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Terms & Conditions for PPC Management
A. Meanings & Abbreviations
In this Agreement the following words have their corresponding meanings:
Agreement / Terms and Conditions means your agreement with us as contained in this document (as may be modified from time to time).
Google / Google AdWords / Search Engine means Google and Google AdWords except to the extent that you have specifically instructed us (and we have agreed to) manage your account in relation to a non-Google search engine in addition to (or in substitution of) Google.
I, You, Your / Account Holder means the person or company named as the client in this Agreement and (where applicable) the website or business that you have authority over.
We / OMG means Omaha Media Group LLC 18010 R. Plaza Suite 107 Omaha, Nebraska 68135.
B. Payment Terms
- The Initial Set Up Fee is payable in full before the setup of your Google AdWords/Facebook accounts will begin.
- The weekly Management Fee for your Google AdWords/Facebook advertising account will be charged 7 days after date of sign up. The Management Fee will be charged weekly in arrears. OMG reserves the right to charge the Management Fee weekly in advance at any time by email notice to you a reasonable time before the change occurs.
- OMG will automatically debit your supplied credit card weekly for the weekly Management Fees unless you and we have agreed to charge the Management Fee using a different basis, method and/or timeframe.
- OMG reserves the right to not set up your Google AdWords/Facebook advertising account. At which time you will receive a full refund of all Setup Fees that you have paid. Please note that in all cases where we have already set up your new account there can be no refund of the Setup Fee.
- OMG reserves the right to stop managing your Google AdWords/Facebook advertising account and terminate this Agreement at any time by written (or email) notice to you. If this occurs your OMG weekly management fee will stop at the end the second week after the termination date.
- If you wish to suspend or cancel your OMG management of your AdWords/Facebook advertising accounts at any time then please let us know by phone or email. We will then book a meeting (in person or by phone) with you and one of our team leaders or managers to discuss your requirements, feedback or concerns. If you still want to suspend or cancel after the meeting then your OMG weekly management fee will stop at the end of next two full billing cycles from the date of written notification.
Please note that if you wish to suspend (temporarily pause) your OMG management of your AdWords accounts then your Google advertising must also be suspended/temporarily pause (which we will arrange).
- Upon cancelling OMG management, all amounts owing to OMG will need to be paid in full; any outstanding amounts will be due within 7 business days of cancelation.
- OMG reserves the right to engage a debt collector at your expense if there are any unpaid invoices overdue by 60 days
C. General AdWords/Facebook advertising Terms & Conditions
This is not a fixed-term contract with OMG, however whilst OMG are managing your Google AdWords/Facebook advertising account the following terms and conditions apply:-
- By entering this Agreement with OMG you give us permission to access your Google AdWords/Facebook advertising account for the purposes of optimization and management of your online business.
- OMG will endeavor to set up your AdWords/Facebook advertising accounts as soon as possible, however in some cases it may take up to 5-7 days to complete set up of your new account.
- If we request more information from you for the setup of your new or existing account, OMG will not be held responsible for any delay arising from the need for further information.
- To allow us to finalize strategies started and ensure your account is not negatively affected by “half finished” optimization techniques, we require 2-weeks’ notice to cancel management and billing. We would appreciate the opportunity to discuss your concerns at this time.
- OMG management (with OMG fees) is a separate service from the “per click” fees that Google AdWords/Facebook will charge you. Cancelation of your management does not automatically stop your Google AdWords advertising from running and incurring Google AdWords/Facebook “per click” fees. OMG will not be liable for any amounts that Google AdWords/Facebook charges you following the Facebook of your management with OMG PPC Management. If you wish to cease advertising online at the same time that you cancel your OMG, please notify your Client Manager in writing so that we can cancel your Google Adwords/Facebook advertising as well. Alternatively, you may choose to directly access your own Google Adwords/Facebook advertising account to arrange cancelation.
- For clarity, please note that:
OMG is not Google, Google AdWords, Facebook or Yahoo,
A Google “sponsored link” is a generic term, whereas OMG PPC Management is our business name;
OMG is affiliated with Google by being a “Google Partner”. OMG has no fewer than one staff members who are “Google Certified Individuals”. However despite this affiliation with Google, OMG is a separate entity from Google and Facebook;
Your AdWords /Facebook advertising account/s remain your property. We will work on your AdWords/Facebook advertising account/s, but it/they remain Yours.
- OMG will endeavor to help you obtain your online advertising goals by providing you with advice, information and technical services in relation to Search Engine advertising/marketing. Unless specifically stated to the contrary in this Agreement, OMG do not guarantee any particular rate of return or performance of any online advertising on Google AdWords/Facebook advertising (including but not limited to any particular search results page/s or rankings). We cannot be held responsible for commercial outcomes which are associated with the Internet marketing or management of your Google AdWords/Facebook advertising account for your business and/or websites.
OMG is providing an internet marketing service for a competitive price. OMG is not insuring or underwriting your chosen business model. You acknowledge that internet services are inherently subject to technical failures and disruptions from time to time. To the maximum extent permitted by law:
OMG will not be liable in any way for fines, penalties, taxes (except GST), exemplary/aggravated/punitive damages, liquidated damages, indirect/consequential losses (including loss of contract, loss of production, loss of revenue, loss of profit, lost opportunity costs, and/or other loss not arising naturally and directly according to the usual course of things) or legal costs and expenses (except reasonable legal costs awarded by a court) arising from the subject matter of this Agreement; and
The maximum liability of OMG to you is the lesser of:
(i) the sum of Setup Fees and Management Fees you have paid to OMG ; or
(ii) the cost of re-supplying the online advertising services ; or
(iii) the cost of rectifying the online advertising problem which has caused your loss.
- These Terms and Conditions are governed by the law in force in the State of Nebraska, United States of America, and the parties irrevocably submit to the non exclusive jurisdiction of the courts of Douglas County, Omaha, Nebraska and courts of appeal from them for determining any dispute concerning the Terms and Conditions.
- These Terms and Conditions can be modified at any time by OMG. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website – we will not separately notify you of these changes.
- If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction then such part shall be severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.
- You warrant to Us that you will use the services provided by OMG under this Agreement for business purposes (and not predominantly personal, domestic or household use).
- To the extent that Copyright subsists in any text that We create for Your AdWords account/s pursuant to this Agreement; We assign copyright in such text to You. For the avoidance of doubt, this clause does not assign copyright in any other materials that we may create for you outside the scope of this Agreement.
- You are solely responsible for maintaining the secrecy of your username and password in relation to the Account/Site, and for restricting access to your computer. You are fully responsible for the use of the Account/site under your username and password. In case of breach of security, you must notify OMG immediately of any unauthorized use of your username or password.
D. Facebook specific terms and conditions
- Unless otherwise expressly agreed to between you and OMG, it will be your responsibility to monitor, manage and respond to all commentary on the Facebook Page;
- OMG may at your request setup custom Facebook tabs using our agency account. At the termination of your management agreement with OMG all data and ownership of the custom tabs cannot be transferred. OMG may, on occasion, manage third party applications (including custom tab builders) at your request.