Terms and Conditions
These Terms and Conditions (“Agreement”) govern the use of marketing services provided by Promobile (“Company”) to businesses (“Client”). By using our services, the Client agrees to abide by these terms. Please read this Agreement carefully before using our services.
Scope of Services:
1.1 The Company offers marketing services, including but not limited to, mobile marketing, social media marketing, content creation, email marketing, and website optimization.
1.2 The specific services to be provided by the Company will be agreed upon in a separate Service Agreement or Proposal, which will detail the scope, timeline, and associated costs.
Client Obligations:
2.1 The Client agrees to provide accurate and complete information required for the provision of services by the Company.
2.2 The Client is responsible for obtaining all necessary permissions, licenses, and approvals required to use any third-party content, including trademarks, logos, and copyrighted materials.
2.3 The Client agrees to promptly review and provide feedback on any deliverables provided by the Company to ensure timely completion of the project.
2.4 The Client acknowledges that any delay or failure to provide necessary information or feedback may impact the delivery timeline and may result in additional charges.
Fees and Payment:
3.1 The fees for the Company’s services will be outlined in the Service Agreement or Proposal.
3.2 Unless otherwise specified, all fees are exclusive of any applicable taxes, which will be the responsibility of the Client.
3.3 The Client agrees to pay all fees in the currency and method specified in the Service Agreement or Proposal.
3.4 Invoices for services rendered are payable within the time frame specified in the invoice. Failure to make timely payments may result in the suspension or termination of services.
3.5 The Company reserves the right to modify its fees upon providing the Client with a thirty (30) day written notice.
Intellectual Property:
4.1 The Client acknowledges that all intellectual property rights, including copyrights, trademarks, and trade secrets, related to the services provided by the Company, shall remain the property of the Company.
4.2 The Company grants the Client a non-exclusive, non-transferable license to use any deliverables provided as part of the services solely for the Client’s internal business purposes.
4.3 The Client agrees not to reproduce, modify, distribute, or sell any deliverables provided by the Company without the prior written consent of the Company.
Confidentiality:
5.1 The Client acknowledges that during the course of the services, the Company may disclose confidential information. The Client agrees to keep such information confidential and not disclose it to any third party without the prior written consent of the Company.
5.2 The Company agrees to handle the Client’s confidential information in accordance with applicable privacy laws and regulations.
Limitation of Liability:
6.1 The Company shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the provision of services.
6.2 The total liability of the Company, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the Client for the services provided by the Company.
Termination:
7.1 Either party may terminate this Agreement upon written notice if the other party materially breaches any of its obligations under this Agreement, provided that the breaching party fails to cure such breach within thirty (30) days after receiving written notice thereof.
7.2 The Company reserves the right to suspend or terminate services immediately if the Client engages in any unlawful or prohibited activities.
Governing Law and Jurisdiction:
8.1 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where the Company is located.
8.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in the aforementioned jurisdiction.
Miscellaneous:
9.1 This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements or understandings, whether written or oral, relating to the subject matter herein.
9.2 The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or any other provision.
9.3 If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you have any questions or concerns, please contact us at info@promobile.com