Smarketa is a provider of digital marketing services. These Conditions set out the terms under which Smarketa will provide Services to the Client (as such terms are defined below). Smarketa reserves the right to change, add, subtract or in way alter these Conditions with prior notice to the client but without the prior consent of the Client.
Smarketa agrees to supply the Services to the Client on the following conditions. These conditions are not an offer to provide service but a statement of the terms on which we will provide them.
Smarketa will use its reasonable endeavours to provide the Services in accordance with any timescale, but will not be liable to the Client where, based on those reasonable endeavours, it fails to meet any timescale.
Smarketa will not be liable for any failure to provide the Services resulting from any breach by the Client or its employees, agents or subcontractors of the Agreement.
Smarketa reserves the right at any time and from time to time improve, correct or otherwise modify all or any of the Services.
Where Smarketa suspends the provision of the Services, it will only be obliged to recommence provision during Business Hours and once the Client has paid all relevant outstanding sums in clear funds together with any relevant reinstatement fee (as published from time to time by Smarketa) and has accepted any revised payment terms requested by Smarketa.
The Client acknowledges that, given the nature of such services, Smarketa cannot guarantee that the Services, when delivered via the internet, will be uninterrupted or error-free.
The Client agrees that it shall immediately notify Smarketa on becoming aware of any unauthorised use of all or any of the Services.
The Client agrees that it shall not use the Services or allow them to be used for any unlawful purpose or for the publication, linking to, issue or display of any unlawful material (including any pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, defamatory or which breaches the rights, including Intellectual Property Rights of any third party or which is or encourages criminal acts or contains any virus, worm, trojan horse or other harmful code) whether under UK law or regulation, the laws or regulations of the Client’s country or any other place where the results of such purpose or the material in question can be accessed.
The Fees that are payable to Smarketa are subject to the following conditions:
Fees payable monthly, quarterly or yearly will be paid in advance and will not be refundable in whole or part, if the Agreement or any relevant part is terminated during the period to which the payment relates. Clients will automatically be charged again at the end of their pre-pay period unless the Client has followed the Contract Termination procedure.
Any setup fee will (unless otherwise stated) be payable immediately.
The Client agrees to pay Smarketa’ invoices within 7 days of invoice due date.
All sums payable to Smarketa under the Agreement must be paid in full with no set-off or deduction.
Smarketa will not be liable to the Client in contract, tort, misrepresentation or otherwise (including negligence), for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever, or for any loss of profit, loss of business, loss of revenue, loss of contract, loss of goodwill or otherwise (whether direct or indirect), and whether or not caused by the negligence of Smarketa or its employees, agents or authorised representatives, which arises out of or in connection with the Agreement.
Where the Client accesses Smarketa’ services from locations outside the UK, the Client does so, on the Client’s own initiative and is responsible for compliance with local laws.
To terminate the agreement, the Client must provide 30 days’ written notice to Smarketa for either the whole or any part of the Agreement.
Smarketa may immediately terminate the Agreement (or at its option, any part of it) by notice in writing to the Client if the Client fails to pay to Smarketa any sum due under the Agreement after the due date for payment.
The client may be refunded the 30% of the service fee if Smarketa fails to deliver the agreed service results within the agreed service duration.
You understand that all Pay-per-Click Advertising revenue is payable directly to Google & Facebook.