Below are our Terms of Service, which outline a lot of legal goodies, but the bottom line is it's our aim to always take care of both you, as a customer, or as a seller on our platform.
Digital/Social Media Marketing Terms
By visiting and/or taking any action on Cactecs, you confirm that you are in agreement with and bound by the terms outlined below. These terms apply to the website, emails, or any other communication.
Service/Product Disclaimers (1- n Superscript)
1. If Required, Clients should timely provide required Access/Data/Information to complete steps, otherwise it will cause delay to related areas.
2. Specialized Facebook Adverts Campaigns will be undertaken by us as per clients requirement. The Facebook Adverts spend will be billed on actual & we will be charging a commission of 7.5% on the spend.
3. Additional requirements available for selected product/services, standard charges may apply.
4. May use/include for Audience Analysis/Case-study/Related purposes.
5. Limited to one option/type from multiple, it will be used based on business category/strategy/relevant occasion.
6. Platforms are based on business models and target audience - Platform will be created only (if required, selection of Platform is based on requirements,we will consult on this topic)
7. Minimum number of Portfolio/Product/In-house Post will be counted with total count.
8. Maximum will be reached while scheduling all related ranges of post.
9. Recorded video provided by client or Video/GIF : A motion graphics/still motion with duration of 10sec(Upto) - Paid premium music, image, footage and related assets are not included.
10. Free for the first month, It will expire after the first month.
11. Additional/Special stock images should be purchased by client/client should pay for purchased elements.
12. Basic features only available for Starter, Economy Plans
13. Features available only on Pro plans
Design
1. Three basic revisions will be provided on each post (if required)
2. It includes two different layouts(only one after one)
3. One basic revision for Video/GIF(Based on Category/Type)
4. Customers should inform us 2-3 days in advance if need any special design. (In case of emergency, minimum time for design)
Payment
1. Work initiation is subject to the receipt of a 75% advance payment, equivalent to 75% of the total amount applicable to combo plans, specifically those pertaining to the Two or More Months Special Price offer.
2. The remaining 25% of the payment will have to be made before 5 days from the selected package's/plan's ending date.
3. Not paying the outstanding balance in full on the due date(informed through notice/letter/any other ways) will incur standard fine/penalty from client side.
4. We shall invoice the clients monthly, in advance.
5. Also, if the clients do not pay a monthly invoice when it is due, We shall terminate the services immediately.In this case, we will not be liable to issue a 10 day prior notice.
General
1. The Ad spend will be billed on actual and we will be charging a commission of 7.5% on the spend amount more than INR 500.
2. The Special Quote will expire after 15 Days from today.
3. Packages can only change/customize after completing the monthly(28 days) period.
4. Posts can not be recalled after expiring the package (Delayed because of content or else from clients)
5. If needs particular stock elements(Image, Video, Music etc..), should be provided by clients.
6. Content will be created based on requirements and case studies for an effective ad.
7. Clients should provide required data/details regarding the campaign/promotion/for other relevant processes.
8. Clients should approve timely and inform specially required service/task from selected packages for planned executions.
9. Feel free to contact us for doubt or questions.
* We reserve the right to modify these terms and conditions at any time, including during an ongoing contract. Changes may include, but are not limited to, modifications in Social Media Platform Terms, Other Service Providers, and related aspects. Clients are encouraged to stay informed by checking our official website, where any updates to the terms and conditions will be published.
Additional Terms
By visiting and/or taking any action on Cactecs, you confirm that you are in agreement with and bound by the terms outlined below. These terms apply to the website, emails, or any other communication.
We aims to deal with its clients in a professional, timely and favorable manner. By engaging Agency with their business, the clients will be accepting the following terms and conditions:
Online Advertising and Marketing Services
Cactecs (Agency, We, Us, Cactecs in All Letter Cases) offers a variety of services to market businesses online and improve website visibility. By engaging us, you (Client, You, Party, Your, you, your, party, client) agree to the Terms and Service Agreement(Agreement) set forth below. If you have questions, or if we may be of any service, please do not hesitate to contact us. Agency provides social media marketing, search engine marketing, website optimization and related services on a local, national and international basis. As such, we submit information on your behalf to social media sites and search engine providers for whom you must agree to their terms and conditions. These providers may include, but are not limited to: Facebook, LinkedIn, Instagram, Google, Yahoo, MSN/Bing, JustDial, local online newspapers, Pinterest, YouTube and other sites. The terms and conditions of these providers all apply. Agency will not share your information with any business other than in the course of securing online advertising and marketing services on your behalf.
Advertising Material
Agency has the right to place information pertaining to your business on any of the social media, publisher, and search provider websites, such as those listed above, and you authorize Agency to develop content based on information or material provided by you or your designees and collected by Agency including copy, form, size, text, graphics, names, addresses, phone numbers, URLs, logos, trade names, trademarks, service marks, endorsements, photographs or likenesses, and videos. Further, you represent that the material and information you provide to Agency is truthful, not misleading, and that you have the authority to represent this product and service information to Agency. Additionally, if so contracted, you authorize the Agency to contact your customers for the sole purpose of gaining endorsements and reviews of your products and services for publication. Further, articles, press releases, and blog postings will be sent for approval before publishing. The timeliness of these pieces is critical to campaign performance. For this reason, all monthly content will be considered approved one week after the content was sent for approval unless requested edits or other communication is received from the client. Finally, you authorize the Agency to utilize tracking phone numbers, and even record calls on your behalf, for 'customer service' purposes, and upon automatic notification to all incoming callers on tracking phone numbers if included when that service is contracted.
The Contract
An independent contractor relationship will be created between the clients and Agency, and that no partnership or joint venture is intended or implied by either party - Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service/Product.
A date of commencement of the services will be agreed upon by both parties and charges will be applicable according to that date.
A monthly report of performance services will be given to the clients.
Either party may not cancel or fully transfer the service responsibilities to another service vendor before a prior notice of at least 11 business days.
A person who is not a party to the Contract shall not have any rights under or in connection with it.
Platforms/Service Providers/Third-party
Agency has no control over the policies and terms of social media platforms with respect to the type of account, page, ads and/or posts(but are not limited to) that they accept now or in the future. Client's accounts/ads/related things may be excluded from any platform or directory at any time at the sole discretion of the platform or relevant departments. Sometimes they(The platforms) also control/limit their Assets/Products/Services (These may include, but are not limited to: Ad spend Limit, Promotion, Reporting, Analytics etc...) from any of their users - As such, we submit information on your behalf to social media sites and search engine providers for whom you must agree to their terms and conditions. These providers may include, but are not limited to: Facebook, LinkedIn, Instagram, Google, Yahoo, MSN/Bing, JustDial, local online newspapers, Twitter, Pinterest, YouTube and other sites.
Report's and Package duration will be 28 days for Platforms and Reports duration may vary based on Platforms and their T&C and Policy.
We will try our best to Support our Clients in such cases to keep the brand online visibility.
Liability
We will not be liable for any indirect or consequential losses due to delay in obligated service deliverables, where the delay is because of natural or ungovernable causes.
The clients will defend, cover and hold Us harmless from and against any and all claims, losses, liabilities and expenses, related to the services provided byAgency to the clients under this agreement, including without limitation claims made by third parties related to any false advertising claims, liability claims for products or services sold by the client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided, or for any content submitted by you for publication by Agency.
Due to the nature of digital media, any content/information given by the clients to Us for publication will be accessible by the public as soon as the publication is carried out. We will not be responsible for screening the material and any damages or losses of profit, goodwill or any business asset due to the nature of content being publicized.
Excusable Delays
The Agency will not be liable for any damages related to delay or failure to perform due to causes beyond its control, including but not limited to, fire, strike, work stoppage or other labor interruption, freight embargo, terrorism, sabotage, war, civil disturbance, governmental action, rules or regulations, failure of machinery, equipment or information systems, failure of suppliers and digital partners, the elements, flooding, power outages or interruptions or acts of God. The Agency's inability or failure to perform will not constitute a breach of this Agreement. Performance by the Agency of its obligations u obligations under this Agreement will be suspended during this type of delay or failure to perform. The Client may, however, terminate this Agreement if suspension lasts more than thirty (30) days.No Waiver.: The Agency's failure to insist upon the performance by the Client of any term or condition of this Agreement or to exercise any of the Agency's rights under this Agreement on one or more occasions will not result in a waiver or loss of the Agency's right to require future performance of these terms and conditions or to exercise its rights in the future.Assignment : Agency may assign, delegate or subcontract any rights or obligations under this Agreement.
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