Terms & Conditions
2. All new contract clients must pay for at least 50% deposit of quote in advance at signing with remaining 50% balance due prior to start of services or first draft is presented. One month’s services in paid in full prior to worked commenced is required.
3. An interest charge of 5% per month will be added to accounts not paid within thirty (30) days of billing date.
4. All advertising must be paid in advance.
5. This agreement cannot be invalidated or cancelled by Client for wrong insertions or omissions by Agency.
6. Limitation of Liability. Agency shall not be responsible for typographical errors. However, in its sole discretion, Agency may reduce the charge for such portion of an advertisement as may have been rendered useless by such typographical error. Agency assumes no responsibility for more than one insertion error in any Product advertisement. Client agrees that in the event Agency fails to publish any advertisement, or makes any error in the publication of any advertisement, or otherwise breaches this Agreement or as a result of any other claims or causes of action, Client’s sole remedy and Agency’s total liability is limited to refunding the cost of the advertisement in question to the extent applicable. Client waives the right to collect any and all other damages, including, but not limited to direct, indirect, incidental, consequential, lost profits damages, or any other damages, regardless of the source of such damages.
7. The rates agreed to in the agreement between Client and Cayseas, LLC shall apply only if Client fully performs this agreement according to its terms. If Client cancels this agreement for any reason other than a rate increase as provided for in paragraph 11 hereof, Client shall pay for either (a) all advertising from the date of this agreement to date of cancellation at the current Open Rate per line, or (b) the outstanding balance due for all advertising contracted for, whichever amount is greater.
8. Any bills rendered to Client by Agency shall be conclusively correct and shall constitute an account stated, unless a specific, written objection is made thereto by Client within thirty (30) days from the date of billing.
9. Agency reserves the right to cancel this agreement at any time without notice if Client fails to pay any bill within thirty (30) days of submission thereof or commits any other breach of this commitment. In the event of such cancellation, Client agrees to pay (a) all advertising from the date of this agreement to date of cancellation at the current Open Rate per line, and (b) all costs of collection, including without limitation reasonable attorney’s fees for the collection of monies due from Client and in enforcing Agency’s rights under this agreement, whether or not a lawsuit is instituted.
10. Client represents to Agency that none of the advertising copy submitted by it to Agency shall give rise to a claim by a third party for fraud, misrepresentation, defamation, trade disparagement, invasion of privacy or infringement of any copyright, trademark or trade name (hereinafter “Third Party Claims”). Client also agrees to defend, reimburse, pay, indemnify and save and hold Agency and its agents and assigns harmless from any liability, loss, damages, judgment or claim or any and all costs and expenses (including without limitation attorney’s fees and costs) incurred by them in connection with any action suit, claim or proceeding in whatever nature threatened or brought against them arising from any advertisement published by Agency for Client pursuant to this agreement, including without limitation any Third Party Claims.
11. Client warrants and represents to Agency that any advertisement submitted to Agency shall be for products or services that are legal in the jurisdiction in which such advertisement is published. Client represents and warrants that it has the legal authority to sell the product or service intended and warrants and that it has and will comply with applicable law. Client agrees to hold Agency harmless and to indemnify Agency from any costs or expenses it incurs as a result of the breach of this representation and warranty.
12. Agency reserves the right to change the rates agreed to herein at any time, provided, however, that if Agency increases advertising rates during the term of this agreement to the Client, Client has the right to cancel this agreement, without short rate penalty charge, within five (5) days of the date on which higher rates applicable to Client are made effective by Agency.
13. If this agreement is signed by an advertising agent for Client, said agency represents and warrants that it is authorized to sign the agreement for its client involved. It is further understood and agreed that the Client benefiting from any advertising ordered by the agency is liable for payment therefore jointly and severally with the agency.
14. Client agrees that in the event new copy is not supplied before the deadline for next insertion, Agency has the right to insert the minimum rate holder.
15. If Online Advertising Materials are late, Client is still responsible for the media purchased pursuant to the Insertion Order, and the Media Company may run a Public Service Announcement (PSA) or house promotion as a replacement until the creative is received.
16. Canceled online campaigns will be subject to a fee of $250 in addition to payment for all impressions served or services performed.
17. Online campaigns priced under current published rate may be subject to pre-emption.
18. Client expressly invites and grants permission to Agency to transmit any advertisement or solicitation pertaining to Agency’s goods and services to Client by any means, including via email.
19. This agreement constitutes the entire agreement between the parties, and NO VERBAL agreements or representations changing or supplementing in any manner the Terms and Conditions hereof shall be deemed effective.
20. This agreement shall be governed by the laws of Arizona. Any dispute arising under this agreement may be resolved either in court, or by arbitration at Agency’s discretion.
For purposes of these Terms and Conditions of Marketing Services (these “Terms & Conditions of Services”), these terms shall have the following meanings: (i) “Client” means the end user purchasing and obtaining Marketing Services from Seller, (ii) “Client Data” means content or information to be accessed, used, or analyzed by Provider Parties while performing Marketing Services, including but not limited to Client web site and social media content (including, without limitation, content, photos, videos, recordings, links, and other items and materials), source code or technical configurations of online or mobile sites, online traffic analytics, marketing campaign goals or metrics, and personal data or online identifiers (e.g., IP addresses, email addresses, cookies) related to individuals who may be consumers or online visitors of Client sites (iii) “Seller” means the seller of Marketing Services to Client, (iv) “Marketing Services” means marketing agency services purchased by Client from Seller, which may include branding, web design, web development, web maintenance, web hosting, social media, local SEO, Organic SEO, paid media, email marketing and management, events, media buying, PR, consulting, or other marketing agency services, and (v) “Provider Parties” means Seller and its subcontractors, suppliers and service providers (and their respective subcontractors, suppliers and service providers) providing Marketing Services for or on behalf of Client.
These Terms and Conditions of Services are a binding contract. They contain important information regarding Client’s legal rights and obligations to use the Marketing Service(s). PLEASE REVIEW THESE TERMS AND CONDITIONS OF SERVICES CAREFULLY. Client is responsible for ensuring that Client’s use of the Marketing Service(s) complies with the terms, conditions, and policies set forth in, or otherwise incorporated into, or referenced in, these Terms and Conditions of Services. IF YOU FAIL TO COMPLY WITH THESE TERMS AND CONDITIONS OF SERVICES, THE PROVIDER PARTIES HAVE THE RIGHT TO TERMINATE THE MARKETING SERVICE(S) PROVIDED TO YOU AND TO TERMINATE THESE TERMS AND CONDITIONS OF SERVICES. If one or more of the Provider Parties takes this action, it (they) may do so immediately and without prior notice to Client.
Either party may cancel the Marketing Services for cause upon failure of the other party to observe or perform any of its duties or obligations pursuant to these Terms and Conditions of Services provided that written notice is provided to the breaching party by the other party describing the default in detail, with such termination becoming effective thirty (30) days after notice has been given to the breaching party if default is not cured by the breaching party. A party also has the right to terminate these Terms and Conditions of Services if the other party is adjudicated bankrupt and becomes insolvent or admits in writing its inability to pay its debts as they mature; or if the other party makes an assignment for the benefit of its creditors or applies for or consents to the appointment of a trustee or receiver; or any proceedings are instituted by or against the other party in respect of any bankruptcy, dissolution, reorganization of creditors or insolvency or other proceeding for the relief of the debtor and such proceedings are not dismissed within thirty (30) days after they have been instituted.
Client agrees that during the provision of Marketing Services under these Terms and Conditions of Services and for a period of one (1) year after the expiration or termination of these Terms and Conditions of Services, Client will not, except with prior written approval of Seller, directly or indirectly, individually or as part of or on behalf of any other person, company, employer or other entity, hire or attempt to solicit for hire any persons who have been or are employed by the Seller or its affiliates.
Unless Client expressly declines (opts out), Client hereby grants to Provider Parties a worldwide, non-exclusive, non-transferable, fully paid license to display Client’s name, trademarks, and logos for the sole purpose of identifying Client as a customer and promoting Provider Parties’ services.
Upon termination of these Terms and Conditions of Services, content, assets, and account access transition will be determined based upon the services delivered and term completion status per the following:argets.
If Marketing Services are obtained on behalf of Client by an advertising agent for Client, said agency represents and warrants that it is authorized to sign enter into these Terms and Conditions of Services on behalf of its client. It is further understood and agreed that agency is jointly and severally liable for Client’s obligations, including payment.
Open Rate Pricing
SEO (Search Engine Optimization)