Hudson Valley Digital Marketing and associated corporate entities will be referred to as “the supplier”,, “we”, “us”, “our”. The client will be referred to as “you”, “the client”, “your”.
By committing to purchase services or products from us you acknowledge that you have read, understood and agree to abide by the following terms and conditions listed in this document. Your agreement to these terms will be indicated to us by sending to us an application, duly completed confirmation (if requested) or use of any of Hudson Valley Digital Marketing’s services, whichever occurs first. Any services resold or on-sold to third parties will also be governed by these terms.
Hudson Valley Digital Marketing accepts these payment methods:
- Bank Transfer or Direct Deposit – our bank details are included on the bottom of your invoice
- Credit Card – credit card payment is available however in some cases may be subject to an additional surcharge. Your bank may also apply additional transaction, currency exchange or interest fees on credit card transactions.
- Paypal – We will issue a PayPal invoice payable upon receipt.
All pricing is in US dollars (USD$) unless otherwise specified.
Unless otherwise stated or agreed, payment is required upfront before work begins. Monthly services are charged in advance.
The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you or at our discretion, reverse work or services provided.
If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection. This will include interest on any overdue amount, calculated at the daily rate of 18.5% per annum, from the due date of the payment.
We do not offer refunds or returns unless we cannot supply goods or services or if they are not delivered as promised. United States law is the governing body.
We reserve the right to refuse service jobs in which case we will promptly refund your payment within one working day.
Recurring transactions can be cancelled at any time by submitting a request via email, through our helpdesk or directly via Paypal (if a paypal transaction).
Credit cards are processed via either Paypal or a Bank merchant facility and stored in a SSL secure environment.
Where shipping is required for a product or service the shipping cost will be displayed on the product page along with courier details and shipping ETA.
Search Engine Optimization Services (SEO)
SEO is governed by many factors which are outside the direct control of us and indeed, any other SEO company. Search Engines are third party systems with unknown variables, algorithms and indexing decisions that can change at any time, with which we have no control over. As such, no SEO specialist can fulfil a 100% guarantee of getting your website ranked #1 organically on any major Search Engine for your desired keywords.
- Whilst we will try to improve the position of your Web Site in the Search Engine results in response to a search request, we do not warrant that this effort will be successful.
- We cannot be held responsible for any changes to the position of your Web Site in the Search Engines results pursuant to the provision of search engine optimization services by us.
- You acknowledge that search engines may, at any time, change their ranking algorithm, exclude sites from their listings, or change their policies without notice and that such change may adversely affect your search engine ranking.
- The Hudson Valley Digital Marketing will not be held liable for any fluctuations, alterations or removal of your listing in the search engines.
Paid Search Engine Marketing Services
- You are solely responsible for any third party costs relating to paid online advertising services or PPC advertising products or otherwise.
You understand that the price you were charged for your PPC Campaign Setup is to some degree based on your agreement to purchase monthly PPC management services from us. You must purchase at least one month of PPC management in order to benefit from PPC Setup with Management price rates. You understand that if you cancel your maintenance before it begins, you will still be charged one monthly maintenance fee.
If you would like to discontinue monthly PPC management and PPC management fees after your first month, you must provide Hudson Valley Digital Marketing with at least 30 days notice of the cancellation.
By signing up for PPC Campaign Management, you are indicating your understanding that the prices quoted are service fees only and do not include the purchase of the sponsored listings.
By signing up for PPC Campaign Management, you are agreeing to pay for services rendered in a timely manner. If your bill is over 30 days past due, you agree to pay the full amount of the original bill plus a 5.0% late-payment fee.
PAYMENTS AND FEES TO GOOGLE AND OTHER SEARCH ENGINE MARKETING PROVIDERS
Any amount of money that you wish to go towards the sponsored listings purchases must be paid over and above Hudson Valley Digital Marketing’s service fees indicated above. It is completely up to you how much you wish to budget in sponsored listing purchases every month. By signing up for PPC Campaign Management, you are agreeing to be billed directly by Google and other Search Engine Marketing Providers (if applicable).
Payments to Hudson Valley Digital Marketing are paid separately from those made to Google or any other paid listing providers. Google charges will be made automatically from your account. Hudson Valley Digital Marketing will notify you when and/or how often these charges will be made once your payment options are set-up, depending on what payment option you choose.
Hudson Valley Digital Marketing reserves the right to terminate or deny service for any reason, including: web sites considered to be of pornographic nature by Hudson Valley Digital Marketing, web sites involved in domain name disputes, failure to pay for services on time, solicitation or selling of illegal products or services.
By signing up for PPC Campaign Management, you are agreeing that if at any time a search engine ceases to offer sponsored listings or, if at any time for any reason, a search engine refuses service to the company which you represent or refuses to provide a sponsored listing to this company that Hudson Valley Digital Marketing will not be held responsible. You also agree that such a refusal of service to this company by a search engine may also be grounds for termination of this agreement by Hudson Valley Digital Marketing.
By signing up for PPC Campaign Management you are indicating that you have read and understood PPC Set-up & Management Process and that you understand the services we provide in accordance with this plan.
1 PROVISION OF THE SERVICE
1.1 To optimize your Pay Per Click campaigns with a view to increasing the amount of profitable clicks you receive.
1.2 You will be able to contact your account manager who will be available during normal office hours.
2 TERM AND TERMINATION
2.1 Cancellation at any other time by either party is subject to a notice period of one calendar month. If you wish to cancel your service please contact your Account Manager. You will be invoiced for one further month from the date we receive your cancellation email. If you disable our access to your AdWords account during the months notice period you will be invoiced according to your monthly click spend one month prior to you disabling our access.
2.2 You have the option to pause our service for up to a maximum of three months. If you have not resumed your service by the end of the three month period then we will automatically cancel your contract and issue you with a final invoice to cover your cancellation period.
2.3 Hudson Valley Digital Marketing reserves the right to revise the terms and conditions of this agreement with one months notice.
3 CHARGES & BILLING
3.1 Hudson Valley Digital Marketing agrees that we will not modify your daily PPC budget without your verbal or written approval.
3.2 All charges will be made to your nominated Credit Card. The first charge will be made at the end of your PPC Setup.
3.3 If you wish to change the credit card from which we take payments please contact your Account Manager. For security purposes please do not include credit card details in emails – Hudson Valley Digital Marketing will arrange to receive your new card details by phone, fax, or secure online form.
3.4 If we are unable to take payment for our service fees our Accounts Department will notify you by email or in writing. For non payment, at Hudson Valley Digital Marketing’s discretion, the Contract shall be deemed to be terminated by you, along with any other contracts that are held with us, and the full value of the remaining term/cancellation period of the Agreements becomes due.
4.1 You must immediately inform Hudson Valley Digital Marketing if there is any reason to believe that a user ID or password has been or is likely to be compromised or used in an unauthorized way.
4.2 Hudson Valley Digital Marketing reserves the right to suspend access to the Service if at any time Hudson Valley Digital Marketing considers that there is or is likely to be a breach of security.
5.1 We agree not to disclose or otherwise make available to anyone confidential information relating to your advertising campaigns.
6 LIMITATION OF LIABILITY
6.1 In no event will Hudson Valley Digital Marketing be liable to you for any indirect, incidental or consequential loss or damages arising under this Contract.
6.2 You agree to indemnify and keep Hudson Valley Digital Marketing indemnified from any claim brought by a third party resulting from Hudson Valley Digital Marketing’s provision of this service to you limited to infringement by you of any intellectual property right of any kind, infringement by you of any legislation or regulation affecting Hudson Valley Digital Marketing’s performance of its obligations under these Conditions.
6.3 The service is scheduled to be available 24 hours per day, 7 days a week but Hudson Valley Digital Marketing accepts no liability for failure to maintain this level of availability. Emergency maintenance, updates and any other procedures will be scheduled on a case-by-case basis. In the event of unforeseen disruptions to the Service, Hudson Valley Digital Marketing will use reasonable efforts to restore Service within 24 hours but does not guarantee it will always be able to do so or accept any liability for failure to do so.
6.4 In the case that you may have us assist you in creating your account with Google, you understand than any terms, conditions, privacy or legal agreements of any kind that are made with Google during account creation and management are agreements between you and Google, not between Hudson Valley Digital Marketing and Google. And any issues you may encounter with Google’s billing or other account procedures are issues that you will need to address yourself. Hudson Valley Digital Marketing is not able to refund or responsible for refunding any monies that you pay to Google during your PPC Setup and Management.
7 MATTERS BEYOND EITHER PARTY’S REASONABLE CONTROL
7.1 If either party is unable to perform any obligation under this Contract because of a matter beyond that party’s reasonable control that party will have no liability for failure to supply the Service. If any of these events continue for more than 2 weeks either party may serve notice on the other terminating this Contract.
8.1 You will not assign, resell, sublease or in any other way transfer the Service (or any element thereof), or any of its rights or obligations under the terms of this Contract without the prior written consent of Hudson Valley Digital Marketing. Contravention of this restriction in any way, whether successful or not will entitle Hudson Valley Digital Marketing to terminate the Service and/or the Contract immediately. Hudson Valley Digital Marketing may assign or transfer its rights or obligations under this contract by written notice to you.
9 DATA PROTECTION
9.1 Hudson Valley Digital Marketing is committed to protecting your privacy.
10.1 This Contract is governed by and shall be construed in accordance with the laws of the United States of America and the State of New York and the parties submit to the exclusive jurisdiction of the US and New York State courts.
11 YOUR AUTHORITY
11.1 You assert that you are a person employed by the company purchasing/signing up for PPC Campaign Management, that you have the authority to make decisions concerning this company’s web presence, and that you have the authority to promise payment for the services rendered by Hudson Valley Digital Marketing. You assert that you have read and that you understand fully the contents of this document including the payment promised by you to Hudson Valley Digital Marketing and the services promised by Hudson Valley Digital Marketing to you.