NUMERIQUE360 ADVERTISING SERVICES TERMS AND CONDITIONS
NUMERIQUE360 CREATIVE SERVICES TERMS AND CONDITIONS
A: Numerique360 ADVERTISING SERVICES TERMS AND CONDITIONS
In the event Advertiser does not accept these Terms and Conditions within thirty (30) days of initial presentation of the Terms and Conditions to Advertiser by Numerique360, then the offer by Numerique360 to provide Advertising Services upon the pricing, terms, and conditions initially proposed shall be deemed withdrawn. Advertiser may thereafter again request Advertising Services, in response to which Numerique360 will present new pricing, terms, and conditions for Advertiser’s consideration.
In the event that Advertiser provides its contact information to Numerique360 and then either affirmatively rejects or has not within thirty (30) days accepted these Terms and Conditions, and as a result the Advertising Services are not provisioned, or following the expiration or cancellation of Advertising Services previously provided to Advertiser, Advertiser may continue to receive Marketing Messages from Numerique360. As above, if Advertiser does not wish to receive the Marketing Messages, it must opt out by sending an email containing Advertiser’s name and account number, with the subject line “Marketing Messages Opt-Out,” to info@Numerique360.COM.
Any requests to opt out pursuant to the terms of this section will require a reasonable amount of time for processing by Numerique360, and Advertiser may continue to receive messages during the processing period.
The following are the current “Advertising Services” offerings, which may change from time to time. For Advertiser, these Terms and Conditions will only apply to such of the Advertising Services as are actually requested and paid for by Advertiser, and provisioned by Numerique360:
Content Marketing : http://Numerique360.com/content-marketing/
Search Engine Optimization : http://Numerique360.com/search-optimization/
Paid Search : http://Numerique360.com/paid-search/
Social Media Marketing (presence) : http://Numerique360.com/social/
Social Media Promotions (coupons and sweepstakes) : http://Numerique360.com/social/
Reputation Management : http://Numerique360.com/orm
Each of the Advertising Services includes the marketing and advertising services and methods specifically described at the link above for such Advertising Service, and is subject to the limitations described at such link. The product/service terms and conditions described at each of the above links are specific only to the particular Advertising Service described, and not to any other Advertising Service which may be provided by Numerique360. For each of the Advertising Services actually obtained by Advertiser at any given time, the associated terms and conditions specific to such Advertising Service at the appropriate link above shall be deemed incorporated into and a part of these general Terms and Conditions.
Regardless of the Advertising Services being provided to Advertiser, Numerique360 will provide to Advertiser an Account Information Page which may be accessed by Advertiser at any time to determine the status of Advertiser’s account and the services provided by Numerique360. Advertiser may at any time determine what Advertising Services are currently being provided by Numerique360 by requesting via phone, chat or email. Advertiser should understand that clicks to Advertiser’s site, including clicks on the search engines, shopping engines, content sites, etc. may include certain misspellings, singular/plural combinations, and other related search terms that Numerique360 maps to Advertiser’s advertising campaigns. However, misspellings are becoming less common with new auto complete search engine technology. All keyword campaigns will include key terms, titles, and descriptions selected specifically with the intent to optimize return on advertising spend.
Unless Advertiser has engaged Numerique360 to provide a small-scale website, Advertiser is responsible for the quality and accuracy of its own website and its landing page(s), or redirect websites that link to its advertisements.
Credit card to be automatically billed by Numerique360
Bank Cheque on the name on Over Stead Web Design LLC
Advertiser authorizes Numerique360, or Numerique360’s merchant services provider, to store Advertiser’s financial information for the purpose of facilitating payment to Numerique360. It is Advertiser’s responsibility to notify Numerique360, in writing, of any changes or updates to Advertiser’s financial information, and Advertiser is solely responsible for its failure to do so.
All fees must be paid in AED or USD. Advertiser is solely responsible for any applicable taxes.
All fees are due in accordance with the agreed upon fee schedule, or immediately upon Advertiser’s receipt of invoice, as applicable. Advertiser agrees that any setup fees or one-time services payments are nonrefundable.
In the event of a failure of the payment method authorized by Advertiser, and one or more payments are made later than the due date, such late payments are subject to a late fee equal to the greater of AED 500 or 10% of the total payment due, but not to exceed the maximum amount allowed by applicable law. In addition to late fees, Advertiser agrees to pay all attorneys’ fees and costs incurred by Numerique360 for late payment collection efforts.
The term of each Advertising Service shall begin as of the date of acceptance of these Terms and Conditions by Advertiser. Billing will occur in the form of a one-time payment or an automatically recurring monthly payment, as set forth in the specific product/service terms and conditions for the Advertising Service provided.
IF BILLING IS TO INCLUDE AN AUTOMATICALLY RECURRING PAYMENT:
All payment for Advertising Services will be paid in advance on a monthly basis.
Following the current contract term for any particular Advertising Service, this Agreement with respect to such Advertising Service shall automatically renew for successive one-month terms on the monthly anniversary date of Advertiser’s initial acceptance of these Terms and Conditions.
After the initial contract term, Advertiser may cancel the automatically recurring payment, including the Advertising Services associated therewith, by providing notice to Numerique360 by emailing Advertiser’s name, business name, email address, phone number, physical address, and domain, to info@Numerique360.com, with “Cancel Service” in the subject line. Provided such notice is received by Numerique360 not later than 5:00 pm DUBAI Time at least (3) three business days in advance of the date on which the next automatically recurring payment is scheduled to be made, then the next automatically recurring payment will be cancelled and the Advertising Services terminated at the end of the then-current term.
In the event such notice is received closer than three (3) business days to the next automatically recurring payment, then the next automatically recurring payment will still be made as a final payment, the Advertising Services shall continue for an additional renewal term, and termination will instead occur at the end of that additional renewal term.
No pro-rated refunds for partial terms or months will be provided.
For clarity, if an Advertiser were to engage Numerique360 for Advertising Services with a 365 day contract term, and the initial sign-up date were July 15 of a given year, if Advertiser wished to cancel the Advertising Services at the end of the contract term without incurring an additional month’s charge, Advertiser would need to provide written notice of cancellation on or before July 12 – assuming July 12, 13, and 14 were business days. One-time fee offerings have no continuing term because the same are provided up front, the term thereof having been fulfilled upon initial delivery of the Advertising Service to Advertiser.
this Agreement constitutes a valid, binding, and enforceable agreement in accordance with its terms;
Advertiser is responsible for its own responsiveness to communications and inquiries from Numerique360 and acknowledges that any lack of responsiveness could materially impact the effectiveness of the Advertising Services;
Information, content, images or data that Advertiser (including its agents or representatives) has provided or will provide for Advertising Services is and will be both accurate and complete to the best of Advertiser’s knowledge and that Advertiser has a legal right to use such information, content, images or data;
Advertiser is the authorized owner or representative of the website(s) for which Advertising Services will be performed unless the website to be promoted by the Advertising Services is designed and provided by Numerique360; and,
Advertiser’s website and information, content, images or data provided to Numerique360 does not violate any applicable law or regulation; does not infringe in any manner any third party rights, including, without limitation copyright, patent, trademark, trade secret, or other intellectual property right or right of privacy or publicity; is not false or misleading; has not and will not result in any consumer fraud, product liability, breach of contract, injury, damage, or harm of any kind to any person or entity; is not defamatory, libelous, slanderous, or threatening; is free of viruses; does not contain, promote, or offer any form of spyware, adware, or other advertising or information collection software; and/or does not contain, link to or promote any of the following: violence, hate crimes (whether racial or otherwise), illegal activities, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Advertiser will not hold Numerique360 or its affiliates, or Promotional Partner or its affiliates, if applicable, liable or responsible for the activities of visitors who come to Advertiser’s website(s) through Advertising Services.
In the event that Advertiser has been referred to the Advertising Services by or through an Numerique360 partnership promotion, such that Promotional Partner is a beneficiary of these terms and conditions, Advertiser agrees that Numerique360 may share all data it obtains, including product performance data, with Promotional Partner, and Promotional Partner shall have the same rights to access and use said data as Numerique360 itself.
Advertiser agrees that if the Advertising Services ordered from Numerique360 include paid search management, and if the paid search management is being performed through an existing account rather than Numerique360’s account, then Advertiser will grant Numerique360 exclusive administrative access to said account. Advertiser may retain read-only access, but will allow Numerique360 to perform the Advertising Services without shared administrative rights. Advertiser acknowledges that this is necessary for Numerique360 to effectively perform the Advertising Services.
Advertiser will not, for a period of one (1) year following the date on which the term of this Agreement ends, either (a) solicit for employment any employee or independent contractor employed by Numerique360, (b) advise or encourage any employee or independent contractor employed by Numerique360 to terminate employment with Numerique360, or (c) knowingly interfere or attempt to interfere with the employment relationship between Numerique360 and any of its employees or with any relationship between Numerique360 and any independent contractor who performs services for Numerique360. Notwithstanding the foregoing, general solicitations for employment (i.e., through job boards or general advertisements) and any employment relationship established as a result of responses to general solicitations for employment shall not be deemed a violation of this Advertiser Covenant.
If Advertiser sells or promotes prohibited or age-restricted products and/or services, Advertiser will: (i) have age verification on its sites’ home page and in the sales process in compliance with all applicable laws and regulations; and (ii) shall not offer such products and/or services in jurisdictions in which they are prohibited or are in any way restricted; and (iii) agrees that Advertiser will indemnify Numerique360 against any claims, losses, damages, fines, penalties, or the like which may be sought, assessed, or imposed as a result of Advertiser’s sale or promotion of such products or services.
In no event shall Numerique360, or Promotional Partner if applicable, be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.
B: Numerique360 CREATIVE SERVICES TERMS AND CONDITIONS
Numerique360 guaranteed you revisions according to your selected packages. Customers can ask for revisions as per the package and no additional fee will be charge, however, design and concept remains same and customer can post revision on any one of the provided options, Revision on multiple options is not allowed or charged separately. Normal Revision turnaround time would be 48 to 72 hours for logo design and 3 to 5 days for website design.
Functionality and HTML revisions turnaround time may vary as per the revision scope.
Website Content Policy
For the normal websites all content (images, headings, copy, text etc) will be provided by client. In-case of e-commerce website few upto 10 to 30 sample products will be entered by Numerique360 team and sample product information will also provided by client. including product name, product price, product images and shipping policy.
for rest of e-commerce site products will be entered by client, complete cms and e-commerce management training will be provided by Numerique360.
Numerique360 ensures 100% customer satisfaction with our Multiple Revision (max 5) Policy which enables you to improve on your initial design brief free of charge.
In case of any duplicate charge due to processing error, failing to fulfill any of your special designing requirements or not able to complete your design order as per the delivery policy, your complete design order amount will be refunded but only at initial phase after placing revision on initial designs client will not eligible for refund.
In case of any dissatisfaction from any design services provided by Numerique360, you can submit a refund request within three days of your initial designs completion. after placing revision on initial designs client will not eligible for refund. However, it shall be assumed between both parties that you are satisfied with your initial designs if a refund request is not received within three days of initial designs delivery. For any Special / Combo packages, refund will be applicable the same as it is on the single packages.
Your refund would be processed as per the chart below:
All refund requests will be fulfilled as per the following arrangement:
If request for refund is made before the order delivery, you would be eligible for Full Refund (less 10% service & processing fee).
If request for refund is made within 48 hours of the initial design delivery, you would be eligible for 66% refund (less 10% service & processing fee).
If request for refund is made between 48- 120 hours of the initial design delivery, you would be eligible 33% refund (less 10% service & processing fee).
No refund request will be entertained after 120 hours of your initial design delivery, however since we believe in 100% customer satisfaction you`re encouraged to contact us in case of any concern.
All refund requests should be communicated to the support department. Numerique360, based on the violation of your user agreement reserves the right to approve/disapprove your request on an individual case to case basis.
How to claim your refund
All refund requests will be fulfilled as per the following arrangement:
Claim your refund specifying your concern by contacting us via email only.
We will try to resolve your concern by virtue of our revision policy immediately or else will email you a refund request approval from our refund department.
After the refund, your design rights would be obtained by Numerique360 and you would not be able to display any version of the design sent by company. Let us also specify that:
Since the design rights would now be transferred to the company, you agree that you will have no right (direct or indirect) to use any response or other content, work product or media, nor will you have any ownership interest in or to the same.
Working in collaboration with the Government Copyright Agencies Numerique360 would share Copyright Acquisition information for the refunded designs that would restrict the re-use of the designs as original designs in the future.
Quality Assurance Policy
In order to provide you the desired satisfaction, our designers don’t deviate from the specifications provided by you in the creative brief form.
The designs are created after a thorough research which ensures the design quality and uniqueness.
100% Satisfaction Guarantee
The free multiple revision offer as per specifications ensures that you get 100% satisfaction.
We rework the ordered design and keep on revising it until you are 100% satisfied.
We offer free complete coordination with your printing company, if required.
All design order files are delivered to your provide Email addresses as per the date specified on the “Order Confirmation”. An e-mail is also sent to inform the client about their design order delivery made to their specific Email account. All policies pertaining to revision & refund are subject to date and time of design order delivered to client’s email.
We deliver all our customized design orders via e-mail within 2 to 3 days of receiving your order.
Ownership of the Work
Once an art work is approved and the final file is sent to the client after the complete payment, the client owns all the rights of the paid art work. All the claims and copyrights of the design are then transferred to the client.
Copyrights & Trademarks
The client retains full ownership of the logos, the drafts and all related materials.
The Website retains the right to use the logos solely as promotional material, including as part of our portfolio, and should under no circumstances sell, or use for profit other than specified by the client unless explicitly authorized by the client.
The client is assigned rights to use the design, graphics, and text contained, logos and explanations at his discretion.
The Website should use the logos in a fair and legal manner which does not damage the client’s reputation and integrity.
We keep a record of your finalized design once we provide you the final files.
If you require the final files again in the future we can send them to you at your request.
YOU agree that Numerique360 is not liable for any correspondence from email address(es) other than the ones followed by our own domain i.e. “..@Numerique360.com” or/and any toll free number that is not mentioned on our website. Numerique360 should not be held responsible for any damage(s) caused by such correspondence. We only take responsibility of any communication through email address(es) under our own domain name or/and via toll free number i.e. already mentioned on Numerique360 Website.
We offer 11AM to 6PM Customer Support to address your queries and questions. You can contact us.
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