- BRANDH2O CREATIVE SERVICES TERMS AND CONDITIONS
- BRANDH2O ADVERTISING SERVICES TERMS AND CONDITIONS
A: BRANDH2O CREATIVE SERVICES TERMS AND CONDITIONS
BrandH2O.com (“BrandH2O”), agrees to provide you (the “Client”) with Creative Services, subject to the agreement and in compliance with the terms and conditions hereafter outlined (the “Terms and Conditions”).
Please read the Terms and Conditions carefully.
You agree to abide by the Terms and Conditions set forth in this document as you agree to engage BrandH2O for its advertising services both for current and for any additional services for which it may contract with BrandH2O, including all payment terms
(collectively, the “Agreement”).
Revisions offered are in accordance with the selected packages. Customers can ask for revisions as per the package and no additional fee will be charge, however, design and concept remains same and customer can post revision on any one of the provided
options, Revision on multiple options is not allowed and will be charged separately. Normal Revision turnaround time would be 2 to 3 Working days for logo design and 3 to 5 Working days for website design.
Functionality and HTML revisions turnaround time may vary as per the revision scope and complexity of the project/s.
WEBSITE CONTENT POLICY
All content is to be provide by the client, this includes but it not limited to images, heading, copy and any other text. Client can opt to use canned/ royalty free stock images which will be charged separately, but as a part of the whole project
. In-case of e-commerce website few up to 10 to 30 sample products will be entered by BrandH2O team and sample product information should also be provided by the client. Including product name, product price, product images and shipping policy.
For rest of e-commerce site products will be entered by client, complete CMS (customer management system) and e-commerce management training will be provided by BrandH2O.
We ensure and strive to achieve 100% customer satisfaction with our Multiple Revision (max 5) Policy which enables you to improve on your initial design brief, free of charge.
In case of any duplicate charge due to processing error, failing to fulfill any of your special designing requirements or not able to complete your design order as per the delivery policy, your complete design order amount will be refunded but only at
initial phase after placing revision on initial designs client will not be eligible for refund. Meaning once you ask for revision, you void the refund clause.
In case of any dissatisfaction from any design services provided by BrandH2O, you can submit a refund request within (3) three days of your initial designs completion. However, it shall be assumed between both parties that you are satisfied with your
initial designs if a refund request is not received within three days of initial designs delivery.
For any Special / Combo packages, refund will be applicable the same as it is on the single packages.
Your refund would be processed as below:
- If a request for refund is made before the order delivery, you would be eligible for Full Refund (less 10% service & processing fee).
- If request for refund is made within 48 hours of the initial design delivery, you would be eligible for 66% refund (less 10% service & processing fee).
- If a request for refund is made between 48- 120 hours of the initial design delivery, you would be eligible 33% refund (less 10% service & processing fee).
- No refund request will be entertained after 120 hours of your initial design delivery, however since we believe in 100% customer satisfaction you`re encouraged to contact us in the case of any concern.
- All refund requests should be communicated to the support department. BrandH2O, based on the violation of your user agreement reserves the right to approve/disapprove your request on an individual case to case basis.
HOW TO CLAIM YOUR REFUND
All refund requests will be fulfilled as per the following arrangement:
- You are advised to claim your refund specifying your concern and contacting us via email only
- By virtue of our revision policy, we will try to resolve your concern immediately or else will email you a refund request approval from our refund department
- POST REFUND: Your design rights would be obtained by BrandH2O and you would not be able to display any version of the design sent by the company. Let us also specify that:
- Since the design rights would now be transferred to the company, you agree that you will have no right (direct or indirect) to use any response or other content, work product or media, nor will you have any ownership interest in or to the same.
- BrandH2O, working in collaboration with the Government Copyright Agencies would share Copyright Acquisition information for the refunded designs that would restrict the re-use of the designs as original designs in the future.
- Email us for a refund request: firstname.lastname@example.org
SURCHARGE ON DELAYS
We believe that it is your responsibility to provide timely feedback on designs and development options provided to you. Delays in response will incur surcharge:
- If there is no response for 7 days or more – Your project will be paused. You will be provided new timeline of projects upon contacting us.
- No response for 15 days or more – Project will be paused. Surplus charge will be applied when project has resumed.
- No response for 30 days or more – Project will be paused. New project quotation + surplus charge will be applied.
QUALITY ASSURANCE POLICY
Our designers and developers don’t deviate from the specifications provided by you. The designs are created after a thorough research which ensures the design quality and uniqueness.
100% Satisfaction Guaranteed. Free multiple revision offers as per specifications ensures that you get 100% satisfaction. We rework the ordered design and keep on revising it until you are 100% satisfied. We offer free complete coordination with your
printing company if required.
In an event, where an individual or a department is unable to provide a finalized decision, a notice period of no less than 15-days or more than 30-days to be given to the delaying party and serving party will not allocate the dedicated resource elsewhere.
Failure to provide a finalized productive response in the grace period will allow the serving party to allocate their resources elsewhere and additional charges will be applicable to reactivate the project.
OWNERSHIP OF WORK
Only once an art work is approved and the final file is sent to the client after the complete payment, the client owns all the rights of the paid art work. All the claims and copyrights of the design are then transferred to the client.
COPYRIGHTS & TRADEMARKS
The client retains full ownership of the logos, website deigns and the drafts, and all related materials. The client is assigned rights to use the design, graphics, and text contained, logos and explanations at his discretion.
The BrandH2O website retains the right to use the artworkds solely as promotional material, including as part of our portfolio, and should under no circumstances sell, or use for profit other than specified by the client unless explicitly authorized by
the client. We would use the logos in a fair and legal manner which does not damage the client’s reputation and integrity.
Once the project is completed, all design order files are delivered to your provide Email addresses as per the date specified on the “Order Confirmation”.
All policies pertaining to revision & refund are subject to date and time of design order delivered to client’s email. We deliver all our customized design orders via e-mail within 2 to 3 days of receiving your order.
Each service in any project is time-bound to ensure that all involving parties do the utmost decision-making response as quick as possible for the successful completion of the project.
BrandH2O reserves the right to keep a record of your finalized design once the final files are provided to you. If you require the final files again in the future we can send them to you at your request.
YOU agree that BrandH2O is not liable for any correspondence from email addresses other than the ones followed by our own domain i.e. “…@BrandH2O.com” or/and any phone number that is not mentioned on our website.
Please keep in mind that BrandH2O shall not be held responsible for any damage(s) caused by such correspondence. We only take responsibility of any communication through email addresses under our own domain name or/and via toll free number i.e. already
mentioned on the website.
We offer 10AM to 6PM (Pakistan Standard Time) Customer Support to address your queries and questions. You can contact us.
B: BRANDH2O ADVERTISING SERVICES TERMS AND CONDITIONS
INTRODUCTION: BrandH2O.com (“BrandH2O”), agrees to provide you (the “Advertiser”) with Advertising Services (defined in section 5 below), subject to the Advertiser’s compliance with the terms and conditions hereafter
outlined (the “Terms and Conditions”).
By “Advertiser,” as we use that term herein, we mean you, whether you are using the Advertising Services yourself, or whether you are securing the advertising services as an agent for the actual advertiser. In the latter case, you represent
that you have authority to legally bind the advertiser you are representing, and both you and the advertiser you are representing are jointly and severally bound as if you each separately consented to this Agreement.
ACCEPTANCE OF THESE TERMS AND CONDITIONS
By procuring our services, Advertiser or its agent or representative verbally accepted a summary of key provisions related to payment, terms of service, and BrandH2O’s cancellation policy, and/or expressly accepted these Terms and Conditions in
response to an email with confirmation link, and affirmative action in the form of checking the “acceptance” box and clicking “submit” following an opportunity to review these Terms and Conditions.
If you do not accept these Terms and Conditions within thirty (30) days of initial presentation of the Terms and Conditions to you by BrandH2O, then the offer by BrandH2O to provide Advertising Services upon the pricing, terms, and conditions initially
proposed shall be deemed withdrawn. Advertiser may thereafter again request Advertising Services, in response to which BrandH2O will present new pricing, terms, and conditions for Advertiser’s consideration.
- IF, SUBSEQUENT TO ADVERTISER’S VERBAL OR OTHER ACCEPTANCE OF THE SUMMARY TERMS AND CONDITIONS, ADVERTISER DOES NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS,
- ADVERTISER MAY NOTIFY BRANDH2O WITHIN THREE (3) BUSINESS DAYS OF ITS ORDER BY EMAILING ADVERTISER’S NAME, BUSINESS NAME, EMAIL ADDRESS, PHYSICAL OR MAILING ADDRESS, AND DOMAIN TO CARE@BRANDH2O.COM WITH “CANCEL SERVICES”
IN THE SUBJECT LINE, AND THE ADVERTISING SERVICES WILL BE CANCELED WITH NO FURTHER OBLIGATIONS BY EITHER PARTY, PROVIDED,
- HOWEVER, THAT NOTICE IS RECEIVED BEFORE END OF THE WORKING DAY AND ADVERTISER SHALL BE RESPONSIBLE FOR COSTS OF ALL ADVERTISING SERVICES PROVIDED UNTIL SUCH CANCELLATION PROCEDURE IS FOLLOWED.
- FAILURE TO NOTIFY BRANDH2O OF THIS 3-DAY CANCELLATION ACCORDING TO THE PROCESS DEFINED ABOVE, ALONG WITH BRANDH2O’S ELECTRONIC RECORD OF ADVERTISER’S ACCEPTANCE SHALL BE DEEMED TO INDICATE THAT ADVERTISER WAIVES ITS RIGHT TO CANCEL (INCLUDING
WITH RESPECT TO ANY AUTOMATICALLY RECURRING PAYMENTS), HAS READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND AGREES TO BE BOUND BY THEM.
By agreeing to these Terms and Conditions, Advertiser also agrees to receive information from BrandH2O regarding Advertiser’s account, and about the Advertising Services provided to Advertiser (together “Service Messages”). Advertiser
also agrees to receive marketing information from BrandH2O about BrandH2O promotions or announcements or offers to provide additional or enhanced services (“Marketing Messages”).
During the time that Advertiser is receiving the Advertising Services, Advertiser cannot opt out of the Service Messages. If Advertiser does not wish to receive the Marketing Messages, it must opt out by sending an email containing Advertiser’s
name and account number, with the subject line “Marketing Messages Opt-Out,” to INFO@BRANDH2O.COM.
In the event that Advertiser provides its contact information to BrandH2O and then either affirmatively rejects or has not within thirty (30) days accepted these Terms and Conditions, and as a result the Advertising Services are not provisioned, or following
the expiration or cancellation of Advertising Services previously provided to Advertiser, Advertiser may continue to receive Marketing Messages from BrandH2O.
As above, if Advertiser does not wish to receive the Marketing Messages, it must opt out by sending an email containing Advertiser’s name and account number, with the subject line “Marketing Messages Opt-Out,” to info@BRANDH2O.COM
Any requests to opt out pursuant to the terms of this section will require a reasonable amount of time for processing (48-72 hours) by BrandH2O, and Advertiser may continue to receive messages during the processing period.
DESCRIPTION OF THE ADVERTISING SERVICES:
Advertising Services are the products and/or services by which BrandH2O will market Advertiser’s business/service through various online methods, websites, social media etc. (the “Advertising Services”).
Each of the Advertising Services includes the marketing and advertising services and methods specifically described in the work agreement, and is subject to the limitations described in the binding agreement.
The product/service terms and conditions described in each of the agreements are specific only to the particular Advertising Service described or as a group, and not to any other Advertising Service which may be provided by BrandH2O, but not covered in
For each of the Advertising Services actually obtained by Advertiser at any given time, the associated terms and conditions specific to such Advertising Service will be provided in the agreement and shall be deemed incorporated into and a part of then
general Terms and Conditions.
Regardless of the Advertising Services being provided to Advertiser, BrandH2O will provide to Advertiser an Account Information Page which may be accessed by Advertiser at any time to determine the status of Advertiser’s account and the services
provided by BrandH2O.
Advertiser may at any time determine what Advertising Services are currently being provided by BrandH2O by requesting via phone, chat or email. Advertiser should understand that clicks to Advertiser’s site, including clicks on the search engines,
shopping engines, content sites, etc. may include certain misspellings, singular/plural combinations, and other related search terms that BrandH2O maps to Advertiser’s advertising campaigns. However, misspellings are becoming less common with
new auto complete search engine technology. All keyword campaigns will include key terms, titles, and descriptions selected specifically with the intent to optimize return on advertising spend.
Unless Advertiser has engaged BrandH2O to provide a small-scale website, Advertiser is responsible for the quality and accuracy of its own website and its landing page(s), or redirect websites that link to its advertisements.
FEES FOR BRANDH2O ADVERTISING SERVICES:
You as an Advertiser reserve the right to determine the fees and pricing currently applicable to any Advertising Service being provided, any time requesting via phone, chat or email.
Fees and pricing for the Advertising Services generally are as set forth at the individual product/service terms and conditions pages part of the service agreement/contract. By accepting these Terms and Conditions, Advertiser expressly agrees to pay the
fees and pricing for the Advertising Services requested, and which were communicated to Advertiser at or before the time of acceptance.
- Advertiser must establish one of the following two methods of payment.
- Credit card to be automatically billed by BrandH2O
- Bank Cheque on the name on Brand H2O Pvt. Ltd.
Advertiser authorizes BrandH2O Pvt. Ltd. or BrandH2O’s merchant services provider, to store Advertiser’s financial information for the purpose of facilitating payment to BrandH2O. It is Advertiser’s responsibility to notify BrandH2O,
in writing, of any changes or updates to Advertiser’s financial information, and Advertiser is solely responsible for its failure to do so.
All fees must be paid in US$. Advertiser is solely responsible for any applicable taxes.
All fees are due in accordance with the agreed upon fee schedule, or immediately upon Advertiser’s receipt of invoice, as applicable. Advertiser agrees that any setup fees or one-time services payments are nonrefundable.
To avoid the inconvenience and cost to both parties of late and missed payments, all payments made by billing of a credit card or debiting of a bank account are intended in part. However, it is Advertiser’s responsibility to ensure that BrandH2O
has the most up-to-date credit card or bank account information, and that such methods are viable for payment of the fees due to BrandH2O for the Advertising Services.
FAILURE OF PAYMENT
In the event of a failure of the payment method authorized by Advertiser, and one or more payments are made later than the due date, such late payments are subject to a late fee equal to the greater of US$ 1500 or 10% of the total payment due, but not
to exceed the maximum amount allowed by applicable law. In addition to late fees, Advertiser agrees to pay all attorneys’ fees and costs incurred by BrandH2O for late payment collection efforts.
RECURRING PAYMENTS AND TERM OF AGREEMENT:
The term of each Advertising Service shall begin as of the date of acceptance of these Terms and Conditions by Advertiser. Billing will occur in the form of a one-time payment or an automatically recurring monthly payment, as set forth in the specific
product/service terms and conditions for the Advertising Service provided.
In the event that Advertiser wishes at any time to determine the current contract term for any of the Advertising Services, or any other information regarding the amount or anticipated date of any automatically recurring payment, or the term, termination,
or renewal of the Advertising Services, the same will be available on request via phone, chat or email.
IF BILLING IS TO INCLUDE AN AUTOMATICALLY RECURRING PAYMENT:
If the agreed advertising term includes an automatically recurring payment plan (Retainer and/or media spend), all payment for Advertising Services will be paid in advance on a monthly basis.
Following the current contract term for any particular Advertising Service, this Agreement with respect to such Advertising Service shall automatically renew for successive one-month terms on the monthly anniversary date of Advertiser’s initial
acceptance of these Terms and Conditions.
After the initial contract term, Advertiser may cancel the automatically recurring payment, including the Advertising Services associated therewith, by providing notice to BrandH2O by emailing Advertiser’s name, business name, email address, phone
number, physical address, and domain, to info@BrandH2O.com, with “Cancel Service” in the subject line.
Provided such notice is received by BrandH2O not later than 5:00 pm Pakistan Standard Time at least (3) three business days in advance of the date on which the next automatically recurring payment is scheduled to be made, then the next automatically recurring
payment will be cancelled and the Advertising Services terminated at the end of the then-current term.
In the event such notice is received closer than three (3) business days to the next automatically recurring payment, then the next automatically recurring payment should still be made as a final payment, the Advertising Services shall continue for an
additional renewal term, and termination will instead occur at the end of that additional renewal term.
No pro-rated refunds for partial terms or months will be provided.
For clarity: if an Advertiser were to engage BrandH2O for Advertising Services with a 365 day contract term, and the initial sign-up date were July 15 of a given year, if Advertiser wished to cancel the Advertising Services at the end of the contract
term without incurring an additional month’s charge, Advertiser would need to provide written notice of cancellation on or before July 12 – assuming July 12, 13, and 14 were business days. One-time fee offerings have no continuing term
because the same are provided up front, the term thereof having been fulfilled upon initial delivery of the Advertising Service to Advertiser.
EARLY TERMINATION FEE:
Advertiser agrees to pay an early termination fee equal to the remaining Contract Value in the event they choose to terminate services prior to completion of the contract term.
Contract Value is determined by taking the number of months agreed to in the contract or insertion order times the monthly fees applicable to the Advertising Services. For example, the Contract Value of Advertising Services of US$ 1500 for a three month
term is US$ 4500. If the Advertiser cancels after the first month the cancellation fee will be US$ 3000.
MODIFICATION TO TERMS OF SERVICE:
BrandH2O may modify its standard terms and conditions and service offerings from time to time and that BrandH2O reserves the right to adjust the pricing of such services, effective upon the next automatic renewal date of the affected Advertising Service(s),
after not less than thirty (30) days’ advance written notice to Advertiser.
Following the fulfillment of initial contract terms, if the contract does not provide for automatic renewal for an additional term of more than one month, then the contract shall be considered month-to-month and Advertiser may be subject to revised terms
and conditions and/or pricing following receipt of such notice. Advertiser is encouraged to enter a long-term contract or contracts to fix pricing, terms, and conditions.
To manage Advertiser’s advertising account(s) Advertiser is authorized to access BrandH2O-owned, operated, or hosted websites that require log in or account information solely.
Advertiser agrees that it will not use the site or any content therein for any other purpose and that it will not disseminate or distribute any of said information. Advertiser’s right to access its account with BrandH2O is personal to Advertiser
and non-assignable and is subject to any limits established by BrandH2O.
Advertiser agrees that it will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access Advertiser’s account with BrandH2O or to monitor or copy BrandH2O’s website or the content contained
therein, except those automated means expressly made available by BrandH2O.
Advertiser understands that, any information or data provided by Advertiser to BrandH2O may not be processed on a real-time basis and may be subject to the latency of the Internet, the BrandH2O systems and network of third-party partners and search engines.
This also includes difference of global time zones when engaging with international customers.
OWNERSHIP OF NON-ADVERTISER PROPERTY:
Advertiser acknowledges that it has not acquired any ownership interest in the BrandH2O Materials and will not acquire any ownership interest in the BrandH2O Materials by reason of this Agreement.
Title and full ownership rights in and to the Advertising Services, together with any and all ideas, concepts, campaign optimizations, computer programs, and other technology supporting or otherwise relating to BrandH2O’s operation of the BrandH2O
network, the BrandH2O bid management, task management, and optimization platform and website(s) (collectively, the “BrandH2O Materials”), shall remain at all times solely with BrandH2O and/or with the respective outsourced service provider
or author, or with BrandH2O’s Promotional Partner if applicable and if Promotional Partner was the owner of the same.
Unless Advertiser’s website/ Social media profile/page is designed and provided by BrandH2O as a part of its Advertising Services, Advertiser hereby acknowledges that neither BrandH2O nor its Promotional Partner (if applicable) is responsible for
the development, maintenance, and operation of the Advertiser website(s), nor for any content or other materials that appear on, and all visitors to, the Advertiser website(s), nor is BrandH2O or its Promotional Partner responsible for order entry,
payment processing, shipping, cancellations, returns, or customer service concerning orders placed on Advertiser’s website(s). Advertiser further warrants that it will not add to or place upon its site any BrandH2O or Promotional Partner owned
or licensed content, including but not limited to any BrandH2O search listings, except pursuant to a separate signed affiliate agreement with BrandH2O.
ADVERTISER REPRESENTATIONS AND WARRANTIES:
Advertiser represents and warrants to BrandH2O, and to its Promotional Partner if applicable, that for and continuing throughout the term of this Agreement with a valid, binding, and enforceable agreement in accordance with its terms:
- Advertiser is responsible for its own responsiveness to communications and inquiries from BrandH2O and acknowledges that any lack of responsiveness could materially impact the effectiveness of the Advertising Services
- Information, content, images or data that Advertiser (including its agents or representatives) has provided or will provide for Advertising Services is and will be both accurate and complete to the best of Advertiser’s knowledge and that Advertiser
has a legal right to use such information, content, images or data;
- Advertiser is the authorized owner or representative of the website(s), social media profiles for which Advertising Services will be performed UNLESS the website/profile/page to be promoted by the Advertising Services is designed and provided by BrandH2O;
- Advertiser’s website and information, content, images or data provided to BrandH2O does not violate any applicable law or regulation; does not infringe in any manner any third party rights, including, without limitation copyright, patent, trademark,
trade secret, or other intellectual property right or right of privacy or publicity; is not false or misleading; has not and will not result in any consumer fraud, product liability, breach of contract, injury, damage, or harm of any kind to any
person or entity; is not defamatory, libelous, slanderous, or threatening; is free of viruses; does not contain, promote, or offer any form of spyware, adware, or other advertising or information collection software; and/or does not contain, link
to or promote any of the following: violence, hate crimes (whether racial or otherwise), illegal activities, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Advertiser further agrees to perform as follows:
- Advertiser will not hold BrandH2O or its affiliates, or Promotional Partner or its affiliates, if applicable, liable or responsible for the activities of visitors who come to Advertiser’s website(s) through Advertising Services.
- In the event that Advertiser has been referred to the Advertising Services by or through an BrandH2O partnership promotion, such that Promotional Partner is a beneficiary of these terms and conditions, Advertiser agrees that BrandH2O may share all
data it obtains, including product performance data, with Promotional Partner, and Promotional Partner shall have the same rights to access and use said data as BrandH2O itself.
- Advertiser agrees that if the Advertising Services ordered from BrandH2O include paid search management, and if the paid search management is being performed through an existing account rather than BrandH2O’s account, then Advertiser will grant
BrandH2O exclusive administrative access to said account. Advertiser may retain read-only access, but will allow BrandH2O to perform the Advertising Services without shared administrative rights. Advertiser acknowledges that this is necessary
for BrandH2O to effectively perform the Advertising Services.
- Advertiser will not, for a period of one (1) year following the date on which the term of this Agreement ends, either
(a) Solicit for employment any employee or independent contractor employed by BrandH2O,
(b) Advise or encourage any employee or independent contractor employed by BrandH2O to terminate employment with BrandH2O, or
(c) Knowingly interfere or attempt to interfere with the employment relationship between BrandH2O and any of its employees or with any relationship between BrandH2O and any independent contractor who performs services for BrandH2O. Notwithstanding the
foregoing, general solicitations for employment (i.e., through job boards or general advertisements) and any employment relationship established as a result of responses to general solicitations for employment shall not be deemed a violation of this
- If Advertiser sells or promotes prohibited or age-restricted products and/or services, Advertiser will: (i) have age verification on its sites’ home page and in the sales process in compliance with all applicable laws and regulations; and (ii)
shall not offer such products and/or services in jurisdictions in which they are prohibited or are in any way restricted; and (iii) agrees that Advertiser will indemnify BrandH2O against any claims, losses, damages, fines, penalties, or the like
which may be sought, assessed, or imposed as a result of Advertiser’s sale or promotion of such products or services.
ADVERTISER INDEMNIFICATION OBLIGATIONS:
Advertiser agrees to indemnify, defend, and hold harmless BrandH2O, its distribution partners including Promotional Partner if applicable, their respective licensors and licensees, and affiliated companies, and any of their respective officers, directors,
employees, representatives, and agents (collectively the “Indemnified Parties”), from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including without limitation, reasonable attorneys’ fees) that
may at any time be incurred by any of them by reason of any claims, suits, or proceedings (collectively being referred to herein as a “Claim”) for, including without limitation, libel, violation of right of privacy or publicity, copyright
infringement, trademark infringement, or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection
with Advertising Services performed on behalf of Advertiser, Advertiser’s client’s website(s) or contents therein, Advertiser’s conduct, acts or omissions, or any alleged or proven breach by Advertiser of any term, condition, agreement,
representation, or warranty herein. This indemnification excludes any Claim that arises solely from the acts or omissions of an Indemnified Party, as to that party. An Indemnified Party will notify Advertiser of any claim, action, or demand for which
indemnity is required in the reasonable opinion of Indemnified Party, and will cooperate with Advertiser at Advertiser’s expense. An Indemnified Party shall have sole discretion to accept or reject the law firm Advertiser chooses to defend the
Indemnified Party, which firm must be experienced in defending similar claims. Advertiser may not settle any lawsuit or matter relating to the culpability or liability of an Indemnified Party without the prior written consent of that party. An Indemnified
Party will have the right to participate in any defense of a claim and/or to be represented by counsel of its own choosing at its own expense. Without limiting any rights and remedies hereunder or under applicable law, BrandH2O shall have the right
to set off any liability of Advertiser to BrandH2O with respect to a Claim against any amounts held on deposit with BrandH2O by Advertiser.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER:
Advertiser acknowledges and agrees that it will not hold BrandH2O, or Promotional Partner if applicable, liable for any errors in content, omissions, consequences, damages, costs, refunds, or rebates of any kind arising from any interruption of service
or other unavailability of the Internet or website(s), social media profiles/pages in which the advertisements are published for whatever reason.
Advertiser further acknowledges and agrees that errors or mistakes in the performance of the Advertising Services, including but not limited to misspellings or miscommunications, do not create a right to refund for the Advertiser. Advertiser will give
BrandH2O timely notice and allow BrandH2O a reasonable opportunity thereafter to cure any identified errors or omissions.
BrandH2O makes no representations or warranties relating to the results of Advertising Services, including without limitation, the number of impressions, click-through, or leads and any promotional effect or return on investment (ROI) thereof. As BrandH2O
relies on third parties for certain data, BrandH2O makes no guarantees regarding the accuracy, reliability, or completeness of any such data, including but not limited to usage statistics.
In no event shall BrandH2O, or Promotional Partner if applicable, be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any
failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption
of any kind or work slowdown.
Advertiser acknowledges that any additional assistance provided by BrandH2O is also subject to the limitations of liability in this Agreement.
In the event Advertiser requests or purchases any additional assistance, which may include, without limitation, adding tracking codes or making other changes to Advertiser’s website(s), in connection with Advertising Service, then Advertiser agrees
to provide BrandH2O with access to perform the requested or purchased additional assistance.
This additional assistance is subject to the project agreement in advance and be incurred at an additional price to the advertiser.
CHOICE OF LAW; EXCLUSIVE VENUE:
This Agreement shall be construed in accordance with the laws of Islamic Republic of Pakistan, and the parties agree that should any dispute arise concerning this Agreement, venue shall be laid exclusively in a court of competent jurisdiction in Pakistan.
Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver. No waiver of any breach or default of this Agreement by either party hereto shall be considered to be a waiver
of any other breach of default of this Agreement.
This document, with any other materials, documents, understandings, or agreements incorporated by reference herein, and any exhibit, schedule, or other supplementary document attached hereto, constitute the entire understanding and agreement of the parties,
and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
In the event, a dispute arises between the parties hereto, then the prevailing party in such dispute, whether or not a final decision is ultimately rendered by the court, shall be entitled to receive its attorneys’ fees reimbursed from the non-prevailing
NO THIRD PARTY BENEFICIARIES:
The covenants, undertakings, and agreements set forth in this Agreement are solely for the benefit of and enforceable by the Parties, and where indicated, Promotional Partner, or their respective successors or permitted assigns.
The sections of this Agreement that address or govern matters or circumstances that could occur after termination of this Agreement shall be interpreted to survive any such termination.
We offer 10AM to 6PM (Pakistan Standard Time) Customer Support to address your queries and questions regarding these aforementioned terms or anything in general. Looking forward to it. You can also email us at email@example.com