TERMS OF SERVICES AGREEMENT
The following Terms of Service govern your use of the Zero Down PPC (“ZD-PPC”) Web Site located at ZeroDownPPC.com, including any services and features available on or through the Web Site such as ppc setup, ppc management and ppc ad creation. The Website is made available by ZD-PPC. We may change the Terms of Service from time to time, at any time, by posting such changes on the Site. BY USING THE SITE AND/OR SERVICE, YOU ACCEPT AND AGREE TO THESE TERMS OF SERVICE AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms of Service, you may not access or otherwise use the Site or our Services.
1.) Services Provided
When can I cancel my services?
You can cancel your service at any time, no questions asked, during the first 30 days of service. After the first 30 days, you just need to give a 15 day notice of cancellation in order to cancel your service.
Do I get to keep my campaign if I cancel service?
If you cancel services during the first 90 days your campaign will be reverted back to it’s original state when we started optimization. After 90 days, the campaign is fully yours and any and all changes we make will remain on your campaign if you were to cancel.
Do I have access to my campaign while you are managing it?
During the first 90 days you will not have access to see your campaign. You will only be given reports that show the progress and the ROI. After 90 days, you will be given read only access to Google AdWords for the duration of the campaign.
What platforms can I advertise on?
For our standard service package, you can only advertise on Google AdWords. Once you pay a minimum of $500 in management fees, you are able to move to any other platforms including Bing, Yahoo, Facebook, LinkedIn and more. And there are no additional setup fees when starting campaigns on new platforms.
What type of reporting do I get?
During the first month of service, you will receive weekly reports showing you a full scope of your entire campaign. After the first month, you will receive monthly reports, around the 1st day of the month.
What type of customer support do I get?
You will have full email support with a certified Google Adwords account manager. They will be able to make any changes to the campaign that you request and will often send you new strategies that they recommend implementing. Once your management fees hit $500, you get expert level phone support as well.
2.) Pricing and Invoicing Terms
What forms of payment do you accept?
We accept all major credit cards. This credit card is used for Google click charges as well as our management fee.
What do I pay for in the 1st Month?
You only pay for click charges the first month. Your first management fee of $250 is not due until day 31 (unless you have cancelled before day 31 in which you will NOT BE CHARGED for management. For click charges, Google will charge your card in increments of $500.
Can I set my own budget?
Absolutely! You determine your daily budget based on your target market and demographic. And budgets can be adjusted any time you’d like. You daily budget consists of the click charges that will occur based on the keywords and settings you determine at the beginning of the campaign.
What are the management fees for you service?
You pay nothing the first 30 days except click charges to Google. For the following months your management fee will be $250 unless you determine you want your budget to exceed $1,500./month. When you decide that, our management fee will increase to 20% of total spend or $250 minimum, whichever is more.
By agreeing to the terms outlined in this TERMS OF AGREEMENT you agree that we may auto-charge your credit card on day 31 and each 30 days thereafter unless 15 days cancellation notice is given at which time we will only charge on a pro-rated basis for the remainder of the 15 days and halt all charges once service ends.
3.) Proprietary Rights
As between you and ZD-PPC, with the exception, in some cases, of Submitted Materials, as defined below in Section 6, we own, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Site, and the look and feel, design, compilation and organization thereof, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant you ownership of any content, code, data or materials that you may access on the Site.
All information you submit to ZD-PPC is held as confidential and is not shared with anyone other than those who will help complete the job you contract us for. All content we provide is considered a “work for hire” and all copyrights belong to you, the client, unless otherwise specified in an agreement between you and ZD-PPC.
ZD-PPC agrees not to reuse or redistribute the content we provided to you as long as you have paid in full for the content. Nonpayment of the agreed on price results in the copyrights belonging to ZD-PPC. We also agree not to reuse the content we provide to you in the same form as provided to you. ZD-PPC cannot be held responsible for similar content appearing anywhere nor can we be responsible for someone else misusing your content. It is your responsibility to police the content and protect your copyrights.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of ZD-PPC and other owners and may not be used unless authorized by the trademark owner. ZD-PPC will enforce its Trademark rights to the fullest extent of the law.
5.) User Information
6.) Submitted Materials
You agree to defend, indemnify and hold ZD-PPC, its affiliates, and its and their directors, officers, employees, trustees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site and/or Services, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of this Terms of Services Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
8.) Orders for Products and Services
We may make certain products available to visitors and registrants of the Site. You may only order products if you are 18 years old or older. You agree to pay in full the prices (and all applicable taxes) for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to ZD-PPC. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
9.) DISCLAIMER OF WARRANTIES
THE SITE AND ITS SERVICES, CONTENT, FUNCTIONS AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT OF INFORMATION ON THE SITE, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, THROUGH OUR BLOG(S)) SHALL CREATE ANY WARRANTY. ZD-PPC ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH ZD-PPC OR ITS AGENTS.
10.) LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ZD-PPC OR ITS AFFILIATES OR ANY OF ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE PROTECTED ENTITIES) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF SERVICE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO ZD-PPC FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.
11.) Applicable Laws and Dispute Resolution
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Terms of Services Agreement and the relationship between you and us shall be governed by the laws of the United States and the State of Texas, without regard to its conflict of law provisions. All parties agree that in the event of any dispute with respect to this Terms of Services Agreement or any respective obligations hereunder, such dispute shall be settled by arbitration in the County of Houston, State of Texas, in accordance with the commercial rules of the American Arbitration Association. Any award rendered by the arbitrators shall be final and judgment may be entered upon it in any court of competent jurisdiction. Our failure to exercise or enforce any right or provision of this Terms of Services Agreement shall not constitute a waiver of such right or provision. If any provision of this Terms of Services Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Terms of Services Agreement remain in full force and effect.
12.) Termination & Refunds
You may cancel at for any reason within the first 30 days of service and will NOT be billed (except for what you are paying Google directly for click charges). Upon entering day 31 of this agreement you must provide ZD-PPC with 15 day’s written cancellation notice. As long as you have been a customer for 90 days (3 paid months not including the free month) we will release the PPC account to you. If you have not remained a customer for 90 days then we will ask that you pay any outstanding debts and we will then delete your PPC account. ZD-PPC may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. We may restrict, impose limits on, suspend or terminate your access to the Site and/or its services or features (e.g., our blog(s)) if we believe you have violated this Terms of Services Agreement or applicable law, or for any other reason without notice or liability. ZD-PPC maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights. “Insolvent” accounts are active accounts that have not paid their monthly invoice within (15) business days from the initial date of insolvency. These “Insolvent” accounts will remain active for (60) days in ZD-PPC’s program, and then they will be terminated. During the (60-day period), ZD-PPC will e-mail the “Insolvent” a minimum of (3) times displaying the outstanding balance based upon the invoices which have not been paid. If correspondence efforts have not been responded to by the “Insolvent” account after the (60-day) period, ZD-PPC will then send the “Insolvent” account to an Independent 3rd Party Collections Agency inclusive of the outstanding balance owed. If the account does not pay the outstanding balance, or comply with the Independent 3rd Party Collections Agency, and then subsequently re-creates a new account, ZD-PPC is permitted to charge the credit card to bring the outstanding balance current, before proceeding with the new account activation. ZD-PPC will utilize it’s proprietary Fraud Prevention System to help identify and detect “Insolvent”, “Terminated” and/or “Fraudulent” accounts from “ZD-PPC’s PPC Service Program”.
21.) Changes to Terms of Service
ZD-PPC reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Service, in whole or in part, at any time. Changes to the Terms of Service will be effective when posted.