1. IDENTIFICATION OF THE PARTIES
In this Agreement, "BeLocal Marketing" means “The Company”, or “Provider” of the eMarketing Services, and “You” or "Customer" means the Party purchasing the services and participating in the eMarketing Program.
This Agreement is made between You the Customer and BeLocal Marketing hereby referred to as (“The Company") with a principal place of business at 104 Franklin Ave Suite 294, spartanburg, South carolina, 29301, USA.
2. PURPOSE OF AGREEMENT
This agreement is aimed at specifying the terms and conditions, according to which the ongoing Internet marketing project which is undertaken shall be considered, closed and completed in entirety by both parties. Customer understands that this agreement is being implemented to ensure satisfaction for Customers expected results and close out this project with mutual consent. The Company is ready, willing and able to undertake the Internet marketing of the Website and agrees to do so under the terms and conditions set forth in this Agreement.
3. PROJECT SCOPE
As outlined and acknowledged by clicking the “I have read and understand” on the website online pricing matrix offering internet marketing packages in SEO, PPC, SMO found at http://diginet.netsmartz.us. The online pricing matrix details the listed deliverables depending upon the purchased service offering.
4. PAYMENT: The Company shall process the ecommerce fees as outlined for the selected service, to the Customers provided electronic payment method om a recurring monthly basis, collecting all payments by either the 1st or the 15th of each month depending on when the campaign started. The 1st and the 15th of each month are the only campaign starting dates and the Customer will be billed the following 1st or the 15th accordingly. All invoices will be sent out 5 days before the payment due date. If the monthly payment in full is not Collected or received by the due date then the campaign shall be placed on hold and no work will be done until payment is received.
Because emarketing services are time dependent and also momentum driven, a time gap in services can be substantially detrimental to a marketing campaign. Our campaigns are highly organized and structured; a lapse of more than 5 days will throw the campaign off and make the rest of the current monthly cycle unmanageable to complete by the end of the original cycle. Due to this, if a campaign payment is more than 5 days past due, the campaign will be moved forward to the next billing cycle and marketing work cycle. This means that if a payment is due on the 1st and the payment is received on the 6th, then the campaign will resume work on the 15th because that is the next work cycle. From then on the campaigns billing would be on the 15th-15th monthly cycle and vice versa for a campaign being billed on the 15th and payment was received 6 days late.
As stated above, in the instance of a payment being received more than 5 days late, this will create a 2 week time lapse without work being performed on the campaign. This 2 week lapse in work can significantly damper marketing efforts and therefore would void any guarantee.
5. INDEMNIFICATION: The Customer agrees to indemnify and hold harmless The Company and its employees from any and all claims, damages, losses, and expenses arising out of any project and any possible subsequent contract. This indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable for or by the Client.
6. COPYRIGHTS OF CREATIVE ASSETS (IMAGES, VIDEOS, and VOICEOVERS): During the course of this contract, Customer may provide certain creative assets such as images, videos, voiceovers, to name a few, to be utilized in the project. Customer takes full responsibility for obtaining appropriate copyrights and or legal permission for all these creative assets provided to Developer. In no way would The Company be responsible for attaining copyrights of these creative assets, nor be responsible for verification of the copyrights of these assets, or be liable for any infringements or lawsuits derived due to these assets provided by Customer. However, for all assets used by The Company that have not been provided by the customer, Developer would ensure that those assets can be used legally in the project.
Developer uses copyright images and assets to complete the final product for the customer, these images and assets are not for resale by the Customer. In the event of any circumstances arising that require resale of these images or assets, please contact developer and developer shall provide customer the details of the owner of the images to obtain the necessary copyright for resale or any reproduction for sale.
7. TERMINATION OF AGREEMENT: Each party shall have the right to terminate this Agreement by written notice to the other if a party has materially breached any obligation herein and such breach remains uncured for a period of 30 days after written notice of such breach is sent to the other party.
This Agreement may be terminated by Customer for its convenience upon thirty 30 days prior written notice to Developer. Upon such termination, all amounts owed to Developer under this Agreement for accepted work shall immediately become due and payable.
8. EXCLUSIVE REMEDY AND LIMITATION ON LIABILITY: For any breach of The Company warranty set forth herein, customers exclusive remedy, and The Company entire liability, shall be the re-performance of the services. If The Company is unable to re-perform the services as warranted, customer shall be entitled to recover the fees paid to The Company for the deficient services.
In no event shall The Company be liable for any indirect, incidental, or consequential damages arising out of or otherwise relating to the services, however caused, even if The Company has been advised of the possibility or likelihood of such damages. In no event shall The Company liability for damages under this agreement exceed the amount of fees paid to The Company hereunder.
9. GENERAL PROVISIONS:
(a) Complete Agreement. This Agreement is the sole and entire Agreement between the parties. This Agreement supersedes all prior understandings, agreements and documentation relating to such subject matter. In the event of a conflict between the provisions of the main body of the Agreement and any attached exhibits (if any), appendices or other materials, the Agreement shall take precedence.
(b) Modifications to Agreement. Modifications and amendments to this Agreement, including any exhibit or appendix hereto, shall be enforceable only if they are in writing and are signed by authorized representatives of both parties.
(c) Applicable Law. The laws of the State of New York will govern this Agreement.
10. SIGNATURES: Each party represents and warrants that on this date they are duly authorized to bind their respective principals to this contract by clicking the “I have read and agree” Click wrap agreement or using our website you agree to compensate BeLocal Marketing as outlined in return for the services selected and further you agree that you are legally bound by these terms, which shall take effect immediately on your first use of our website. If you do not agree to be legally bound by all the following terms please do not access and/or use our website.
We may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by us. Your continued use of our website after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
Website Terms and Conditions:
Terms and Conditions
1. Use of Web Site Information
You may download, view, copy, and print documents and graphics incorporated in these documents (the “Documents”) from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any information from this Web site in whole or in part without the express authorization of BeLocal Marketing.
2. Third Party Web Sites, Content, Products, and Services
In the event of the Site providing links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates, and sponsors of the Site. You agree that BeLocal Marketing is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that BeLocal Marketing is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that BeLocal Marketing is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that BeLocal Marketing is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BeLocal Marketing, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BeLocal Marketing MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. BeLocal Marketing SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. BeLocal Marketing RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
4. Limitation of Liability
IN NO EVENT SHALL BeLocal Marketing BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless BeLocal Marketing, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site.
6. Note About Children
Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.
7. Export Restrictions / Legal Compliance
You may not access, download, use, or export the Site or the content, software, products, or services provided on the Site in violation of India export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of BeLocal Marketing in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture, or production of nuclear, chemical, or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of BeLocal Marketing outside the India, Neither the services of BeLocal Marketing nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represents and warrants that you are not located in, under the control of, or a national or resident of any such country or on any such list.
8. Copyright Information
At BeLocal Marketing, your privacy is our privacy. Any information BeLocal Marketing gathers is for the sole purpose of meeting the needs of our customers. At no time will BeLocal Marketing use, sell, or publish any information without the permission of the users of our site. This agreement is extended from random site viewers to clients to shareholders.
If the occasion arises that you should want/need to send information about yourself or BeLocal Marketing, BeLocal Marketing will offer a simple way to submit such information and a place to store it securely. BeLocal Marketing strictly protects the security of your personal/company information and honors your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. If at any time you wish to have your information deleted from our own records, feel free to contact us.
Effective Date: This Refund Policy was last updated on Feb 01, 2013.
As a merchant, we provide both products (goods) and services (information) to our customers. The nature of our products and services is purely informational as compared to tangible goods that can be returned for a refund. This is why once a service has commenced, the refunds are not possible. We provide the absolute best services in the industry and we are always willing to work with our customers for the best possible outcome of every project. The no-refund policy is simply because of the nature of our work.
ALL SALES ARE FINAL: No grace period provided for refunds per signed Project Agreement.