terms of conditions - Agency click

Interpretation and Definitions

Interpretation
The capitalized terms in these Terms and Conditions shall have the meanings defined in the following sections. These definitions shall retain the same meaning regardless of their use in the singular or plural form.

Definitions
For the purposes of these Terms and Conditions:

Affiliate means any entity that controls, is controlled by, or is under common control with a party, where “control” refers to the ownership of 50% or more of the shares, equity interests, or other securities entitled to vote for election of directors or other governing authority.
Account means a unique account created for you to access our services or specific parts of our services.
Country refers to the United Kingdom.
Agency (referred to as either “the Agency,” “We,” “Us,” or “Our” in this Agreement) refers to Agency Click,
Content refers to all content including text, images, and other information that can be posted, uploaded, linked to, or otherwise made available by you, in any format.
Device means any device that can access the service, including computers, smartphones, and digital tablets.
Feedback means any feedback, innovations, or suggestions you provide regarding the features, performance, or attributes of our services.
Free Trial refers to a limited period of time during which you may access a service at no cost when subscribing.
Services refer to the various offerings provided by the Agency through the website.
Subscriptions refer to the services or access to the services offered on a subscription basis by the Agency to you.
Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between you and the Agency regarding your use of the services.
Third-party Social Media Service refers to any services or content (including data, information, products, or services) provided by third parties that may be displayed, included, or made available through the service.
Website refers to Agency Click, accessible from https://agency-click.com.
You refers to the individual accessing or using the services, or the company or other legal entity on behalf of which such individual is accessing or using the services, as applicable.

Acknowledgment

These Terms and Conditions govern your use of the services and constitute the agreement between you and the Agency. They outline the rights and obligations of all users regarding the use of the services.

Your access to and use of the services are contingent upon your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the services.

By accessing or using the services, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, you may not access the services.

You represent that you are over the age of 18. The Agency does not permit individuals under 18 to use the services.

Your access to and use of the services are also conditioned on your acceptance of and compliance with the Agency’s Privacy Policy. Our Privacy Policy describes our policies and procedures regarding the collection, use, and disclosure of your personal information when you use the application or website and informs you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our services.

Placing Orders for Services

By placing an order for services through the website, you warrant that you are legally capable of entering into binding contracts.

Static and Dynamic Content Editing
If you wish to place an order for services available on the website, you may be asked to provide certain information relevant to your order, including, but not limited to, your name, email address, phone number, payment details, and any necessary information related to the service requested.

You represent and warrant that: (i) you have the legal right to use any payment method in connection with your order; and (ii) the information you provide to us is true, accurate, and complete.

By submitting such information, you grant us the right to share the information with third-party payment processors for the purpose of facilitating your order.

Order Cancellation

We reserve the right to refuse or cancel your order at any time for specific reasons, including but not limited to:

Service availability
Errors in service description or pricing
Errors in your order

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any services you purchase can only be canceled in accordance with these Terms and Conditions and our Cancellation Policy.

Our Cancellation Policy is part of these Terms and Conditions. Please read our Cancellation Policy to learn more about your rights to cancel your order.

Your right to cancel an order applies only to services that are canceled before they are executed. Once services have commenced, cancellation may not be possible.

We will reimburse you no later than 14 days from the date we receive your cancellation request, using the same payment method you used for the order, without incurring any fees for such reimbursement.

You will not have any right to cancel an order for the following:

Services that are customized or tailored to your specifications.
Services that, by their nature, cannot be returned or have a rapid deterioration.
Services that are not suitable for return due to hygiene or health reasons once the service has commenced.

Availability, Errors, and Inaccuracies

We continually update our service offerings on the website. Services available on our website may be mispriced, described inaccurately, or unavailable. We may experience delays in updating information regarding our services on the website and in our advertising on other platforms.

We cannot guarantee the accuracy or completeness of any information, including prices, service descriptions, and availability. We reserve the right to change or update information and correct errors, inaccuracies, or omissions at any time without prior notice.

Pricing Policy

The Agency reserves the right to revise its pricing at any time prior to accepting an order.

The prices quoted may be revised by the Agency after accepting an order due to any occurrence affecting delivery caused by government action, variation in duties, increased service fees, foreign exchange rate changes, or any other matter beyond the Agency’s control. In such an event, you will have the right to cancel your order.

Payments

All services purchased are subject to a one-time payment. Payment can be made through various methods we have available, such as credit cards (Visa, MasterCard, American Express) or online payment methods (e.g., PayPal).

Payment methods are subject to validation checks and authorization by your payment provider. If we do not receive the necessary authorization, we will not be liable for any delay or non-delivery of your order.

Subscriptions

Subscription Period
Certain services or portions of the services are available only through a paid subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually), depending on the type of subscription plan you select at the time of purchase.

At the end of each subscription period, your subscription will automatically renew under the same conditions unless you cancel it or the Agency cancels it.

Subscription Cancellations
You may cancel your subscription renewal through your account settings or by contacting the Agency. You will not receive a refund for the fees already paid for your current subscription period, and you will have access to the services until the end of your current subscription period.

Billing
You must provide the Agency with accurate and complete billing information, including your full name, address, telephone number, and valid payment method.

If automatic billing fails for any reason, the Agency will issue an electronic invoice indicating that you must proceed manually with the full payment for the billing period as indicated on the invoice.

Fee Changes
The Agency may modify the subscription fees at its discretion at any time. Any changes to subscription fees will take effect at the end of the current subscription period.

The Agency will provide you with reasonable prior notice of any fee changes to give you the opportunity to terminate your subscription before the changes take effect.

Your continued use of the services after the fee change indicates your agreement to pay the modified subscription fee.

Refunds
Except as required by law, paid subscription fees are non-refundable.

Certain refund requests for subscriptions may be considered by the Agency on a case-by-case basis and granted at the Agency’s sole discretion.

Free Trial
The Agency may offer a subscription with a free trial for a limited period at its discretion.

You may be required to enter your billing information to sign up for the free trial.

If you provide your billing information when signing up for a free trial, you will not be charged until the free trial expires. On the last day of the trial period, unless you cancel your subscription, you will be automatically charged the applicable subscription fees for the selected plan.

The Agency reserves the right to modify the terms and conditions of the free trial offer or cancel the offer at any time and without notice.

Refund and Chargeback Terms

Terms for Service Refund: Customers who are dissatisfied with their initial purchase of a service have the option to cancel within 30 days from the order date, referred to as the “Refund Period.” During this time, customers are entitled to a refund of the unused, pre-paid portion of their subscription fees. However, it’s important to note that this refund policy is only applicable to the first purchase. Subsequent orders, upgrades, or renewals are excluded from this refund policy. The company emphasizes that it is not liable for any fluctuations in currency or any third-party fees associated with transactions, such as wire transfer fees.

Beyond the Refund Period, subscription fees are considered non-refundable and non-cancelable. The company reserves the right to deny a refund if there is any suspicion of bad faith or attempts to avoid payment for services that have already been utilized. If a customer initiates a termination within this section, all remaining payments become due immediately.

Exceptions for Non-Refundable Services: Certain services will be explicitly labeled as non-refundable. Customers should be aware that in these cases, they are not entitled to any refunds, nor is the company obligated to provide one. This clause is crucial for ensuring transparency regarding which services may not qualify for refunds, thereby setting clear expectations for customers before they complete their purchases.

Policy on Chargebacks: A recorded decline, chargeback, or rejection of any payable subscription fees is classified as a “Chargeback.” Such actions are treated as a breach of the customer’s payment obligations, which may lead to the suspension or termination of the service provided to the customer. To reinstate service after a chargeback, the customer must re-subscribe and pay all outstanding subscription fees, including any costs and fees incurred by the company or third parties due to the chargeback. This policy underscores the importance of fulfilling payment obligations to maintain uninterrupted access to services.

Promotions

Promotional offers made available through the service may come with their own set of rules and regulations. It is essential for participants to review the specific rules related to any promotions, as these may differ from the standard terms outlined in the general terms and conditions. In cases where there is a conflict between the promotional rules and the main terms, the promotional rules will take precedence.

Customers are encouraged to read and understand the applicable rules thoroughly before participating, as this will help them make informed decisions and avoid any misunderstandings regarding their rights and obligations in relation to promotions.

User Accounts

When a user creates an account with the company, they are required to provide accurate, complete, and up-to-date information. Failure to do so is considered a breach of the terms, which may result in immediate termination of the user’s account on the service. It is crucial for users to ensure that the information provided during the account creation process remains accurate to prevent any disruption in service.

Users bear the responsibility of safeguarding their account password and must take care to protect their password from unauthorized access. Any activities or actions taken under the user’s account, whether performed by the user themselves or by any third party using the account, are the responsibility of the user. Therefore, users should refrain from sharing their passwords with anyone else and must notify the company immediately if they become aware of any breach of security or unauthorized use of their account.

Furthermore, users are prohibited from using a username that is associated with another person or entity without proper authorization, nor can they use a name that is considered offensive, vulgar, or obscene. This restriction is in place to maintain a respectful and safe environment within the service.

Content

Your Right to Post Content: The service allows users to post content, and it is the user’s responsibility to ensure that the content they post is legal, reliable, and appropriate. By posting content to the service, users grant the company the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such content across the platform. This means that while users retain ownership of their content, they allow the company to use it as necessary to provide services to themselves and other users.

Users also must represent and warrant that the content they post is either owned by them or that they have the necessary rights to use it and grant the company the rights outlined in these terms. Additionally, the posting of content must not infringe upon the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any individual.

Content Restrictions: The company explicitly states that it is not responsible for the content posted by users. Users understand that they are solely accountable for their content and any activities that occur under their account. As such, users may not transmit content that is unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable.

Examples of objectionable content include, but are not limited to:

Unlawful Activity: Content promoting illegal activities or actions.
Discriminatory Content: Content that is defamatory, mean-spirited, or discriminatory against individuals or groups based on religion, race, sexual orientation, gender, or national/ethnic origin.
Spam and Unauthorized Solicitation: Any form of unsolicited advertising, chain letters, or gambling content.
Malicious Software: Content containing viruses, malware, or harmful components aimed at disrupting or damaging software or hardware.
Intellectual Property Infringement: Content that infringes upon the proprietary rights of any party, including copyright, trademark, or trade secret violations.
Impersonation: Misleading others by pretending to be another person or entity, including employees or representatives of the company.

The company reserves the right, although not the obligation, to determine whether any content posted complies with these terms. It may refuse to allow the posting of certain content or remove existing content at its discretion. If a user posts objectionable content, the company has the right to limit or revoke the user’s access to the service.

Content Backups: Although the company conducts regular backups of user content, it does not guarantee that there will be no loss or corruption of data. Various factors, such as corruption prior to backup or changes made during the backup process, may lead to issues with the integrity of backup data. While the company will attempt to support users in resolving known issues, it cannot be held liable for the integrity of the content or for any failures to successfully restore content to a usable state. Users are encouraged to maintain their own copies of important content independent of the service to ensure its availability.

Copyright Policy

Intellectual Property Infringement: The service allows users to post their content; thus, users are accountable for ensuring the legality and appropriateness of the material they post. If a user is a copyright owner, or authorized on behalf of a copyright owner, and believes their work has been copied in a way that constitutes infringement, they must submit a notice to the company’s copyright agent via email. The notice must include detailed information about the alleged infringement, such as:

An electronic or physical signature of the authorized person.
A description of the copyrighted work that is claimed to be infringed, including a URL where the original work can be found.
Identification of the URL on the service where the infringing content is located.
The user’s contact information.
A statement of good faith belief regarding the unauthorized use.
A statement made under penalty of perjury that the information in the notice is accurate.

Users should be aware that they may be held accountable for damages if they misrepresent that any content infringes their copyright.

DMCA Notice and Procedure: To report copyright infringement under the Digital Millennium Copyright Act (DMCA), users should provide the necessary information as outlined. Upon receipt of a valid notification, the company will take appropriate action, which may include removing the challenged content from the service.

Intellectual Property

The service, along with its original content (excluding user-provided content), features, and functionalities, remains the exclusive property of the company and its licensors. The entire service is protected by copyright, trademark, and other intellectual property laws both domestically and internationally. Users are expressly prohibited from using the company’s trademarks and trade dress in connection with any product or service without prior written consent. This clause is crucial in protecting the company’s brand and ensuring that its intellectual property is not misappropriated by others.

Your Feedback to Us

When users provide feedback, suggestions, or ideas regarding the service, they assign all rights, title, and interest in that feedback to the company. This means that the company can freely use, reproduce, disclose, sub-license, distribute, modify, and exploit such feedback without any restrictions. Users should be aware that any feedback they provide becomes the property of the company and can be used as deemed appropriate.

Links to Other Websites

The service may contain links to third-party websites or services that are not owned or controlled by the company. The company disclaims any responsibility for the content, privacy policies, or practices of any third-party sites. Users acknowledge and agree that the company shall not be held responsible for any damage or loss that may result from using or relying on such third-party content, goods, or services. Users are strongly encouraged to read the terms and conditions and privacy policies of any third-party websites they visit to understand their rights and obligations.

Termination

The company reserves the right to terminate or suspend a user’s account immediately and without prior notice for any reason, including a breach of the terms and conditions. Once terminated, a user’s right to use the service ceases immediately. If a user wishes to terminate their account, they can simply discontinue using the service. It’s important for users to understand that termination may result in the loss of all content associated with their account, including data and user-generated content.

Limitation of Liability

Under no circumstances shall the company or its affiliates be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from or relating to the use of, or the inability to use, the service or any products or services obtained through the service. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses. The company’s total liability to a user for all damages, losses, and causes of action shall not exceed the amount paid by the user, if any, for using the service during the period of the service or $100, whichever is less. This clause limits the company’s financial exposure in the event of a dispute.

Disclaimer of Warranties

The service is provided on an “as-is” and “as-available” basis without any warranties of any kind. The company makes no representations or warranties regarding the completeness, security, reliability, quality, or availability of the service. Users understand and agree that they are using the service at their own risk and that the company shall not be responsible for any damages arising from their use of the service.

Governing Law and Dispute Resolution

These terms shall be governed by and construed in accordance with the laws of the jurisdiction specified by the company. Any disputes arising from these terms shall first be addressed through informal negotiation. If the parties are unable to resolve the dispute informally, they agree to submit to binding arbitration in accordance with the rules of the specified arbitration body. This clause aims to provide a streamlined method for resolving disputes without resorting to litigation, which can be costly and time-consuming.

Severability and Waiver

If any provision of these terms is found to be invalid or unenforceable by a court of law, the remaining provisions of the terms shall remain in effect. The company’s failure to enforce any right or provision of the terms shall not be deemed a waiver of such right or provision.

Changes to Terms

The company reserves the right to modify these terms at any time. Users will be notified of any significant changes via email or through a notice on the service. Material changes will become effective 30 days after the notice is sent. By continuing to use the service after changes become effective, users accept the new terms.

Contact Information

For any questions regarding these terms or for support, users may contact the company through the designated email address or visit the help page on the website. It is vital for users to ensure that their inquiries are directed to the correct contact point to facilitate timely and effective responses.

Support@agency-click.com

Agency-click.com/help