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Terms and Conditions

This domain and website is owned and maintained by UpMarketing, your use of this website is subject to the terms and conditions set forth below. By accessing and using this website, you acknowledge that you have read and accept the following terms and conditions.

Use Of Site

Your right to make use of this website and our services is subject to your compliance with our terms and conditions. All content on this website may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized in writing by UpMarketing.

Prohibited Uses

You agree not to use this website or any of its content for any illegal or unauthorized activity. You agree that you will not use any device, software, or other technology to interfere or attempt to interfere with the proper functionality of this website. You agree not to use this website or any of its content for any commercial purposes. You agree not to crawl, spider, scrape, or otherwise deploy automated agents or any other technology to collect, harvest, mine, or otherwise interact with this website.

Third Party Advertising Platforms

Any third-party advertising costs incurred will be paid directly to the corresponding platform (i.e. Google, Facebook, Instagram, Amazon, etc.). Marketing costs paid to UpMarketing include the campaign setup and management fees only.

Authorization

As part of the digital marketing agreement, the client hereby authorizes UpMarketing full access to their website domain and hosting to fulfill services. This might include but is not limited to the following:

  • Administrative and backend access to the website for analysis
  • Permission to make changes to the website for the purpose of optimization, and to communicate directly with any third parties involved with the website
  • Access to analytic softwares and platforms for site research and tracking purposes.
  • Use of all client logos, trademarks, website images, etc., for use in website development and/or content creation.

Placement Guarantee

UpMarketing or any other marketing agency cannot guarantee a specific placement on search engines due to the constant changes in algorithms and competing activity. We can guarantee our experienced and knowledgeable experts will do everything possible to get your website to rank as high as possible organically based on your available means. We adhere strictly to all guidelines set forth by search engines and will not execute any illegal techniques that may temporarily deceive search engine crawlers.

Trademarks & Copyrights

Any trademarks, content, logos, and graphics used and displayed on this website are registered and unregistered trademarks of UpMarketing and others. All elements of website development we provide for client projects including any template, graphics, content and any programming code remain the property of UpMarketing until all outstanding accounts are paid in full.

External Links

This website may contain links to external, third-party websites along with relevant content to provide our visitors with information and content they are looking for. By providing links to other websites, UpMarketing does not guarantee, approve or endorse any products and/or services being offered, nor do we have any association to these websites. UpMarketing does not control and/or has no responsibility for the information found on externally linked websites. You assume complete responsibility and risk in the use of any externally linked websites. You should direct any concerns regarding any external links to its website administrator or point of contact.

Contract Terms

All services require a significant amount of up front and back-end work to begin, therefore we ask for a minimum 3 month commitment. Services will be interrupted on accounts that reach 7 days past due.

Payment Terms

A valid credit card is required to purchase any service through UpMarketing. For month-to-month plans, services are billed in advance for every 30 days and are non-refundable. There will be no credits or refunds for a partial month of services executed as a result of late payment. If you opt to purchase a semi-annual or annual plan upright, you will be entitled to a significant savings as compared to regular monthly charges added up for the same period. Any subscription will be automatically renewed and your credit card will be charged based on the agreed subscription model (annual, semi-annual or monthly). The client agrees that they will not dispute or contest any payment so long as the transaction corresponds to the terms indicated herein.

Cancellation & Termination

Cancellation requests are accepted by written notification only, through email or mailing a hard copy to UpMarketing. Cancellations are recognized only upon confirmation of receipt of the request and is your responsibility to confirm the request has been received. Cancellation requests must include your name, business name, email address and physical mailing address. Any client may elect to cancel their subscription without penalty within 3 days of the moment they execute payment for a 100% money back guarantee. Cancellation requests must be received at least fifteen (15) days before the accounts next renewal/billing date. In the event you choose to cancel your services prior to completion of the agreed contract term, you agree to pay an early termination fee equal to 50% of any remaining amount that is due. Upon cancellation, all your data and stored information will be deleted immediately and cannot be restored.

UpMarketing, at its sole discretion, reserves the right to suspend or terminate your account and refuse any and all current or future services for any reason at any time. Such termination of the service will result in the deactivation or deletion of your account and access to your account.

In the event collection proves necessary, you agree to pay all fees including collection fees, legal fees and all other associated costs that are incurred through the collection process.

In the event that UpMarketing has built your website and/or provided you with hosting for your domain, we will transfer your website and/or hosting to another service provider for flat fee of $349, once you have completed the full term of your contract. All images and text on the site will remain your property, however, UpMarketing will retain ownership of the files and coding on the website since these are proprietary to our agency. Once a client’s domain has been allowed to expire, it may not be possible to obtain that exact domain again, in which case the purchase of a new domain must be arranged.

Legal & Liability

In no event will UpMarketing be liable for any direct or indirect damages resulting from use of this website, or any other linked websites. The client agrees that it shall defend, save and indemnify UpMarketing from any and all demands, liabilities, losses, costs and claims, including legal fees, asserted against UpMarketing, any affiliates, agents, its clients, servants, officers and employees, that may arise or result from any service provided, performed or agreed on or any product sold to the client, its agents, or employees. The client agrees to defend, save and indemnify UpMarketing against liabilities arising out of (1) any injury to person or property caused by any products or services sold or otherwise distributed in connection with UpMarketing’s services; (2) any material supplied by the client infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective product or service which the client was provided. The client hereby agrees to defend, save and indemnify UpMarketing from any claim resulting from the client’s publication and/or submission of material(s) or use of those materials.

For any further information regarding our terms and conditions, do not hesitate to contact us through email or phone.