Terms and Conditions
Last Updated: January 2025
1. Agreement to Terms
Welcome to Precision Marketing Experts ("Company", "we", "our", "us"). These Terms and Conditions ("Terms") govern your use of our website located at your-domain.com (the "Website") and the services we provide ("Services").
By accessing or using our Website and Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Website or use our Services.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website following any changes constitutes acceptance of those changes.
2. Services Description
Precision Marketing Experts provides digital marketing services including but not limited to:
- Search Engine Optimization (SEO)
- Pay-Per-Click (PPC) advertising management
- Social media marketing and management
- Content creation and marketing
- Email marketing campaigns
- Web analytics and reporting
- Digital marketing consulting and strategy
Specific service deliverables, timelines, and pricing will be outlined in individual service agreements or proposals. We reserve the right to modify, suspend, or discontinue any service at any time without prior notice.
3. User Obligations and Representations
By using our Services, you represent and warrant that:
- You are at least 18 years of age or have parental/guardian consent
- You have the legal capacity to enter into binding contracts
- All information you provide is accurate, current, and complete
- You will maintain the accuracy of such information
- Your use of the Services complies with all applicable laws and regulations
- You own or have the necessary rights to any content you provide to us
You agree to provide timely responses, materials, and access necessary for us to perform the Services. Delays caused by lack of client cooperation may affect project timelines and deliverables.
4. Prohibited Uses
You agree not to use the Website or Services to:
- Violate any applicable local, national, or international law or regulation
- Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable material
- Infringe upon intellectual property rights of others
- Impersonate any person or entity or falsely state or misrepresent your affiliation
- Transmit any viruses, malware, or other malicious code
- Engage in unauthorized data collection, scraping, or harvesting
- Interfere with or disrupt the Website, servers, or networks
- Attempt to gain unauthorized access to any portion of the Website
- Use automated systems including bots or scrapers without written consent
- Promote illegal activities, spam, or fraudulent schemes
5. Intellectual Property Rights
5.1 Our Content
The Website and its original content, features, and functionality are owned by Precision Marketing Experts and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
Our trademarks, service marks, logos, and trade dress may not be used without prior written permission. All other trademarks appearing on the Website are the property of their respective owners.
5.2 Client Content
You retain all rights to content you provide to us ("Client Content"). By providing Client Content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing Services to you.
5.3 Work Product
Upon full payment, you will own the final deliverables created specifically for you as outlined in your service agreement. We retain ownership of all preliminary concepts, methodologies, tools, and pre-existing materials used in creating the deliverables.
6. Payment Terms
Payment terms will be specified in individual service agreements. Generally:
- Invoices are due within the timeframe specified (typically 15-30 days)
- Late payments may incur interest charges as permitted by law
- We reserve the right to suspend services for non-payment
- All fees are non-refundable unless otherwise stated in writing
- You are responsible for all taxes related to the Services
- Prices are subject to change with 30 days' notice
Disputed charges must be reported within 30 days of invoice date. Undisputed amounts remain payable.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
The Website and Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that:
- The Services will meet your specific requirements or expectations
- The Services will be uninterrupted, timely, secure, or error-free
- The results obtained from using the Services will be accurate or reliable
- Any errors in the Website or Services will be corrected
IN NO EVENT SHALL PRECISION MARKETING EXPERTS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or use
- Loss of business opportunities or goodwill
- Any damages arising from third-party platforms, software, or services
Our total liability for any claims arising from or related to the Services shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or €1,000, whichever is less.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
8. Indemnification
You agree to defend, indemnify, and hold harmless Precision Marketing Experts and its licensees, licensors, employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of and access to the Website and Services
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property rights
- Any Client Content you provide to us
- Your breach of any representations or warranties
9. Termination
9.1 Termination by Either Party
Either party may terminate service agreements according to the terms specified in the individual agreement, typically with 30 days' written notice.
9.2 Immediate Termination
We reserve the right to terminate or suspend access to our Services immediately, without prior notice or liability, for any reason, including but not limited to:
- Breach of these Terms
- Non-payment of fees
- Fraudulent or illegal activity
- Behavior that damages our reputation or business
9.3 Effect of Termination
Upon termination:
- Your right to use the Services will immediately cease
- You remain obligated to pay all outstanding fees
- We may delete your account and data without liability
- Provisions that by their nature should survive termination will survive
10. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information received during the course of our business relationship. This includes but is not limited to:
- Business strategies and marketing plans
- Financial information
- Customer data and lists
- Technical information and trade secrets
- Any information marked as confidential
This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
11. Third-Party Services and Links
Our Services may integrate with or link to third-party websites, platforms, and services (such as Google Ads, Facebook Ads, analytics tools, etc.) that are not owned or controlled by us.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of any such third-party services.
You are subject to the terms and conditions and privacy policies of those third-party providers when using their services.
12. Privacy and Data Protection
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data collection and use practices.
We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable. You are responsible for ensuring that any data you provide to us, or that we collect on your behalf, is collected and shared in compliance with applicable privacy laws.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Croatia, without regard to its conflict of law provisions.
Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Croatia, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
If you are accessing our Services from outside Croatia, you are responsible for compliance with local laws in your jurisdiction.
14. Dispute Resolution
14.1 Informal Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the dispute informally by contacting us at [email protected].
14.2 Mediation
If the dispute cannot be resolved informally within 30 days, either party may initiate mediation before a mutually agreed-upon mediator in Croatia. The costs of mediation shall be shared equally unless otherwise agreed.
14.3 Litigation
If mediation is unsuccessful, either party may pursue litigation in accordance with Section 13 (Governing Law and Jurisdiction).
14.4 Class Action Waiver
To the extent permitted by law, all claims must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
15. General Provisions
15.1 Entire Agreement
These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and Precision Marketing Experts regarding the use of our Services and supersede all prior agreements and understandings.
15.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
15.3 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
15.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
15.5 Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, war, terrorism, natural disasters, pandemics, or government actions.
15.6 Notices
All notices under these Terms shall be in writing and shall be deemed given when delivered personally, sent by confirmed email, or three days after being sent by registered mail to the addresses on record.
15.7 Language
These Terms are drafted in English. In the event of any conflict between the English version and any translation, the English version shall prevail to the extent permitted by law.
16. Service Level Expectations
While we strive to provide excellent service, we cannot guarantee specific results from marketing campaigns. Marketing outcomes depend on numerous factors including market conditions, competition, budget, product quality, and timing.
We will:
- Provide services in a professional and workmanlike manner
- Use commercially reasonable efforts to meet agreed-upon timelines
- Maintain industry-standard security practices
- Provide regular reporting as specified in service agreements
Website uptime targets and response times for support requests will be specified in individual service agreements where applicable.
17. Changes to Services and Terms
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
We may update these Terms from time to time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last Updated" date. We may also provide notice through the Website or via email.
Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
18. Contact Information
If you have any questions about these Terms, please contact us:
Precision Marketing Experts
Email: [email protected]
Website: your-domain.com
Phone: Available upon request
For support inquiries, please use: [email protected]
19. Acknowledgment
BY USING OUR WEBSITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
If you do not agree to these Terms, you must immediately cease using our Website and Services.
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