If you have previously provided your contact information to a Hustle customer, we collect your phone number when our customer connects their database with Hustle.
We may augment this data with:
- Data input manually by a Hustle customer during the course of a peer-to-peer conversation. For instance, a person who is a Hustle customer may ask you for your name during a text message conversation or a voice call, and then record your name alongside your phone number by typing your name into their contacts.
- Data collected from 3rd parties by matching your email, phone number, or other information provided to us by you or a Hustle customer. For instance, when a Hustle customer uploads a list of phone numbers of their own contacts, we may use a 3rd party service to determine which phone numbers can be text messaged (i.e. which numbers belong to cell phones and which belong to landlines).
- Metrics collected through normal usage of the Service. For instance, Hustle may track and display to a customer the last time you sent or received a message.
- From information provided to us automatically from the database of a Hustle customer. For instance, if you signed up on a Hustle customer’s website and provided your name and phone number, we would store your name and display it to our customer at various relevant times (e.g. in our text messaging app used by customers.)
Hustle may use or disclose information about you, including your personal information as follows:
- To provide you with services you request.
- To anticipate and resolve problems and conflicts with our Service.
- For verification and authentication purposes in regards to requests or changes to any personal information or data.
- For other purposes communicated to you at the time you provide or authorize the use of your information.
- In response to a subpoena, court order, or other legal process.
- To establish or exercise our legal rights or defend against legal claims.
- When Hustle believes such use or disclosure is (a) necessary in order to investigate, prevent, or take action regarding suspected illegal activities, fraud, or situations involving potential threats to the physical safety of any person, or (b) required by law.
- In the event of a merger, acquisition, consolidation, divestiture, or bankruptcy of Hustle.
Hustle will not, with regards to the content of your peer-to-peer messages:
- Automatically scan the content of your messages, use it for the purpose of targeted contextual advertising, or use it to profile you, unless such activity is disclosed to you or required by law or for SPAM prevention purposes.
Hustle’s Peer-to-Peer Service fully complies with the requirements of a “Peer-to-Peer Text Messaging Service” as specified by the CTIA’s SMS Interoperability Guidelines Version 3.2.2, effective January 1, 2015. Hustle’s Short Code Service fully complies with the Short Code Compliance Framework specified by the CTIA’s Short Code Monitoring Handbook Version 1.4.1., effective November 1, 2014. For more information on these requirements and the CTIA, please visit http://ctia.org. For more information on Common Short Codes, please visit http://www.usshortcodes.com.
Notification of Data sent to US Suppliers
• Contact lists uploaded by clients may be sent to the United States during the production of a Hustle program.
If you submit material or information or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. By using the Service, you assume responsibility for your use of the Service and agree not to use it in ways not authorized by Hustle as described in these Subscriber Terms. You represent and warrant that you own and control all of the rights to the Content that you submit using the Service, or you otherwise have the right to post the Content on the Service. You represent and warrant that the posting of the Content you supply does not violate these Subscriber Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties. You will also comply with the Canadian Radio-television and Telecommunications Commission (CRTC) and Canada’s Anti-Spam Legislation (CASL) requirements. If you violate these requirements, cStreet Campaigns will not be liable.
Using the Service means that you will:
- comply with all applicable laws and regulations;
- not use the Services to infringe the intellectual property rights of others;
- not use the Services to submit Content that is pornographic, libelous or defamatory, or contains threats or incites violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- ensure that your Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive Content;
- ensure that your Content is not being sent in connection with any unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing);
- strictly comply with any carrier terms and terms associated with your mobile device; and
- not attempt to disrupt the Service.
CONTENT FROM HUSTLE CUSTOMERS
MODIFICATIONS TO AND TERMINATION OF THE SERVICE
Hustle may periodically make updates to the Service. Disruptions to the Service are rare but may occur. Hustle reserves the right to terminate the Service at its sole discretion that may prevent you from accessing any Content made available through or on the Service. We reserve the right to block access to any Content and to terminate your access to the Service at any time, with or without cause, with or without notice, effective immediately.
DISCLAIMER OF WARRANTIES
You use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Hustle and its Officers, Directors and Agents expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Hustle does not guarantee the accuracy, completeness, or usefulness of the Service, and you rely on the Service at your own risk. Any material transmitted or stored through the use of the Service is done at your discretion and risk and you will be solely responsible for any damage or less of data that results from the transmission of any material through the Service. No advice or information, whether oral or written, obtained by you from Hustle or through the Service will create any warranty not expressly stated in the Subscriber Terms. Some states may prohibit a disclaimer of warranties, and you may have other rights that vary from state to state.
LIMITATION OF LIABILITY
Neither Hustle nor our Directors, Officers, or Agents will be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Hustle has been advised of the possibility of these damages) resulting from your use if the service. Under no circumstances will Hustle’s total liability of all kinds arising out of or related to these subscriber terms (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the greater of the total amount paid by you to Hustle for the service or $500. The limitations set forth in these subscriber terms apply even if any limited remedy under these subscriber terms fails of its essential purpose. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation on consequential or incidental damages may or may not apply to you.
You agree to indemnify and hold harmless Hustle, its contractors, agents and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of these Subscriber Terms, or your breach of any representation or warranty contained in these Subscriber Terms.
DISPUTE RESOLUTION AND ARBITRATION
This Agreement shall bind and inure to the benefit of the parties hereto and their successors and assigns. This Agreement shall be governed by the laws of British Columbia, Canada, without reference to conflict of laws principles. This document contains the entire agreement between the parties with respect to the subject matter hereof. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision hereof. This Agreement may not be amended, nor any obligation waived, except by a writing signed by both parties hereto. Any and all disputes arising under or related to this Agreement shall be adjudicated exclusively in British Columbia, Canada.
NO CLASS ACTIONS
You agree that disputes between you and us shall be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. You are giving up your right to participate in a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in the Dispute Resolution and Arbitration Section will be null and void. This arbitration agreement described herein, however, will survive the termination of your relationship with us.
We will not be liable to you for any delay or failure to perform any obligation under these Subscriber Terms if the delay or failure is due to circumstances beyond our reasonable control.
You authorize us to send you notices relating to these Subscriber Terms (e.g. notices of modifications, breach and/or suspension and regarding our Service) via a text message to the mobile number used by you when accessing the Service. Notices that we send to you will be deemed effective upon our sending of the message. Notices sent to us under these Subscriber Terms shall be sent to the attention of our legal counsel with respect to any legal matters at: Hustle, Inc. 57 Post Street, Suite 514, San Francisco, CA 94104 or [email protected]
GOVERNING LAW AND JURISDICTION
Except as otherwise set forth in the Dispute Resolution and Arbitration sections, these Subscriber Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Without limiting the preceding language in the Dispute Resolution and Arbitration section above you agree to submit to the jurisdiction and venue of the state and United States Federal courts in San Francisco, California for the purposes of these Subscriber Terms. You agree that any cause of action arising out of or related to the Service or us must commence within one (1) year after the cause of action accrues, otherwise such clause of action is permanently barred.
These Subscriber Terms constitute the entire terms between Hustle and you concerning your use and access of our Service, and may only be modified by a written amendment signed by an authorized executive of Hustle, or by the posting by Hustle of a revised version on our website. You agree that any notice, terms, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing or otherwise be authorized. There are no third party beneficiaries to these Subscriber Terms. Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. If any provision of these Subscriber Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the other provisions of the Subscriber Terms that shall remain in full force and effect.
PRICES NOT LISTED IN ORDER FORM
For any Hustle related services not outlined in the order form the following rates will apply.
|2018 Pricing (CAD)|
|Per outbound message||$0.15|
|per outbound voice call||$0.20|
|Per outbound MMS||$0.30|
|Per Contact per Month unlimited SMS & Call||$0.23|
|Per Contact per Month unlimited SMS & Call (12 month)||$0.21|
|2018 Pricing (USD)|
|Per outbound message||$0.12|
|per outbound voice call||$0.20|
|Per outbound MMS||$0.30|
|Per Contact per Month unlimited SMS & Call||$0.18|
|Per Contact per Month unlimited SMS & Call (12 month)||$0.18|
|2018 Pricing (AUD)|
Payment will be due monthly.
Last revised: March 5th, 2018