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Legal

This page contains all the legal information you need when you visit our site or buy our products and/or services.

Buying our Digital Services

These terms apply when you buy our digital products or services:

GENERAL AGREEMENT

SCIENTIAL.AGENCY Digital Products and Services Terms and Conditions

Introduction

We are sciential.agency, with offices at Sciential LLC, Vine Street, Hollywood, CA 90028 (the “Service Provider,” “Provider,” “sciential.agency,” “we,” “us”). Our email address is  hello@sciential.agency.

We and some of Our Representatives operate a range of websites, including Our Websites that list the products and services which we offer for sale to businesses.

These SCIENTIAL.AGENCY Digital Products and Services Terms and Conditions apply to sales of our digital products and services, including Websites, Search Marketing PPC, Display Advertising and related products and services. We use the words “Service” and “Services” to refer to any or all such products and services.

You will need to accept the Terms before you order our Services. If you do not accept the Terms, you will not be able to order any Services from us. You should print a copy of the Terms, or save them to your computer, for future.

1- General Terms

Definitions and interpretation

When the following words with capital letters are used in the Terms, this is what they mean:

Agreement” means the Service Description, the Service Pricing, the Confirmation of Order and the Terms.

Client” means “you,” the customer, “user,” “service recipient,” and/or “product recipient.”

Charges” means the amounts payable by the Client to the Provider under or in relation to this Agreement and/or the Contract Documents (including expenses).

Ad Spend” means the amounts payable to the service providers (including but not limited to: Google and Facebook where the advertisements may be listed.

Services” means the services required under or in connection with this Agreement and/or the Contract Documents.

Term” means the term of this Agreement, and

Website” means the websites and/or web services specified in the Statement of Work, to be marketed by the Provider under this Agreement.

How the Contract is made between You and SCIENTIAL.AGENCY

(a) Please take the time to read and check your Order before you submit it to us.

(b) Your Order will not be accepted until we send you a Confirmation of Order. Once we send you a Confirmation of Order, the Agreement between us will be made. If you have placed an order for the Services with the help of our telephone sales team then once we provide you with the Confirmation of Order and the contract has commenced.

(c) If we are unable to supply you with a Service, for example because that Service is no longer available, we will inform you of this by email and we will not process your Order. If you have already paid for the Services, we will refund you the full amount as soon as possible.

(d) Some of our Services give you the option to upgrade or downgrade to a different version of that Service. If you want to upgrade or downgrade any Service that you have bought from us, you will need to follow the instructions in the relevant Services Terms. This also applies where we give you the option to upgrade from a Free Service to a full version of that Service. Please note that we do not offer upgrades and downgrades for all of our Services. We will try to make your upgrade or downgrade effective as soon as possible, but you agree that this may not happen until the start of a future Service Month.

(e) If any of the various parts of the Agreement is inconsistent with any of the other parts of the Agreement, the following order of priority will apply: (i) Confirmation of Order; (ii) Service Terms; (iii) General Terms; (iv) Additional Terms; (v) Service Description; and (vi) Service Pricing.

2- Term

(a) The Agreement will begin on the date that we send the Confirmation of Order (“Effective Date”).

(b) If there is a minimum term requirement for a Service, this will be set out in the Service Terms and will be confirmed to you in the Confirmation of Order (“Minimum Term”). The Minimum Term, if any, begins on the date your digital products or services begin (“Start Date”). Your Services will continue on a month-to-month basis after the end of the Minimum Term, unless otherwise specified in the Service Terms, until cancelled by us or you. If there is no Minimum Term, your Services begin on the Start Date and continue on a month-to-month basis until cancelled by us or you. Each of these monthly periods will be known as a “Service Month”. By way of example, if the Start Date were April 11th, the first Service Month would run from April 11 to May 4 and the second Service Month would run from May 5 to June 4.

3- Our services

(a) In return for the Fees, we will provide you with access to and use of the Services that you have bought.

(b) We try to perform the Services as described in the corresponding Service Descriptions.

(d) Some of our Services rely on third parties, for example Google™ or Facebook™, to do certain things. You acknowledge that:

(i) we may not be able to provide a particular Service feature where you do not meet criteria set down by a relevant third party;

(ii) we do not have any control or exercise influence over the third party’s own services; and

(iii) a third party’s service may stop or change from time to time. You acknowledge that these are Events Outside Our Control and that neither we, nor Our Representatives will be responsible for any impact these events may have.

(e) Some of our Services give you the option to use third party tools, widgets or Content, for example Google Maps™. If you use or add third party tools, widgets or Content then you agree that this use is subject to the terms and conditions of those third parties and that we are not responsible for the performance or non-performance of any third-party tools, widgets or Content.

(f) Where a Service feature involves setting up an account or setting up or administering a page or pages on a third-party website, you acknowledge that:

(i) where necessary, we are authorized to set up an account on your behalf;

(ii) we are authorized to administer the account, page or pages on your behalf; and

(ii) you are authorized and grant us permission to display all Content on the pages or account.

(g) Some of our Services involve us acting on your behalf as your agent, for example, to repoint or move your own Domain Name from one hosting provider to another. You acknowledge and agree that:

(i) where necessary, we are authorized to act on your behalf as your agent;

(ii) we are authorized to administer your account on your behalf; and

(iii) you are to remain responsible for your account with any third-party providers.

4- Changes to the services and terms

(a) We are always working to improve the Services and may change the Services or stop providing parts of the Services from time to time. This may be for a number of reasons, for example where changes are necessary because of a change in Laws or are desirable to keep up with developments in technology, or where things happen that make it unwise or difficult to continue to provide a Service in its current form. In the unlikely event that we think that the change is likely to have a serious detrimental effect on you or the business you represent, we will tell you about the change either by email or when you next log into the Services.

(b) When we notify you of a change to the Terms or the Services, the change will take effect not until at least seven (7) days after the date we notified you of the change. If we do not hear from you we will assume that you are happy with the change.

5- Legality and Liability

5.1 The Client shall not use the Website to host, store, send, relay or process any material, or for any purpose, which:

(a) is unlawful, illegal, fraudulent, or which breaches any applicable laws, regulations or legally binding codes;

(b) infringes any third-party rights; or

(c) may give rise to any form of legal action against the Provider or the Client or any third party.

5.2 The Client warrants that any and all marketing lists (including, without limitation, email marketing lists) provided by or on behalf of the Client to the Provider in connection with this Agreement and/or the Contract Documents are collected and collated in accordance with all applicable laws and regulations, and that Provider may use any such lists for the purposes of the Services.

5.3 In no event shall Provider, its employees, consultants, officers, directors, members, and/or agents be liable for any loss, direct or consequential damage, cost, expense, claim, or other liability of any kind whatsoever (including, without limitation, lost profits, lost revenue, and/or attorney fees), whether caused by, arising out of, resulting from, or occurring in whole or in part due to some negligent act of Provider. In no event shall Provider’s total cumulative liability (including, without limitation attorney’s fees) for any claims in connection with this Agreement and/or the Contract Documents exceed the fees paid to Provider for or otherwise in connection with the Services.

6- Intellectual Property Rights

6.1 Client grants to the Provider a non-exclusive license to use the Website to the extent required for the Provider to perform its obligations and exercise its rights under the Agreement.

6.2 All intellectual property rights in any works arising in connection with the performance of the Services by the Provider shall be the property of the Provider. The Provider hereby grants to the Client a non-exclusive royalty-free license to use any intellectual property created during the contractual term once said term has been completed in its entirety.

6.3 The Provider retains the right to use the Client’s logo on the Provider’s website for marketing or promotional purposes unless otherwise stated in the Statement of Work Agreement.

7- Fee, Charges, and Payment

7.1 Fees

(a) The Fees will be as quoted in the Service Pricing from time to time.

(b) The Service Pricing will explain whether the Fees that you are to pay for the Services are one time Fees, recurring Fees (for example, monthly, annual, etc.), transaction-based service Fees or some other kind of Fees.

(c) The Fees for a Service exclude all applicable sales taxes and other taxes which will be added on to the Fees. An entirety of the Fees will be paid by you for Search Marketing PPC.

7.2 Payments

(a) When you submit your Order, you must provide us with the payment information that we request, which may include:

(i) details for a valid credit card from a card issuer acceptable to us; or

(ii) details for a valid bank account.

(b) You must keep your credit card or bank account information up to date at all times during the term of the Agreement. You authorize us to check your information (including any updated information), to obtain credit authorizations from the issuer of your credit card, and to either charge your credit card or debit your bank account from time to time for any sums payable by you to us.

(c) You must pay for the Services when we require you to. We will charge the card or take the money from the bank account whose details you give us when you place your Order.

(d) If you don’t pay when you are supposed to:

(i) we may charge you interest on the overdue amount at the lesser of 1.5% per month or the highest rate allowed by applicable Laws. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether or not this payment occurs before or after any court judgment is made. You must pay us interest in addition to the overdue amount; and

(ii) we reserve the right to suspend or cancel all or part of the Services and your access to them.

(e) We may offset any amounts you owe us (whether in reimbursement or otherwise) against any payments we make to you.

8- Warranties

8.1 The Client acknowledges that:

(a) Search engine algorithms will change from time to time, which may affect the Website’s rankings in the organic section of search engine results pages, and the Provider has no control over such changes;

(b) The promotion of the Website may lead to higher traffic levels and bandwidth requirements for the Website, and the Client will be responsible for arranging and paying for such requirements; and

(c) Notwithstanding the Services, the Website’s search engine results page rankings and traffic levels may decrease as well as increase;

(d) Social media algorithms will change from time-to-time, which may affect the ad rankings in the news feed or timeline section(s), and the Provider has no control over such changes.

8.2 Provider does not warrant that any particular results will be achieved through the Services. Where the Provider indicates specific targets that it will attempt to meet through the provision of the Services, such targets are aspirational and are in no way guaranteed. Failure to meet any such targets shall not constitute breach of this Agreement or entitle the Client to damages of any kind. Except for the express representations and warranties stated in this Agreement and/or the Contract Documents, Provider disclaims any and all warranties associated with the Services, either express or implied, including, without limitation, warranties of merchantability and/or fitness for a particular purpose.

8.3 The Client understands and acknowledges that the ads will run until the budget has been depleted due to standard engagement rates determined by Facebook and/or Instagram. If the client wishes to have their ads continue to serve after their budget has depleted, they will be required to notify the Provider of an increase in Ad Spend either verbally or in written form. An increase in Ad Spend may result in an increase of management fees due by the Client. This is an advertising service and there is no guarantee of success (financial gain, website traffic, or other).

9-Service Availability and Security

9.1 You understand and acknowledge that the Services are not intended to be error free and that from time to time the Services may contain mistakes, be unavailable or may not be fully functional. This may be as a result of planned or required maintenance, repairs or updates, equipment failures, high volumes of internet traffic, interruption of telecommunications or digital transmissions links, network or system errors or many other factors.

9.2 We will try to minimize any disruption to your use of the Services, however, we do not promise that any Service will be provided on a continuous and uninterrupted basis, or that we will be able to correct any error that occurs in the Services. We will not be not liable for any interruptions to the Service availability or functionality, whether caused by an Event Outside Our Control or by anything else.

9.3 You should notify us if you notice any problems with the availability or functioning of the Services so that we can try to fix these problems.

9.4 We may temporarily suspend any Service at any time if:

(a) we believe this is necessary in order to carry out essential maintenance;

(b) we believe this is necessary in order to prevent or respond to hacking attempts, service attacks or other similar activities directed at our systems, or to deal with any other emergency technical issue;

(c) we have reason to believe that you are no longer using the Services or that the password and access codes we have provided to you are being misused, for example, where you fail to respond to emails from us or Our Representatives regarding your contact information; or

(d) this suspension is required by a third party with authority, including any of Our Representatives, ICANN and judicial, regulatory or governmental bodies.

9.5 Although all information transmitted to us is stored in operating environments which we believe are within industry standards for security, you acknowledge and agree that no data stored on or transmitted over the internet can be guaranteed to be 100% secure. We are not responsible for any security breach or any interception or interruption of Your Content, Your Data or any communications that you send through your use of the Services.

(a) You are responsible for securing and backing up Your Content and Your Data.

10- Termination

10.1 Liquidated Damages

Services are (a) one-time, (b) month-to-month or (c) defined term, then month-to-month. If Client has agreed to a specific term of service, then Client must fulfill the entire term length. Services may not be paused during the Term. If services are cancelled before the Term has expired, then Provider shall be entitled to collect EIGHTY PERCENT (80%) of any remaining fees contemplated by this Agreement and/or the Contract Documents, whether or not invoiced, as liquidated damages immediately upon cancellation. Client agrees that quantifying losses arising from early cancellation of the Term is inherently difficult insofar as Provider may or may not have already allocated resources or made other business management decisions on the assumption that Client would continue service through natural expiration of the Term. Client acknowledges and agrees that the payment required by this section for early termination is not a penalty, but rather a reasonable approximation of damages that may result. For month-to-month terms, Provider will not refund any amounts that have already been charged.

11- Rights Granted by You to Us

(a) You grant to us a worldwide, non-exclusive, sub-licensable and permanent right to access, use, copy, store, modify and publish Your Content and Your Data on Our Websites or through any other form of media, for any purpose in connection with the Services or the Agreement, for our own marketing, research and promotional activities (including sharing Your Content and Your Data with selected third party social media and networking sites) and for the internal business purposes of us and Our Representatives, except where this is in any way restricted by any term of the Agreement or by any applicable Laws.

(b) You agree by requesting a site scrape of your existing website that you authorize us to conduct the site scrape on your behalf and have all the rights to the Content on your existing website to allow us:

(i) to perform the site scrape on your behalf; and

(ii) to use, fully access, copy, store, compile, recompile and index (at your request) any of the Content scraped in your Services including but not limited to any data and copyright works comprised therein, or any portion thereof, by automated means including web ‘spiders’ or ‘crawlers’.

(iii) In no event will we be liable for any claims that the Content scraped from your existing website infringes the Intellectual Property Rights of any third party. If you are in any doubt as to ownership of the Content of your existing website please do not request the site scrape. This grant shall apply notwithstanding any contrary terms and conditions which you may apply to such website from time to time. Your continued use of the Services shall constitute a waiver of any applicable contrary terms and conditions and any other rights you may have, contractual or otherwise, to restrict the rights granted to us or Our Representatives under this paragraph 17(b).

(c) We may transfer the rights granted to us under this paragraph 11 to another organization.

12- Data and Privacy

(a) You will own all rights in Your Data and you are solely responsible for ensuring the legality, reliability, integrity, accuracy and quality of Your Data.

(b) You will make sure that all use of the Services by you, or your employees, agents and contractors, will meet all relevant data protection and privacy Laws

(c) We are the sole owners of all rights in Our Data and we may use it at our discretion and without restriction, including after cancellation of any or all of the Services. You must not:

(i) disclose any of Our Data to anyone; or

(ii) use any of Our Data for any marketing or promotional purposes or in any way that is inconsistent with our Privacy Policy or applicable Laws.

13- Confidentiality

(a) As a result of entering into the Agreement, you may get access to, information about us which is not known publically (“Confidential Information”). You must keep this secret and you are not allowed to share it with any third party or allow any third party to look at it, and you must make sure that your employees, agents and subcontractors, meet these rules too.

(b) You must make sure that our Confidential Information is only used by people who need it in order to carry out duties they may have in connection with the Agreement

(c) This paragraph 13 will not prevent you from sharing information which is already known generally to the public or known to you outside of the Agreement.

(d) If you become aware of any actual or threatened unauthorized use or sharing of any of our Confidential Information, you must tell us as soon as possible

14- Our Liability to You

(a) There is no limit under the Agreement to what we or any of Our Representatives will be liable for if we have committed fraud or if someone dies or is severely injured due to our gross negligence.

(b) Except for the matters set out in paragraph 14(a), neither we nor any of Our Representatives will, in any circumstances, be responsible for any

(i) loss of profits, sales, business, or revenue

(ii) loss, or corruption of data, information or software or loss of use of information;

(iii) loss of business opportunity;

(iv) loss of savings you expected to make;

(v) loss of goodwill; or

(vi) loss or damage that you and we would not have thought likely at the time the Agreement was formed.

(c) If we do not keep to these Terms, we will only be responsible for losses you have suffered which you and we would have thought likely at the time the Agreement was formed. We are not responsible for any other loss that you suffer, whether that loss is caused because we have not kept to our obligations under the Agreement, because of something we have done or not done, because we have made defamatory statements or otherwise as a result of:

(i) you using or relying on the Services;

(ii) you not being able to use the Services;

(iii) any mistake, fault, failure to do something, missing information, or virus or other form of computer programming malware in the Services or if the Services don’t work properly because of Events Outside Our Control;

(iv) theft or destruction of information or someone getting access to our records, programs or services without our permission; or

(v) any information, data, message or other material which you email, post, upload, reproduce, send, or otherwise distribute or receive using the Services

(d) Except as set out in the Terms, we do not make any promises in relation to the Services. Where any promises would be implied into the Agreement by law, we exclude these as far as it is within our rights to do so. It is up to you to decide whether the Services are suitable for your needs. We won’t be responsible for this. We do not make any promises concerning the performance, results or success rates that may be achieved by any Service.

(e) We do not control the Content made available by your use of the Services and we do not guarantee the accuracy, truth, quality or appropriateness of this Content for your needs. By using the Services, you may be exposed to Content that is offensive or indecent (including spam), or which may contain viruses or other computer programming malware. Under no circumstances will we or Our Representatives be liable in any way for any Content posted, emailed, transmitted or otherwise made available by your use of the Services.

15- Contractual Authority

(a) You confirm that:

(i) you have the authority and are signing the Agreement (1) in your individual capacity, (2) as a representative of the business on whose behalf you are signing the Agreement, and (3) as a representative of the business for whose benefit the Services are being purchased (if such business is not the same as the business on whose behalf you are signing the Agreement); and

(ii) you are over eighteen (18) years of age.

16- Other Important Terms

16.1 Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.

16.2 We may transfer our rights and promises under an Agreement to another organization. We will tell you if this happens

16.3 No person, other than you and us, will have any rights to enforce any of the terms of the Agreement.

16.4 By execution of the Agreement, the signer of the Agreement personally and individually undertakes and assumes, jointly and severally with the business on whose behalf the individual is signing, the full performance of the Agreement including payment of amounts due under the Agreement.

16.5 If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you.

16.6 All references in the Agreement to “written” or “writing” will include email unless stated otherwise.

16.7 The Agreement contains the whole agreement between you and us relating to the Services and supersedes all other oral or written communications, undertakings and agreements, if any, between us relating to the Services. You acknowledge that you have entered into the Agreement without relying on any previous statement or promises made by us, unless those statements or promises are expressly included in the Agreement. However, this paragraph 16.7 does not in any way limit our liability for making fraudulent statements in connection with the Services or otherwise.

16.8 Our sales representatives have no authority to make any changes to the Agreement or to commit us in any manner whatsoever in contradiction to the provisions expressly set forth in the Agreement.

16.9 We are not in any kind of partnership, contract of employment or joint venture with you. Nothing in the Agreement will be taken as authorizing you to act as our agent.

16.10 The Agreement will be governed by, and interpreted in accordance with, the laws of the State of Florida, (without reference to its conflicts of laws principles).

16.11 In any legal proceedings, both parties agree to waive any rights they may have to participate in any class, group or representative proceeding and both parties agree to waive any right they may have to a trial by jury.

SERVICE TERMS FOR DIRECTORIES SERVICES

ACKNOWLEDGEMENT:

In consideration of the mutual discussion of the described herein, to inform Client of the service(s) acquired. This will suffice as hereby acknowledged by Provider and Client.

1) Service:

(a) An online directory or link directory is an online web listing or catalog of websites. This is a directory on the World Wide Web of (all or part of) the World Wide Web.

(b) Such service example as follows: Facebook, Yellow Pages, with 60+ more.

(c) We may not be able to complete all or parts of this Service if you have an existing listings management service with any third parties that we rely on to provide this Service.

(d) Some parts of this Service require you to authorize us to access/manage your accounts, including your Google account. If you do not provide such authorization, we will not be able to complete this Service with respect to your Google page, or with respect to other third party sites requiring you to provide similar authorization.

2) Term:

The Term will commence on the contract signed date and will continue as per contract for 12 consecutive months, after which the Agreement will renew month to month until terminated. The agreement may be terminated earlier in accordance with early cancellation provisions contained in the General Agreement.

SERVICE TERMS FOR WEBSITE SERVICES

ACKNOWLEDGEMENT:

In consideration of the mutual discussion of the described herein, to inform Client of the service(s) acquired. This will suffice as hereby acknowledged by Provider and Client.

1) Service:

(a) “Website” means the websites and/or web services specified in the Statement of Work, to be marketed by the Provider under this Agreement.

(b) Warranty: The Client understands and acknowledges that Provider is not responsible for material found on Client’s website that violates the search engine(s) advertising policies, and thus is not financially responsible to compensate fees if the website is suspended from the search engine(s) for policy violation.

(c) The Provider will promote the Website during the Term in Section 2. Promotion will include the Services specified in the Statement of Work, and may in addition include the provision of some or all the following Services:

  1. Modification of the Website (including adding, deleting and/or altering text, images, pages, meta-tags, titles, mark-ups, style sheets, scripts, applications, internal and external links and Website structure);
  2. Paid and unpaid submission of the Website to search engines and directories;

III. Creation and publication of material and applications relating to the Website on other websites;

  1. Implementation, management, and operation of affiliate marketing programs; and/or
  2. Other website and web service marketing and promotion techniques, whether known on the Effective Date or invented or disseminated thereafter.

2) Client Responsibilities (for website design projects)

2.1 The Client shall provide to the Provider:

  1. a) the ability to access and make changes to the Website; and
  2. b) relevant content to be included in Website design within the timeframe outlined in section 1(c).

2.2 Website terms and conditions. By signing this agreement, Client acknowledges and agrees to the following:

(a) Websites are template-based websites and are not custom-built websites.

(b) The only deliverables for the Website packages are found at https://gallery.sciential.agency/. Anything beyond the deliverables found here will not be provided.

(c) The Website package includes monthly maintenance. The monthly fee is only for hosting, SSL and security.

(d) Websites are meant to have a quick turnaround and will be deemed ready to launch within 21 days, regardless of whether content has been submitted. Client will submit any content changes within 21 days of signing this Agreement.

(f) The commitment term for all Small Business Websites is 6 months at the monthly rate included in the Statement of Work. Early cancellation will include a penalty of 75% of the remaining dues to fulfill the 6month commitment.

(g) After the 6-month commitment, the recurring charges will continue month-to-month unless another agreement is put in place.

(h) Transfer of Ownership: the website can be transferred to the Client to the compatible platform upon their request.

(i) Transfer of Domain: The Client shall provide to the Provider credentials to current hosting company within 14 days.

3) Design Revisions (applicable for Websites)

3.1 Display Ads / Remarketing Ads / Facebook Ads Revisions. The Client is allowed the following rounds of revisions at each stage in development:

  1. Ad theme based on 3 sizes: 2 rounds of revisions
  2. Creation of remaining sizes: 0 rounds of revisions

Any and all subsequent or additional revisions shall be billed to Client at Provider’s then-current hourly rate unless otherwise specified in the Contract Documents.

4) Term:

The Term will commence on the contract signed date and will continue as per Contract, after which the Agreement will renew until terminated. The project specified in the Statement of Work will commence in the discussed frame of time by Provider and Client. Client must give Provider all relevant content within 21 days or the project will be terminated. For Websites, client must give Provider all relevant content within 21 days. If Provider cannot reach Client, or Client does not contact Provider for a period greater than 60 days, the project shall be terminated without a refund to Client of any amounts paid in connection with either this Agreement and/or the Contract Documents and billing will continue through the end of the Agreement term.

SERVICE TERMS FOR SOCIAL INTELLIGENCE SERVICES

ACKNOWLEDGEMENT:

In consideration of the mutual discussion of the described herein, to inform Client of the service(s) acquired. This will suffice as hereby acknowledged by Provider and Client.

1) Service:

(a) Building your Social Media platform to increase your online presence for a broader customer base and increasing chances for new business.

(b) For Social Intelligence Clients, accounts can take up to 45 business days to complete. This time frame can vary based on the specific account build.

(c) Some parts of this Service require you to authorize us to access/manage your accounts, including your social media accounts. If you do not provide such authorization, we will not be able to complete this Service with respect to your social media pages, or with respect to other third-party sites requiring you to provide similar authorization.

2) Term:

The Term will commence on the contract signed date and will continue as per contract, after which the Agreement will renew until terminated.

SERVICE TERMS FOR PHONE IQ SERVICES

ACKNOWLEDGEMENT:

In consideration of the mutual discussion of the described herein, to inform Client of the service(s) acquired. This will suffice as hereby acknowledged by Provider and Client.

1) Service:

(a) Call tracking and analytics to help you see how your visibility is having an effect on your client(s).

2) Term:

The Term will commence on the contract signed date and will continue as per contract for 12 consecutive months, after which the Agreement will renew month to month until terminated. Agreement may be terminated earlier in accordance with early cancellation provisions contained in the General Agreement.

SERVICE TERMS FOR REVIEW GENERATOR SERVICES

ACKNOWLEDGEMENT:

In consideration of the mutual discussion of the described herein, to inform Client of the service(s) acquired. This will suffice as hereby acknowledged by Provider and Client.

1) Service:

(a) Ability to protect your businesses reputation, by responding to reviews both positive and negative, claiming it’s source, and automating your review solicitation.

(b) We will provide the following service to you: providing you Review Generator email templates, to distribute to your customers; gathering, managing customer feedback; and providing access to view customer feedback and customer reviews gathered on the Internet.

(c) SMS/Short Code – your business is required to comply with wireless carrier compliance rules, industry standards, and all applicable laws, in the use of any SCIENTIAL.AGENCY short codes and SMS messages. One key compliance requirement is ensuring that the recipients of your text messages (your recipients) have expressly consented or “opted-in” to receiving text messages as part of your campaign. There are several ways that your recipients can opt-in to receiving messages from you as part of your text messaging campaign. In each case, however, your campaign’s opt-in message flow must meet compliance standards set by the law, industry standards, and wireless carriers. The industry compliance standards for US short code opt-ins can be found in the CTIA Short Code Monitoring Handbook. As a courtesy, we’ve outlined them below.

Handset Opt-In

Use this for ending a text message from a mobile phone to a short code.

When a recipient signs up from a mobile handset, a double opt-in process is advised, but not required. The message flow might look like this:

Recipient: {Keyword}

Short code: Welcome to {Campaign Name} {Description} Alerts! Msg&data rates may apply. {Message frequency} Reply HELP for help, STOP to cancel.

  •         The “description” should be a single word to define the kind of alerts, e.g. “Account Alerts,” “News Alerts,” “Promo Alerts,” etc.
  •         The message frequency must be specific, but can be any interval, for example: “1 message per day,” “4 messages per month,” “2 messages per transaction,” etc. If the message frequency will vary based on user interaction, “1 message/user request” is standard.

Non-Handset Opt-in

For asking to receive text messages and giving your mobile number to a website, mobile app, paper form, via verbal agreement, or otherwise opting in without using a handset.

When a recipient initially signs up by any means other than from a mobile handset, a double opt-in process may be used but is no longer required for recurring message programs. The message flow might look like this:

(Recipient signs up without using mobile handset, and receives a text message from the short code asking to confirm opt-in)

Short code: Text YES to join {Campaign Name} {Description} Alerts. Msg&data rates may apply. {Message frequency} Reply HELP for help, STOP to cancel.

Recipient:YES

Short code: Welcome to {Campaign Name} {Description} Alerts! Msg&data rates may apply. {Message frequency} Reply HELP for help, STOP to cancel.

Note: Rather than confirming opt-in with a text message keyword such as YES, recipients may confirm by entering a verification code online instead. Once the verification code has been entered, a compliant welcome message must be sent to the handset.

Additional Requirements

While these guidelines are based on industry standards, we recommend that your review the full set of standards outlined in the CTIA Short Code Monitoring Handbook. Additionally, you should expect that your short code campaign will be audited at some point by a carrier or industry organization. In our experience, U.S. short code campaigns are typically audited for compliance with the CTIA Short Code Monitoring Handbook, but please note that each carrier reserves the right to suspend short code service for any user at any time, so compliance with the above guidelines is not a guarantee against suspension of service by a carrier.

In addition to wireless carrier compliance standards, there may be compliance requirements under U.S. law, including the Telephone Consumers Protection Act of 1991 (TCPA) or the Healthcare Insurance Portability and Accountability Act (HIPAA), depending on the nature of your text messaging campaign. These requirements may include things such as ensuring that the consent you receive from your recipients is in writing or ensuring that use of your services is not conditioned upon consenting to receive your text messages, or both. The specific legal compliance requirements will depend on the details of your text message campaign, and you should consult with your legal counsel to ensure that your text messaging campaign complies with the wireless carriers standards, industry standards, and with the law applicable to your campaign.

2) Term:

The Term will commence on the contract signed date and will continue as per contract for 12 consecutive months, after which the Agreement will renew month to month until terminated. Agreement may be terminated earlier in accordance with early cancellation provisions contained in the General Agreement.

SERVICE TERMS FOR LOCAL ADWORDS EXPRESS SERVICES

ACKNOWLEDGEMENT:

In consideration of the mutual discussion of the described herein, to inform Client of the service(s) acquired. This will suffice as hereby acknowledged by Provider and Client.

1) Service:

(a) For Local AdWords, at least once during each calendar month during the Term, the Provider will supply to the Client a digital report about the Services provided in relation to the campaign. Such digital report will include at least the following information: number of clicks, budget spent, average cost-per-click, conversion, highest performing ad copy and highest performing keywords. Accounts can take up to 10 business days to complete. This time frame can vary based on the specific account build.

(b) Warranty: The Client understands and acknowledges that the ads will rotate on the search results page due to the highly competitive nature of online advertising and dynamic bidding platforms. Ads may also come off the page if the advertiser’s daily budget is exceeded due to click volume. If the ad comes off for the day, it will be back online at midnight the next day within the time zone specified in the Client’s advertising platform settings and/or within the schedule agreed upon by the Client. This is an advertising service and there is no guarantee of success (financial gain, website traffic, or other). The Provider will be added as “first on record” where applicable on partner platforms to ensure all services can be provided to the Client.

2) Term:

The Term will commence on the contract signed date and will continue for as per contract, after which the Agreement will renew month to month until terminated. The Agreement cannot be terminated during the first 90 days, after which either party can terminate the Agreement with a thirty (30) day notice. Agreement may be terminated earlier in accordance with early cancellation provisions contained in the General Agreement.

SERVICE TERMS FOR NATIONAL MANAGED ADWORDS SERVICES

ACKNOWLEDGEMENT:

In consideration of the mutual discussion of the described herein, to inform Client of the service(s) acquired. This will suffice as hereby acknowledged by Provider and Client.

1) Service:

(a) For National Managed AdWords, at least once during each calendar month during the Term, the Provider will supply to the Client a digital report about the Services provided in relation to the campaign. Such digital report will include at least the following information: number of clicks, budget spent, average cost-per-click, conversion, highest performing ad copy and highest performing keywords. Accounts can take up to 14 business days to complete. This time frame can vary based on the specific account build.

2) Term:

The Term will commence on the contract signed date and will continue as per contract for 12 consecutive months, after which the Agreement will renew month to month until terminated. Agreement may be terminated earlier in accordance with early cancellation provisions contained in the General Agreement.

SERVICE TERMS FOR DUPLICATE SUPPRESSION SERVICES

ACKNOWLEDGEMENT:

In consideration of the mutual discussion of the described herein, to inform Client of the service(s) acquired. This will suffice as hereby acknowledged by Provider and Client.

1) Service:

(a) A proprietary technology that identifies the listings to suppress from the listings to optimize.

(b) Redirect traffic from duplicate listings to a root listing, only suppressing the duplicate listings.

2) Term:

The Term will commence on the contract signed date and will continue as per contract, after which the Agreement will renew month to month until terminated The Agreement cannot be terminated during the first 90 days, after which either party can terminate the Agreement with a thirty (30) day notice. Agreement may be terminated earlier in accordance with early cancellation provisions contained in the General Agreement.

SERVICE TERMS FOR ALEXA LISTING

ACKNOWLEDGEMENT:

In consideration of the mutual discussion of the described herein, to inform Client of the service(s) acquired. This will suffice as hereby acknowledged by Provider and Client.

1) Service:

(a) Amazon Alexa and Your Agreements with Amazon. Alexa is a service of Amazon and is operated on Amazon’s systems. Your use of Alexa-enabled devices is subject to your agreements with Amazon and Amazon’s privacy policy. PR is not affiliated with Amazon and is not a party to or responsible for your agreement with Amazon, Alexa, and/or AVS. Your interactions with PR through Alexa (which include but are not limited to spoken utterances and commands) could be monitored, recorded, stored, and used by your Alexa-enabled device or by Amazon. Please review your Alexa agreements with Amazon and Amazon’s privacy policy for how Amazon and your Alexa-enabled device treat those interactions.

(b) Data submission through a primary source directly to Alexa

2) Term:

The Term will commence on the effective date and will continue from month to month until the Agreement is terminated. This Agreement may be terminated by the customer for a full refund within 72 hours of the customer’s execution of the Agreement. If the customer wishes to terminate this Agreement at any time, the customer must send written notice of the request for termination to the Company via email to hello@sciential.agency. If the request for termination is sent according to this paragraph and it is received by the Company within 72 hours of the customer’s execution of this Agreement, then the customer will receive a full refund. If, on the other hand, the request for termination is received after that time, the customer will be billed only for the monthly fee applicable to the month in which termination was requested and services will be terminating the following month. However, the build-out fee will not be refunded under any circumstance except for the customer’s proper termination within 72 hours of executing this Agreement, as provided in this paragraph. Notwithstanding this paragraph, either party may terminate the Agreement with thirty (30) day’s written notice to the other and in such case, services will be charged only for the month in which the termination occurred and the termination shall be effective as of the first day of the following month.