Terms of Service

ATTENTION PLEASE READ

Cordially go through these terms of services carefully before using our services. Exemplary Marketing offers a variety of services to every type of business. The Company provides social media marketing, search engine marketing, website optimization, Graphic & Web Designing, Application Development, and related services on a local, national, and international basis. We will provide you services, which are subject to the conditions stated below in this document. Every time you visit this website, use its services or make a purchase, you accept the following conditions. If you have questions or maybe of any assistance, please do not hesitate to contact us.

 

PRIVACY POLICY

Before you continue to utilize our Services it will be helpful to you better understand our practices. Company submits information on your behalf to social media sites and search engine providers for whom you must agree to their terms and conditions, and they all equally apply. Exemplary marketing will not share your information with any business other than in the course of securing online advertising and marketing services on your behalf.

 

COPYRIGHT

Content published on Exemplary Marketing website is copyright reserved. Content on the website (images, texts, graphics, logos) is the property of Exemplary Marketing and protected by international copyright laws.

 

COOKIES

Following Exemplary Marketing privacy policy, our websites use cookies to capture user details for each visit. Cookies are used to help the functionality and ease of use for those people visiting.

 

APPLICABLE LAW

By visiting and using our services, you agree to be bound by these web site Terms and Conditions of Use, all applicable laws, and regulations. You agree that you are responsible for compliance with any applicable local laws.

 

INTELLECTUAL PROPERTY RIGHTS

All work that represents the creative effort of the Company remains the property of the Company. All logos, Application, website, and social media content is considered to be owned by the Client once it has received final approval to go live, and payment in full has been received and may be reused, shared, and reproduced by the Client.

 

MEMBER COMMITMENTS

  • Unauthorized use of our services may give a claim for damages and be a criminal offense.
  • Without any prior written consent, you may not generate a link to this website from another website or document.
  • The Client shall provide timely assistance, technical information, and personal decisions to the Agency, as reasonably required by the Agency to facilitate the execution of marketing efforts.
  • The Client agrees to provide regular feedback so the Agency can create fresh content and make adjustments accordingly.
  • The Client shall be responsible for ensuring all information provided to the Agency, including providing necessary login information and passwords to access social media, analytics, hosting, domains, and other third-party accounts.
  • Any Application developed by engaging our team is entirely the Client’s choice, for which we shall not be liable. It shall include the client’s responsibility to ensure that any products, services, or information taken by our service meet your specific requirements.
  • You are allowed to send us emails or add review comments as long as they are not illegal, defamatory, offensive, threatening, and injurious or make invasive of privacy in any way to third parties.

 

ADVERTISING MATERIAL

  • Agency has the right to place information relating to your business on any of the social media, publisher, and search provider websites.
  • The client authorizes Agency to develop content based on materials, including copy, form, size, text, graphics, names, addresses, phone numbers, URLs, logos, trade names, trademarks, service marks, and endorsements, photographs, or likenesses, and videos.
  • The client must provide the information to us, which is truthful, not misleading, and must have the authority to represent that product and service information to the Agency.
  • The client authorizes us to contact their customers if required for gaining endorsements and reviews for publication.
  • Any articles, press releases, or blog postings designed for your service will be sent to you for approval before publishing.

 

PAYMENT TERMS

  • Payment method: Company receives payments via PayPal and Zelle by issuing invoices to the Client. Payment must be made automatically in advance on the (1st) of each month that the contract is in effect (ACH or credit card). We work in Milestones for every project, and payment requires to be issued following the completed tasks.
  • On-Time Payment: Delay in any client approval on website designs, social media page creation, digital creative, digital ads or application designs, etc., will not be considered a reason to delay payment beyond the due date.
  • Taxes: If any federal, state, or local taxes are imposed on the printing, publication, or distribution of advertising material or the sale of advertising or products and services produced by the Company, these taxes will be assumed and paid by the Client
  • Rates: Company may, in its preference, from time to time, increase the rates listed, modify the product/service offerings, or update its service terms. The client will be informed of any change or increase in rates, new product/service modifications, or change in writing 30 days before the increase’s effective date.
  • Cancellation & Refund Terms:
    • The service will not be canceled unless requested by the user with 30 days prior written notice of cancellation.
    • Payment once made for milestones will not be reverted.
    • Client may not claim a breach, terminate or cancel terms on typographical errors, incorrect ad placements, under deliveries, omissions, or errors in advertising, social media, and website content.
    • The company agrees to take action for correction within 2 business days of notification by the Client.
    • On cancellation of services, if days of service are remaining under the billing period, the service amount of those days won’t be refunded to the user.

 

SEO SERVICES

The Client acknowledges the following terms for SEO services from Exemplary Marketing.

  • We have no authority over the policies and ranking algorithms of search engines concerning the type of sites or content they accept now or in the future. The Client’s web site may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory.
  • As per the competitiveness of some keywords and ongoing changes in search engine ranking algorithms, Company does not guarantee No.1 positions or consistent top positions for any particular keyword, phrase, or search term.
  • Google sometimes hinders the rankings of new websites until they prove their viability to exist for more than a specific amount of time or have enough backlink strength. We are not liable for ranking, traffic, indexing issues related to such penalties.
  • The Client must understand that ranking a new website is much more complicated than ranking old established sites, and they should not have unrealistic expectations about rankings, traffic, and revenues.
  • Ranking of the website can fluctuate any time or day because of on-going changes in the ranking algorithm, SEO efforts made by the competitors.
  • Company makes no guarantee of project timelines or added expenses if the content is destroyed by any party other than the Agency or without prior consultation with the Company.
  • Company is not responsible for overwriting content or SEO work done by Client or any of its affiliates. The company will charge an additional fee for re-constructing, re-optimizing content/web pages.

 

DIGITAL MARKETING SERVICES

The client must agree on the following terms for Pay-Per-Click /Social Media Campaigns/Search Services:

  • Company is not responsible for policies of PPC Advertising Networks, social media platforms, third-party search engines, directories, or other websites. The third party resource might be excluded, rejected, or ban your content or website at any time. The Client accepts not to hold the Company responsible for any actions taken by third-party resources under these terms of service, whether now or in the future.
  • Client acknowledges Company makes no warranty about the search providers, social media platforms, or publishers, including placement of paid advertising or any specific results. ​The company does not guarantee a position, consistent positioning, or particular order for any particular ad, keyword, phrase, or search term.
  • Client accepts that paid advertising may be subject to the individual advertising network’s policies and procedures. Also, consider that online advertising networks, social media sites, search engines, directories, or other resources may reject, block, prevent, or otherwise stop accepting submissions for an indefinite period.
  • Client must accept that online advertising networks may drop listings from its database for no predictable reason. The company shall re-submit resources based on the current policies of the third-party advertising network.
  • Digital media advertising costs are additional and paid directly to the third-party. Payment for media that the Company is running on behalf of you shall be paid for in advance of running if there is a lack of adequate funds in a third-party account (e.g., Google, Facebook, and Yahoo). Agency reserves the right to suspend advertising until accounts are made whole.
  • No refunds will be made for SEO or digital marketing campaigns (SEO, PPC, Shopping Feeds, Email Marketing, Re-marketing, Content Marketing, Blogging, and Social Media)

 

App Development/App Design services/SAAS/CRM/Mobile Web Applications.

 

RESPONSIBILITY

  • Responsibility of Exemplary Marketing
    • Complete the scope of work in given timeline
    • Provide development infrastructure and online communication facilities to the resources to enable them to complete their work
  • Provide regular work status updates based on client’s project execution methodology.
  • Provide a timesheet as per the client’s project execution process.
  • Resource will be responsible for programming and follow assigned development tasks with quality and integration testing.
  • Sync code to the versioning control system on full payment from the client side.
  • Ensure security of the code/programs written by resources and confidentiality of the project information during the project tenure.
  • Take due care of any specialized equipment/software provided by the client and maintain the same.
  • Responsibility of Client
  • Provide requirement documents, workflow diagram and clarity of questions/queries Exemplary Marketing team may have.
  • Provide access to the database servers, test servers, development servers, etc. as per the requirement.
  • Provide new requirements in advance to size the quotation and agreement, so that resources’ allocation can be planned accordingly.
  • Arrange functional and technical knowledge transfer to the resource on the existing application, workflows, features and functions to be incorporated in future.
  • Provide any special licensed software, devices or hardware if specifically and separately required for the development. However, this specialized equipment/devices, license or software will be and remain at all times the sole property of the client, and Exemplary Marketing may use such specialized equipment or software only as necessary to perform the services for the client only. All such specialized equipment or Software will be returned to the client upon request or at termination of the contract.
  • Any third party software, development tool licenses that will be required for carrying out the development work will be provided by the client
  • The client shall conduct status and review meetings on a regular basis
  • Provide required documentation to the developers, so that they can fulfil their work in time.
  • Project acceptance testing will be performed by the client and given approval in documented format to Exemplary Marketing.
  • The client will perform testing from their end, they should report bugs in the bug reporting tool.
  • The client should provide project management tool access to the developers.
  • The client should provide one point contact who will be the owner of the project who will manage the project.
  • Project management will be completely taken care of by the client.

 

 

ASSUMPTIONS & DEPENDENCIES

    • ASSUMPTIONS
  • All the enhancement requirements will be documented properly, estimated by the team for the effort required for implementing it, client will have to approve the same and then added to the requirement document as a part of the enhancement/change request.
  • The client or representative from client end will remain present in all the important and crucial online meetings during planned scrum meetings.
  • The client should be involved in the design phase so that the proper styling and design can be successfully rolled out.
  • Travelling, Stay & Food charges will be applied separately if a client requests to visit us any specific place for support.
  • The client will review all deliverables and provide feedback as per the expectation set by the Exemplary Marketing team to adhere to the project timeline. Else, Exemplary Marketing team will consider that the client has no feedback on the same and continue working on the next action items. While reviewing the next action item, if the client provides the feedback on previous work that is already reviewed by the client, then Exemplary Marketing may discuss the same with the client and decide the impact of rework. If there is a major impact, Exemplary Marketing will discuss the same with clients and raise a change request for an additional quotation.
  • The client will be responsible for any patenting of the application & any other certification.
  • The client will manage application distribution and marketing by Client’s effort and resources. Exemplary Marketing shall provide guidance if required.
  • The client will have to provide one point of contact from the date of project kick off till project ends.
  • All the employees of Exemplary Marketing are under the legal NDA while they are working with any project of clients.
  • No third party licence software/licence is required for the development of client projects. Exemplary Marketing will not use the copyrighted software/content for the development.
  • IP (Intellectual property) of the client will be of Client once all the payment is made to Exemplary Marketing as per the contract. Intellectual property covers project source code, data content, test reports, credentials provided by Client for hosting of web portal.
  • The client will manage procuring any third party services / software license which may be required for this project. For Example: Hosting Server, SSL Certificate, Project Management, Apple and Google App store accounts, etc.
  • If the client does not pay the payment as per the agreement or payment for any CR for this project, then IP right of the client will be voided, Exemplary Marketing has all the right to use, re-use and re-sell the part or full work done for this project.
  • Source code or original source of work to the client will be shared once all pending payments will be paid to Exemplary Marketing.
  • The client will provide the logo, textual, graphics and media content to be used for this project
  • The current estimation is based on features covered in section 4.
  • CLIENT or Representative from CLIENT side will remain present in all the important and crucial meetings during the project life cycle.
  • The source code will be shared with the CLIENT on the successful payment made as per the payment terms and conditions.
  • Due to delays on account of external/CLIENT dependencies will have cost and schedule impact. If no response is received from CLIENT for consistent two weeks, the project will be put on hold. Standard lead-time of minimum 1 week may apply to resume the project.
  • Travelling, Stay & Food charges will be applied separately if CLIENT requests to visit us their place.
  • CLIENT will review all deliverables and provide feedback in a timely manner to adhere to the project timeline.
  • Any delay in completing the UAT as per the delivery plan will impact the overall schedule of the project. UAT will be for 1 week after Exemplary Marketing delivers the application to CLIENT for testing. CLIENT needs to complete UAT in decided time and provide feedback else will be considered as “Deemed accepted “.
  • Anything other than mentioned scope above will be considered additional and on top of the requirement. It will impact the timeline and budget.
  • For now, one to one, Group Videos & Audio Calls are part of this proposal. They will be using the same approach as mobile apps. The mobile team needs to share approach details and credentials.
  • DEPENDENCIES

 

The project would depend largely on:

  • Approval of code review and analysis
  • Requirement Walkthrough and Explanation
  • Timely Approvals and Reviews from client side
  • Project coordination

 

TERMS & CONDITIONS

 

Following are the terms & conditions for the project.

  • Bank transfer fees in any case would be paid by the client additionally.
  • No Refunds are initiated once payments have been made.
  • The ownership of the software and documentation shall rest with the client. The full source code will be delivered to the client after successful implementation and final payment. The concept, design and source code of the software shall be the intellectual property of the client. Source code will be routinely committed to client provided source code repository. However, Exemplary Marketing has all the rights to use the source code in case clients do not pay the payment as per the contract.
  • Code will be provided to the client after the completion of project with 2FA along with the support document to configure code.
  • There will be an additional cost if there is a change in scope via designs and flow charts.
  • Addition of any new functionality in the admin panel that will be out of this scope will require extra charges.
  • We will require a few extra charges if there is any data entry work required in the application in future. We will provide you our separate resource for this task.
  • Exemplary Marketing is only responsible for the build and does not have any choice over the acceptance of the apple and google play stores. All though we try our hardest to confirm that it will be approved by google and apple play stores, we do not guarantee both apple and google play stores will approve the applications. Terms and conditions are always fluctuating for both google and apple play store approval process.
  • If iOS and or Android were not to accept the build for whatsoever reason. We are entitled to charge a fee for reconstruction of the build, To get approved by apple and google play stores.
  • It is client’s responsibility to communicate with the project manager via Slack/Email any delay in communication will extend the project date.

TERMINATION

The Company may reject an order upon notice to Client for any of the following reasons:

  • If the Client fails to make payment.
  • If the Client works for the benefit of creditors.
  • If reorganization under the bankruptcy or insolvency laws is filed against the Client.

If terminated for any above reasons, the Client will nevertheless remain liable for balances due to any services, whether billed or unbilled. The Agency will send an invoice to the Client, which the Client agrees to pay promptly.

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