KickAdz Inc Website Terms & Conditions
These terms and conditions outline the rules and regulations for the use of KickAdz Inc Website.
is located at:Lehi, UT
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use KickAdz Inc website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, and/or it’s licensors own the intellectual property rights for all material on KickAdzMedia.com. All intellectual property rights are reserved. You may view and/or print pages from https://kickadzmedia.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from https://kickadzmedia.com
- Sell, rent or sub-license material from https://kickadzmedia.com
- Reproduce, duplicate or copy material from https://kickadzmedia.com
Redistribute content from (unless content is specifically made for redistribution).
- This Agreement shall begin on the date hereof.
- Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of , its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
- reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
- You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
- You hereby grant to a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Credit & Contact Information
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KickAdz Inc Services Terms & Conditions
These TERMS AND CONDITIONS OF SERVICE AGREEMENT (these “Terms and Conditions”), including Service Specific Terms and Conditions set forth at http://kickadzmedia.com/terms-and-conditions and incorporated by
reference (“Service Specific Terms and Conditions”), together with the Statement of Work executed and attached hereto as Exhibit A (the “Statement of Work”), and any additional Statements of Work any other
exhibits, schedules, and addenda attached hereto or to the Statement of Work (the “Master Service Agreement”) made and executed by and between KickAdz Inc., a Utah corporation (“KickAdz Inc.”), and the Customer
identified on the Statement of Work (the “Customer”). By executing the signature page to the Statement of Work, and in consideration of the mutual promises, and upon the terms and conditions set forth below and in the
Statement of Work and intending to be legally bound, KickAdz Inc. and Customer hereby agree as follows:
- “PPC Campaign” means pay per click (ppc) or pay per thousand impression (cpm) internet advertising displays purchased from the ad exchange through a publisher, used to direct traffic to the customer’s websites or social media.
- “PPC Services” means recommended search engine advertising enhancements and internet advertising purchases from a publisher designed to manage a PPC Campaign.
- “Publisher” means any online platform that facilitates the purchasing and distribution of online advertisements such as Google, Bing, Simpli.Fi, or other Social Media.
- “Social Media” means any online presence representing the customer such as Facebook, Twitter, Pinterest, YouTube, Amazon, Reddit, Instagram, LinkedIn, and any other like service.
- “Billing Cycle” means the period of time between billing dates, irrespective of the effective date.
- “Billing Date” shall mean the tenth (10th) day of each month during the term of this service agreement.
- “Consulting Fees” means a fee equal to the hourly rate set forth in the statement of work multiplied by the amount of time expended by KickAdz Inc. billed in increments of one half of an hour, with a minimum charge of $50 for any consulting services requested by the customer.
- “Consulting Services” means research, strategy conferences or other advice provided by KickAdz Inc. at the request of the customer relating to PPC services, website optimization, Ecommerce web sales, Google Tag Manager and the like as more particularly set forth in the statement of work or any addendum thereto.
- “Customer” means the party identified in the statement of work purchasing PPC services from KickAdz Inc.
- “Due Date” shall mean the tenth (10th day) of each consecutive month during the term of the service agreement. If the tenth (10th) of the month shall fall on a Saturday, Sunday or federal holiday, then payment shall be due on the next business day immediately thereafter.
- “Effective Date” shall mean the date the last of the parties signs the service agreement.
- “Set Up Fees” has the meaning set forth in the statement of work and any schedules attached thereto.
- “Statement Of Work” means the document(s) attached hereto as exhibit a and incorporated herein by reference, for all purposes.
- “Term” means one consecutive month(s) measured from the effective date or from the effective date of any permitted amendment to the service agreement.
- “Late Fee” means a fee equal to ten percent (10.00%) Of any monthly service fee that has not been tendered on or before the past due date.
- “Service Fee” has the meaning set forth in the statement of work and any schedules attached thereto and includes, however, is not limited to, fees for ppc services and consulting services.
- “Past Due Date” means two business days after the due date of each month during the term of the service agreement.
3) SCOPE OF USE
3.1 Scope of PPC Services and Consulting Services
The basic parameters of the PPC Campaign are as follows: in general, internet users type a query or query string into a search engine or are targeted based on demographics or location. Paid search ads are triggered from matching keywords, demographics or location in paid search accounts which can be purchased in an auction model from the ad exchange through an ad publisher such as Google, Bing or other Social Media. The placement and position of the ads are determined by both the maximum bid payment and the publishers perceived relevance of showing the ad to the user. When a user clicks on the ad, a charge is incurred and the user is directed to the Customer’s website or Social Media.
3.2 Service Fee Rate
KickAdz Inc. Unless otherwise stated in an addendum to this service agreement. Service and Setup Fees are subject to reevaluation at the end of the calendar year following the Customer signing of this service agreement. At which time a new service agreement will be drafted.
4) RESPONSIBILITIES OF CUSTOMER
4.1 Responsibility for Content
KickAdz Inc. will facilitate and manage the PPC Campaign but the Customer assumes full and sole responsibility and legal liability for any and all of Customer’s content, including without limitation, (i) all ad content, ad information, ad targeting options and keywords and ad URLs; and (ii) the content, links, landing pages and availability of the web sites.
4.2 Setup Fees and Service Fees
Customer shall pay KickAdz Inc. the Setup Fees. Similarly, the Customer shall pay the Monthly Service specified in the Statement of Work on or before the Due Date. Except as otherwise set forth in Statement of Work, all fees and charges shall be paid in U. S. Dollars. Payment of the Set Up Fee is due, in full, simultaneously with the Customer’s tender of the Customer’s signed Service Agreement and in no event later than the Effective Date. The Service Fee is due and payable on the Due Date. There is no grace period. If payment of the Service Fee has not been received by KickAdz Inc. on or before the Past Due Date, a Late Fee is due and payable to defray KickAdz Inc.’s additional administrative costs associated with such late payment. All amounts remaining unpaid after the Past Due Date, shall accrue interest from the original Due Date of such payment until paid in full at a rate equal to the lesser of 1.5% per month or the highest contract interest rate allowed by law, from the original Due Date due until paid in full. Unless otherwise agreed to in writing by the Parties, all fees be paid by the direct debit of an account designated by Customer. If the Customer elects to use the APS payment portal online, there is no processing fee due to the Service Fee unless the Customer elects to use a Credit Card. A sample of the APS Authorization for Automated Payments is attached hereto for the Customer’s convenience. Prior to the Effective Date, Customer shall provide KickAdz Inc. the account information and approvals required to set up and authorize the debit or charging of the Customer’s preferred method of payment account. If the funds in such account are insufficient to cover all fees then due or there is insufficient credit available at the time the charge for the Monthly Service Fee are processed, KickAdz Inc. may assess an additional fee equal to 2.00% of the total fees then due as a penalty and immediately send a paper invoice and charge all fees associated with paper invoices as set forth below. If the Customer requests the delivery of a paper invoice via U.S. Mail and requires the ability to pay such invoices via paper check or purchase order, the additional Invoice fee of 2.75% referenced above shall apply. All additional processing fees set forth in this service agreement, relating to the Customer’s selected, preferred method of payment, may be raised by KickAdz Inc., not more than once per calendar year, by a percentage determined by KickAdz Inc., in its sole and exclusive discretion, with the minimum annual increase being equal to the year over year percent change in the Consumer Price Index for All Urban Consumers (“CPI-U”), U.S. City Average.
4.3 Cancellation and Modification
Unless Customer instructs KickAdz Inc. to opt out of certain placements, Customer understands, authorizes, and agrees that ads may be placed on any content or property provided by a Publisher or any Social Media. Customer gives KickAdz Inc. the authority to act in its behalf with respect to advertising with a Publisher or Social Media online auction-based advertising, in order to modify keywords, demographics, geo-targeting, and settings in a timely manner. Customer must provide KickAdz Inc. with timely written notification if they want to cancel any specific PPC advertising Campaign, PPC Services or Consulting Services. Customer understands that it is the publisher’s choice on the timing and manner of any such cancellation. Customer understands that if services are cancelled at any point during a billing cycle the service fee will be prorated and billed for every day of active service during the billing cycle. When using the PPC Services, Customer shall not advertise anything illegal or engage in any illegal or fraudulent business practice.
4.4 Representations and Warranties
Customer represents and warrants that all Customer information provided to KickAdz Inc. is complete, correct and current; and the use by KickAdz Inc. of any Customer information will not violate any applicable laws, regulations, code of conduct, or third-party rights (including without limitation intellectual property rights). Customer agrees to defend and indemnify KickAdz Inc. for any damages or liability that may arise in any way because of a violation of the foregoing.
5) RESPONSIBILITIES OF KickAdz Inc.
The PPC Services features shall include, but not be limited to: the implementation of, monitoring of, and consulting with the Customer on PPC Campaigns; the selection of optimal keywords, demographics and placements to be used; managing the paid advertising accounts supplied to or created by KickAdz Inc.; the ads and landing pages that are being used in paid search marketing efforts relevant to Customer’s category of interest; recommendations regarding the optimal ranges for the number of keywords required in the Customer’s account, as well as keyword and ad grouping for optimal performance and opportunity generation with publishers.