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Terms and Conditions of Service
The following agreement ("Agreement") contains the complete terms and conditions that will apply between you ("Customer") and Client Digger ("Client Digger"), if all of the following conditions are met: (1) Customer has read and agrees to the terms and conditions of the Agreement and indicates acceptance of the terms and conditions of the Agreement by clicking "I Agree" on the Order Page; (2) customer fully and correctly submits all information requested on the Order Form; and (3) proper payment is submitted. This Agreement shall become effective when the first payment is received and accepted by Client Digger.1. MARKETING SERVICES
Client Digger agrees to manage Customer's online advertising accounts, including but not limited to Google Adwords, for a fee. Client Digger's fee is in addition to Customer's advertising costs. There is NO GUARANTEE on the number of conversions produced by visitors, as the guarantee of such is not possible. There is NO GUARANTEE against fraudulent clicks, as the prevention of such is not possible.
2. FEES
A. Fees - In consideration of Marketing Services, Customer will pay to Client Digger all fees due according to the prices and terms listed in the order invoice. All sales are final, and Client Digger offers no partial or full refunds.
B. Change in Fees - Client Digger may change its fee schedules on thirty (30) days notice by postal mail, electronic mail, or by posting on clientdigger.com. Upon such notice, Customer shall have fourteen (14) calendar days prior to the effective date of the fee schedule to notify Client Digger should you not agree to such rate increase and that Customer wishes to terminate this Agreement.
C. Billing - Client Digger offers billing via credit card or debit card charge only. All initial fees must be paid prior to services rendered. Our billing cycle begins on the day we setup your account, and is due on that day each month thereafter. Client Digger attempts to automatically charge credit card on file for any past due invoice for current, suspended and cancelled accounts. Accounts suspended and reactivated must pay all past due and current amounts. Accounts past due over 30 days cannot be reactivated.
D. Taxes. All fees charged by Client Digger for the Marketing Services are exclusive of all taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Marketing Services, all of which Customer will be responsible for and will pay in full, except for taxes based on Client Digger's net income. If Client Digger is required to pay directly any such taxes, Customer will, upon receipt of Client Digger's invoice, promptly reimburse Client Digger for any such taxes paid by Client Digger.
3. ACCOUNT TERMINATION OR CANCELLATION
To cancel your account, you must contact Client Digger via phone or email with your request. To ensure that you are not billed for another month of service, you must cancel your account before your billing cycle due date. All accounts requesting cancellation are terminated on the last day of your billing cycle. All billing correspondence [invoices, notifications, etc] is done via email. It is crucial that you maintain a current email address with us.
Upon canceling an account, Customer does not gain ownership of keywords, copy, or settings of the campaigns managed on Customer's behalf. Nor is Customer privy to view or examine said information therein. All online advertising creatives shall remain the intellectual property of Client Digger. In the event Customer gives an existing Adwords account that is to be maintained by Client Digger, either the original, or a copy of that campaign will be returned to Customer in the same condition it was received (prior to any changes made by Client Digger).
Each Party shall have the right to terminate this Agreement upon Fifteen (15) days prior written notice if the other Party is in material breach of any term of this Agreement, including without limitation the payment of monies, and the breaching Party fails to remedy such breach within the fifteen day notice period.
4. CUSTOMER'S INDEMNIFICATION
Customer shall indemnify and hold harmless Client Digger from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to Customer's provision, or an end user's use, of Customer's Content, or any act, error, or omission of Customer in connection therewith, including but not limited to matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property or other right; or violation of any applicable law.
5. WARRANTIES
Each party warrants and represents to the other party that it has the complete right to enter into and perform its responsibilities under this Agreement.
A. DISCLAIMER OF WARRANTIES
THE FOREGOING WARRANTIES ARE MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES AND DELIVERABLES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND CLIENT DIGGER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR CLIENT DIGGER ANY OTHER LIABILITY IN CONNECTION WITH ANY SERVICES PROVIDED UNDER THIS AGREEMENT. CLIENT DIGGER DOES NOT WARRANT THAT THE SERVICES OR DELIVERABLES PROVIDED WILL BE ERROR FREE.
B. LIMITATION OF LIABILITY
CLIENT DIGGER ASSUMES NO RESPONSIBILITY WITH RESPECT TO CUSTOMER'S OR END USER'S USE OF THE SERVICES AND SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF CLIENT DIGGER IS AWARE OF THE POSSIBILITY THEREOF.
C. NO ASSIGNMENT BY CUSTOMER
Customer may not assign this Agreement without the prior written consent of Client Digger, which Client Digger may refuse in its sole discretion. Any attempt by Customer to assign this Agreement without prior written permission shall be deemed null and void. Client Digger may assign this Agreement, which shall be effective upon written notice provided to Customer.
6. TRADEMARKS & COPYRIGHTS
All product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g. all capital letters), (collectively, "Marks") are trademarks owned by or licensed (in fact or implied) to Client Digger unless otherwise noted.
The Marks on this website are variously protected by the laws of the United States and other countries of operation foreign to the United States. No use of any of these may be made without the prior, written authorization of Client Digger, except for the sole purpose of identifying the services originating from Client Digger.
All materials posted on this site, unless otherwise identitifed, are owned by Client Digger and subject to copyright and all such rights reserved. The logos, text, audio, or video appearing on this site may not be used in any publication without our prior express written permission. Please e-mail requests using our contact form.