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Terms and Conditions
The Service:
1. These Terms and Conditions govern the use of PlanMyAds.com, an Internet advertising service that provides users with access to Website creation, hosting and promotion services and Search Engine Marketing (SEM) services for Google AdWords. PlanMyAds is available to you on an “AS IS”, “AS AVAILABLE” basis subject to the provisions contained herein for your personal or business use only. Any other use or attempt to use PlanMyAds for other purposes, directly or indirectly, by you or by a third party is prohibited.
2. Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to these Terms and Conditions of Service. The Service consists of website building, campaign planning and/or search engine marketing services. Your participation in the Service is conditional upon your acceptance of these stated terms and conditions. Please read the following terms and conditions. Your acceptance of these terms and conditions is indicated by your payment for the services.
3. We reserve the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Such changes or modifications shall be immediately effective upon notice published on http://planmyads.com/ your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by PlanMyAds as permitted above. If at any time these Terms and Conditions are no longer acceptable to you, you should immediately terminate your subscription to the Service.
Delegation:
You understand that PlanMyAds requires the registry key for your domain name in order to publish your website to the Internet if you have PlanMyAds build or makeover your existing website is the PlanMyAds tool. You are responsible for providing your registry key to PlanMyAds with the information you return in your Welcome Pack. You understand that any delay in providing your registry key to PlanMyAds will delay the publication of your website. You also understand that you will be billed for the construction of your website, even if you do not provide your registry key to PlanMyAds. You also understand that even if your registry key is provided in a timely manner, there may be delay in the publication of your website due to latencies in the propagation of domain name information across the Internet. You understand that these propagation latencies are outside of PlanMyAds control and it cannot be held accountable for such delays.
Registration:
You must provide accurate, complete and updated registration information and agree to provide PlanMyAds with an update of that information promptly should any changes occur. Subscriptions to the Service are available only to individuals who are at least 18 years of age or to incorporated businesses or sole traders or partnerships or trusts or associations owned or operated by individuals who are at least 18 years of age. Your right to use the Service cannot be transferred to any other person or any other entity.
- You are responsible for all use of your account under any password by any person whether or not authorized by you and for ensuring that all use of your account complies with these terms. Without limiting your obligations under Section 4 below, PlanMyAds reserves the right to delete any Web page or Website uploaded, posted or displayed by you or any other user, at any time, without prior notice, for any or no reason.
- PlanMyAds may change at any time keywords used in a Search Engine Marketing campaign at any time without giving you notice. PlanMyAds may terminate, at its own discretion, any registration, including without limitation any or related information, communications, postings, web pages or websites, at any time, without notice, for any or no reason, including without limitation for conduct that violates local, state or federal laws or regulations or these Terms of Service, or material that PlanMyAds, in its sole discretion believes is harmful to others, the business of PlanMyAds or other third party information or service providers. You acknowledge that the Service contains information, software, photographs, graphics and other material that is protected by copyright, trademark or other proprietary rights of PlanMyAds or third parties.
- All content on the service is copyrighted as a collective work of PlanMyAds pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information or restrictions contained in the content accessed through the service. The content is intended for use of the registered subscribers of the Service. You may not modify, publish, transfer or sell, reproduce, distribute, perform, display, create derivative works from or in any way exploit, any of the Content in part or whole, except as otherwise expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. No copying, storage, redistribution or publication of any content is allowed except as expressly permitted by the copyright laws or permission of PlanMyAds or the owners of such content or their authorized persons. You assume all risk and responsibility for determining if any content is in the public domain, regardless of any notices which may be posted on such content. You grant the right to edit, copy, publish, distribute, translate and use any content placed on the Service to PlanMyAds. You represent and warrant that you are authorized to grant all rights set forth in the previous sentence. Any information supplied by you upon registration for the Service and certain other information which PlanMyAds may collect is subject to PlanMyAds’ privacy policy.
User conduct:
As a user of the Service, you understand that all information, data, files, text, links, software, content, images, graphics or other materials and terms of expression, whether publicly posted or privately transmitted, are the sole responsibility of the user generating the same. This means that you are responsible and may be held legally liable for all information that you upload, post or otherwise transmit via PlanMyAds. You shall not:
(a) upload or post via PlanMyAds any information that is offensive, vulgar, racial, hateful, unlawful. Discriminatory, sexually explicit, exploitative of a minor, invasive of privacy, information concerning illegal activities, information that is harmful, abusive, threatening, defamatory, harassing, libelous, obscene or otherwise objectionable.
(b) threaten, harass, abuse, defame, embarrass or cause distress or discomfort to another
(c) transmit or upload via PlanMyAds any information that you are prohibited from transmitting by any law, including without limitation Information that infringes any patent, trade secret, copyright, trademark or other rights
(d) transmit or upload any information containing software viruses or any other computer code, programs or files designed to interrupt, limit or destroy the functionality of any computer software or hardware or telecommunications equipment.
(e) disrupt the normal flow of Information available on or through PlanMyAds or otherwise act in a manner that negatively affects other participants or users, transmit, upload or post hidden pages or images, interfere with or disrupt the functionality PlanMyAds or its servers or networks, or violate any requirements, procedures, policies or regulations of networks connected to PlanMyAds.
(f) transmit, upload or post any unsolicited advertising, promotional materials or other form of solicitation.
(g) intentionally or unintentionally violate any applicable local, state, national or international law or regulation
(h) translate, decompile, disassemble, modify, copy, alter, reproduce, merge, exploit, duplicate, rent, lease, sell, resell, lend, distribute, remarket or otherwise dispose, use or access to PlanMyAds or any part thereof
(i) impersonate in any way, by way of forging headers or otherwise manipulating identifiers, any person, entity, leader or PlanMyAds official, operator or host.
(j) collect or store personal data about other users in any form or solicit passwords or screen names in an illegal manner or contrary to the privacy laws in force.
(k) use your allocated storage space on PlanMyAds as storage for remote loading of Information, or rent, lease or transfer allocated space on PlanMyAds to any third party
(l) link your website on PlanMyAds to information not allowed on PlanMyAds under these Terms and Conditions. You understand that by using PlanMyAds,you may be exposed to information that is offensive, indecent or objectionable.
Acceptable use:
As a user of PlanMyAds Service, you agree to abide by their Acceptable Use Policy, and to be liable for nay changes incurred for excess usage of the service, whether caused by yourself or others visiting your website or sending email. Acceptable Use, as defined by PlanMyAds, is as follows: Website content Acceptable Usage Policy: Content that is forbidden to be loaded on servers including:
(a) material deemed as a threat to National Security
(b) any pornographic material whether it be of a legal nature or illegal nature
(c) any warez or crackz sites
(d) anything that can cause risk to public safety or induce illegal activity
(e) any racist material
(f) software designed to defeat security measures on any pc or network.
Sites that are deemed to have breached the above policy will be immediately suspended and the appropriate Law enforcement authorities may be contacted for illegal activities. PlanMyAds will not be held responsible for content stored on our servers in directories that are controlled by users.
The user is responsible for making sure that all your email and website passwords are kept in a secure location. PlanMyAds will not set usernames and passwords to be the same thing as this breaches security protocols. We will not be responsible for any activity that has been undertaken under an account with a compromised password. While we hope that there are no server outages, we cannot be held responsible for any sort of hardware or software failure or internet connection failure. It is the customers responsibility to advise PlanMyAds if they need a guaranteed 99% uptime via a Service Level Agreement.
Information posted on PlanMyAds:
by transmitting, uploading, posting or submitting any information to PlanMyAds, you:
- declare such information is not confidential, proprietary or secret
- warrant that any other party does not have the rights to the information and that your transmission, posting, uploading or submission of the information doesnt violate any copyright or other laws.
- irrevocably grant PlanMyAds, a worldwide, royalty free, non-exclusive perpetual, worldwide license to use, display, perform, distribute, modify, reproduce and publish the information in any form anywhere. You should evaluate and bear the risk associated with, the accuracy, completeness or usefulness of any information available on or through PlanMyAds. We shall not be obliged to actively monitor, review or control the information uploaded, posted or transmitted by users through PlanMyAds.
PlanMyAds reserves the right but not the obligation to refuse or remove any information available on its site. It shall have the right to remove any information that violates these Terms and Conditions of Service or is otherwise objectionable in PlanMyAds sole opinion. By entering or using PlanMyAds, you undertake full responsibility to:
- determine if the information complies with your needs
- determine whether you have adequate legal rights to store, reproduce or use the information in any manner contemplated by you and
- comply with any legal obligations
if you do not agree to these Terms and Conditions, do not enter or use PlanMyAds.
Third Party Links:
Third party links may be included in some portions of the PlanMyAds or users websites available through PlanMyAds. These links allow you to exit these websites and enter third party or other users websites. These links are just a form of convenience. They are not reviewed, controlled or examined by PlanMyAds and we are not responsible for the information, advertising, products, resources or other material, of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement of the linked site by PlanMyAds. We shall not be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the third parties websites or the information, advertising, products, resources or material accessed through these websites. PlanMyAds reserves the exclusive right to add, decline or remove any icon or link to a website.
Fees and Payments:
You agree to pay all fees and charges incurred by you or any third party using your service account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to applicable taxes, and charges for any products or services offered for sale through the Service by PlanMyAds or by any third party. Your right to use the service is subject to the limits established by your credit card company if billing is through credit card. The responsibility for obtaining telephone, access lines, computer equipment and other products or services necessary to use the service will be borne by you. You will be responsible for all charges associated with accessing and maintaining a connection to the service. Ongoing hosting and Search Engine Marketing fees (including costs associated with PlanMyAds maintaining your Google AdWords account) will continue automatically, at the end of your subscription until such time as we receive a cancellation in accordance with our Cancellations Policy. PlanMyAds will provide you with a Google AdWords Pay Per Click (PPC) service, notifying you when tasks are completed via phone or email correspondence. The services guarantee maximization of your websites performance in Google Search PPC AdWords for your subscription amount (less GST and account maintenance fees). The subscription amount is that which is agreed to on the order form at the time of sale. You understand that your subscription amount is divided into equal daily budgets for the term of your subscription. PlanMyAds works closely with you to identify realistic goals and timelines and employ the right mix of tactics to maximize your Google AdWords account for your daily budget. If objectives are not met, we will offer to rectify it within 30 days or more, based on the factors that relate to the objectives, or offer termination of agreement and refund the remaining months of subscription amount. PlanMyAds will not provide login details of your Google AdWords account as the account is managed on your behalf as part of the package. The invoicing schedule for PPC direct search engine fees (including GST) for Google AdWords are equivalent to the agreed upon package as per the Order form. It will be invoiced in advance i.e. at the beginning of the start of subscription term. PlanMyAds shall provide PPC reporting to the client on a permanent monthly basis for the Term of the subscription. All notices will be served in writing and shall be sent by mail, fax or email to the client at their respective addresses as specified on the order forms. Subscription services and the setup operations required for the same will commence on payment of the fee.
Cancellations:
You need to notify PlanMyAds that you do not wish to renew your membership before the end of initial 12 months contract. Your subscription will be automatically renewed at the end of each 12 month term and the then-current renewal fee will be billed to the same credit card or credit line your original subscription fee was billed to. Your account can be cancelled at any time by notifying PlanMyAds in writing and a cancellation fee of $180 will apply. If the account is cancelled prior to the end of each annual term, but after your website is built you will not be entitled to a refund of money. You will be responsible for all charges incurred up to the time of account termination, including annual charges for the year in which termination became effective. We reserve the right to change the amount of any fee or charge for the Service or to institute new fees or charges, effective on at least 30 days prior notice. PlanMyAds reserves the right to restrict, suspend, terminate your access to all or part of the Service at any time, including the availability of any Service feature, database or content, without prior notice or liability. No refund will be given to websites that have been on hold for over one year and have failed to reply to PlanMyAds notices. This covers administration and customer service fee provided during the period of website content collection.
Disclaimer of Warranties:
You agree that entering or using PlanMyAds is at your own risk. No warranty, condition, undertaking, representation or term express or implied, statutory or otherwise including but not limited to the condition, performance, durability, quality, reliability, accuracy, non-infringement, merchantability or fitness for a particular purpose or use of PlanMyAds is given or assumed by all such warranties, conditions, undertakings, representations and terms are hereby excluded. We make no warranty all your requirements will be met, or that PlanMyAds will be uninterrupted, secure, timely or error free. We make no warranty that a Search Engine Marketing campaign will generate any increase in sales, profits, business activities or any other form of improvement in business or any other purpose. PlanMyAds makes no warranty that a Search Engine Marketing campaign will result in any clicks to your business or other information. We make no warranty that that a Search Engine Marketing campaign will lead to consistent exposure of your business or your keywords during the subscription period (including but not limited to, the position of your advertisement on a search result page or the frequency and time of day that your advertisement is displayed). The information available on or through PlanMyAds user amended sites is not reviewed, examined or controlled by PlanMyAds before it spears on their site. We do not endorse, verify or otherwise certify the contents of any such information. The sole responsibility for the contents of the websites lies with the users for their websites and their AdWords advertisement content and may be held legally liable or accountable for the contents of their websites. PlanMyAds abides by the guidelines of Google AdWords, key terms or adverts requested by the customer must also follow these guidelines. The packages are sold on basis of key terms being key term and location, hence a key term without location may require higher subscription or an increase in current package. PlanMyAds is not responsible for the increase of any key terms costs per click. If your subscription amount can not cater for the key terms, they will be removed from your list of key terms. PlanMyAds doesnt warrant or guarantee:
- that any information available on PlanMyAds will be free of infection by viruses, Trojan horses, worms or anything else.
- that the information available on PlanMyAds will not include adult-oriented material, or other material deemed objectionable by some individuals.
- that the functions or services performed by PlanMyAds will be uninterrupted or free from errors.
Limitation of liability:
In no event shall PlanMyAds be liable to any party for any damages, including without limitation any direct, indirect, special, incidental or consequential damages or any other damages arising out of the availability, reliance on, use, inability to utilize or improper use of PlanMyAds even if it has been advised of the possibility of such damages or is negligent and regardless of the form of action, whether in contract or otherwise. The above exclusions of damages may not apply to you because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In no event will PlanMyAds be held responsible for any delays, inaccuracies, errors or omissions. You expressly agree that PlanMyAds shall not be responsible or liable for any loss of data, nor shall it be required to return any data lost due to suspension or deletion of user websites, network outages, file corruption or anything else. We request you to maintain backup versions of your websites content to guard against losses of any kind. You expressly agree that PlanMyAds shall not be liable for any conduct by users of PlanMyAds and the accuracy, usefulness or availability of any information transmitted, posted, uploaded or made available on or through PlanMyAds. You expressly agree to indemnify and hold harmless PlanMyAds, its affiliates, subsidiaries, agents, officers, co-branders, employees and other partners from and against any and all damages, liabilities, actions, suits, claims, demands, costs, losses and expenses arising from or in connection with your information, use of PlanMyAds, your violation of these Terms and Conditions of Service or your violation of any rights of any third party.
Debtor Policy:
Default and consequences of default interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% every calendar month and shall accrue at such a rate after as well as before any judgment. The buyer shall indemnify the seller from and against all costs and disbursements including solicitor and own client basis and in addition to all costs of collection if he defaults in payment of any invoice when due. The seller may even suspend or terminate the supply of goods to the buyer and any other obligations under the terms and conditions.
The seller is not liable to the buyer for any loss or damage suffered by the buyer due to the exercise of rights by the seller. If an account remains unpaid at the end of the second month after supply of goods or services:
(a) an immediate amount of $50.00 shall be levied for administration fees as immediately due and payable.
(b) if the amount becomes overdue or the seller is of the opinion that the buyer will be unable to make the payment on due date or the buyer becomes insolvent, the seller shall be entitled to cancel all or any order of the buyer which remains unperformed in addition to any other remedies.
The seller can issue proceedings to recover the price of goods sold without consideration of the fact that the ownership of the goods may not have passed to the buyer.
To notify other credit providers of a default by the buyer and exchange information as to the status of this credit account, where the buyer is in default with other credit providers. The buyer consents to the seller being given a consumer credit report to collect overdue payment on commercial credit.
The buyer agrees that personal data provided may be used and retained by the seller for the following purposes and other purposes as agreed between the buyer and seller or required by law from time to time:
a. provision of goods and services
b. marketing of goods and services by the seller, agents or distributors
c. analyzing, verifying and/or checking the buyers credit
d. payment and/or status in relation to the provision of services/goods
e. processing of any payment instructions
f. direct debit facilities and credit facilities requested by the buyer
The seller may give information about the buyer to a credit reporting agency to obtain a consumer credit report about the buyer and/or allow them to create or maintain a credit information file containing information about the buyer.
Miscellaneous:
PlanMyAds reserves the right in its sole discretion to:
- make corrections, improvements, adaptations or any other change in PlanMyAds and to any part thereof and/or to revise or modify these Terms and Conditions of Service.
- change, terminate, remove or cease to provide PlanMyAds, temporarily or permanently to all or any number of users including the use of or access to PlanMyAds, granted to you or to any other user, at any time, without notice, for any or no reason.
- refrain from publishing on this site and delete or remove any web page or information or material provided for display, posted, uploaded or transmitted by any user or part thereof on PlanMyAds.
- establish a new operating and usage policy for PlanMyAds and change it at any time for any reason or no reason
- change, hold, cancel, introduce different options and features to different users or refrain from publishing PlanMyAds numbers or any other details of the users using it at any time.
These Terms and Conditions of Service do not grant to you or any other user any right or license in or to any patent, trademark, copyright or other proprietary rights of PlanMyAds. We may revise or replace these terms and conditions from time to time. You agree that your use of PlanMyAds, beyond a period of 15 days after a notice of such change, shall indicate your consent to the new or revised terms and Conditions of Service.
Note: PlanMyAds clients also abide by Google Terms and Conditions.
Terms and Conditions of Google AdWords Service:
The Service:
These Terms and Conditions govern the use of PlanMyAds.com, an Internet advertising service that provides users with access to Website creation, hosting and promotion services and Search Engine Marketing (SEM) services for Google AdWords. PlanMyAds is available to you on an AS IS, AS AVAILABLE basis subject to the provisions contained herein for your personal or business use only. Any other use or attempt to use PlanMyAds for other purposes, directly or indirectly, by you or by a third party is prohibited.
Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to these Terms and Conditions of Service. The Service consists of website building, campaign planning and/or search engine marketing services. Your participation in the Service is conditional upon your acceptance of these stated terms and conditions. Please read the following terms and conditions. Your acceptance of these terms and conditions is indicated by your payment for the services.
We reserve the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Such changes or modifications shall be immediately effective upon notice published on http://planmyads.com/ your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by PlanMyAds as permitted above. If at any time these Terms and Conditions are no longer acceptable to you, you should immediately terminate your subscription to the Service.
Delegation:
You understand that PlanMyAds requires the registry key for your domain name in order to publish your website to the Internet if you have PlanMyAds build or makeover your existing website is the PlanMyAds tool. You are responsible for providing your registry key to PlanMyAds with the information you return in your Welcome Pack. You understand that any delay in providing your registry key to PlanMyAds will delay the publication of your website. You also understand that you will be billed for the construction of your website, even if you do not provide your registry key to PlanMyAds. You also understand that even if your registry key is provided in a timely manner, there may be delay in the publication of your website due to latencies in the propagation of domain name information across the Internet. You understand that these propagation latencies are outside of PlanMyAds control and it cannot be held accountable for such delays.
Registration:
You must provide accurate, complete and updated registration information and agree to provide PlanMyAds with an update of that information promptly should any changes occur. Subscriptions to the Service are available only to individuals who are at least 18 years of age or to incorporated businesses or sole traders or partnerships or trusts or associations owned or operated by individuals who are at least 18 years of age. Your right to use the Service cannot be transferred to any other person or any other entity.
You are responsible for all use of your account under any password by any person whether or not authorized by you and for ensuring that all use of your account complies with these terms. Without limiting your obligations under Section 4 below, PlanMyAds reserves the right to delete any Web page or Website uploaded, posted or displayed by you or any other user, at any time, without prior notice, for any or no reason.
PlanMyAds may change at any time keywords used in a Search Engine Marketing campaign at any time without giving you notice. PlanMyAds may terminate, at its own discretion, any registration, including without limitation any or related information, communications, postings, web pages or websites, at any time, without notice, for any or no reason, including without limitation for conduct that violates local, state or federal laws or regulations or these Terms of Service, or material that PlanMyAds, in its sole discretion believes is harmful to others, the business of PlanMyAds or other third party information or service providers. You acknowledge that the Service contains information, software, photographs, graphics and other material that is protected by copyright, trademark or other proprietary rights of PlanMyAds or third parties.
All content on the service is copyrighted as a collective work of PlanMyAds pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information or restrictions contained in the content accessed through the service. The content is intended for use of the registered subscribers of the Service. You may not modify, publish, transfer or sell, reproduce, distribute, perform, display, create derivative works from or in any way exploit, any of the Content in part or whole, except as otherwise expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the softwares patent and/or copyright. No copying, storage, redistribution or publication of any content is allowed except as expressly permitted by the copyright laws or permission of PlanMyAds or the owners of such content or their authorized persons. You assume all risk and responsibility for determining if any content is in the public domain, regardless of any notices which may be posted on such content. You grant the right to edit, copy, publish, distribute, translate and use any content placed on the Service to PlanMyAds. You represent and warrant that you are authorized to grant all rights set forth in the previous sentence. Any information supplied by you upon registration for the Service and certain other information which PlanMyAds may collect is subject to PlanMyAds privacy policy.
User conduct:
As a user of the Service, you understand that all information, data, files, text, links, software, content, images, graphics or other materials and terms of expression, whether publicly posted or privately transmitted, are the sole responsibility of the user generating the same. This means that you are responsible and may be held legally liable for all information that you upload, post or otherwise transmit via PlanMyAds. You shall not:
- upload or post via PlanMyAds any information that is offensive, vulgar, racial, hateful, unlawful. Discriminatory, sexually explicit, exploitative of a minor, invasive of privacy, information concerning illegal activities, information that is harmful, abusive, threatening, defamatory, harassing, libelous, obscene or otherwise objectionable. .
- threaten, harass, abuse, defame, embarrass or cause distress or discomfort to another
- transmit or upload via PlanMyAds any information that you are prohibited from transmitting by any law, including without limitation Information that infringes any patent, trade secret, copyright, trademark or other rights
- transmit or upload any information containing software viruses or any other computer code, programs or files designed to interrupt, limit or destroy the functionality of any computer software or hardware or telecommunications equipment.
- disrupt the normal flow of Information available on or through PlanMyAds or otherwise act in a manner that negatively affects other participants or users, transmit, upload or post hidden pages or images, interfere with or disrupt the functionality PlanMyAds or its servers or networks, or violate any requirements, procedures, policies or regulations of networks connected to PlanMyAds.
- transmit, upload or post any unsolicited advertising, promotional materials or other form of solicitation.
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation
- translate, decompile, disassemble, modify, copy, alter, reproduce, merge, exploit, duplicate, rent, lease, sell, resell, lend, distribute, remarket or otherwise dispose, use or access to PlanMyAds or any part thereof
- impersonate in any way, by way of forging headers or otherwise manipulating identifiers, any person, entity, leader or PlanMyAds official, operator or host.
- collect or store personal data about other users in any form or solicit passwords or screen names in an illegal manner or contrary to the privacy laws in force.
- use your allocated storage space on PlanMyAds as storage for remote loading of Information, or rent, lease or transfer allocated space on PlanMyAds to any third party
- link your website on PlanMyAds to information not allowed on PlanMyAds under these Terms and Conditions. You understand that by using PlanMyAds, you may be exposed to information that is offensive, indecent or objectionable.
Acceptable use:
As a user of PlanMyAds Service, you agree to abide by their Acceptable Use Policy, and to be liable for nay changes incurred for excess usage of the service, whether caused by yourself or others visiting your website or sending email. Acceptable Use, as defined by PlanMyAds, is as follows: Website content Acceptable Usage Policy: Content that is forbidden to be loaded on servers including:
- material deemed as a threat to National Security
- any pornographic material whether it be of a legal nature or illegal nature
- any warez or crackz sites
- anything that can cause risk to public safety or induce illegal activity
- any racist material
- software designed to defeat security measures on any pc or network.
Sites that are deemed to have breached the above policy will be immediately suspended and the appropriate Law enforcement authorities may be contacted for illegal activities. PlanMyAds will not be held responsible for content stored on our servers in directories that are controlled by users.
The user is responsible for making sure that all your email and website passwords are kept in a secure location. PlanMyAds will not set usernames and passwords to be the same thing as this breaches security protocols. We will not be responsible for any activity that has been undertaken under an account with a compromised password. While we hope that there are no server outages, we cannot be held responsible for any sort of hardware or software failure or internet connection failure. It is the customers responsibility to advise PlanMyAds if they need a guaranteed 99% uptime via a Service Level Agreement.
Information posted on PlanMyAds:
by transmitting, uploading, posting or submitting any information to PlanMyAds, you:
- declare such information is not confidential, proprietary or secret
(b) warrant that any other party does not have the rights to the information and that your transmission, posting, uploading or submission of the information doesnt violate any copyright or other laws
- irrevocably grant PlanMyAds, a worldwide, royalty free, non-exclusive perpetual, worldwide license to use, display, perform, distribute, modify, reproduce and publish the information in any form anywhere. You should evaluate and bear the risk associated with, the accuracy, completeness or usefulness of any information available on or through PlanMyAds. We shall not be obliged to actively monitor, review or control the information uploaded, posted or transmitted by users through PlanMyAds.
PlanMyAds reserves the right but not the obligation to refuse or remove any information available on its site. It shall have the right to remove any information that violates these Terms and Conditions of Service or is otherwise objectionable in PlanMyAds sole opinion. By entering or using PlanMyAds, you undertake full responsibility to:
- determine if the information complies with your needs
- determine whether you have adequate legal rights to store, reproduce or use the information in any manner contemplated by you and
- comply with any legal obligations
if you do not agree to these Terms and Conditions, do not enter or use PlanMyAds.
Third Party Links:
Third party links may be included in some portions of the PlanMyAds or users websites available through PlanMyAds. These links allow you to exit these websites and enter third party or other users websites. These links are just a form of convenience. They are not reviewed, controlled or examined by PlanMyAds and we are not responsible for the information, advertising, products, resources or other material, of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement of the linked site by PlanMyAds. We shall not be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the third parties websites or the information, advertising, products, resources or material accessed through these websites. PlanMyAds reserves the exclusive right to add, decline or remove any icon or link to a website.
Fees and Payments:
You agree to pay all fees and charges incurred by you or any third party using your service account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to applicable taxes, and charges for any products or services offered for sale through the Service by PlanMyAds or by any third party. Your right to use the service is subject to the limits established by your credit card company if billing is through credit card. The responsibility for obtaining telephone, access lines, computer equipment and other products or services necessary to use the service will be borne by you. You will be responsible for all charges associated with accessing and maintaining a connection to the service. Ongoing hosting and Search Engine Marketing fees (including costs associated with PlanMyAds maintaining your Google AdWords account) will continue automatically, at the end of your subscription until such time as we receive a cancellation in accordance with our Cancellations Policy. PlanMyAds will provide you with a Google AdWords Pay Per Click (PPC) service, notifying you when tasks are completed via phone or email correspondence. The services guarantee maximization of your websites performance in Google Search PPC AdWords for your subscription amount (less GST and account maintenance fees). The subscription amount is that which is agreed to on the order form at the time of sale. You understand that your subscription amount is divided into equal daily budgets for the term of your subscription. PlanMyAds works closely with you to identify realistic goals and timelines and employ the right mix of tactics to maximize your Google AdWords account for your daily budget. If objectives are not met, we will offer to rectify it within 30 days or more, based on the factors that relate to the objectives, or offer termination of agreement and refund the remaining months of subscription amount. PlanMyAds will not provide login details of your Google AdWords account as the account is managed on your behalf as part of the package. The invoicing schedule for PPC direct search engine fees (including GST) for Google AdWords are equivalent to the agreed upon package as per the Order form. It will be invoiced in advance i.e. at the beginning of the start of subscription term. PlanMyAds shall provide PPC reporting to the client on a permanent monthly basis for the Term of the subscription. All notices will be served in writing and shall be sent by mail, fax or email to the client at their respective addresses as specified on the order forms. Subscription services and the setup operations required for the same will commence on payment of the fee.
Cancellations:
PlanMyAds may allow you to cancel your contract agreement at its sole discretion. Cancellation notification should be provided in writing. A cancellation fee of $199 will apply and the remaining money will be refunded. Refunds need to be approved by management and will be processed within 15 working days. If the account is active, the cancellation fee and administrative fee will apply. The daily budget amount that has already been spent will not be refunded. We will contact you at the end of your subscription for renewal of your contract. You will be responsible for all charges incurred up to the time of account termination, including annual charges for the year in which termination became effective. We reserve the right to change the amount of any fee or charge for the Service or to institute new fees or charges, effective on at least 30 days prior notice. PlanMyAds reserves the right to restrict, suspend, terminate your access to all or part of the Service at any time, including the availability of any Service feature, database or content, without prior notice or liability. Website hosting will incur yearly hosting fees of $299 if the Google AdWords subscription is cancelled but PlanMyAds continues to host your website.
Disclaimer of Warranties:
You agree that entering or using PlanMyAds is at your own risk. No warranty, condition, undertaking, representation or term express or implied, statutory or otherwise including but not limited to the condition, performance, durability, quality, reliability, accuracy, non-infringement, merchantability or fitness for a particular purpose or use of PlanMyAds is given or assumed by all such warranties, conditions, undertakings, representations and terms are hereby excluded. We make no warranty all your requirements will be met, or that PlanMyAds will be uninterrupted, secure, timely or error free. We make no warranty that a Search Engine Marketing campaign will generate any increase in sales, profits, business activities or any other form of improvement in business or any other purpose. PlanMyAds makes no warranty that a Search Engine Marketing campaign will result in any clicks to your business or other information. We make no warranty that that a Search Engine Marketing campaign will lead to consistent exposure of your business or your keywords during the subscription period (including but not limited to, the position of your advertisement on a search result page or the frequency and time of day that your advertisement is displayed). The information available on or through PlanMyAds user amended sites is not reviewed, examined or controlled by PlanMyAds before it spears on their site. We do not endorse, verify or otherwise certify the contents of any such information. The sole responsibility for the contents of the websites lies with the users for their websites and their AdWords advertisement content and may be held legally liable or accountable for the contents of their websites. PlanMyAds abides by the guidelines of Google AdWords, key terms or adverts requested by the customer must also follow these guidelines. The packages are sold on basis of key terms being key term and location, hence a key term without location may require higher subscription or an increase in current package. PlanMyAds is not responsible for the increase of any key terms costs per click. If your subscription amount can not cater for the key terms, they will be removed from your list of key terms. PlanMyAds doesnt warrant or guarantee: - that any information available on PlanMyAds will be free of infection by viruses, Trojan horses, worms or anything else.
- that the information available on PlanMyAds will not include adult-oriented material, or other material deemed objectionable by some individuals.
- that the functions or services performed by PlanMyAds will be uninterrupted or free from errors.
Limitation of liability:
In no event shall PlanMyAds be liable to any party for any damages, including without limitation any direct, indirect, special, incidental or consequential damages or any other damages arising out of the availability, reliance on, use, inability to utilize or improper use of PlanMyAds even if it has been advised of the possibility of such damages or is negligent and regardless of the form of action, whether in contract or otherwise. The above exclusions of damages may not apply to you because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In no event will PlanMyAds be held responsible for any delays, inaccuracies, errors or omissions. You expressly agree that PlanMyAds shall not be responsible or liable for any loss of data, nor shall it be required to return any data lost due to suspension or deletion of user websites, network outages, file corruption or anything else. We request you to maintain backup versions of your websites content to guard against losses of any kind. You expressly agree that PlanMyAds shall not be liable for any conduct by users of PlanMyAds and the accuracy, usefulness or availability of any information transmitted, posted, uploaded or made available on or through PlanMyAds. You expressly agree to indemnify and hold harmless PlanMyAds, its affiliates, subsidiaries, agents, officers, co-branders, employees and other partners from and against any and all damages, liabilities, actions, suits, claims, demands, costs, losses and expenses arising from or in connection with your information, use of PlanMyAds, your violation of these Terms and Conditions of Service or your violation of any rights of any third party.
Debtor Policy:
Default and consequences of default interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% every calendar month and shall accrue at such a rate after as well as before any judgment. The buyer shall indemnify the seller from and against all costs and disbursements including solicitor and own client basis and in addition to all costs of collection if he defaults in payment of any invoice when due. The seller may even suspend or terminate the supply of goods to the buyer and any other obligations under the terms and conditions.
The seller is not liable to the buyer for any loss or damage suffered by the buyer due to the exercise of rights by the seller. If an account remains unpaid at the end of the second month after supply of goods or services:
- an immediate amount of $50.00 shall be levied for administration fees as immediately due and payable.
- if the amount becomes overdue or the seller is of the opinion that the buyer will be unable to make the payment on due date or the buyer becomes insolvent, the seller shall be entitled to cancel all or any order of the buyer which remains unperformed in addition to any other remedies.
The seller can issue proceedings to recover the price of goods sold without consideration of the fact that the ownership of the goods may not have passed to the buyer.
To notify other credit providers of a default by the buyer and exchange information as to the status of this credit account, where the buyer is in default with other credit providers. The buyer consents to the seller being given a consumer credit report to collect overdue payment on commercial credit.
The buyer agrees that personal data provided may be used and retained by the seller for the following purposes and other purposes as agreed between the buyer and seller or required by law from time to time:
- provision of goods and services
- marketing of goods and services by the seller, agents or distributors
- analyzing, verifying and/or checking the buyers credit
- payment and/or status in relation to the provision of services/goods
- processing of any payment instructions
- direct debit facilities and credit facilities requested by the buyer
The seller may give information about the buyer to a credit reporting agency to obtain a consumer credit report about the buyer and/or allow them to create or maintain a credit information file containing information about the buyer.
Miscellaneous:
PlanMyAds provide you with an initial draft of your Google AdWords Advert via email/fax and your account is uploaded at this time. When an account is uploaded on Google AdWords network, it is subject to Googles terms and conditions and approval clauses. Google AdWords has a 48hr monitoring period in which it will approve your account for online advertising. Your account will be deemed active once Google approves your account and email/fax you a notification with your subscription start and end dates. PlanMyAds and its customers must adhere to the terms and conditions of Google AdWords. Customers can request for changes to their Google AdWords account once per month by sending changes to a customer care representative. PlanMyAds ensures its guarantee of the agreed percentage of key terms on the first page is only applicable at the time your daily budget being refreshed by Google. PlanMyAds reserves the right in its sole discretion to:
- make corrections, improvements, adaptations or any other change in PlanMyAds and to any part thereof and/or to revise or modify these Terms and Conditions of Service.
- change, terminate, remove or cease to provide PlanMyAds, temporarily or permanently to all or any number of users including the use of or access to PlanMyAds, granted to you or to any other user, at any time, without notice, for any or no reason.
- refrain from publishing on this site and delete or remove any web page or information or material provided for display, posted, uploaded or transmitted by any user or part thereof on PlanMyAds.
- establish a new operating and usage policy for PlanMyAds and change it at any time for any reason or no reason
- change, hold, cancel, introduce different options and features to different users or refrain from publishing PlanMyAds numbers or any other details of the users using it at any time.
PlanMyAds offers a free website or website makeover with its Google AdWords package built on the PlanMyAds website tool. This website is to be hosted with PlanMyAds and must adhere to terms and conditions of the website. The website offer is for a maximum of 4 pages built for free within the PlanMyAds website tool, 3 email accounts at your domain name, 4 images per page with 300 words handwritten or 500 words emailed per page. All additional work can be charged at $90 per hour including animation, flash and splash pages.
These Terms and Conditions of Service do not grant to you or any other user any right or license in or to any patent, trademark, copyright or other proprietary rights of PlanMyAds. We may revise or replace these terms and conditions from time to time. You agree that your use of PlanMyAds, beyond a period of 15 days after a notice of such change, shall indicate your consent to the new or revised terms and Conditions of Service.
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