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Terms and Conditions for Digital Marketing Compass Landing Page, Website and Email Design Development and Social Media Set-up, Strategy and Training Services.

  1. Fees and Deposits

2.  Terms and Conditions for Digital Marketing Compass Monthly Service Fees

3.  Client acknowledges the following with obligation for Digital Marketing Compass to perform PPC services:

Client Shall;

(a)      provide in a timely manner such Documents, information (in particular details of any previous or existing pay per click campaigns), passwords codes and  materials as Digital Marketing Compass may reasonably require in order to supply the  Services (Input Material);

(b)      provide Digital Marketing Compass with such administrator rights to any Third Party Resources as are necessary for Digital Marketing Compass to supply the Services;

(c)       obtain  and  maintain  all  necessary  licenses,  permissions  and  consents which may be required before the date on which the  Services are to start and  provide Digital Marketing Compass with evidence of such license,  permission or consent when requested by the Digital Marketing Compass; and

(d)       be responsible for the fees of any Third Party Resources and shall maintain such adequate funds in any third party accounts  as are required to maintain inclusion in such resources and to allow the Digital Marketing Compass to provide the Services without interruption.

  1. Client acknowledges the following with respect to SEO services:
  1. Client acknowledges the following with respect to Social Media Marketing services:
  1. Materials
  1. Variations
  1. Project Delays and Client Liability

Any time frames or estimates that Digital Marketing Compass gives are contingent upon the Client’s full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from the Client’s side and be made available on a daily basis in order to expedite the feedback process.

  1. Approval of Work

On completion of the work the Client will be notified and have the opportunity to review it. Client must notify Digital Marketing Compass in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to Digital Marketing Compass as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the service will be deemed to have been completed and the 50% balance of the project price will become due for any design and development costs (including but not limited to website and landing pages, email templates and social media platform set-ups).

  1. Rejected Work

If the Client rejects any of Digital Marketing Compass’s work within the 7-day review period, or not approve subsequent work performed by them to remedy any points recorded as being unsatisfactory, and Digital Marketing Compass, acting reasonably, considers that the Client has been unreasonable in any rejection of the work, Digital Marketing Compass can elect to treat the service as complete and take measures to recover payment for the completed work.

  1. Client Defaults

If Digital Marketing Compass performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation (Client Default):

(a)      Digital Marketing Compass shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays Digital Marketing Compass performance of any of its obligations;

(b)      Digital Marketing Compass shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from Digital Marketing Compass failure or delay to perform any of its obligations as set out in this clause 4. For the avoidance of doubt, the Client shall continue to be liable for the Monthly Charge during any period that Digital Marketing Compass suspends performance of the Services; and

(c)      The Client shall reimburse Digital Marketing Compass on written demand for any costs or losses sustained or incurred by Digital Marketing Compass arising directly or indirectly from the Client Default.

  1. Digital Marketing Compass Policy

Although we won’t divulge details about clients to other clients, potential or existing, we ask that you allow us to mention you in our Cases webpage. For SEO Services, this will include a link to your page that we got onto Google’s first page and the phrase that it’s found with.

  1. Amendments to the Service Agreement- additional services not listed herein (social media selling, LinkedIn Media Buy, Facebook and Twitter Ads, Website Optimization, etc.) will be provided based on an estimate provided by Digital Marketing Compass.
  2. If the Client wishes to change the scope or execution of the Services, it shall submit details of the requested change to Digital Marketing Compass in writing.
  3. If the Client requests a change to the scope or execution of the Services.Digtial Marketing Compass, within a reasonable time, provides a written estimate to the client of:  If the Client requests a change to the scope or execution of the Services
    • the likely time required to implement the change;
    • any necessary variations to the Service Fees arising from the change; and
    • any other impact of the change on this agreement.
  4. If the Client wishes Digital Marketing Compass to proceed with the change, Digital Marketing Compass has no obligation to do so unless and until the parties have agreed on the necessary variations to the Service Fees and any other relevant terms of this agreement to take account of the change it may have on the current agreement.
  5. Permission for Use of Any Elements

The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Digital Marketing Compass for inclusion on social media platforms, landing pages and/or website are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Digital Marketing Compass and its subcontractors from any liability or suit arising from the use of such elements.

  1. Disclaimer of all Warranties.

Digital Marketing Compass does not warrant that any of their services will meet the Customer’s expectations or requirements.  The entire risk as to the quality and performance is with the customer, except as otherwise specified in the agreement.  Digital Marketing Compass provides services “as is” and without warranty of any kind.  The parties agree that (A) the limited warranties set forth in this section are the sole and exclusive warranties provided by each party, and (B) each party disclaim all other warranties express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, relating to this agreement, performance or inability to perform under this agreement, the content, and each party’s computing and distribution system.  If any provisions of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions.

  1. Limited Liability.

In no event shall company be liable to customer for any indirect, special, exemplary or consequential damages, including any implied warranty or merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance, lost profits, whether or not foreseeable or alleged to be based on breach of warranty, contract, negligence or strict liability, arising under this agreement, loss of data or any performance under this agreement, even if such party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy provided herein.  There shall be no refunds. Digital Marketing Compass makes no warranty of any kind, whether express or implied, with regard to any third party products, third party content or any software, equipment, or hardware obtained from third parties.

Digital Marketing Compass is a division of Digital Text Marketing, Inc.  All payments are payable to Digital Text Marketing and agreements are provisions under Digital Text Marketing, Inc.