Terms of Service
Terms of Service
These are the Terms and Conditions governing the use of ComGroup’s Marketing Services and the agreement that operates between you (the Client) and the ComGroup. Our Services are noted on our website and are specified within your client agreement. There are thresholds for scope, deliverables and KPIs to these services that are all included in your letter of intent to receive said services. These Terms and Conditions set out the rights and obligations of all users regarding the use of our services. It’s mostly legal jargon set to protect you, your business, and our agency throughout our contracted relationship.
Your access to and use of our services is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use our services.
By accessing or using our services, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may be disqualified from benefiting from our Services - any exceptions will be in writing in your client agreement.
Links to Other Websites
Our Services (i.e. advertising placement, shared content, etc.) may contain links to or content from third-party web sites or services that conflict with your standards or best practices and are not owned or controlled by the Company.
While we will control as much as possible via content filters, placement omissions, and so on, ComGroup has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or content. You further acknowledge and agree that ComGroup shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or content.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
While we hate losing clients, we reserve the right to terminate or suspend services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
Upon termination, Your right to use our Services will cease immediately.
Any other issues or circumstances potentially leading to termination will be discussed in advance. Client needs to provide 30 days notice before services can be formally terminated (exclusions include media spend, future creative production, among others discussed in your contract).
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of ComGroup and any of its suppliers under any provision of this Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by the Client.
To the maximum extent permitted by applicable law, in no event shall ComGroup or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use our Services, third-party software and/or third-party hardware used for our Services, or otherwise in connection with any provision of this Terms), even if ComGroup or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
ComGroup’s Services are provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, ComGroup, on its own behalf and on behalf of its Affiliates and its and their respective licencors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to our Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, ComGroup provides no warranty or undertaking, and makes no representation of any kind that our service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither ComGroup nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of service, or the information, content, and materials or products included thereon; (ii) that service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through our services; or (iv) that our service, its servers, the content, or e-mails sent from or on behalf of ComGroup are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and your use of ComGroup’s Services. Your use of any delivered products and services may also be subject to other local, state, national, or international laws.
If you have any concern or dispute about service provided, you agree to first try to resolve the dispute informally by contacting ComGroup .
For European Union (EU) Users
If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if ComGroup has made them available to you on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at ComGroup’s sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at ComGroup’s discretion.
By continuing to benefit from our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, you can contact us by email: email@example.com