Terms & Conditions
Please carefully read these Terms and Conditions Agreement (“Agreement”). By engaging Point Teck to provide (“Paid Marketing, Web Development or any Digital Marketing)” services to you, you agree to be bound by the terms and conditions below. If you do not agree with this Agreement, then you may not engage PointTeck to provide Digital marketing services on your behalf.
In consideration for the Paid marketing, Web Development or any Digital Marketing services to be provided by PointTeck, you agree to the following:
POINTTECK is engaged by you to provide PPC, Web Development or any Digital Marketing services on your behalf and you must pay POINTTECK the agreed upon amounts on a monthly basis, or otherwise, for its PPC, Web Development or any Digital Marketing services. This term of this Agreement shall be for such time as the parties may agree from time to time, provided that should you wish to cease utilizing POINTTECK’s services, then you must notify POINTTECK at least 10 days before the current month end. Should POINTTECK wish to cease providing PPC services to you for any reason, then POINTTECK may notify you of this and cease providing services to you.
You agree to engage POINTTECK to provide PPC services to you in an effort to improve your Google search engine results, appearance, online presence. You further agree that to allow POINTTECK to provide its PPC services to you in its sole discretion and agree that as POINTTECK has experience in rendering PPC services that it may use its unfettered discretion to decide upon an PPC strategy for you based, in part, upon your current search result ranks and your competition within the desired search results.
In the event that you request POINTTECK to provide additional PPC, Web Development or any Digital Marketing services beyond those which it would ordinarily provide to its clients, then POINTTECK may, but is not obliged, provide these services but would provide these services at extra cost to you.
POINTTECK will use its prudent efforts to improve PPC performance for you but it is important to understand that POINTTECK cannot guarantee your search engine performance as this performance are ultimately decided only by Google and its applicable algorithms.
You further acknowledge that POINTTECK is not responsible for any negative performance which you or your website may experience which are caused by search engine algorithm change, by improving competitors or by negative PPC attacks or tactics exercised by third parties.
You acknowledge that the nature of the PPC, Web Development or any Digital Marketing services provided and the applicable rates and charges have been communicated to you. You know that POINTTECK reserves the right to change the specified rates and charges from time to time. In the event of any pricing changes, POINTTECK will notify you of same at least 10 days prior to the end of the then-current month.
You agree to pay all applicable monthly fees and other applicable charges to POINTTECK on a monthly basis on the first calendar day of the month (first day of your paying cycle) during which services are to be provided. You further agree that all amounts paid to POINTTECK are non-refundable. All sales are final. Your purchase of any service or package is a legally binding contract for that sale. Once work on any purchased package or service has been initiated, we cannot offer a refund. Please consider this when placing an order. Any outstanding amounts owing to POINTTECK from a previous month are required to be paid on the first calendar day of the next month, failing which POINTTECK reserves the right to withhold or cancel its services to you.
- Limitation of Liability
POINTTECK will endeavor to render its PPC, Web Development or any Digital Marketing services to you in a prudent and professional manner. However, in no event shall POINTTECK be responsible for any direct, indirect, special, exemplary or consequential damages (including but not limited to procurement or substituted services or products; loss of business, revenues or profits; loss of goodwill or reputation; business interruption however caused and on the basis of any cause of action).
- Jurisdiction and Attornment
The parties agree that this Agreement and any and all disputes between the parties shall be governed in accordance with the laws of the Province of India, and attorn to the jurisdiction of the Province of India, in connection with any disputes which may arise between them.
- Entire Agreement
This Agreement constitutes the entire agreement between the Parties and sets out all the covenants, promises, warranties, representations, conditions and agreements between the Parties in connection with the subject matter of this Agreement and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, pre-contractual or otherwise. There are no covenants, promises, warranties, representations, conditions, understandings or other agreements, whether oral or written, pre-contractual or otherwise, express, implied or collateral between the Parties in connection with the subject matter of this Agreement except as specifically set forth in this Agreement and any document required to be delivered pursuant to this Agreement. This clause does not apply to POINTTECK with respect to its pricing, services and policies as they may change from time to time and you agree to this provided that you are advised of same in writing at least 10 days prior to the start of the next calendar month in which the changes are to take effect.
Any notice required or permitted to be given by POINTTECK to you shall be deemed to have been received by you if sent to you by e-mail to the e-mail address which you have provided us with in our written communications. Any notice required to be given by you to POINTTECK shall be deemed to have been received if sent by you to firstname.lastname@example.org.
- No Agency Relationship
Nothing contained in this Agreement shall be interpreted as making any agency, partnership, or other form of joint establishment between the parties hereto. Each party shall make sure that no representations are made to the opposite of this effect, either specifically, unconditionally, by appearance or otherwise.
The failure of POINTTECK to require your performance of any provision hereof shall not affect the full right to require such performance at any time afterward nor shall the waiver by POINTTECK of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
- Term of Use