TERMS OF SERVICE

(Updated 7/2/2019)

 

1. Online Advertising and Marketing Services

EmBeance Marketing and Design (EmBeance) offers a variety of services to improve a website’s online visibility. By engaging us, you agree to the Terms of Service set forth below. If you have questions, or if we may be of any service, please do not hesitate to contact us.

EmBeance Marketing & Design (EmBeance) provides paid advertising solutions on Google Ads, Facebook Ads, Instagram Ads, Linkedin Ads, Pinterest Ads, Twitter Ads, and more as well as, search engine optimization and associated services on a local, national and even international basis. In effect, and as a result, our team submits information on your behalf to search providers for whom you must agree to their terms and conditions. These providers may include, but are not limited to: Google, Yahoo, MSN/Bing, ASK, AOL, Marchex, InfoUSA, 411 Directory Assistance, Yellowpages.com, Superpages.com, Yellowbook.com, Yelp, Acxiom, Localeze, TrueLocal, local.com, CitySearch, MagicYellow, Dex, YP.com, iBegin, YellowBot, Insider Pages, MojoPages, Kudzu, Merchant Circle, OnStar, Craigslist, Kijiji, local online newspapers, Facebook, Instagram, Pinterest, Linkedin, YouTube and other sites. The terms and conditions of these providers all apply. EmBeance Marketing & Design (EmBeance) will not share your information with any business other than in the course of securing online advertising and marketing services on your or your businesses behalf.

2. Advertising Material

EmBeance Marketing & Design (EmBeance) has the right to place information pertaining to your business on any of the publisher and search provider websites such as those listed above and you authorize EmBeance Marketing & Design (EmBeance) to develop content based on information or material provided by you or your designees and collected by EmBeance Marketing & Design (EmBeance) including website content, ad copy, form text, size guides, any additional text, images or graphics, names, phone numbers, addresses, URLs, logos, designs, trade names, trademarks, services offered, pricing,, endorsements, testimonials, case studies, reviews, photographs or likenesses, and videos. Further, you represent that the material and information you provide to EmBeance Marketing & Design (EmBeance) is truthful, factual, not misleading, and that you have the authority to represent this product and service information to EmBeance Marketing & Design (EmBeance) and agree to adhere to, comply with, and if not already in compliance, work towards full compliance with all federal and state laws and regulations.  Additionally, if so contracted, you authorize EmBeance Marketing & Design (EmBeance) to contact your customers for the sole purpose of gaining endorsements and reviews of your products and services for publication. Further, any freelancers, team members or other agencies that you bring on for content marketing must run all content past our team of staff prior to publishing any content. This is to prevent content being posted without our approval that we may or may not be held legally liable for, and or that may directly impact any search engine rankings that we do for you. Finally, you authorize EmBeance Marketing & Design (EmBeance) to utilize tracking codes for paid advertising and google analytics on your websites, landing pages, and thank you pages to determine lead flow. Call ads will require a dedicated phone number that is used strictly for call only ads if applicable. If in the event any Domains or Hosting Services were purchased by you but held by our team, they will be added in your name and held on your behalf but, will be released to you within thirty (30) days after service has been terminated.  EmBeance Marketing & Design does not practice the common non release of client material that many other service providers and agencies do. If you buy it, you own it. It’s as simple as that.

3. Unacceptable Practices

As EmBeance Marketing & Design (EmBeance) aims to offer top level service in Digital Marketing and moves forward showing that quality, affordability, and even dedication and loyalty exist, there are certain guidelines and policies that must govern the efforts and relationships with our clients at EmBeance.  Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of services with EmBeance Marketing & Design with no refund being granted (Except unused marketing budgets) on acts that we deem to be intentional if we find out about it. Such decisions are at the sole discretion of Misty Burrell, CEO of EmBeance, and if discovered or uncovered we are held by law to work with regulatory agencies, and law enforcement to cease all assistance to you immediately in many of these cases - see section 2 at the bottom for appropriately related instances where this will be applicable.  Unacceptable practices include, but are not limited to:

Section 1: 

  • Pornographic material including, but not limited to, sexually explicit or suggestive material

  • Nudity (Dragon con, Frolicon, and other like-minded events and convention material (Including Party Material and Ads) can and will still be produced as long as Directors keep the projects classy and professional but still fun) - Body Paint Artists and Modeling Portfolio sites are permitted as well as the projects have been kept classy and do not contain full or partial nudity of the obvious inappropriate body parts - Keep it “street legal” please.

  • Offensive or otherwise distasteful material

  • Content or language that is harmful to minors in any way

  • Solicitation of funds other than for legal charitable organization (exceptions granted on a case-by-case basis at EmBeance’ discretion)

  • Defamatory, content or language including Defamation of current or past clients online.  We believe in a customer service first mentality and all brands and businesses that we work with must be making an active effort to place their customers first, and make customer service their top priority.

  • Aids to pass drug tests or aids to pass lie detector tests.

  • Reverse Funnel Systems

  • Cash Gifting

  • Illegal drugs or drug paraphernalia - We will promote within the Cannabis industry however, your business must be fully compliant, and products or services must be legal within your state, and only be advertising as is legal inside and outside of your state.

  • Alcohol sales promotions - We Do However Work With Restaurants, Bars and Breweries.  

  • Tobacco sales

  • Fireworks, pyrotechnics, firearms, explosives or weapons. 

  • Links to other sites that are in violation of EmBeance Marketing & Design policies and guidelines

  • Other activities, whether lawful or unlawful, that EmBeance deems to be in poor taste or that reflect adversely on EmBeance Marketing & Design or EmBeance’ other clients

Section 2:

Any form of Blackhat marketing what-so-ever is completely out of compliance with our terms of use, and guidelines for clients.  Because EmBeance promotes businesses of value and that have a customer focused value based system it is with that in mind that we say:  If we find out that you or your business are engaging in any form of blackhat or illegal online activity our contract will be effectively over, and we reserve the right to not refund you.  These include but are not limited to the following business practices:

  • Intentional or unintentional violations of any applicable local, state, national or international law.  Our team can help with some compliance related material within financial services and real estate however, we recommend consulting and hiring a compliance attorney to handle this for you and will under no circumstances be held liable for compliance based problems with the FTC, FCC, or any other agency. This is your responsibility as a business to make sure that you are compliant. If we believe that you are not we will tell you, and work with you to try and assist you but, it is your responsibility as a legal business to make sure that you are in compliance with all local, state, federal, and international laws.

  • Illegal activities such as ponzi schemes, pyramid schemes, MLM’s, fraudulent charging of credit cards, Fraudulent Creation Of Documents, Fraudulent Creation Of E-Checks, copyright violations, plagiarism etc…

  • Piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties

  • Any Product Service Or Business that violates the rights of others in any way.

  • Franchises without a legitimate product or service, or that are not presently fully functioning, and in full compliance with all rules, laws, and regulations surrounding Franchise Marketing. If the primary goal is to recruit new members or has a work from home focus, EmBeance will not promote that product or service.

  • Illegal Gambling, gaming, lotteries, and like activities, Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy,  racial, chauvinistic, ethnically offensive, complaint websites, or otherwise objectionable content or language

  • Bulk emailing tools

  • Distribution of internet viruses or other harmful or destructive activities

  • Hacking and cracking

  • Scams or phishing for personal information

  • Fake Documents

  • Fake Reviews

  • Reselling or the actual sale of any accounts that contain prospect, lead, client or any other kind of consumer, employee, or other form of a “list”.

  • Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, text messages and junk emails.  EmBeance will only produce high quality, educational, and value based content for your email marketing campaigns and other forms of content marketing campaigns.  Additionally, A Do Not Call List Needs To Be Agreed Upon and Established In Order For Us To Work With You.

When and If EmBeance Marketing & Design accepts a contract for services on this list, any and all work performed will be compensated by the client regardless of approval by Google, Bing, Yahoo, or any other outside agency.  You understand that our contractual obligations will be set out in the Scope Of Work Document that you receive and no other services from our agency will be provided unless an addendum to the scope of work is sent to you for an additional cost and if it fits into our abilities.

4. Fees

You agree to pay EmBeance Marketing & Design (EmBeance) monthly fees to cover the cost of placing and managing your online advertising & marketing services program up to an amount not to exceed what is stated in your most recent EmBeance Marketing & Design (EmBeance) Scope Of Work. EmBeance Marketing & Design (EmBeance) may change the maximum monthly fees in accordance with procedures established by our search providers and publishers from time to time upon notifications. All monthly fees are due on the 28th of each month for the next month.  If a contract begins at another point in time after the beginning of the month, Monthly services will be due within 3 days of your next billing period.  Weekly fees are due no later than each Thursday and are pre-pay. In the event of a holiday - fees should be paid a day prior however, extensions of this can be granted on a case by case basis without any interruption of services.

5. Payment For Advertising Platforms (PPC Platform Services)

The Client agrees to Pre-pay EmBeance Marketing & Design (EmBeance) compensation for the Services agreed upon between the Client and the Company as set out in this agreement and defined in the Scope Of Work and any contract(s) as applicable. Weekly Payments shall be made by Thursday each week for the following week of services beginning on Monday.  This is to ensure that all platforms are up to date, and have available funds. No Post Pay Plans will be accepted at EmBeance Marketing & Design. No exceptions will be made. If paying via Paypal or Stripe - a 5% Surcharge will be added to your weekly budget to cover the costs of transaction fees, and any remaining amounts will be added to your available balance on your primary platform and primary brand being advertised (where applicable).  Additional options include adding a company or personal credit card to each of your advertising platforms (this information is only used for the platform accounts, and we do not keep a copy of it unless you ask us to). We can additionally help you set up a or several virtual credit cards as needed to help your company track spending while staying safe online.  EmBeance Marketing & Design (EmBeance) values your privacy, and your online safety, and therefore we go to all lengths to safe guard our clients from exposure to ID theft, and credit card theft.

6. Term

The EmBeance Marketing & Design (EmBeance) Scope Of Work Statements & Contract(s) specifies the initial term for which program rates will be guaranteed, and will be for no less than twelve (12) months for our advertising, Content Marketing and SEO programs. All agreements are auto-renewing at the then published service rates most frequently changed in May and or October of each year. After the initial agreement period, either party may cancel the program with a 30-day written notice to the other party unless a clients actions violate our terms of service or terms of use which immediately null and voids any contract that may be in place. In the event of a termination of contract. All remaining advertising balances will be refunded within 30 days and is primarily at the discretion of the advertising program. We will make all efforts to make this a stress free transaction however, it is ultimately up to each of the advertising platforms on an individual basis if and when this becomes applicable.

7. Representations and Warranties; License and Grant of Rights

You represent and warrant that you have and will continue to have the absolute and unrestricted right to publish and use all information you have provided for your advertising programs and that the content does not infringe on the rights of any third party and that it complies with all local, state and federal laws and regulations.

8. Indemnification

Each party warrants that its respective performance of the terms of this agreement will not in any way constitute knowing, intentional infringement or violation of any copyright, trade secret, trade mark, patent, invention or any other nondisclosure rights of any third party. You indemnify and hold harmless EmBeance Marketing & Design (EmBeance) against all costs (including attorney fees), damages and liabilities arising from negligent or intended acts on your part constituting the violation of any copyright, trade secret, trade mark, service mark, patent, invention, proprietary information or nondisclosure rights of any third party. To the full extent of the law, you will pay any expenses or damages to EmBeance Marketing & Design (EmBeance) resulting from claims made by third parties with regard to usage of material you have provided, even after termination of our Agreement.

8. No Guarantees

You acknowledge and agree that EmBeance Marketing & Design (EmBeance) makes no specific guarantee or warranty regarding the search providers and publishers to which it submits advertising on your behalf, including placement of paid search advertising or any specific results. EmBeance Marketing & Design (EmBeance) does not warrant the number of calls, clicks, impressions or website visits or that paid search advertising will appear in response to any particular query. EmBeance Marketing & Design (EmBeance) does not warrant that the performance will be error-free but will immediately act to correct errors once they have been identified.

9. Disclaimer of Warranties

To the maximum extent permitted by applicable law, EmBeance Marketing & Design (EmBeance) and its suppliers disclaim all warranties not expressly set forth in this document, whether express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose, with regard to EmBeance Marketing & Design (EmBeance) services.

10. Limitation of Liability and Applicable Law

The maximum aggregate liability EmBeance Marketing & Design (EmBeance) may have to you will be limited to the total amount of fees collected from you. EmBeance Marketing & Design (EmBeance) will have no liability in connection with the functionality or content of any search provider or internet publisher or website not owned by EmBeance Marketing & Design (EmBeance). This agreement shall be governed and construed by the laws of the State of Georgia. Any claims against this agreement must be made within 6 months from the date of the subject of the claim, and must be made in writing to: EmBeance Marketing & Design (EmBeance), 4913 Sterling Ridge Court, Columbus, GA 31909 Attention:  Misty Burrell. Should a claim arise, you agree to waive a trial by jury and to first seek resolution by arbitration in Muskogee County, Georgia using a mutually agreed upon member of the American Arbitration Association.

11. Force Majeure

Neither you nor EmBeance Marketing & Design (EmBeance) will be in breach of its obligations under these Terms and Conditions of Service (other than obligation to pay monies due) in the event that, for cause(s) beyond reasonable control, each party is unable to perform, in whole or in part, any one or more of its obligations. Such causes will include, but not be limited to governmental regulation, fire or other causality, inability to obtain materials or services, technical failure or difficulties, problems or interruptions of the internet, or any other cause not within the reasonable control of either party.

12. Assignment

EmBeance Marketing & Design (EmBeance) may assign, delegate or subcontract any rights or obligations under this Terms and Conditions of Service as EmBeance deems necessary.

13. Miscellaneous

This Terms and Conditions of Service represent the parties’ entire agreement with regard to EmBeance Marketing & Design (EmBeance)’ provision of services. Agreement with these terms and conditions is upon signature of EmBeance Marketing & Design’ (EmBeance)’s Contract, and it will be binding upon you and your successors.

14. Authority

The person signing the Contract certifies that (s)he is lawfully authorized to purchase services on behalf of your company.

15. Effective Upon Execution

Terms and Conditions are binding on both parties on the date the Scope of Work is signed and/or payment is made.

16 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at EmBeance@Gmail.com.