VOUS Digital Marketing

TERMS OF SERVICE​
Please read the terms of this Agreement carefully before accessing or using the Site or the service. By accessing or using the Site or the service, you agree to be legally bound by this Agreement by accepting the services (the “Services”) and paying the subscription fee. Please do not use the Site or the service if you do not agree with this Agreement.

1. The following terms relate to VOUS Digital Marketing services (“the Services”) by “the Company” to the “Client” for the “Website”.
   • Project Revision During Execution: Client agree to send feedback with 3 days of VOUS Digital Marketing team request for revision, in case Client did not reply after one week, Vous Digital Marketing team has the right to put the project on hold until farther notice from Vous Digital Marketing. Client may be charged additional fees if it decides to make changes to the agreed upon project scope and objectives.
   • Assignment of Project: Vous Digital Marketing reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
   • Additional Requirements: Any Additional work required during the contract period, will be charged at hourly rate
   • Guarantee Period: Website is guaranteed for 2 months for all defects.
2. The following terms relate to the management of Google Ads (Adwords) services (“the Services”) by “the Company” to the “Client” for the “Website”.
   • The Company agrees to provide the Client with monthly management of a Google adwords account and will link Keywords to the clients website in order to generate more traffic.
   • The client acknowledges and agrees to keep ahead with all payments, the client will need to add the company as ‘Admin’ onto their current AdWords account.
3. The following terms relate to the management of Facebook Ads services (“the Services”) by “the Company” to the “Client” for the “Website”.
   • The Company agrees to provide the Client with monthly management of a Facebook Ads account to the client’s Facebook Pages in order to generate targeted traffic.
   • The client acknowledges and agrees to keep ahead with all payments, the client will need to add the company as ‘Admin’ onto their current Facebook account.
4. The following terms relate to the supply of Search Engine Optimization (SEO) services which is aimed to enhance the visibility of the Client’s Website on the search engines below-stated (The “Services”) by the “Company” to the Client for its “Website”.
   • The Company herein agrees to provide the Client with the Services and is authorized to use recommended and agreed upon Key Phrases attempting to improve the ranking of and/or positioning of the Website within the Search Engines below-stated.
   • The Client acknowledges and agrees that:
     • If work is delayed through no fault of the Company, no refund or compensation will be offered.
     • In the event that the “Client’ fails to provide the correct access (ftp/Cpanel / CMS and others relevant to the website) logins to the website or communicate around these details within one month of agreeing to these Terms of Service, the Client agrees that the Company will provide onsite as a separate document with instructions for the “Client” or nominated representative such as a developer) to upload.
     • The “Company” guarantees to rank the website for the minimum “Percentage of the Key Phrases on page I of Google (pages from UAE) within the “Milestone” below-mentioned (from initial onsite implementation). In the event that a “Milestone” is not met; the Company agrees to continue to provide the Services free of charge until such Milestone is met.
     • The guarantee above does not apply in the following circumstances: If changes are made to the Website by other parties that adversely affect the search engine rankings of the Website (as determined by the Company); or If the Website is offline due to a reason not caused by the Company.

5. LIMITATIONS OF LIABILITY: In no event are the company or its affiliates liable for any direct, indirect, special, incidental, or consequential, exemplary or punitive damages, lost profits, or losses relating to the use, loss of use or data or your purchase or use of the Services, or from any content posted on the Site by us or anyone else, whether based on negligence or otherwise, and whether or not we have been advised of the possibility thereof, whether arising out of breach of this Agreement any other cause of action relating to the performance or non-performance of this Agreement. In no event will the aggregate of the company and its affiliates liability for any and all of your claims, or any third party claims, against us and our data suppliers, service providers, marketing/distribution software or internet suppliers or hardware or software manufacturers, or suppliers, contractors and licensors, or independent sellers, arising out of or related to, directly or indirectly, the performance or nonperformance of obligations pursuant to this Agreement or by the negligence, active or passive, of the company or its affiliates, or any third party whose goods or services we sell, or your access to or use of or inability to use the Services or Site, exceed the price paid by you to the company hereunder for three months of the most recent term immediately prior to the specific event which gave rise to the applicable damage or loss. You agree that this limitation of liability represents a reasonable allocation of risk. This allocation of risk and the disclaimer of warranties herein are reflected in our prices and are a fundamental element of this Agreement.
6. FORECE MAJEURE: Excluding payment obligations to us hereunder, neither party shall be liable to the other party for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, civil disturbance or commotion, DDOS attacks, disruption of the public markets, failure of third party software or inability to obtain raw materials, supplies or power.  In order to claim force majeure, a party must have made reasonable efforts to avoid the event of force majeure and to limit its impact and duration. This force majeure clause shall also apply to any third party whose services or goods we sell.
7. CHANGES IN TERMS AND SERVICE
   • Changes to Terms: Any changes to this Agreement will be effective upon posting of the revisions on the Site reflecting the new effective date. Your continued use of the service or the Site following the posting of the changes online will constitute your acceptance of such changes. You should frequently review the Agreement (including the effective date) and applicable policies from time to time to understand the terms that apply to your use of the service and/or use of the Site.
   • Service Choices; Change to Service: We maintain complete discretion regarding the design and other elements of the overall Site; however, your specific listing as approved by you will remain as approved throughout the term of your Subscription. Your continued use of the Service following any programming changes will constitute your acceptance of such changes. Subscriptions are available in a variety of “plans”. All plans must be prepaid in accordance with, and any changes to plans may be made pursuant to, the terms of this Agreement. You will not receive any rebates, refunds or credits for a change in Plan that results in a lower cost. If you wish to sign up for one of our premium plans, please contact us and we will advise you of the cost for the change of your Subscription
8. CONTENT: All data, information, visual, oral or other digital material, and all other content of any description available on the Site or included in the Service and/or in the Technology (collectively, the “Content”), and all worldwide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and all other rights in or relating to the Content (collectively, the “Intellectual Property”) are owned by the Company or its affiliates, or are the property of our licensors and suppliers who have given us permission to use it. Neither your access to and use of the Service nor does this Agreement grant you any right, title or interest or license in or to any such Content, and you may not use such Content without the express written permission of the owner(s). For the avoidance of doubt, all photos taken by us and content prepared by us in connection with the Services shall be our Intellectual Property. You may not reproduce, perform, distribute, display any of our Property or create derivative works from the Content during or after the Subscription Term. You may only use the Content and the Intellectual Property, access the Site and use any the Services we provide as expressly permitted in this Agreement and for no other purpose.
9. TERMINATION: In the event that the Client wishes to terminate their Services by the Company, client may opt out of the subscription or service after completing 3 months for Social Media/Google Ads/ Social Media Sponsored Ads and 6 months on SEO service the Client must communicate with a member of the Company’s cancellation team to finalise the cancellation of their Service, payment for Services will continue until this requirement has been met. The Client accepts that this Agreement shall continue for the “Term” from the date of this Agreement. In the event that the Client terminates the Company’s Services within the “Term” from the date of this Agreement, the Client agrees that they shall be liable for and shall pay an additional settlement/exit fee of two months Management Fees, applicable from the date that the request for Cancellation of Services is received by the Company in writing. The Company and the Client agree that all Services will immediately cease upon receipt of any Notice to Terminate and payment of the three month settlement/exit fee must be received by the Company within 5 working days of receipt of such Notice.
10. Management fee will continue for the contract period regardless of status of the campaign.
11. The Client and the Company have agreed that payments shall be made monthly by way of post-dated cheques. The first payment is required to be made on upfront basis for the commencement of the Services. In the event of failed payments, the Client hereto commits to rectify the payment default within 7 calendar days from the due date stipulated on the furnished Invoice and shall be subject to an administrative penalty of AED 100 per failed payment
12. CANCELLATION: You must comply with this Agreement or we may cancel the Service. We reserve the right to suspend or cancel your Subscription at any time if you fail to pay amounts owing to us when due, violate or breach any term of this Agreement, or as otherwise set forth in this Agreement. ALL SUBSCRIPTIONS ARE NONREFUNDABLE, including those paid in installments.
13. THIRD PARTIES: The third party links, services, goods, resources and content available on the service and through links on the Site are not controlled by us. Accordingly, we make no warranties regarding such third-party services, goods, resources, and content, including warranties of fitness for a particular purpose, merchantability and non-infringement. We will not be liable for your access to, use of or downloading of content available on or through, the service or the Site. We are not liable for any direct or indirect damages or losses caused by your use of third-party websites. You assume full responsibility when you choose to follow any links on the Site that lead to third-party websites. Such third parties remain the sole owner of all of their respective trademarks, goods, services, software, source code and all related intellectual property. You are prohibited from, directly or indirectly, reverse engineering, attempting to derive the source code, copying or reproducing any or all of their products or services in any form, removing or using such third party trademarks or intellectual property in any way whatsoever, or removing any legal or other notices contained therein.  If the Services include third party goods or services, such third parties may develop new features, modules or products in the future but such features, modules or products are not part of the Services.  We and such third parties reserve the right to integrate and replace additional third party technologies, as deemed appropriate.
14. MISCELLANEOUS:
    • Customer Care and Contact Information: You may contact Customer Care by calling the contact and number listed on the first page of this Agreement, available from Sunday through Thursday from 8am to 6pm UAE time, except for public holidays in the UAE, or by writing to address and/or email address set forth thereon. In order to cancel your Subscription, you must provide notice in writing in accordance with the terms of this Agreement.
    • Binding Effect: Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator’s decision is final and binding on all parties and may be enforced in any court with jurisdiction without examining the merits of the Claim. Parties agree not to contest or seek court review, appeal or litigation with respect to the Claim or the award.
    • Any disputes or claim arising out of or relating to this Agreement or breach thereof which shall not be resolved through good faith discussions between the parties hereto shall be referred to the Dubai Court to be decided pursuant to the law of Dubai, UAE.
    • The Client and the Company hereto have agreed not to disclose any confidential or proprietary information relating to the trade, business or affairs of either of the parties hereto to any other party hereto including their respective subsidiaries, shareholders, directors, officers or employees except as may be agreed in writing between the parties provided that for the purposes hereof, information which is generally available to the public or otherwise in the public domain shall not be deemed to be confidential or proprietary information. The provisions of the clause abovementioned shall survive termination of this Agreement.
    • Except to the extent and in the manner specified in this Agreement, any modification or amendment of any of the provisions of this Agreement must be in writing and bear the signature of the parties herein.
    • If any provision of this Agreement is determined by a court of competent jurisdiction to be in violation of any applicable law/s or otherwise invalid or unenforceable neither the legality, validity nor enforceability under the laws of any other competent jurisdiction shall be in any way affected or impaired as a result and new provisions shall be included by the parties as required to give effect to the intention of the parties as contemplated by this Agreement.
    • In this Agreement as the context so allows any reference to a “party” or “parties” shall mean the parties to this Agreement unless otherwise specified and the use of the singular shall denote the plural and vice versa.
    • This Agreement sets forth the entire agreement between the parties hereto with respect to the subject matter hereof and merges all discussions between them and supersedes and replaces any and every other agreement, which may have existed between the parties to the extent that any such agreement relates or related to any of the provisions hereof.
    • Full Agreement: This Agreement constitutes the entire agreement between us concerning your access to and use of the Service or Site and may be modified by the unilateral amendment of this Agreement and the posting by us of such amended version. No salesperson or other representative is authorized to change it for you. If any provision is declared by a competent authority to be invalid, that provision will be deleted or modified to the extent necessary, and the rest of this Agreement will remain enforceable. Any specific terms that expressly or by their nature survive termination shall continue thereafter until fully performed. A waiver of any terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
    • Applicable Law: The interpretation and enforcement of this Agreement shall be governed by law of the United Arab Emirates.
15. The Client may not offer any form of employment to VOUS staff whilst using the Company services, or within 12 months of ceasing VOUS’s services.