Sunrise Marketing Terms & Conditions
Effective Date: July 1, 2026
1. Overview
These Terms & Conditions govern the products and services provided by Sunrise Marketing, including but not limited to mobile applications, websites, hosting services, email marketing, AI-powered services, loyalty and rewards programs, digital marketing services, printing, signage, gift cards, e-commerce services, consulting, and related products.
By purchasing or using Sunrise Marketing products or services, the customer agrees to these Terms & Conditions.
2. Our Commitment
Sunrise Marketing is committed to building long-term partnerships with independent garden centers and related businesses by providing practical technology solutions, marketing expertise, responsive support, and innovative tools that help our customers grow and remain competitive.
3. Pricing and Fees
All pricing is subject to change upon reasonable notice.
Sunrise Marketing periodically reviews pricing to reflect changes in technology, labor, vendor costs, platform enhancements, software licensing, and market conditions.
Updated pricing will apply to future orders, renewals, and billing cycles effective on the date specified in the pricing notice.
Quotes are valid for thirty (30) days unless otherwise stated.
4. Subscription and Recurring Services
Services billed on a recurring basis, including but not limited to mobile applications, website hosting, email marketing programs, AI services, digital marketing services, e-commerce management, and consulting retainers, will automatically renew unless canceled in accordance with these Terms.
Recurring charges remain the responsibility of the customer until services are formally canceled.
Sunrise Marketing reserves the right to modify service offerings, features, and functionality as products evolve and improve.
5. Payment Terms
Invoices are due according to the payment terms listed on the invoice.
Accounts with overdue balances may be subject to late fees, service restrictions, or suspension of services.
Sunrise Marketing reserves the right to suspend hosting, websites, mobile applications, newsletters, AI services, email marketing, support services, and other recurring services for accounts that are more than thirty (30) days past due.
Customers remain responsible for all outstanding balances regardless of service suspension.
6. Customer Content and Intellectual Property
Customers retain ownership of logos, trademarks, photographs, product information, customer lists, business content, and other materials supplied to Sunrise Marketing.
Customers represent that they have the legal right to use all materials provided and agree to indemnify Sunrise Marketing against claims arising from unauthorized use of third-party content.
Upon payment in full, customers own the final deliverables specifically created for them, including approved website content, graphics, advertisements, signage, and marketing materials.
Sunrise Marketing retains ownership of all proprietary software, mobile application platforms, AI systems, templates, workflows, databases, source code, system architecture, processes, and other intellectual property used to deliver services.
7. Website, Hosting, and Digital Services
Sunrise Marketing will use commercially reasonable efforts to maintain reliable website hosting, mobile applications, and digital services.
However, uninterrupted service cannot be guaranteed.
Customers acknowledge that outages, maintenance windows, software failures, internet disruptions, cybersecurity incidents, third-party service interruptions, and force majeure events may affect service availability.
Sunrise Marketing is not liable for losses resulting from temporary service interruptions.
8. Data Ownership, Privacy, and Backups
Customers retain ownership of customer data collected through their websites, mobile applications, loyalty programs, and related services.
Sunrise Marketing may access customer data solely for the purpose of operating, maintaining, supporting, and improving services provided to the customer.
Sunrise Marketing will not sell customer data to third parties.
While reasonable backup procedures are maintained, customers are encouraged to retain independent copies of critical business data.
Sunrise Marketing is not responsible for data loss resulting from customer actions, third-party failures, cyber incidents, software malfunctions, or circumstances beyond its reasonable control.
9. AI and Intelligent Assistant Services
Sunrise Marketing may provide AI-powered tools, assistants, content generation services, market research tools, and other automated technologies.
AI-generated content is provided for informational and operational purposes only.
Customers acknowledge that AI-generated responses may contain inaccuracies, omissions, outdated information, or unintended results.
Customers are solely responsible for reviewing and validating AI-generated information before relying upon it for business, legal, financial, horticultural, operational, or customer-facing purposes.
Sunrise Marketing makes no warranty regarding the accuracy or completeness of AI-generated content.
10. Third-Party Platforms and Services
Many Sunrise Marketing services rely on third-party providers, including but not limited to Google, Apple, Meta, WordPress, WooCommerce, payment processors, hosting providers, software vendors, AI providers, and telecommunications providers.
Sunrise Marketing is not responsible for changes in pricing, policies, functionality, service availability, account restrictions, platform suspensions, or other actions taken by third-party providers.
Customers remain responsible for complying with the terms and policies of any third-party services connected to their account.
11. Support Services
Standard support includes reasonable assistance related to services provided by Sunrise Marketing.
Requests involving extensive content entry, major redesigns, custom programming, advanced integrations, AI customization, emergency services, or projects outside the original scope may require additional fees.
Sunrise Marketing reserves the right to determine whether a request falls within standard support or constitutes additional billable work.
12. Print Production, Signage, and Gift Cards
Customers are responsible for reviewing and approving all proofs prior to production.
Sunrise Marketing is not responsible for typographical errors, design issues, omissions, or other mistakes contained in customer-approved proofs.
Production schedules and delivery dates are estimates and may be affected by vendor availability, shipping delays, weather conditions, labor disruptions, or other circumstances beyond Sunrise Marketing’s control.
13. Cancellation and Termination
Either party may terminate recurring services with thirty (30) days written notice unless otherwise specified in a separate agreement.
Outstanding balances remain due upon termination.
Sunrise Marketing reserves the right to immediately suspend or terminate services in cases of nonpayment, unlawful activity, misuse of services, violation of these Terms, or behavior that materially interferes with business operations.
14. Service Transition Upon Termination
Upon termination of services:
- Customers retain ownership of their business content and customer data.
- Domain names registered in the customer’s name remain the property of the customer.
- Website files and content may be transferred upon request, subject to any applicable fees and technical limitations.
- Access to Sunrise Marketing proprietary platforms, applications, software, and hosted services will terminate.
- Data export requests must be submitted within sixty (60) days following service termination.
- Sunrise Marketing is not responsible for service interruptions, data loss, or performance issues occurring after a transfer to another provider.
15. Limitation of Liability
To the fullest extent permitted by law, Sunrise Marketing shall not be liable for indirect, incidental, consequential, special, punitive, or lost-profit damages arising from the use of its products or services.
Sunrise Marketing’s total liability for any claim shall not exceed the total amount paid by the customer for the specific service giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim.
16. Force Majeure
Sunrise Marketing shall not be liable for delays or failures resulting from causes beyond its reasonable control, including natural disasters, severe weather, government actions, labor disputes, internet outages, cybersecurity incidents, vendor failures, utility interruptions, acts of war, pandemics, or other unforeseen events.
17. Changes to These Terms
Sunrise Marketing reserves the right to modify these Terms & Conditions from time to time.
Updated versions will be posted on the company’s website and become effective on the stated effective date.
Continued use of Sunrise Marketing services following an update constitutes acceptance of the revised Terms.
18. Governing Law
These Terms & Conditions shall be governed by and interpreted under the laws of the State of Connecticut, without regard to conflict of law principles.
19. Contact Information
Sunrise Marketing
Questions regarding these Terms & Conditions may be directed to Sunrise Marketing through the contact information listed on our website.