Term and Condition

1. Online Advertising and Marketing Services kcgglobals Digital Marketing (CWS) offers a variety of services to improve a website’s online visibility. By engaging us, you agree to the Terms of Service set forth below. If you have questions, or if we may be of any service, please do not hesitate to contact us.
kcgglobals Digital Marketing (CWS) provides search engine marketing, optimization and associated services on a local, national and international basis. As such, we submit information on your behalf to search providers for whom you must agree to their terms and conditions. These providers may include, but are not limited to: Google, Yahoo, MSN/Bing, ASK, AOL, Marchex, InfoUSA, 411 Directory Assistance, Yellowpages.com, Superpages.com, Yellowbook.com, Yelp, Acxiom, Localeze, TrueLocal, local.com, CitySearch, MagicYellow, Dex, YP.com, iBegin, YellowBot, Insider Pages, MojoPages, Kudzu, Merchant Circle, OnStar, Craigslist, Kijiji, local online newspapers, Facebook, YouTube and other sites. The terms and conditions of these providers all apply. kcgglobals Digital Marketing (CWS) will not share your information with any business other than in the course of securing online advertising and marketing services on your behalf.
2. Advertising Material
kcgglobals Digital Marketing (CWS) has the right to place information pertaining to your business on any of the publisher and search provider websites such as those listed above and you authorize kcgglobals Digital Marketing (CWS) to develop content based on information or material provided by you or your designees and collected by kcgglobals Digital Marketing (CWS) including copy, form, size, text, graphics, names, addresses, phone numbers, URLs, logos, trade names, trademarks, service marks, endorsements, photographs or likenesses, and videos. Further, you represent that the material and information you provide to kcgglobals Digital Marketing (CWS) is truthful, not misleading, and that you have the authority to represent this product and service information to kcgglobals Digital Marketing (CWS). Additionally, if so contracted, you authorize kcgglobals Digital Marketing (CWS) to contact your customers for the sole purpose of gaining endorsements and reviews of your products and services for publication. Further, articles, press releases, and blog postings will be sent for approval before publishing. The timeliness of these pieces is critical to campaign performance. For this reason, all monthly content will be considered approved one week after the content was sent for approval unless requested edits or other communication is received from the client. Finally, you authorize kcgglobals Digital Marketing (CWS) to utilize tracking phone numbers, and even record calls on your behalf, for ‘customer service’ purposes, and upon automatic notification to all incoming callers on tracking phone numbers if/when that service is contracted. Domains purchased on your behalf will be released to you within thirty (30) days after service has been terminated.
3. Unacceptable Practices
As CWS strives to offer the very best service, there are certain guidelines and policies that must govern CWS’ efforts and relationships with its clients. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of CWS’ services. Such decisions are at the sole discretion of CWS. Unacceptable practices include, but are not limited to:
Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
Sexually oriented products or services (e.g. escort services), or other sexually oriented material
Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes)
Lingerie websites Offensive or otherwise distasteful material Content or language that is harmful to minors in any way Bulk emailing tools Distribution of internet viruses or other harmful or destructive activities Hacking and cracking Scams or phishing for personal information Solicitation of funds other than for legal charitable organization (exceptions granted on a case-by-case basis at CWS’ discretion) Illegal Gambling, gaming, lotteries, and like activities Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy, racial, chauvinistic, ethnically offensive, complaint websites, or otherwise objectionable content or language Defamatory, hateful or revenge content or language. Aids to pass drug tests or aids to pass lie detector tests. Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism, Piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties MLM without a legitimate product or service, with a front product or service, or where the primary intent is to recruit new members rather than to sell products Reverse Funnel Systems Cash Gifting Illegal drugs or drug paraphernalia Alcohol sales Tobacco sales Miracle cures Fake documents Fireworks, pyrotechnics, firearms, explosives or weapons. Intentional or unintentional violations of any applicable local, state, national or international law. Reselling of email accounts or hosting accounts to third parties. Reselling of any CWS services including, but not limited to, design services, updates, and WTD to third parties without a written re-seller agreement. Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email Links to other sites that are in violation of kcgglobals Digital Marketing’ policies and guidelines Other activities, whether lawful or unlawful, that CWS deems to be in poor taste or that reflect adversely on CWS or CWS’ other clients Upon the contingency which kcgglobals Digital Marketing accepts a contract for services on this list, any and all work performed will be compensated regardless of approval by Google, Bing, Yahoo, or any other outside agency. 4. Fees
You agree to pay kcgglobals Digital Marketing (CWS) monthly fees to cover the cost of placing and managing your online advertising & marketing services program up to an amount not to exceed what is stated in your most recent kcgglobals Digital Marketing (CWS) Contract. kcgglobals Digital Marketing (CWS) may change the maximum monthly fees in accordance with procedures established by our search providers and publishers from time to time upon notifications. All monthly fees are due at the end of each calendar month.
All credit card payments require a 3% processing fee. If an account becomes 45 days past due, all campaign activities will be paused until payment is made and the account is current. At 90 days past due, the account is to be handed over to collection.
kcgglobals has the right to charge incremental media markup fees on any media accounts up to 25% to cover the additional cost of placing media. 5. Payment
The Client agrees to pay kcgglobals Digital Marketing (CWS) compensation for the Services agreed upon between the Client and the Company as set out in this agreement and defined in the contract. as applicable. Payments shall be made on the final day of each month for Services rendered by the Company in that month. New contracts that initiate service on any day other than the 1st of the month, will be billed a prorated fee for the remaining days in that month. Invoices are delivered on or about the 15th of each month. Payment by check or credit card is due by the last day of that month (Net 15). Marketing and advertising programs may be paused if payment has not been made by payment due date; re-initiation fees may apply.
6. Term
The kcgglobals Digital Marketing (CWS) Contract specifies the initial term for which program rates will be guaranteed, and will be for no less than twelve (12) months for custom programs. All agreements are auto-renewing at the then published service rates. After the initial agreement period, either party may cancel the program with a 30-day written notice to the other party.
7. Representations and Warranties; License and Grant of Rights
You represent and warrant that you have and will continue to have the absolute and unrestricted right to publish and use all information you have provided for your advertising programs and that the content does not infringe on the rights of any third party and that it complies with all local, state and federal laws and regulations.