I understand that by Signing and Clicking the “Confirm Contract” button, I have read and accepted the terms & conditions stated on this page. The following terms and conditions are applicable for clients that have received an invoice from ClickTitan.
Hereafter, the “person”/”organization”/”Company”/”agency” buying any packages, plans referred in this document as “Services” that includes – UI/UX Design, UI/UX Research, User Testing, Wireframing, Analytics Reports, and any Marketing Services. Any of the direct / redirect / indirect links to this page, URL’s, or Domains will be referred to in this document as “Client”, “you”, “your” and ClickTitan as the “Agency”, “we”, “us” “our”.
This agreement is based on any past, present and or future Services provided by the Agency to the Client. Since the Services offered by the Agency are unique and different from one another, the following terms and conditions apply as per the specific Services purchased and documented in the invoice provided by the Agency. Other than the Common Terms & Conditions, additional conditions will apply based on the Client’s purchase of the invoiced Services. The following terms and conditions are service-specific as per the Client’s purchase of the services documented in the invoice.
COMMON TERMS & CONDITIONS FOR OUR SERVICES
The Client is engaging the Agency as an independent contractor for the specific purpose of the purchased Services. If need be, the Client hereby authorizes the Agency to access their pre-existing accounts allowing “write permission” and authorizes the Agent, Company, Associates and the Account Provider to provide the Agency with permission for the Client’s accounts, and any other login, access information or programs which need to be accessed. The client also authorizes the Agency to use the login information to access any third-party accounts associated with the purchased Services or site from where the Client would like the Agency to access copyrighted text and other technical information, configurations, and content useful in drafting and developing the purchased Services.
- Payment Terms
Unless stated in our quotation or invoice, the Client agrees to pay the Agency full cost upfront for all / any Services. Upon receiving the full payment, and making sure that the Agency has complete access and content from the Client, our drafting and development process will commence. When buying our Services online, the Client is required to pay the full amount upfront through our secure Square gateway. The payment can be made in the form of an online Credit Card Payment, Debit Card Payment, or ACH transfer. The Agency reserves the right to remove all campaigns from the Internet if payment is not made within thirty (10) days after delivery of our completion notification. If a payment delay is anticipated, please contact the Agency to discuss potential problems in advance. If the Client is delinquent in their payment, then proper actions may be taken by the Agency and the account may be handed over to a 3rd party Collections Agency for proper handling and recovery.
The Parties agree that any amendments made to this Agreement must be made in writing and signed by both Parties to this Agreement. As such, any amendments made by the Parties will be applied to this Agreement.
- Ownership and Intellectual Property
The Parties agree that all products created by the Agency will remain the exclusive property of the Client, as long as it is relevant to the performance of the Services set forth in this Agreement.The Agency agrees that any intellectual property provided to him/her by the Client will remain the sole property of the Client, including (but not limited to) copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, Confidential Information, or trade secrets. The Agency will refrain from using such intellectual property upon the termination of this Agreement.
- Third Party Modifications
The Parties hereby agree not to assign any of the responsibilities in this Agreement to a third party unless consented by both Parties in writing.
- Limitation of Liability
The Client agrees that any material submitted for publication will not contain anything leading to abusive or unethical use of the Agency. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of illegal activity, and any infringement of privacy. The Client hereby agrees to indemnify and hold harmless the Agency from any claim resulting from the Client’s publication of material or use of those materials. It is also understood that the Agency will not publish information over the Internet which may be used by another party to harm another. Under no circumstances will either party be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (including breach of contract, tort, negligence, or other form of action)—if said damage is the direct result of one of the party’s negligence or breach.
The Client agrees that it shall defend, indemnify, save and hold the Agency harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees associated with the Agency’s development of the Client’s Services. This includes Liabilities asserted against the Agency, its subcontractors, its agents, its clients, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns. The Client also agrees to defend, indemnify and hold harmless the Agency against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business. Under no circumstances, including negligence, shall the Agency, its officers, agents or anyone else involved in creating, producing or distributing service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Agency records, programs or services. Notwithstanding the above, Client’s exclusive remedies for all damages, losses, and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Client paid during the term of this contract and any reasonable legal fee and court costs.
- This agreement contemplates that all links provided by the Client have been verified and approved for use on the Client’s Services. The Agency takes absolutely NO RESPONSIBILITY in ANY suit(s) that are directed to the Client from links that have not been approved for use on the Client’s account and Services.
All terms and conditions of this Agreement (and any confidential information provided by the Client to the Agency or vice versa) during the term of the Agreement must be kept confidential, unless the disclosure is required pursuant to process of law. Disclosing or using this information for any purpose beyond the scope of this Agreement (or beyond the exceptions set forth above) is expressly forbidden without the prior consent of the Parties. The Parties’ obligation to maintain confidentiality will survive termination of this Agreement and remain in effect indefinitely.
This Agreement can be terminated at any given time by providing a written notice to the other party 30 days prior to terminating the Agreement. This Agreement will automatically be terminated when both Parties complete their obligations.
10. Entire Agreement
This Agreement contains the entire agreement and understanding among the Parties hereto, with respect to the subject matter hereof. It supersedes all prior agreements, understandings, inducements, and conditions (express, implied, oral, written, or of any nature whatsoever with respect to the subject matter hereof). The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
11. Design Criteria
The Client agrees to provide the Agency with related documents such as branding documents, logos, and this may also include an idea, message, text or pictures furnished by the Client to the Agency. Once the design is approved by the Client, any further changes to the campaign will incur an additional cost.
12. Our right to cancel
We reserve all rights to terminate our provision of service to you at any time. In the event of our cancellation, any deposit will be fully refunded.
13. Your right to cancel
You reserve all rights to terminate the provision of our services at any time. In the event of any cancellation on your behalf, all deposit payments are non-refundable.
The term “us” or “we” refers to the owner of the website.
The term “you” refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. When you upload, submit, store, send or receive content to or through our Services, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and developing new ones. This license continues even if you stop using our website/services.
- Consent for Collection, Use, and Disclosure
- Purposes for Collecting Personal Information
We collect and use personal information for the following Identified Purposes:
- To understand customer needs regarding our services.
- To develop and provide our website and our products and services for our customers.
- To fulfill your requests for products, services, or information.
- To communicate with customers and site visitors, when necessary, and to inform customers of upgrades, as well as of other products and services available.
- To allow customers to access limited-entry areas of our site.
- To protect the services, products or rights of – including but not limited to the security or integrity of our website.
- To identify and resolve technical problems concerning our site, products, and services.
We also use personal information in an aggregate form (i.e., not individually attributable to you) for its business analysis, operational, marketing and other promotional purposes.