This policy represents your agreement with TVAdSwap.com, hereinafter referred to as the Company, in addition to all emails exchanged between us and yourselves. Please retain your emails for future reference in the unlikely event of any dispute. In addition to the terms here, our FAQ is an extension of our terms of service as well.
From time to time, we may have to revise the policies on our terms and conditions. Any changes or updates to these policies are normally minor and do not affect the overall agreement between both parties. However, please always make sure you do check back on this page regularly for updates.
This policy is presented by Company, a Texas based web services and hosting provider.
When you register as a Vendor or Sponsor to have any services rendered by Company, including but not limited to advertising, sponsoring and so on, you are agreeing to these Terms and Conditions as outlined on this page. You should read this agreement carefully as it will form a legally binding contract between us and you. Your acceptance of this agreement and contract begins when you proceed with confirming your account in our project management portal known as the ACP.
We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you may not understand. We do want what’s best for the safety of both parties, now and in the future. In short, you may be a direct Client of ours, in the business of selling our services as your own brand, will be asking Company, to place your advertisements, marketing and support services. All agreed services and pricing will be provided in a separate document.
What do both parties agree to?
As our Client, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner, too. Deadlines work two ways and you will also be bound by any dates that we set together. Failure to comply or communicate and provide us with required information or resources resulting in a past due completion date will be the responsibility of the client, not the Company. You also agree to stick to the payment schedules set out in the proposal that you will have been sent. We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Again, we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any personal information that you give us.
Service Cancellation:
Services can be cancelled by our direct Client or Company management. If service is cancelled by our Client during or after advertisement is placed, there will be no refunds. No responses by a Client regarding a service for 30 days is considered abandoned. If service is cancelled by Company due to Client not responding after 30 days, there is absolutely no refund. Any amounts owed to Company must be paid immediately. If Client wishes to re-activate the service, the cost is $500 per service and must be paid before service is reactivated.
Confidentiality:
The Client and Company may disclose confidential information between themselves regarding any work under this agreement, in order to facilitate and complete the services. Such information will be identified during the course of any email, written or verbal communication between both parties, and shall be safely retained and not disclosed to any other third parties by either the Company or the Client.
Payment Schedules:
The payment schedules will be outlined in a separate proposal (again sent by email to the Client or accessible in our project management system). We are confident that you understand that any invoices sent to you should be paid promptly, and our terms of payment are due on the presentation of each invoice you will receive. Invoices are sent out every Friday and payment is expected no later than the following Wednesday. Late or delayed payments may incur a Late Fee Charge of $35 after 7 days of non-payment, and may also compromise the time limits on placing your ads. Late and non-payment may also result in the loss of services being completely nullified. Failure to pay within 14 days will result in Company contacting clients to demand full payment. If non-payment surpass 30 days and service has been removed, client must pay for the service to be done again. This is non-negotiable.
Liability:
We cannot guarantee that the details and design of advertisement, will always be error free, and therefore we will not be liable in any way whatsoever to you for any third party damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this advertisement, even if you have advised us of the possibilities of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
The Copyright:
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the advertisement are either owned by you, or that you have permission to use them. When we receive your final payment, copyright is automatically assigned as follows:
You will own the text files, images, graphics and any visual elements, or sound bytes, that you may have sent to us to use in connection with any service (unless someone else owns them).
We maintain copies of all the files used in connection with your advertisement as backup and can provide access to the files online upon request.
Unless stated otherwise in a separate agreement, Company will NOT own the copyright (or any specific vendors that may have supplied some files in connection with your design project own the copyright) to the markup, other materials that may have been used by us for you, or certain images that we may have supplied to or for you.
In addition, Company will not re-use any Client files and resell to another Client or create new advertisement, programs, services to compete with the Client.
If you are a direct Client of Company, we also reserve the right (because it is good to tell or show other people what we may have done), to display and link to your completed project as part of our portfolio, and to write about the project on other web sites, in magazine or ezine articles, books, written or digital publications of any design and source.
IMPORTANT: We cannot guarantee or accept any liability whatsoever for downtime. There are no refunds or repayment for your advertisement no longer functioning properly.
REFUNDS
Every Agency plan and Virtual Assistant solution plan requires time and effort from customer support, technical support, ongoing workers for different projects you may have placed, project managers, quality assurance and other managers just to take care of you during the time you are with us from day 1. There is a lot of ongoing costs every single day to take care of all clients like yourself and your clients. For this reason, there are no refunds for any Agency plans or VA Solutions plans.
For projects, if you can request a refund before ANY work has begun, a 100% refund will be issued to you. However, once any of our staff begin work, including but not limited to research, designing, coding, etc, there are no refunds.
If you request a full integration and you decide to stop the project half-way, it is possible that there may be a partial refund. Determining how much of the project is complete and how much can be refunded is at our full discretion.
Once your advertisements are placed to a server of your choice, there are no refunds. We cannot guarantee 100% function on another server after your advertisement is completed on our demo server. We cannot be held responsible for lack of resources on your selected server or incompatible server settings.
With our VA plans, to ensure you are using your plan, your credits will reset after every 30 days. In most cases, credits are all used up each month by our clients and resellers that use our VA plans. Just make sure you give the team plenty of work to do. We will just send an invoice for any overages or it can be held off until the next payment comes through. There are no refunds for any VA plans. Funds from all plans can only be depleted and not refunded. Please be aware that it takes a lot of time and manpower to discuss projects and assign tasks to our workers. These are free consultations and we are paid only for the hours logged by workers. Consultations can go on for days without any assignment, which puts us at a loss.
Membership Transfer
Just the same as a fine, you cannot transfer a Agency membership to anyone else without our consent or permission. This contract remains in force and need not be renewed. If for any reason, one part of this contract becomes invalid, or unenforceable, the remaining parts of the contract still remain in place. Although we have tried to keep this contract language simple, the intentions are serious, and the contract is a legal document under the exclusive jurisdiction of English Law and Courts.
Failure to enforce these Terms and Conditions and related Policies in every instance does not amount to a waiver of Company rights.
Changes to TOS
Company and their server providers reserves the right to add, delete, or modify any provision of these ‘Standards Of Service’ at any time without notice. Failure to receive notification of a change does not make those changes invalid.