PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE BY ACCESSING, BROWSING OR USING THIS WEB SITE AND/OR OUR SERVICES YOU UNDERSTAND AND ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DISAGREE WITH ANY PART OF THE TERMS OF SERVICE THEN YOU DO NOT HAVE PERMISSION TO ACCESS, BROWSE OR USE THIS WEB SITE OR OUR SERVICES.
GRAVADA GROUP INC. – MARKETING AND ADVERTISING SERVICES – TERMS OF SERVICE AGREEMENT
Gravadagroup.com is wholly owned and operated by GRAVADA GROUP INC. a private Canadian Corporation (herein after referred to as “Gravada Group”, “we”, “us”, or “our”) agrees to provide you (herein after referred to as the “User”) with access to the gravadagroup.com web sites and our services (collectively the web site and services herein after referred to as the “Services”), subject to User compliance and agreement with the terms and conditions of this Terms of Service Agreement (herein after referred to as “Terms”, “Terms of Service” or “Terms and Conditions”). By accessing, browsing and using the Services, the User explicitly agrees to the Terms of Service and as may be modified by us from time to time and available here. These Terms and Conditions apply to all Users, visitors and others who access, browse or use the Services. User understands that by agreeing to this Agreement and/or by using the Services, User is agreeing to be bound by this Terms of Service Agreement that binds User in the same way that a paper contract binds User.
Marketing and advertising service results will be different for each User. We therefore never guarantee any success and that by working with Gravada Group, User expressly agrees and understands that there are NO GUARANTEES and that results are not guaranteed.
This agreement limits Gravada Group liability and obligations to User to the terms set forth herein and permits Gravada Group to change, suspend, or terminate User access to and use of the Services. User must accept, without modification, all of the terms, conditions, policies and instructions referenced in this Agreement in order to access, browse and use the Services. If User does not accept this Agreement in its entirety, User may not access, browse or use the Services.
2. TERM, PAYMENT AND REFUND
The term of this agreement shall commence and become effective as of the first payment processing date. Some parts of the Services are billed on a recurring monthly subscription basis. User agrees to be charged on credit card on file each month and in advance on the first day of each month for the monthly recurring subscription Services and shall remain that way and in accordance to this Agreement until written notice has been given that User does not intend to renew the recurring monthly subscription.
User will be billed in advance on a recurring monthly basis every 30 days. User will automatically be signed up and billed for an additional monthly subscription term of 30 days and will be subject to the current terms and conditions of this Agreement. Should User decide not to renew, User may send the notice of non-renewal by email to Gravada Group and will receive a cancellation confirmation number.
Services such as but not limited to; Paid Advertising Campaign Management, Social Media Marketing, Search Engine Optimization, Direct Mail Marketing, Original Content Creation, Website Design are payable in full and in advance before the Services are rendered.
All Services are NON-REFUNDABLE. There is no full or partial refund for any Service. Without limiting the foregoing, Gravada Group may at it’s own sole discretion refund fees or charges.
All fees for the Services are in United States Dollars and are exclusive of taxes, which we will charge as applicable. User agrees to pay any taxes applicable to User’s use of the Services.
USER EXPRESSLY AGREES AND UNDERSTANDS THAT GRAVADA GROUP IS NOT LIABLE IF USER’S WEBSITE, LANDING PAGES, DIRECT MESSAGING ACCOUNTS, SOCIAL MEDIA PROFILES, PAGES, ACCOUNTS OR USER’S ADVERTISING ACCOUNTS INCLUDED BUT NOT LIMITED TO GOOGLE, FACEBOOK, INSTAGRAM, LINKEDIN, TWITTER, PINTEREST, SLIDESHARE, YOUTUBE, SNAPCHAT, SLACK, IS AT ANY TIME NOT ACCESSIBLE , OR BECOMES BLOCKED, TERMINATED, UNAVAILABLE OR BANNED FOR ANY REASON. GRAVADAGROUP.COM AND THE SERVICES ARE PROVIDED TO THE USER ON AN AS IS BASIS.
3. PAID ADVERTISING
User is solely responsible for all expenses and costs that are incurred directly or indirectly through the medium and channel used for User advertising purposes, included but not limited to advertising on: Google, Bing, Facebook, LinkedIn, Twitter, Pinterest, Snapchat or any other medium User advertises with.
4. PUBLIC CONTENT AND THIRD-PARTY LINKS
The Services, posting content, information and materials to the Users social media accounts and every email sent or delivered by our Services may contain links to other third-party web sites, advertisements, or programs that are not controlled by or affiliated with Gravada Group.
Gravada Group has no control over, and assumes no responsibility for the content, offers, privacy policies or practices of such third-party web sites, programs or information. User further acknowledge and agree that Gravada Group shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, information, materials, good or service available on or through any such third-party web sites or service linked in email, on social media accounts or on our Site.
We take no responsibility and assume no liability for any User content or information that User transmits. User is fully responsible for User’s own statements, content, information and materials that User posts on User’s own social media accounts. User understands and agrees that User or a third-party may be exposed to content, images and information that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to the User’s purpose.
5. EMAIL LIST APPROVAL
We are exclusively a permission-based, opt-in email marketing service with absolutely no tolerance for sending SPAM. All User email lists must be submitted to us for analysis and approval before being allowed to be used with the Services. Granted or denying this approval is at our exclusive and sole discretion. We reserve the exclusive right, and at our sole discretion to not allow a User’s email list and/or an individual email address provided by User to be used with the Services. A User’s email list and/or an individual email address may be removed by us from use with the Services without liability, at any time and for any reason.
Gravada Group provides permission-based, opt in email marketing and email newsletter services. Gravada Group has no tolerance for the sending of spam and unsolicited email, and we strictly prohibit the use of Prohibited Lists. Any User found using the Services with Prohibited Lists will be immediately and without prior notice, banned from the use of the Services. We will not send email to unsolicited email addresses. User agrees to tell us where the User got its email list from and how the email list was gathered. If User does not provide this information User is not allowed to use the Services. User agrees that an unsubscribe link must be included in every email sent. User agrees that User contact information including a physical mailing address or PO Box where User can receive mail must be included in every email sent. Email that we send through the use of our Services may generate spam complaints from recipients. Gravada Group, in its sole discretion, shall determine whether User level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. Gravada Group will terminate User use of the Services if Gravada Group determines that User level of spam complaints is higher than industry norms.
7. EMAIL DELIVERY, VIRUSES & PHISHING
We do not guarantee delivery. Third-party filtering services and other policies of recipient email services may prevent successful delivery of User email messages. From time to time legitimate messages will be filtered and not delivered by filtering services. User hereby release Gravada Group and its employees, agents, affiliates, and third-party suppliers from any liability for damages arising from (i) a failure of User email to reach its intended recipient (ii) spam (iii) email phishing attempts, and (iv) email infected with viruses. We do not provide virus scanning.
8. CONTENT PRIVACY
User acknowledges, understands and agrees that the Services include the transmission of unencrypted email in plain text over the public internet. Email sent using the Services may be unsecured, may be intercepted by other users of the public internet, and may be stored and disclosed by third-parties (such as a recipient’s email service provider).
9. DATA PRIVACY CONSENT
The User hereby explicitly and unambiguously consents to the collection, use and transfer, in electronic or other form, of the User’s personal data as described in this document by Gravada Group or its agents, affiliates, or service providers, for the purposes of implementing, administering and managing the User’s participation in the Services. Gravada Group may use Google Analytics or other third-party service providers to help understand User’s use of the Services. Third-party services may collect information sent by User’s browser as part of a web page request, including cookies, user’s IP address and session testing services. Use of this information is governed by the privacy policies of such third-party services. For every email sent or delivered through the use of the Services, User acknowledges and agrees that the Services or a third-party may automatically add a tracking cookie, and/or use a web beacon or similar technology within the actual email. The cookies and web beacons may be used to provide pseudonymous information about the User to improve User experience or provide targeted advertising and personalization. User activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include but is not limited to; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity. This information is used to refine future email sent to User and supply the User with more relevant content based around User activity. User is given the opportunity to unsubscribe at any time through an automated system. This process is detailed at the footer of each email sent or delivered. If an automated unsubscription system is unavailable clear instructions on how to unsubscribe will by detailed instead.
10. CHANGES TO TERMS OF SERVICES
We reserve the exclusive right, at our sole discretion, to modify or replace these Terms of Services at any time. If a revision is material we will try to provide at least 90 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access our website or use the Services after those revisions become effective, User agrees to be bound by the revised terms. If User does not agree to the new terms, immediately stop accessing this web site and stop using the Services.
11. PAYMENT PROCESSING
Payments are billed automatically to a credit card provided by the User. User agrees to have a credit card on file charged monthly by Gravada Group for monthly subscription Services and as required to process additional one time Services or other fees. Charges will be automatically billed to the credit card User designated during the setup process. If User’s credit card on file expires, User hereby gives Gravada Group permission to charge the credit card with a later expiration date to allow for continued payment of Services. Users may provide updated credit card information to Gravada Group verbally, and allows Gravada Group to use that information accordingly for continuation of the Services. In addition, termination or suspension of the Services may be initiated if User fails to update credit card information. User authorizes Gravada Group and/or its payment processor to collect any charges related to the service of User’s account. User authorizes us to charge User credit card or bank account for all fees payable. User further authorizes us to use a third-party to process payments, and consents to the disclosure of User payment information to such third-party.
12. PAYMENT CHANGES
User may designate another credit card at any time. In addition, termination or suspension of the Services may be initiated if User fails to update outdated, or otherwise incorrect credit card information. User must notify Gravada Group 30 days prior to making any changes to billing information or charging procedures.
13. OWNERSHIP OF NON-USER PROPERTY
Title and full ownership rights in and to the Services, together with any and all ideas, concepts, designs, copy, materials, images, software, photographs, articles, creatives, text, content, functions, testing, testing results, automation sequences, workflows, computer programs, and other technology supporting or otherwise relating to Gravada Group operation and the Services shall remain at all times solely with Gravada Group and/or with the respective outsourced third-party service provider or author. User acknowledges and agrees that it has and will not acquire any ownership interest in any other Gravada Group materials or technologies mentioned in this Agreement (specifically excluding any original content User provides to Gravada Group).
14. USER REPRESENTATIONS AND WARRANTIES
User represents and warrants to Gravada Group that for the term of this Agreement: this Agreement constitutes a valid, binding, and enforceable agreement in accordance with its terms; information or data that User (including its agents or representatives) has provided or will provide for the Services is and will be both accurate and complete to the best of User’s knowledge; User is the authorized owner or representative of the business for which the Services will be performed; and, User’s email and email list will not violate any applicable law or regulation; does not infringe in any manner any third-party rights, including, without limitation copyright, patent, trademark, trade secret, or other intellectual property right or right of privacy or publicity; is not false or misleading; has not and will not result in any consumer fraud, product liability, breach of contract, injury, damage, or harm of any kind to any person or entity; is not defamatory, libelous, slanderous, or threatening; is free of viruses; does not contain, promote, or offer any form of spyware, adware, or other advertising or information collection software; and/or does not contain, link to or promote any of the following: violence, hate crimes (whether racial or otherwise), illegal activities, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
15. USER COVENANTS
User further agrees to perform as follows: User will not hold Gravada Group or its affiliates liable or responsible for the activities of the email recipient who responds to and/or forwards email through use of the Services. User agrees that it is solely responsible for any and all content or other materials that Gravada Group places within an email on User’s behalf. User will not sell or promote adult materials, alcohol, tobacco products, gambling or other product and/or service deemed by Gravada Group and at our sole discretion to be illegal, offensive or inappropriate for use of the Services. User shall not offer product and/or service in jurisdictions in which they are prohibited by law or are in any way restricted. User shall not offer product and or service to persons under the age of thirteen (13) years old.
16. ELECTRONIC COMMUNICATIONS
By using the Service, User consents to receiving electronic communications and notices from Gravada Group. User agrees that any notice, agreement, disclosure or other communications that we send to User electronically will satisfy any applicable legal communication requirements, including that such communications be in writing.
17. RELATIONSHIP OF THE PARTIES
User and we agree that no joint venture, partnership, employment, or agency relationship exists between us.
18. SUBMISSION OF CONTENT BY USER
By providing any content to Us, to the extent permitted by law, User agrees to all the following statements: (i) User agrees to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed; (ii) User warrants and represents that User has all legal, moral, and other rights that may be necessary to grant us with the license; (iii) User acknowledges and agrees that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any content User provides at any time and for any reason, with or without notice.
In efforts to consistently improve the Services, Gravada Group always wants to hear from our Users. Whether suggestions, comments, complaints, praise or any other communication, Gravada Group is listening. To the extent permitted by law, User grants Gravada Group a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) User communication in any form, User name, and any related copyrights, moral rights, or other intellectual property rights.
Either party may terminate this Agreement for any reason and at any time upon sending written notice to the other party. We may at our sole discretion terminate or suspend access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if User breaches the Terms of Service.
21. USER INDEMNIFICATION OBLIGATIONS
User agrees to indemnify, defend, and hold harmless Gravada Group, its distribution partners, its licensors and licensees, and affiliated companies, and any of their officers, directors, employees, representatives and agents, from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits, or proceedings (collectively being referred to herein as a “Claim”) for, including without limitation, libel, violation of right of privacy or publicity, copyright infringement, trademark infringement, or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with the Services performed on behalf of User, User’s email or contents therein, User’s conduct, acts or omissions, or any alleged or proven breach by User of any term, condition, agreement, representation, or warranty herein, excluding any Claim that arises solely from the acts or omissions of Gravada Group or its agents or employees. Gravada Group will notify User of any claim, action, or demand for which indemnity is required in the reasonable opinion of Gravada Group and will cooperate reasonably with User at User’s expense. At the election of Gravada Group, User shall advance to Gravada Group amounts in satisfaction of such Claim, which Gravada Group may hold in escrow pending resolution of such Claim. The law firm User chooses to defend Gravada Group must be experienced in defending similar claims and will be subject to Gravada Group’s approval, which will not be unreasonably withheld. User may not settle any lawsuit or matter relating to the culpability or liability of Gravada Group without the prior written consent of Gravada Group. Gravada Group will have the right to participate in any defense of a claim and/or to be represented by counsel of its own choosing at its own expense. Without limiting any rights and remedies hereunder or under applicable law, Gravada Group shall have the right to set off any liability of User to Gravada Group with respect to a Claim against any amounts held on deposit with Gravada Group by User.
22. INDEMNIFICATION; HOLD HARMLESS; DEFEND
User shall fully indemnify, hold harmless and defend (collectively “indemnify” and “indemnification”) Gravada Group and its directors, officers, employees, agents, stockholders, suppliers, partners and Affiliates (collectively, “Indemnified Parties”) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgements, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to (i) any breach of any representation or warranty of Gravada Group contained in this Agreement, (ii) any breach or violation of any covenant or other obligation or duty of Gravada Group under this Agreement or under applicable law in each case whether or not caused by the negligence of Gravada Group or any other Indemnified Party and whether or not the relevant Claim has merit.
23. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
User acknowledges and agrees that it will not hold Gravada Group liable for any errors in content, omissions, consequences, damages, costs, refunds, or rebates of any kind arising from any interruption of the Services or email which are published for whatever reason. Gravada Group makes no representations or warranties relating to the results of the Services, including without limitation, the number of emails delivered, open rate, click-through rate and any promotional effect or return on investment thereof. As Gravada Group relies on third parties for certain data, Gravada Group makes no guarantees regarding the accuracy, reliability, or completeness of any usage statistics. In no event shall Gravada Group be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, health issue, labour, material shortage, carrier interruption of any kind or work slowdown.
USER UNDERSTANDS AND AGREES THAT USER’S USE OF THE SERVICES OR CONTENT PROVIDED IS MADE AVAILABLE AND PROVIDED TO USER AT USER’S OWN RISK. IT IS PROVIDED TO USER “AS IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. USER UNDERSTANDS AND AGREES THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICES PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT THE USER’S OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF DATA MADE AVAILABLE FROM THE SERVICES FOR ANY PURPOSE.
24. NO INDIRECT DAMAGES
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
25. LIMITATION OF LIABILITY
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, EITHER PARTY IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY WILL BE LIMITED TO THE LESSER OF ONE THOUSAND DOLLARS OR THE TOTAL AMOUNTS USER HAS ACTUALLY PAID FOR THE SERVICES IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.
26. THIRD-PARTY PRODUCT AND SERVICE
WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCT OR SERVICE. WE SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.
User will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of User’s assets, change of control or operation of law, without our prior written consent by us, which will not be unreasonably withheld. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law. Information about User, including personal information, and User data may be disclosed or transferred as part of, or during negotiations of, any proposed or actual merger, sale of company assets or acquisition or to a future parent or subsidiary company of Gravada Group or its successors.
28. NO THIRD PARTY BENEFICIARIES
Nothing in this Agreement, express or implied, is intended to or shall confer upon any third-party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its Terms. The person submitting credit card or bank account information or subscribing to the Service hereby certifies that he or she is either User, or that he or she has been lawfully authorized to submit Agreement and authorize the Services on behalf of User.
30. FORCE MAJEURE
Neither User nor Gravada Group will be in breach of its obligations under this Agreement (other than obligations to pay monies due) in the event that, for cause or causes beyond its reasonable control, such party is unable to perform, in whole or in part, any one or more of its obligations under this agreement. Such causes will include, but not limited to, labour disputes, governmental regulations or controls, fire or other casualty, inability to obtain materials or service, health issue, technical failure or difficulties, problems or interruptions with the Internet, computer viruses, snow storms, hurricanes or other acts of God, insurrection, or any other cause not within the reasonable control of Gravada Group or User.
31. ENTIRE AGREEMENT
This Agreement between Gravada Group and User supersedes any other oral or written agreements regarding the Services specified in this agreement. Neither User nor any agent of Gravada Group may amend these terms and conditions or add any provision to or delete any provision from this Agreement or any addendum, and any such amendments, additions or deletions are void. No oral or written representation made by any person that purports to modify this agreement is binding on Gravada Group. Moreover, User confirms that User has not relied upon any such representation in entering into this Agreement.
32. GOVERNING LAW
User and Gravada Group agree that this agreement and all disputes relating to this agreement will be governed by and interpreted according to the laws of the Province of Ontario in the country of Canada. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
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.
All provisions of the Terms which by their nature should survive the expiration or termination of this Agreement shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Terms of Service are subject to change.
Notification of Copyright Infringement
If you believe that the Services have been used in any way that would be considered copyright infringement or a violation of intellectual property rights, contact our Copyright Officer at:
Gravada Group Inc. 781 Clark Crescent, Kingston, Ontario, Canada K7P 6E7
Email: hello [at] gravadagroup.com
If you believe that the Services have been used in any way that would be considered SPAM contact our Anti-SPAM Policy Compliance Officer at:
Gravada Group Inc. 781 Clark Crescent, Kingston, Ontario, Canada K7P 6E7
Email: hello [at] gravadagroup.com
If you have any questions about these Terms of Service, please contact us.
Gravada Group Inc. 781 Clark Crescent, Kingston, Ontario, Canada K7P 6E7
Email: hello [at] gravadagroup.com
our head office
781 Clark Cres, Kingston
Ontario, K7P 6E7
Phone: +1 888-670-4889
24 Hours a Day
7 Days a Week