Terms and Conditions
1. Online Advertising and Marketing Services
DSTN Digital Marketing offers a variety of services to improve a website’s online visibility.By engaging us, you agree to the Terms of Services set forth below.If you have questions,or if we may be of any service, please do not hesitate to contact us.
DSTN Digital Marketing provides search engine marketing,optimization and associated services on a local, national, international basis. As such, we submit inforamtion 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, Facebook, Instagram, Twitter,Pinterest,Linkedin,Youtube,Yandex, SnapChat an other sites.The terms and conditions of these providers all apply. DSTN Digital Marketing will not share your information with any business other than in the courese of securing online advertising and marketing services on your behalf.
2. Advertising Material
DSTN Digital Marketing 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 DSTN Digital Marketing to develop content based on information or material provided by you or your designees and collected by DSTN Digital Marketing including copy, form, size, text, graphic, names, addresess, phone numbers, URLs, logos, trade names, trademarks, service marks, endorsements, photographs or likenesses, and videos. Further, you represent that the material and information you provide to DSTN Digital Marketing is truthful,not misleading, and that you have the authority to represent this product and service information to DSTN Digital Marketing.
Additionally, if so contracted, you authorize DSTN Digital Marketing to contact your customers for the sole purpose of gaining endorsements and reviews of your products and services for publication.Further, articles, press releases, and blog postings will be sent for approval before publishing.The timelinessof these pieces is critical to campaign performence. For this reason, all monthly content will be considered approved one week after the contest was sent for approval unless requseted edits or other communication is received from the client. Finally, you authorize DSTN Digital Marketing to utilize tracking phone numbers, and eve record calls on your behalf, for „customer service“ purposes,and upon automatic notification to all incoming callers on tracking phone numbers if/when that service is contracted. Do mains purchased on your behalf will be released to you within thirty (30) days after service has been terminated.
3. Unacceptable Practices
As DSTN strives to offer the very best service, there are certain guidlines and policies that must govern DSTN efforts and relationships with its client. Practices that are in violation of these guidelines and policies are stricty forbidden and may result in the immediate termination of DSTN services.Such decisions are at the sole discreation of DSTN. Unacceptable practices include,but are not limited to:
- Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
- Sexually oriented products or services (e.g. escort services), or other sexually oriented material
- Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes)
- Lingerie websites
- Offensive or otherwise distasteful material
- Content or language that is harmful to minors in any way
- Bulk emailing tools
- Distribution of internet viruses or other harmful or destructive activities
- Hacking and cracking
- Scams or phishing for personal information
- Solicitation of funds other than for legal charitable organization (exceptions granted on a case-by-case basis at CWS’ discretion)
- 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
- Defamatory, hateful or revenge content or language.
- Aids to pass drug tests or aids to pass lie detector tests.
- Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism,
- Piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties
- MLM without a legitimate product or service, with a front product or service, or where the primary intent is to recruit new members rather than to sell products
- Reverse Funnel Systems
- Cash Gifting
- Illegal drugs or drug paraphernalia
- Alcohol sales
- Tobacco sales
- Miracle cures
- Fake documents
- Fireworks, pyrotechnics, firearms, explosives or weapons.
- Intentional or unintentional violations of any applicable local, state, national or international law.
- Reselling of email accounts or hosting accounts to third parties.
- Reselling of any CWS services including, but not limited to, design services, updates, and WTD to third parties without a written re-seller agreement.
- Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email
- Links to other sites that are in violation of DSTN Digital Marketing’ policies and guidelines
- Other activities, whether lawful or unlawful, that CWS deems to be in poor taste or that reflect adversely on CWS or CWS’ other clients
- Upon the contigency which DSTN Digital Marketing accepts a contract for services on this list, any and all work performed will be compensated regardless of approval by Google, Bing, Yahoo,Yandex or any other outside agency.
You agree to pay DSTN Digital Marketing 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 DSTN Digital Marketing Contract.
DSTN Digital Marketing 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 at the end of each calendar month.
All credit card payments require a 3% to 5% processing fee. If an account becomes 45 days past due, all campaign activities will be paused until payment is made and the account is current. At 90 days past due, the account is to be handed over a collection.
The Client agrees to pay DSTN Digital Marketing compensation for the Services agreed upon between the client and the Company as set out in this agreement and defined in the contract as applicable. Payments shall be made on the final dat of each month for Services rendered by the Company in that month. New contracts that initiate service on any day other than the 1st of the month, will be billed a prorated fee for the remaining days in that month.Invoices are delivered on or about the 15th of each month. Payment by check or credit card is due by the last day of that month(Net 15). Marketing and advertising programs may be paused if paymant has not been made by payment due date; re-initation fees may apply.
The DSTN Digital Marketing Contract specifies the initial term for which program rates will be guaranteed, and will be for no less than twelve (12) months for custom programs. All agreements are auto-renewing at the then published service rates. After the initial agreement period, either party may cancel the program with 30-days written notice ti the other party.
7. Representation and Warranties: Licence 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 inforamtion 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.
Each party warrants that its respective performence 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 pary. You indemnify and hold harmless DSTN Digital Marketing against all costs (including attorney fees), damages and liabilities a rising 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 DSTN Digital Marketing 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 DSTN Digital Marketing makes no specific guarantee or warranty regarding the search providers and publishers to which submits advertising on your behalf, including placement of paid search advertising or any specific results. DSTN Digital Marketing 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. DSTN Digital Marketing does not warrant that the performence will be error-free but immediately act to correct errors once they have been identified.
9.Disclaimer of Warranties
To the maximum extent permitted by applicable law, DSTN Digital Marketing and its suppliers disclaim all warranties not expressly set forth in this document, whether express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to DSTN Digital Marketing Agency.
10. Limitation of Liability and Applicable Law
The maximum aggregate liability DSTN Digital Marketing may have to you will be limited to rhe total amount of fees collected from you. DSTN Digital Marketing will have no liability in connection with the functionality or content of any search provider or internet publisher or website not owned by DSTN Digital Marketing. This agreement shall be governed and constued by the laws of the State of North Macedonia….
11. Force Majeure
Neither you nor DSTN Digital Marketing 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.
DSTN Digital Marketing may Assign, delegate or subcontract any rights or obligations under this Terms and Conditions of Service.
This Terms and Conditions of Service represents the parties’ entire agreement with regart to DSTN Digital Marketing ‘ provision of serivce. Agreement with these terms and conditions is upon sigtanure of DSTN Digital Marketing Contract, and it will be binding upon you and your successors.
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 Statement of Work is signed and/or payment is made.