TERMS AND CONDITIONS
Revised February 22, 2019
PLEASE READ CAREFULLY.
This Terms of Service ("Agreement") is a legally binding contract between JG Elite Marketing LLC ("Company") and you the ("User," "you" or "your") This website contains information specifically for the User in need of marketing services. The service we provide will be referred to as the "Service" By accessing the Website, the User agrees to be bound by these Terms and all applicable laws and regulations and is responsible for compliance with any applicable local laws. You AGREE you have read, understand, and agree to all terms and conditions outlined in this Agreement. If you do not accept these Terms and Conditions, please stop using the provisions of the platform.
1. Acceptance of Terms
1.1 Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age. Your access to and use of the JG Elite Marketing LLC Website or Services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website, you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1.2 JG Elite Marketing LLC reserves the right to change these terms and conditions without notice, and Users agree to be bound by such changes. It is the responsibility of Users to check these Terms and Conditions regularly for any changes.
1.3 If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.
2. Definitions and Interpretations
2.1 Throughout this terms and conditions, the following words will have the following meanings set against them:
- 'Advertising” such video ads purchased by the Client from JG Elite Marketing LLC;
- 'Advertisement” includes video ads for local businesses that will get the business ranked online;
- 'Business Day’ means a day (other than a Saturday, Sunday or public holiday) when banks in the US are open for business.
- 'Client” any individual or company purchasing Advertising from JG Elite Marketing LLC ;
- 'Content” any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
- 'Copy Date” Agreed deadline to supply advertising materials by;
- 'Company’ means JG Elite Marketing LLC a company incorporated in the United States;
- 'Contract' means the contract between the Company and the Client for the supply of Services governed by these Terms and the Agreement.
- 'Force Majeure Event' means an event beyond the reasonable control of either party, including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental Agreement , rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
- 'Intellectual Property Rights’ means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
- 'Agreement ’ means the Agreement placed by the Client through counter-signing the Company’s Proposal and Agreement;
- 'Services’ means the services the Company will provide to the Client as specified in the Marketing Agreement;
- 'Specification’ means the description or specification of the Services in the Agreement .
- 'Start Date” agreed date from which the first advertisement will be placed;
- 'Terms’ means these terms and conditions as updated from time to time by the Company.
- 'User”, ' Users”, ' you” Any and all persons who access the Site and services provided by JG Elite Marketing;
- 'Website” the website owned by JG Elite Marketing LLC with the url: www.jgelitemarketing.com and any sub-domains of this site, unless expressly excluded by their own terms and conditions.
3. Intellectual Property Rights
All rights not expressly granted hereunder are reserved to the Company, including but not limited to all rights in creative advertising copy, ideas and keywords and other items used to promote interest in Client ’s business. If such ideas are presented, and not implemented (or not paid for) by Client then they shall be the confidential property of the Consultant.
The Company shall maintain all rights, title and interest in and to all our respective copyrights, trademarks, domain names, logos and any other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”) concerning all graphics and content used on the Website. The rights granted to User to use the Service under these Terms do not convey any additional rights in the Service or any Intellectual Property Rights associated in addition to that. The Intellectual Property Rights in this website and the materials on or accessible via it belong to “JG Elite Marketing LLC” or its licensors. This website platform and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for, accessing and using this website). The Company and the website Logo are trademarks which belong to the Company, and they may not be used, copied or reproduced in any way without written consent from the Company.
4. Company Obligations and Warranties
4.1 The Company warrants that it will provide the Services as stipulated in the Agreement using reasonable care and skill to conform in all material respects with the Specification.
4.2 The Company shall use all reasonable endeavours to meet any performance dates specified in the Agreement but any such dates shall be estimates only and time shall not be of the essence for the provision of the Services. The Company shall not be liable for any delay in delivery of the Services caused by a Force Majeure event or the Client’s failure to provide the Company with adequate delivery instructions or any other instructions relevant to the supply of the Services.
4.3 The Company shall have the right to make any changes to the Services which are necessary to comply with any applicable law.
5. Client’s Obligations and Indemnities
5.1 The Client shall provide assistance and technical information to the Company, as reasonably required by the Company in sufficient time to facilitate the execution of an Agreement in accordance with any estimated delivery dates or milestones. The Client shall have sole responsibility for ensuring the accuracy of all information provided to the Company and warrants and undertakes to the Company that the Client’s employees assisting in the execution of an Agreement have the necessary skills and authority.
5.2 The Client shall be obliged as quickly as possible and within the agreed deadline to comment on and or approve materials provided under the Services, including (without limitation) advertising copy, search terms and graphic material submitted by the Company. In addition, the Client shall be obliged as quickly as possible and within the agreed deadline to implement changes on websites, in IT systems or where it may otherwise be required by the Company.
5.3 The Client shall be obliged to inform the Company immediately of changes of domain names, websites, technical setup and any other material information regarding the technical infrastructure which may affect the Services delivered by the Company.
5.4 In the event that the Client fails to undertake those acts or provide those materials required under this clause 5 within any agreed deadline (and at least within 15 Business Days of the date requested by the Company) the Company shall be entitled to invoice for the Services that it has supplied and the remaining Services specified in the Agreement whether or not the Company has been able to deliver them.
5.5 As standard across the Services and unless otherwise notified, the Client shall be exclusively responsible for implementing the optimization changes recommended by the Company. As notified by the Company, in certain cases for amendments to existing optimizations, the Client shall allow the Company use of the site’s FTP or content management system’s username and password in Agreement to gain access to add in keywords.
5.6 The Company require that prior notice be given for any alterations relating to the Client’s website(s) that may affect the services supplied by the Company. If alterations are made by the Client or a third party to the Client’s site(s) search engine placements may be affected and the Company cannot be held responsible.
5.7 The Company advises that regular, fresh content added to the site will help to improve the stability of rankings within search engines and the Client understands that regular, unique content plays an important part in the success of a website and failure to add unique content will lessen the impact of SEO services.
Unless otherwise expressly stated, all prices shall be in United States Dollars (USD)
The price stated in the Agreement shall be an estimate based on a qualified estimate of the number of hours required to provide the Services. This is an estimate only and Services shall be invoiced in accordance with the actual number of hours spent in accordance with the price set out in the Agreement or Quotation and in the event that the price is not so stipulated, the Client shall be charged at the hourly rate specified in the Company’s then current price list. the Company shall be obliged to update the estimate and budgets on an ongoing basis following, among other things, changes made to an Agreement.
7.1 The Company shall invoice the Client monthly, either in advance or following Services delivered. Before the Company carry out any work Clients are usually asked to provide a non-refundable fees deposit. This deposit is like a rent deposit. It is kept securely and will be offset against the Client’s last invoice(s) when the work detailed in an Agreement has been completed. Also, if the Client does not pay a monthly invoice when it is due the Company shall use the deposit to pay the invoice and will not do any further work until the deposit is replaced.
7.2 The Client shall pay each invoice submitted by the Company within 3 Business Days of the date of the invoice.
7.3. The Company Accepts Credit Cards, PayPal, Venmo, Zelle and other electronic forms of payment.
7.4 The Company expressly reserves all rights at all times to bring any legal action it considers appropriate to recover any unpaid sums.
7.5 Late payment shall be considered as constituting a material breach of the Contract entitling the Company (at its discretion) to cancel the Contract or to affirm the Contract and assert the usual remedies for breach.
7.6 In the event that the Services cannot be delivered either in full or in part due to the Client’s failure to assist or delay in assisting in the execution of the Agreement , the Company shall be entitled to charge to the Client an estimated amount, corresponding to the amount that would have been due had the Services been rendered in accordance with the Agreement the Company shall be entitled to payment on the basis of the Company’s price list applicable from time to time for any additional work required because of the Client’s failure to assist or delay in assisting.
8. Limitation of Liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control. To the maximum extent permitted by law, JG Elite Marketing LLC accepts no liability for any of the following: any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; loss or corruption of any data, database or software; any special, indirect or consequential loss or damage.
The Client shall indemnify and keep the Company indemnified fully against all liabilities, costs and expenses whatsoever and howsoever incurred by the Company in respect of any third parties as a result of the provision of the Services in accordance with the Agreement , Specification, or the content of the Client’s advertising or web pages which result in claims or proceedings against the Company for infringement of any Intellectual Property Rights or other proprietary rights of third parties, or for breach of confidentiality or contract or for defamation.
10. Website Content and Services
Except as otherwise expressly agreed to by JG Elite Marketing LLC in writing, information regarding JG Elite Marketing LLC products and Services is subject to change without notice.
Information about JG Elite Marketing LLC Products and Services made available on and/or through this Website shall not constitute a representation, warranty or other commitment by JG Elite Marketing LLC with respect to any product or service unless otherwise expressly agreed to by JG Elite Marketing LLC in writing. Without limiting the generality of the foregoing, JG Elite Marketing LLC hereby disclaims all warranties, expressed or implied, as to the accuracy, suitability for any purpose or completeness therefore.
11. Third Party Content
This Website makes available certain third-party sites via hyperlinks which may take Users to websites not controlled or maintained by JG Elite Marketing LLC. Any copying, distribution, reproduction, retransmission, or modification of any of the third-party content or any information or materials appearing in such third-party content, whether in electronic or hard copy form, is subject to the prior written permission of the author and publisher of such Third-Party Content. Third-party content is not the responsibility of JG Elite Marketing LLC and Users acknowledge and confirm that JG Elite Marketing LLC has no control over the opinions, information, legality of products, or accuracy of facts or statements contained in such Third-party content and furthermore JG Elite Marketing LLC cannot guarantee and makes no representation or warranty as to the accuracy, veracity, or completeness of any such information provided. Nothing contained within third party content necessarily represents the point of view of JG Elite Marketing LLC.
12. Governing Law
The laws of the United States shall govern the validity, interpretation, and performance of these Terms without giving effect to the conflicts of law’s provisions or principals thereof.
By providing an email address, User agrees that the Website may send emails related to the Services. If User does not wish to receive general marketing emails, User may opt out by following the instructions in the message. The Website may send any legal notices via email, notification by a message to a User account or regular mail. To give legal notice to the Website, please send a written communication to:
JG Elite Marketing LLC
Business address: 6475 E Pacific Coast Hwy #722 Long Beach, CA 90803
Phone: (562) 502-2222
Email: [email protected]