Terms of Service

These terms govern your use of PKL Media's services and website. Please read them carefully before engaging our services.

Last Updated: January 5, 2024

Acceptance of Terms

By accessing our website, requesting our services, or entering into a service agreement with PKL Media ("Company," "we," or "us"), you ("Client" or "you") agree to be bound by these Terms of Service.

Important Notice

These terms constitute a legally binding agreement. If you do not agree to these terms, please do not use our services or website.

Service Description

PKL Media provides spatial intelligence advertising services, including:

Core Services

  • Ground graphics design and installation
  • Digital display systems
  • Site assessment and consultation
  • Advertiser acquisition and management
  • Campaign performance analytics
  • Ongoing maintenance and support

Service Standards

  • Professional installation by certified technicians
  • High-quality materials and equipment
  • Compliance with local regulations
  • Regular maintenance and updates
  • Performance reporting and optimization

Payment Terms

Revenue Sharing Model

  • Standard Split: 50% to property owner, 50% to PKL Media
  • Payment Schedule: Monthly payments within 30 days of month-end
  • Revenue Targets: Performance goals as specified in individual service agreements
  • Performance Bonuses: Additional revenue sharing for exceptional performance

Upfront Investment Model

  • Payment Terms: 50% deposit, 50% upon completion
  • Accepted Methods: Check, bank transfer, credit card
  • Late Payments: 1.5% monthly interest on overdue amounts
  • Refund Policy: Pro-rated refunds for cancellations before installation

Additional Costs

Client is responsible for:

  • Permit fees and regulatory approvals
  • Site preparation beyond normal scope
  • Electrical work if not included in agreement
  • Damage repairs not covered by insurance

Client Obligations

Property Access

  • Provide safe, legal access to installation areas
  • Ensure compliance with lease agreements
  • Obtain necessary landlord approvals
  • Maintain accessible pathways during service

Legal Compliance

  • Ensure legal authority to install advertising
  • Comply with local zoning regulations
  • Maintain required insurance coverage
  • Provide accurate property information

Warranty Disclaimer

Client warrants they have legal authority to authorize advertising installations and that the property complies with all applicable laws and regulations.

Intellectual Property

PKL Media Rights

  • Proprietary technology and software
  • Custom design concepts and templates
  • Analytics platforms and methodologies
  • Trade secrets and business processes

Client Rights

  • Property branding and logos
  • Existing advertising content
  • Property-specific customizations
  • Performance data and reports

Usage Rights

PKL Media grants clients a non-exclusive license to use our proprietary materials solely in connection with services provided. Clients grant us the right to use property images and success metrics for marketing purposes.

Limitation of Liability

Important Limitation

PKL Media's total liability for any claims arising from our services shall not exceed the total amount paid by the client in the 12 months preceding the claim.

We Are Not Liable For:

  • Acts of nature, vandalism, or third-party damage
  • Changes in local regulations affecting installations
  • Property owner violations of agreements
  • Advertiser payment defaults or cancellations
  • Market conditions affecting advertising demand
  • Consequential, incidental, or punitive damages

Insurance Coverage

PKL Media maintains comprehensive general liability insurance ($2M coverage) and professional liability insurance. Clients are encouraged to maintain their own property insurance.

Termination

Termination Rights

  • Mutual Agreement: Either party with 30-day notice
  • Breach: Immediate termination for material breach
  • Convenience: Client may terminate with 60-day notice
  • Non-payment: PKL Media may terminate for payment default

Upon Termination

  • All outstanding payments become due
  • PKL Media aims to remove installations when requested (timeline may vary)
  • Confidential information must be returned
  • Revenue sharing continues through final payment

Early Termination

Termination before the minimum contract period may result in early termination fees to cover installation costs and lost revenue projections.

Governing Law & Disputes

Jurisdiction

These terms are governed by the laws of South Africa. Primary disputes will be resolved in the courts of Johannesburg, South Africa. Regional disputes may be handled in the jurisdiction where services are provided (Canada, Kenya, or USA).

Dispute Resolution

  1. Good Faith Negotiation: 30-day period for direct resolution
  2. Mediation: Binding mediation through agreed mediator
  3. Arbitration: Final resolution through arbitration if mediation fails
  4. Court Action: Only for injunctive relief or IP violations

Severability

If any provision of these terms is found unenforceable, the remaining provisions will continue in full force and effect.

Contact for Legal Matters

Legal Department

Email: jhbads@pklmedia.com
Phone: +27 11 234 5678
Address: 15 Fredman Drive
Sandton, Johannesburg 2196, South Africa

Updates to Terms

We may update these terms periodically. Material changes will be communicated 30 days in advance. Continued use constitutes acceptance of updated terms.

Ready to Get Started?

Now that you understand our terms, let's discuss how we can transform your property into a sophisticated advertising environment through spatial intelligence technology.