Terms and Conditions
Welcome to ACG Digital Marketing !
These terms and conditions outline the rules and regulations for the use of ACG Digital Marketing Pvt Ltd’s Website, located at https://www.acgdigitalmarketing.com/.
By accessing this website we assume you accept these terms and conditions. Do not continue to use ACG Digital Marketing if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
I agree that I have read and understood the terms and conditions of this page by signing and clicking the “Confirm Contract” button. For clients who have received an invoice by ACG Digital Marketing, the following terms and conditions apply.
COMMON CONDITIONS & TERMS FOR OUR SERVICES
- Authorization The Client has engaged the Service Provider as an independent contractor to design and set up new accounts for the services purchased. The Client authorizes the Service Provider, if necessary, to access pre-existing accounts that allow “write permission”. Additionally, the Agent, Company and Associates authorize the Account Provider for Client accounts and access to any other logins, access information, or programs. The Client also authorizes Service Providers to access third-party accounts that are associated with the purchased services or sites from which the Client wishes to have access to licensed images, copyrighted texts and any other technical information.
- Links This agreement stipulates that all links supplied by the Client have been approved and verified for use on the Client’s Services. The Service Provider has no responsibility for any suit(s), which are directed at the Client via links that have not been approved to be used on the Client’s account or Services.
Graphics, Audio, and Video Media:It’s expected that the Service Provider creates, captures, or receives from the Client all graphics. This includes audio, video images, photos, scanning services, video and editing, animation and 3rd-party stock photography.
3.1. Photography, Audio, Photography/Photo, and Video Shooting: Clients who reside in the U.S. and Canada will have their place of business visited by the Service Provider to capture images, video, and audio in digital format. This information will be included on the Client’s Services. At the Client’s request, the Service Provider can also scan images and send and receive digital media formats. Because of the different needs of clients, the amount of digital photography, video production and footage, as well as the shooting locations, scans and costs, will be discussed. All travel, food, and accommodation costs for our team are the responsibility of the client.
3.2. Third Party Stock Photography, Audio and Video: The Client must pay all costs associated with purchasing third party stock photography. The Client assumes full responsibility for all 3rd party stock photography, audio, and video he gives to the Service Provider via any medium. He will defend, indemnify, and hold harmless the Service Provider, its subcontractors, from any lawsuit that may arise from such elements.
- Text and Files:Text shall be supplied along with any other file by the Client in a popular electronic format that is easily readable (i.e. Microsoft Word /.jpg/.gif/.png/.pdf You can submit the file as an email attachment, a CD or DVD or external USB drive. If files are requested by the Service Provider via other methods, charges may be incurred.
- Additional requests: If the Client requires the Service Provider develop or design additional material for print or web purposes, the standard rate $80/hr applies. Based on the amount of work required, the price can be negotiated.
- Payment Terms and Workflow: Except as stated in our invoice or quotation, the client agrees to pay all/any Services at the full cost upfront. After receiving full payment and ensuring that the Service Provider has access to all Client content, the designing and development process can begin. The Client must pay the entire amount upfront when purchasing our Services online via our secure payment gateways PayPal/ Razorpay/Stripe. You can pay online with a credit card. However, the Service Provider has the right to delete all web content, designs and development from the Internet if payment does not reach us within thirty (30) days of our completion notice. To discuss any potential problems ahead of time, contact the Service Provider if you anticipate a delay in payment. We may be able offer an alternative arrangement if we anticipate problems. The Service Provider may take appropriate action if the Client defaults on their payments. In this case, the account could be transferred to a third-party Collections Agency for proper handling.
- Subscription Fee: Client agrees that they will pay each month’s fees in advance. If payment is not received within five (5) business days, the monthly Service Provider may hold the services. To discuss any potential problems ahead of time, contact the Monthly Service Provider if you anticipate a delay in payment. We may be able offer an alternative arrangement if problems are expected.
- The Service Provider is proud to offer excellent customer service. This is the spirit behind our agreement as well as the business model of the Service Provider. We encourage the Client’s input during the design process. However, the Service Provider is aware that the Client might request substantial changes to services that were already rendered according to Client’s specifications. Please note that we do not have any provisions for production, design, or development that is significant beyond what is agreed to in our agreement.
The following are some examples of significant Service modifications requested by the Client:
8a. Producing and shooting a new video, audio or photography, strategy, advertisement, web layout, or strategy, vision change in order to accommodate a significant change at the client’s request.
8b. Redesigning or substantially modifying the company’s logo, graphics, and resetting new Google accounts for AdWords Google Analytics, AdWords Google Console, Google Maps, Google Places and Google Analytics at the Client’s request.
8c. Replacing more than 50% text, images, and graphics on any page at the Client’s direction.
8d. Redesigning the layout or linking in graphics to a new navigational system at the client’s request.
8e. Reconfiguring the Client’s PPC AD account and Campaigns, Advertisement campaigns, Graphic Designs, or Web Links.
8f. Monthly Technical Maintenance: All content uploads, updates, such as uploading, replacing text, images to any page at the Client’s request, or substantially reconfiguring the Client’s shopping cart with new product uploads, shipping, or discount calculations, if the Client has selected an e-commerce site.
Our Services are best for clients who plan to frequently change the look of their website. Clients who want to have a detailed design of every page, graphics, or PPC campaign are encouraged to sign an agreement.
Any significant development requested by the Client beyond our agreement will result in an invoice.
- Copyrights & Trademarks:The client represents to the Service Provider that all elements of text, graphics and photos that are submitted to the Service Provider via email, phone, internet, on-paper, in-meeting, or otherwise, to be included in Client’s website are his or hers. The Client will protect and defend the Service Provider, its subcontractors, from any claim or suit that may arise from the use of these elements. The client acknowledges that all content used in developing the website is his or hers. Under no circumstances will the Service Provider assume responsibility for the Client’s Content or any content of third parties. This includes but not limited to any errors or omissions within the Client’s Content and any loss or damage incurred due to the use of any Content transmitted, posted, transmitted, or otherwise. Copyright Infringements will not be covered by the Service Provider.
- Third-Party Modifications: Some clients may wish to edit or update their services independently after the design/development is complete. This can help to reduce costs and save money. If the Client, or any agent on behalf of the Client attempts to modify Services previously rendered by the Service Provider or damages the design, or impairs the functionality of the Services, then the hourly rate for repair will be $80. The above applies to Monthly Maintenance.
- Assignment to Development: The service provider reserves the right assign subcontractors to this project to ensure that the right person is assigned and that the job is completed on time. All work done by subcontractors in this development is warranted by the Service Provider.
- Additional expenses: The client agrees that the Service Provider will reimburse any Client-requested expenses necessary to complete the development. These include the purchase and use of certain fonts, audio, video, forms, the purchase or download of software, third-party plugins, third-party online portals, submission to specific search engines upon the Client’s request.
- Age: An authorized representative of the client certifies that the Client is at least 19 years old and legally competent to enter into a contract in their province.
- Abuse The client agrees that they will work together and deal with the Service Provider professionally. Any repeated pattern of harassing, derogatory, threatening, or inappropriate accusations directed at the Service Provider, its officers and staff, as well as contractors, will not be tolerated. The Service Provider reserves the right to take legal action and comply with the law, and to resume development and any related services immediately without refunding or guarantee to the Client. We will not tolerate any Clients who abuse our Services.
- Limited liability: The Client agrees to not submit any material that could lead to the abusive or unethical usage of the Service Provider. Abusive or unethical uses and materials include, but not limited to: pornography, obscenity and nudity; violations of privacy; computer viruses; harassment; any illegal activity, spamming; advocacy of illegal activities and any infringement on privacy. The Client agrees to indemnify the Service Provider for any claim that may arise from the publication or use of such material by the Client. The Service Provider will not publish any information on the Internet that could be used to harm another party. The Service Provider will not create pornographic, illegal software for Clients. The Service Provider has the discretion to decide what is appropriate and what isn’t.
- Ownership. Copyright shall be granted to the final assembled work of the Services Provider and graphics upon payment for the development. This ownership includes design, photos and graphics, source code, work up files, text, as well as any programs purchased or designed specifically for the Client to complete this development. All materials that are developed for publication on the internet remain the property and exclusive right of the Service Provider, until final payment has been made by the Client. All materials that are intended for publication on the web become the property the Service Provider until final payment has been made by the Client. If the Client uses the materials in this agreement on the internet before the final payment is made, the agreement will be breached. The Client will be subject to the appropriate penalties.
- Nondisclosure. The Service Provider and its employees, as well as subcontractors, agree to not disclose Confidential Information at any time during the term of the Agreement. The Client also agrees to not disclose any confidential information about the Service Provider, including its strategies, vision, information brain maps, and training, to anyone.
- Complete Understanding: These terms constitute the only agreement between the Service Providers and the Client concerning any development performed by the Service Providers for the Client. This agreement becomes effective upon the Client engaging services from the Service Provider, or purchasing any Services from them. This agreement is intended to be mutually beneficial for both the Client and Service Provider. Both parties acknowledge that they have read the agreement. This agreement applies to all Clients for whom the Service Providers have rendered Services. It also applies to any Client who has Services that include the design credit or byline “powered by” or “website created by”, etc. linked to the URL of the Service Provider.
GOOGLE / WEBMASTER ANALYTICS FACEBOOK ADVERTISING TERMS
- Payment to Google AdWords. Facebook Advertising. Social Media Ads.For clients purchasing Google AdWords. And/or Facebook Advertising Services. Pay-Per-Click (or PPC) is a paid advertising service in which the Client directly pays Google Inc. and Facebook Inc. each click (pay-per click) that online visitors click on the Ads/Campaigns created by the Service Provider. The Client agrees that they will pay the monthly, weekly, or annual budget for the Pay Per Click ad Campaigns to Google Inc. or Facebook Inc.. They also agree to indemnify, defend, and hold harmless the Service Provider, its subcontractors, from any claim or penalty arising from delayed payments to Google Inc., Facebook Inc. The Client understands and accepts that the Service Provider/Monthly Services Provider does NOT pay its Client to Google Inc. or Facebook Inc. and that they are responsible for running their own campaigns / advertisements on Google, Facebook, and any associated Google, Facebook Affiliate channels. The Service Provider will only set up and manage the Client’s Ad Campaign Account on a monthly basis (if the monthly subscription is purchased). However, the Service Provider does not pay any Google or Facebook fees or penalties, bidding, budget, or other costs. The Client authorizes the Service Provider to use their credit card or other payment method to pay Facebook Inc. for the Ads/Campaigns. The Service Provider should not be held liable for maintenance costs if the Client disables ads without prior notice to them.
- Google AdWords and Facebook Advertising Campaign. Advertisement Design: The client agrees to allow the Service Provider to use their free Google AdWords accounts. The Client agrees that the Service Provider will provide keywords relevant to targeted niche, as well as demographics, geographical locations, and age groups. The Client may also provide a message, message, text, or photos to the Service Provider. Any further modifications to the Advertisement Design will be charged at an additional cost once the Client has approved it.
- Google AdWords. Facebook Advertising Campaign Success rate: Although the Service Provider will do everything possible to set up Clients accounts, campaigns, budgeting and ad designs, it is important to remember that failures (Paid Ads on Google AdWords advertisements) cannot be overlooked. Google AdWords, a third-party application that the Service Provider uses to set up Client’s account and create campaigns, is not owned or controlled by the AdWords Algorithm (or system application). Paid Ads failure can be caused by many factors, including higher bids by competitors, a shortage of Client funds, technical issues, or the acts of God. The Client agrees to indemnify, defend, and hold harmless the Service Provider, and its Subcontractors, in any event of failure.
- Google Tools and AdWords, Facebook PPC Refund Policy: No refunds will be given for “Google AdWords”, “Webmaster and Google Console”, Google Analytics”, Facebook Advertising”, and any “Monthly Maintenance”, or “Reporting”, Services. The Service Provider will not refund Clients for any glitches or Facebook AD policy violations. This includes disapproval from Google, Facebook Console, Google Analytics, Facebook Advertising, and any related “Monthly Maintenance” and “Reporting” Services. The Client acknowledges and agrees that the Service Provider does not have control over Client’s websites. In order for AD Campaigns/to function properly, Client’s web pages and websites must conform to Google and Facebook policies. The Service Provider is responsible only for creating accounts and changing campaigns as requested by the Client. Therefore, the Service Provider should not be held responsible for damages, performance issues, sales, online traffic, pay per click traffic, bidding or any other issues related to AdWords and Facebook advertising services.
- Payments to Google Inc. and Facebook Inc. The service provider uses free Facebook, Google Analytics and Webmaster Tools accounts to create, track, and monitor the website and ad campaign. If the Client decides to use premium Google and Facebook services, they agree to pay premium fees directly to Google Inc. These payments are not the responsibility of the Service Provider.
- Google Analytics Code Installation The client agrees to the fact that the Service Provider will not install the Google Analytics code on Client’s site. The Service Provider will generate and send the Google Analytics code to the Client by email. The Service Provider will only install the Google Analytics Code onto a Client website if the Client has written permission. These installations will incur additional fees.
- Web improvements related to Google Console/Webmaster Analytics: Although the Service Provider will do everything possible to set up clients accounts, it is not their responsibility to improve website performance or ad performance. Google Analytics(tm), Webmaster Tools(tm), or the Reporting service are a monitoring and tracking service, not a web improvement or redesign service. The Service Provider will create the accounts and send reports that include user data, statistics, and advice about how to improve web/ad performance. However, if the Client requests the Service Provider revamp the/websites, additional fees may be charged.
Liability for our Services
We, our suppliers, partners, associates and staff, as well as all our officers, distributors and officers, are not liable for any lost profits, revenues or financial losses.
We, our suppliers, vendors and associates, staff and officers, are all limited in liability to you for the Services you purchased. If we choose to, we may also supply you with the Services again.
We and our suppliers, vendors and associates, staff and officers, as well as distributors, are not liable in any way for any loss or damage not reasonably foreseeable.
We are aware that you may have legal rights as consumers in certain countries. These terms and any additional terms do not limit your consumer rights.
This website may contain links to other websites from time to time. These links may be provided to assist you in finding more information. These links do not imply endorsement of the website(s). We are not responsible for the content of linked websites.
Newsletter Subscription / Email Opt-in to List
To add website visitors interested in our emails, we use double opt-in. To confirm your interest in our newsletters or promotional emails, we use double opt-in. This conforms to the CAN-SPAM Act. You have the ability to unsubscribe from all our promotional emails and newsletters. We are not responsible for any damage that may result from the subscription service provided on this website. The Developer and its subcontractors will be held harmless and protected from any claims or suits arising from our subscription services.
Unless otherwise stated, ACG Digital Marketing Pvt Ltd and/or its licensors own the intellectual property rights for all material on ACG Digital Marketing . All intellectual property rights are reserved. You may access this from ACG Digital Marketing for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from ACG Digital Marketing
- Sell, rent or sub-license material from ACG Digital Marketing
- Reproduce, duplicate or copy material from ACG Digital Marketing
- Redistribute content from ACG Digital Marketing
This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Terms And Conditions Generator.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. ACG Digital Marketing Pvt Ltd does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of ACG Digital Marketing Pvt Ltd,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, ACG Digital Marketing Pvt Ltd shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
ACG Digital Marketing Pvt Ltd reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant ACG Digital Marketing Pvt Ltd a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of ACG Digital Marketing Pvt Ltd; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to ACG Digital Marketing Pvt Ltd. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of ACG Digital Marketing Pvt Ltd’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
COPYING, DISTRIBUTING, UNAUTHORIZED ACCESS OF ANY CONTENT INCLUDING TEXT, IMAGES, STRATEGY, MAPS OR ANY OTHER ELEMENT PUBLISHED ON THIS SITE IS STRICTLY PROHIBITED.