Terms of Service
If you do not agree with the terms of this contract, please exit this site immediately. Please be advised that your continued use of this site, the information provided herein, or use of our services shall indicate your consent and agreement to these terms.
Copyright and Content Protection:
All information, text, images, videos, graphics, and any other material within this site is copyrighted and protected utilizing IP filters and tracking software. Any information, text, images, videos, graphics, and any other material within this site is not to be reproduced, replicated, copied, or otherwise distributed in any way or form without prior written permission from Pacospain. Violation of this policy will result in prosecution under any applicable Federal, State, or Local statutes as well as any applicable monetary damages under any applicable civil statutes. Any content within this site is the intellectual property of Pacospain and its shareholders, which includes any comments, discussions, or other materials posted by Pacospain administrators or by website visitors.
Release of Risk:
To the maximum extent permitted by law, Pacospain and its suppliers and contractors disclaim all warranties not expressly set forth in this document, whether express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to Pacospain services. The maximum aggregate liability Pacospain may have to you will be limited to the total amount of fees collected from you. Pacospain will have no liability in connection with the functionality or content of any search provider or internet publisher or website not owned by Pacospain. This agreement shall be governed and construed by the laws of the EU (European Union). All claims against Pacospain and/or this contact must be made and filed in a court of competent jurisdiction, that being within the EU (European Union), within one (1) year of the last date of service provided. Knowing that the applicable statute of limitations may be greater than one (1) year, you waive said statute of limitations and agree that suit must be filed within one (1) year or be barred.
You also agree that this transaction is a commercial transaction and not governed by the Consumer Protection Act. You further agree that in any action brought under this agreement, you waive your right to a trial by jury. In the event that you breach this agreement, you will be responsible for any attorney’s fees and costs in the collection, suit, post judgment, appeal, and the like, of these monies due and other prosecution and/or defense fees under this agreement. Furthermore you acknowledge that all claims are against the company Pacospain only, and you hold all employees, contractors, and associates of said company individually harmless for their services.
Explanation of Services & Exclusions:
Social Media Marketing:
Pacospain social media marketing packages consist of building or optimizing a page on Twitter, Youtube, Facebook, and/or other social media websites. Pacospain marketing services also include building a fan base and following on these social media sites. We require full access to your social media accounts, including but not limited to administrator access and/or user name and password to make applicable changes both on page and off page. We guarantee to meet the quota provided in your social media marketing proposal, however due to the ever changing nature of social media and 3rd party websites we cannot guarantee that you will retain all of your fans, followers, or subscribers on social media websites.
Search Engine Optimization:
Pacospain search engine optimization services include both on page and off page optimization work. Pacospain will require FTP and server access to your website to implement on page SEO changes. Pacospain guarantees to meet or exceed off page link building requirements. While most links remain live for years, due to factors beyond our control on 3rd party websites we can only guarantee links will remain live for 3 months. Pacospain may provide an estimated time frame or cost for ranking higher in search results; Such an estimate is only a best guess from past experiences and may not accurately reflect the actual amount of time or cost to achieve higher rankings due to factors beyond our control such as website age, website content, search engine algorithm changes, and other factors. Pacospain primary objective is to improve your company’s search engine rankings, however due to factors beyond our control and constant changes in search engine ranking algorithms we cannot guarantee that your website will increase in rankings. Pacospain takes every measure possible to protect your site from adverse effects of search engine optimization work, including following applicable industry best practices and closely monitoring SEO campaigns. In extreme cases search engine optimization work can harm search engine rankings, including but not limited to lower keyword placement, lower website traffic, search engines deindexing your site, and search engine penalties. Pacospain is not liable or responsible for any declines in search engine rankings, lost revenues, lost traffic, lost opportunities, or any other damages that may result from utilizing our SEO services.
Design & Development:
Pacospain offers design and development services, both for web based projects as well as intranets, mobile applications, CRMs, and other projects. All web design hosting is done via a 3rd party and we cannot be held responsible or liable for issues arising from web hosting, site down time, improper backups, loss of data, or any other hosting related issues. Pacospain will only utilize images when we have full copyright permission. Any images provided by the client are assumed to be the property of the client. All images and aspects of the website belong to the client and Pacospain is in no way responsible or liable for any issues that arise due to the images, videos, text, or other content on the client’s website. When a client requests that Pacospain utilizes stock images, photos, videos, or other media on a web design project, it is the responsibility of the client to follow all terms, copyrights, and licensing agreements for such media and is in no way the responsibility of Pacospain. I understand that with certain projects there may be the need for Pacospain to order themes, additional code, pictures, videos, or other media from 3rd parties. I agree that I am responsible for these additional costs that may not be quoted in the original price quote and it is my responsibility to abide by any 3rd party terms or agreements for such items. You understand that should these additional costs exceed 175€ you will be notified via email of the cost prior to Pacospain placing the order. Pacospain makes every effort possible to meet the needs and wants of the client, and with all projects we require any special requests to be made upfront prior to beginning the project. Any requests that are made after the project will be billed at our hourly design rate, not to exceed 150€ per hour, to make the necessary changes. I understand that I must submit any special requests in writing prior to the start of the project, including but not limited to themes, layouts, colors, text, content, page copy, color schemes, logos, graphics, icons, and any other on page elements. Any requests that I do not submit prior to starting the project and after that element of the site has been designed will be billed at our standard hourly rate. All packages include basic revisions, including small changes to the site which include swapping out images, changing parts of text, and minor edits as needed. Revisions will not exceed 3 hours of revision work unless otherwise stated in the project proposal. I agree to submit all revisions to Pacospain in writing within 5 business days of project completion, otherwise any revisions will be billed at the standard hourly rate. Any major edits including theme changes, layout changes, color scheme changes, and large on site elements will be billed at our standard hourly rate, not to exceed 150€ per hour, and are not included in the package. Additional pages outside the initial project quote will be billed at a rate between 75€ and 150€ for simple pages and a rate between 150€ and 400€ for complex pages. I understand that when I enter into a design or development contact with Pacospain, the assumption is that the current website is coded properly and that all involved 3rd parties, including company employees and 3rd party vendors, have provided accurate information pertaining to the coding and elements of the website. The cost estimate for the new design/development project is based on the information provided to us by the client and applicable 3rd party vendors. Pacospain is not responsible for additional costs incurred due to inaccurate information or problems with your current site which are discovered during the design process. Such additional costs will be billed at our standard web development rate, not to exceed 150€ per hour. When utilizing 3rd party data or 3rd party coding, our price quote is fully contingent on the 3rd party providing data in the proper format, layout, and structure so that it may easily be integrated into the website. I agree that the price quoted for the design/development project may change based on changes in pricing from 3rd party vendors and/or changes in coding, software, API’s, or other pieces of software provided by 3rd parties. In the event that additional costs discovered and/or incurred during the web design/development project exceed the client’s budget, we will notify the client in writing to ask how they wish to proceed with the project. If they agree to proceed we will provide them with a new estimate for the total cost of the project. If they do not wish to proceed, we will bill them for all current work already performed on the website and end the contract. Due to the nature of development work, any costs and time estimates provided during the proposal process are a good faith estimate and may change upon the start of the project or during the project depending on any changes in scope, coding conflicts, or other issues that arise as the result of the development project.
I agree to hold Pacospain harmless for any violations of local, state, and/or federal law related to email marketing. Pacospain is not responsible for ensuring email marketing campaigns and setups comply with any/all applicable laws. Pacospain is not responsible for ensuring email marketing campaigns and setups comply with the CAN-SPAM-ACT. I agree that it is my responsibility and the responsibility of my legal council to ensure that any email marketing campaigns setup by Pacospain comply with all applicable laws and regulations in my jurisdiction.
The Electronic Signatures, Global and National Commerce Act permits for the use of electronic signatures and I understand that this contract is bound by the rules and regulations of said act. I agree that my IP address will be logged upon signing this contract, and that by digitally signing this contract by typing my full legal name I am entering into a legally binding agreement with Pacospain.
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