Last Updated: [20.08.2024]
These Terms of Service (“Terms”) govern your access to and use of [adsapex] (“we,” “our,” or “us”) website [www.adsapex.com] and services (“Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.
1. Acceptance of Terms
By accessing or using any part of our website or Services, you agree to comply with and be bound by these Terms, including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
2. Eligibility
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and that you have the legal capacity to enter into a binding contract with us.
3. Use of Services
3.1 License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal or internal business purposes, subject to these Terms.
3.2 Restrictions: You agree not to:
• Use the Services for any unlawful purpose or in violation of any local, state, national, or international law;
• Reverse engineer, decompile, or attempt to extract the source code of our Services;
• Use any automated system, including “robots,” “spiders,” or “offline readers,” to access the Services;
• Attempt to gain unauthorized access to any portion of our Services, networks, or systems;
• Use the Services to transmit, distribute, or store material that is defamatory, harmful, fraudulent, infringing, or otherwise objectionable.
4. Fulfillment Policy
4.1 Overview:
Thank you for choosing our paid advertising services. We are committed to providing professional and effective campaign management and media buying to help scale your business. This Fulfillment Policy outlines the terms and conditions under which our services are provided, including payment terms, service scope, and limitations.
4.2 Service Description:
We offer comprehensive advertising management services, including:
• Campaign Management: We will manage your advertising campaigns on agreed platforms, utilizing our expertise to optimize and scale your business.
• Media Buying: We will handle the purchase of advertising space on your behalf, strategically allocating your budget to maximize return on investment.
4.3 Payment Terms:
Our services are provided under the following payment structure:
• Monthly Retainer: A fixed monthly fee is charged for our services, which covers the management and optimization of your campaigns.
• Spend Share: A percentage share of the agreed ad spend may be charged, reflecting the cost of media buying and related services.
• Revenue/Profit Share: In some cases, a percentage of the revenue or profit generated from the campaigns we manage may be agreed upon.
All payments are due as per the terms outlined in your service agreement. Invoices will be issued monthly, and payments must be made within the specified period to ensure continuous service.
4.4 No Guarantee of Results:
While we strive to achieve the best possible outcomes for your campaigns, we do not guarantee specific results. Advertising outcomes can vary based on numerous factors beyond our control, including market conditions, consumer behavior, and the competitiveness of the industry. Our role is to provide expert management and strategic guidance, but the inherent uncertainty of advertising means results cannot be guaranteed.
4.5 Service Modifications:
We reserve the right to adjust our service offering as necessary to align with your business goals and the changing digital landscape. Any significant changes will be communicated in advance, and any adjustments to fees or terms will be discussed and agreed upon prior to implementation.
4.6 Cancellation and Refund Policy:
• Cancellation: You may cancel our services at any time with written notice, as per the terms outlined in your service agreement. Any outstanding payments for services rendered up to the cancellation date will still be due.
• Refunds: Due to the nature of our services, we do not offer refunds on payments already made. Each service period is considered final and non-refundable.
4.7 Limitation of Liability:
Our liability for any claims related to our services is limited to the fees paid by you for the services in the preceding three months. We shall not be liable for any indirect, incidental, or consequential damages arising from our services, including but not limited to loss of revenue, profits, or data.
5. Client Responsibilities
5.1 Accurate Information: You agree to provide true, accurate, current, and complete information about yourself as prompted by our registration forms or other forms provided to you.
5.2 Compliance: You are solely responsible for complying with all laws, rules, and regulations applicable to your use of our Services. This includes ensuring that your marketing activities comply with applicable advertising, privacy, and intellectual property laws.
5.3 Cooperation: You agree to cooperate fully with us in the event we need to investigate or remedy any breaches of these Terms or unauthorized uses of the Services.
6. Intellectual Property
6.1 Ownership: All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the property of [Your Marketing Agency Name] or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
6.2 Trademarks: [Your Marketing Agency Name] and all related names, logos, product and service names, designs, and slogans are trademarks of [Your Marketing Agency Name] or its affiliates or licensors. You may not use such marks without our prior written permission.
7. Termination
7.1 Termination by Us: We reserve the right, in our sole discretion, to terminate your access to all or part of the Services at any time, with or without notice, for any reason, including but not limited to a breach of these Terms.
7.2 Termination by You: You may terminate these Terms by ceasing all use of the Services and notifying us at [Your Email Address].
7.3 Effect of Termination: Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
8. Disclaimers
8.1 No Warranties: The Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free.
8.2 Third-Party Content: We do not control, endorse, or assume responsibility for any third-party content that may be available on the Services. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with third-party content.
9. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall [Your Marketing Agency Name], its affiliates, directors, employees, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Services; or (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party.
10. Indemnification
You agree to indemnify, defend, and hold harmless [Your Marketing Agency Name] and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that they may incur as a result of or arising from your (i) violation of these Terms; (ii) use of the Services; or (iii) violation of any rights of another.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Berlin / Germany], without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in [Berlin /Germany] for any actions arising out of these Terms.
12. Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
13. Entire Agreement
These Terms, together with any other legal notices and agreements published by us on the Services, constitute the entire agreement between you and [adsapex] regarding the Services. Any modifications to these Terms must be made in writing and signed by both parties.
14. Contact Information
admin@adsapex.com
If you have any questions about these Terms, please contact us at:
Adsapex
Brentanoweg 11
14469 Potsdam
Germany