INTRODUCTION

I understand that by Signing and Clicking the “Confirm Contract” button, I have read and accepted the terms & conditions stated on this page. The following terms and conditions are applicable for clients that have received an invoice from Markteer.

The person/organization/Company/agency buying any packages plans referred to in this document as “Services” that includes – Web Design, Search Engine Optimization SEO, Pay-Per-Click Campaigns, Facebook Advertising, Google AdWords, PPC Ads, Ad Management, Analytics Reports, WordPress, E-commerce, Service Call, Landing Page, Graphic Services including Logo, Brochures, Business Cards, Banners, Posters, E-Design, Presentation, eBrochures, Video, ebooks, Branding, Video Marketing, Social Media, and any Marketing and Sales Services from Markteer.

This agreement is based on any past, present, and or future Services provided by the Service Provider to the Client. Since the Services offered by the Service Provider are unique and different from one another, the following terms and conditions apply as per the specific Services purchased and documented in the invoice provided by the Service Provider. Other than the Common Terms & Conditions, additional conditions will apply based on the Client’s purchase of the invoiced Services.

Customer acknowledges and agrees that the Services may be dependent on timely receipt by Provider of certain information, content, and materials from Customer. The provider will determine the method, details, and means of performing the Services. The customer is responsible for implementing any recommendations, HTML code, server-side code, sitemaps, and/or content, as applicable, provided by the Provider in connection with the Services.

ONLINE ADVERTISING AND MARKETING SERVICES

Markteer offers a variety of services to improve a website’s online visibility. By engaging us, you agree to the Terms of Service set forth below. If you have questions, or if we may be of any service, please do not hesitate to contact us.

Markteer provides search engine marketing, optimization, and associated services on a local, national and international basis. As such, we submit information on your behalf to search providers for whom you must agree to their terms and conditions. The terms and conditions of these providers all apply. Markteer will not share your information with any business other than in the course of securing online advertising and marketing services on your behalf.

MARKETING INFORMATION

Markteer has the right to place information pertaining to your business on any of the publisher and search provider websites such as those listed above and you authorize Markteer to develop content based on information or material provided by you or your designees and collected by Markteer including copy, form, size, text, graphics, names, addresses, phone numbers, URLs, logos, trade names, trademarks, service marks, and videos. Further, you represent that the material and information you provide to Markteer is truthful, not misleading and that you have the authority to represent this product and service information to Markteer.

Additionally, if so contracted, you authorize Markteer to contact your customers for the sole purpose of gaining endorsements and reviews of your products and services for publication. Further, articles, press releases, and blog postings will be sent for approval before publishing. For this reason, all monthly content will be considered approved one week after the content was sent for approval unless requested edits or other communication is received from the client. Domains purchased on your behalf will be released to you within thirty (30) days after service has been terminated.

AUTHORIZATION

The Client is engaging the Service Provider, as an independent contractor for the specific purpose of designing and setting up new accounts for the purchased Services. If need be, the Client hereby authorizes the Service Provider to access their pre-existing accounts allowing “write permission” and authorizes the Agent, Company, Associates, and the Account Provider to provide the Service Provider with permission for the Client’s accounts, and any other login, access information or programs which need to be accessed.

The client also authorizes the Service Provider to use the login information to access any third-party accounts associated with the purchased Services or site from where the Client would like the Service Provider to access licensed images, copyrighted text, and other technical information, configurations, audio, video, media and content useful in designing and developing the purchased Services. Customer hereby authorizes Provider to act on behalf of Customer in connection with the provision of the Services to Customer under the Agreement. Such authority, includes but is not limited to, ordering Services from third parties.

For the avoidance of doubt, Customer grants Provider all rights necessary for Provider to facilitate the provision of the Services to Customer hereunder. Customer shall direct communications regarding the Services only to Provider unless instructed otherwise by Customer. Customer agrees to comply with all reasonable requests of Provider necessary for the performance of the Services.

THIRD-PARTY SERVICES

Customer acknowledges that the Provider cannot accept any responsibility or liability for the performance, policies, or actions of third party digital marketing networks including, but not limited to, search engines, display networks, social networks, or directories. Customer acknowledges that third party digital marketing networks may drop listings, suspend accounts, impose additional requirements or terms and conditions, or undertake other actions, which may impact the Services, at their discretion. Customer agrees that Provider shall not be responsible or liable for any of the foregoing.

Some Clients may desire to independently edit or update their Services after completion of the design/development as a way to control costs and avoid further expenses. The Client agrees that once we complete the development for Client’s Services and the Client or an agent of the Client other than the Service Provider attempts to update Services that were previously rendered by the Service Provider and damages the design or impairs the ability for the Services to display or function properly.

Markteer gives no warranty, representation, or undertaking in relation to any third-party materials or works. Prior to any selection, use, or reproduction by the Client of Works, Markteer shall use reasonable efforts to, on reasonable request, provide the Client with copies and evidence of such rights, clearances, permissions, and licenses as shall be necessary for the use of the works by the Client

Fees Terms

You agree to pay Markteer monthly fees to cover the cost of placing and managing your online advertising & marketing services program up to an amount not to exceed what is stated in your most recent Markteer Contract. It may change the maximum monthly fees in accordance with procedures established by our search providers and publishers from time to time upon notifications. All monthly fees are due at the end of each calendar month.

All credit card payments require a processing fee. If an account becomes 45 days past due, all campaign activities will be paused until payment is made and the account is current. At 90 days past due, the account is to be handed over to collection. Markteer has the right to charge incremental media markup fees on any media accounts up to cover the additional cost of placing media.

Payment Terms

The Client agrees to pay Markteer compensation for the Services agreed upon between the Client and the Company as set out in this agreement and defined in the contract. as applicable. Payments shall be made on the first day of each month before the commencement of services rendered by the Company in that month. New contracts that initiate service on any day. Invoices are delivered every month. Payment by check or credit card is due by the last day of that month. Marketing and advertising programs may be paused if payment has not been made by the payment due date or re-initiation fees may apply.

When buying our Services online, the Client is required to pay the full amount upfront through our secure payment gateway. We accept bank wire transfers in the case where the Client is not comfortable buying through Online Credit Card. In the case where the total amount for the development exceeds, a minimum deposit of the total quoted amount is required to commence development. The remainder (final payment) of payment is due upon or prior to completion of development. The payment can be made in the form of online Credit Card Payments, Bank drafts, Money orders, Cheques, Bank transfers, and email transfers. If a payment delay is anticipated, please contact the Service Provider to discuss potential problems in advance. If problems are anticipated, we may be able to accommodate an alternate arrangement.

Billing Terms

CLIENT hereby agrees to pay the fees in price and schedule as listed on the agreement completed by CLIENT or in the proposal submitted to CLIENT. If the full advertising budget (when applicable) is not spent due to online demand or inventory, in the event, there are additional months of advertising, the balance will be applied to the upcoming month(s) unless prior written communication states that any unspent amounts are to be refunded & will be promptly refunded within 7 business days.

CLIENT hereby grants permission for AGENCY to charge CLIENT’s credit, debit card, or bank account on file according to the price and schedule listed on the agreement or proposal every month for the amount agreed to as the monthly spend under AGREEMENT. If the invoiced budget is a one-time charge then no monthly charge will apply. Monthly payments will be put on auto-bill and will automatically be charged to the credit card on file on the same day every month as the first payment date made. CLIENT agrees to pay upon execution of this agreement. AGENCY reserves the right to stop work until payment is made. Should collection activities become necessary, CLIENT agrees to pay all fees relating to said collection activities.

Warranties

Customer represents and warrants that:

(a) the Content will not violate any intellectual property or other rights of any third party, and that Customer has all necessary licenses and clearances to use, and to allow Provider to use, the Content;

(b) Customer has all rights, title, interest, consents, authorizations, permits, licenses, registrations, notices and rights to perform its obligation under this Agreement, including, but not limited to, provision of the Content hereunder in connection with the Services and provision of the Services to its customers and website users;

(c) Customer shall comply with all applicable laws, rules, regulations (including, but not limited to, laws regarding the collection, use, and disclosure of information from visitors to Customer’s websites) and industry best practices in connection with its use of the Services;

(d) Customer’s website’s privacy policy and terms of use shall comply with all applicable laws, rules and regulations and industry best practices regarding the Services

(e) Customer shall comply with all applicable privacy policies (including Customer’s privacy policy), privacy settings, and any other policies, terms of use, terms of service and guidelines (including, but not limited to, those of search engines, display networks, social networks or directories such as Facebook and Twitter, as applicable) in connection with use of the Services under this Agreement.

(f) Customer has the full power and authority to enter into this Agreement, and the execution and performance by Customer of this Agreement does not and will not breach or cause a default under any other agreement, contract or joint venture agreement to which it is a party.

If the Services are not provided by Provider in accordance with the description of Services herein, Provider shall re-perform the Services without unreasonable delay, at Provider’s sole expense and without charge to Customer, to bring the Services into conformance with the description of Services herein. This warranty shall be the exclusive warranty available to Customer. Customer waives any other warranty, express or implied. Customer acknowledges that the Provider does not warrant that the Services will work on all platforms or in every circumstance.

Customer acknowledges and agrees that Provider will not be responsible for the results, productivity, or any other measurable metric of the Services. EXCEPT AS EXPRESSLY PROVIDED HEREIN IN THIS SECTION, THE PROVIDER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), WITH RESPECT TO ANY SERVICE OR ITEM PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, TITLE, DESIGN, INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY ARISING FROM CONDUCT, COURSE OF DEALING, CUSTOM, OR USAGE IN TRADE.

Limited Liability

The Client agrees that any material submitted for publication will not contain anything leading to abusive or unethical use of the Service Provider. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of illegal activity, and any infringement of privacy.

The Client hereby agrees to indemnify and hold harmless the Service Provider from any claim resulting from the Client’s publication of material or use of those materials. It is also understood that the Service Provider will not publish information over the Internet which may be used by another party to harm another. The Service Provider will also not develop illegal software for the Client. The Service Provider reserves the right to determine what is and what is not suitable.

IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, LOST OR DESTROYED DATA, LOST REVENUES, LOST OPPORTUNITY COSTS, DIMINISHED BRAND, OR ANY OTHER ECONOMIC LOSS, OF ANY TYPE OR NATURE, OR FOR EVENTS OR CIRCUMSTANCES BEYOND PROVIDER’S CONTROL, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER OCCASIONAL SHORT-TERM INTERRUPTIONS OF SERVICE NOR INTERRUPTIONS OF SERVICE RESULTING FROM EVENTS OR CIRCUMSTANCES BEYOND PROVIDER’S REASONABLE CONTROL SHALL BE CAUSE FOR ANY LIABILITY OR CLAIM AGAINST PROVIDER HEREUNDER, NOR SHALL ANY SUCH OCCASION RENDER PROVIDER IN DEFAULT UNDER THIS AGREEMENT.

Refund Policy

There will not be any refunds for any services availed and payments done. Only refunds are issued in special cases at will of Rohit Rao Digital Media Services and the decision of Rohit Rao Digital media services represented by its owner is final and binding.

SERVICE DESCRIPTIONS AND ADDITIONAL TERMS

Web Design, Web Development

At the Clients request, the Service Provider may secure a domain name (www.myname.com | .ca, etc.) on behalf of the Client. If the Client already has a domain name, the Service Provider may coordinate redirecting the address to the new hosting server. All charges incurred will be billed to the Client as an additional fee. These are Internet fees and are not a source of income for the Service Provider. Should the Client desire a specific domain name already owned by another party, an alternative domain name must be registered.

SEARCH ENGINE MARKETING (SEM) CAMPAIGNS

The provider will use automated technology to create search engine marketing campaigns based on the Customer’s listings (“Listing Date”) as provided through a feed by a Provider-selected third party. Customer shall provide its Listing Data or authorize such third-party to provide Listing Data to Provider. Provider shall not be responsible or liable for fees incurred for or related to providing such access to, delayed entry, or failure to provide Listing Data.

Search Engine Optimization (SEO)

Provider will provide search engine optimization services. Customer shall provide Provider with access to raw log files or existing statistical reporting to facilitate Website traffic reporting. Provider may not be able to perform the SEO Service if the natural log files or existing statistical reporting are unavailable. The customer agrees to allow Provider to modify keyword density, positioning, and other SEO-related aspects of the Content without restriction. Provider shall not be responsible for delays, costs, or errors attributable to changes to the website made by Customer.

Campaigns

Provider will create search engine marketing campaigns to promote Customer’s products and services on Provider selected search engines and digital advertising networks. Specific optimization for desktop, tablet, and mobile devices is included.

CONTENT MARKETING

Customer agrees to implement a process through which infringing, abusive, or otherwise unlawful content can be reported to Customer and removed following industry best practices and applicable law. If Adobe hosts customer Content or content from Customer Site visitors, and if the Customer becomes aware of possible violations regarding content its customers upload to the service, the Customer agrees to notify Provider promptly.

The customer acknowledges that, though Adobe, via Provider, provides access to Customer Content hereunder, it acts only as a passive conduit. Although Provider and Adobe may be involved in modifying or editing the Customer Content to be posted or integrated into Customer Site(s) on Customer’s behalf, Customer retains complete discretion and responsibility, including compliance with all applicable laws and regulations, for its website all content accessible thereon. The customer acknowledges and agrees that nothing in the preceding paragraph prevents Provider from suspending any Services to comply with that applicable court order.

SEO KEYWORDS & PAGES

The Service Provider does not provide any warranty/Guarantee for Search Engine Ranking. Moreover, the Page rank depends on various factors such as your website content relevancy, page popularity, authentic backlinks, domain age, blogging consistency, social media presence, and niche. If the Client is looking for a guarantee over the page rank, the Client should get our Search Engine Optimization services.

PAYMENT TO GOOGLE ADWORDS, FACEBOOK ADVERTISING, AND SOCIAL MEDIA ADS

For Client’s purchasing Google AdWords or Facebook Advertising Services: Pay-Per-Click PPC is a paid advertisement service where the Client pays directly to Google Inc. and Facebook Inc. for any clicks (pay-per-click) that the online web visitors may click using the Ad’s/Campaigns designed by the Service Provider.

The Client agrees to pay in full the set daily / weekly /monthly/yearly budget for the Pay-Per-Click ad Campaigns to Google Inc. and Facebook Inc. and accepts to hold harmless, protect, and defend the Service Provider and its subcontractors from any penalty or claim or suit arising from delay in Payments to Google Inc., Facebook Inc. The Client accepts and understands that the Service Provider/Monthly Service Provider does not pay on behalf of its Client to Google Inc., Facebook Inc. The Client took full responsibility to run their Campaigns / Advertisements on Google, Facebook, and associated Google, Facebook Affiliate channels.

The Service Provider is responsible for only setting up the Client’s ad campaign account and managing it every month (if the monthly service is purchased) but does not act as a payer for any Google or Facebook fees, penalty, bidding, or budget. The Client agrees to use their credit card / alternate payment methods to pay Facebook Inc.

The Service Provider should not be held responsible for any payments to Google Inc. and Facebook Inc. to run the Ads/Campaigns. If the Client chooses to disable ads with no prior notice to the Service Provider when on monthly maintenance, the Service Provider should not be held responsible for any upkeep unless the campaigns are reactivated. Welcome to our website (www.markteer.com /markteer.com). Suppose you continue to browse and use this website. In that case, you agree to comply with and be bound by the following terms and conditions of use, which, together with our privacy policy, govern this website’s relationship with you to this website. The term us or we refers to the owner of the website. The term you refers to the user or viewer of our website.

The use of this website is subject to the following terms of use: The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements. This website contains material that is owned by or licensed to us. This material includes the design, layout, look, appearance, and graphics but is not limited to. Besides following the copyright notice, Reproduction is prohibited, which forms part of these terms and conditions.

All trademarks reproduced on this website, which is not the property of, or licensed to the operator, are acknowledged on the website. Trademarks such as “Analytics” “AdWords,” “Webmaster Tool” are owned by Google Inc. Throughout this website, you may find a logo, screenshots from Google, and therefore, we would like to mention that: © 2020 Google Inc. All rights reserved. Google and the Google Logo have registered trademarks of Google Inc. © 2020 Google Inc, used with permission. Google and the Google logo are registered trademarks of Google Inc.

Unauthorized use of this website may give rise to a claim for damages or be a criminal offense. When you upload, submit, store, send or receive content to or through our website/Services, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services and developing new ones. This license continues even if you stop using our website/services.

COMPANY AND BRAND NAME

Markteer is a brand owned and operated by Rohit Rao Digital media Services and all the invoices and payments will be done to Rohit Rao Digital Media Services under the brand name Markteer.

Company:

Rohit Rao Digital Media Services

Address:

Progressive Tower, 19/B, 100 Feet Rd, Siddhi Vinayak Nagar, Madhapur, Hyderabad, Telangana 500081.

Phone:

+91 83309 79366

Email:

info@markteer.com

https://www.markteer.com