Updated August 4,2018
Thank you for choosing Creative Call Marketing!
Please read these Terms carefully. By signing up as a client of Creative Call Marketing, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement.
Creative Call Marketing, LLC, (“Creative Call Marketing”) provides marketing and consulting services (the “Services”), to which customers may sign up through the URL CreativeCallMarketing.com (the “Website”). Creative Call Marketing, LLC is a Texas limited liability corporation, doing business as Creative Call Marketing (“Creative Call Marketing,” “we,” or “us”). Creative Call Marketing has employees, independent contractors, and representatives (“our Team”). Creative Call Marketing places advertisements online via advertising platforms like Facebook, Twitter, Instagram, LinkedIn, and programmatic providers (our “Partners”). As a customer of the Services or a representative of an entity that’s a customer of the Services, you’re a “Customer” according to this agreement (or “you”).
To engage Creative Call Marketing, you must:
• be at least eighteen (18) years old and be able to enter into contracts;
• complete the registration process;
• agree to the Terms; and
• provide true, complete, and up to date contact and billing information.
By engaging Creative Call Marketing, you represent and warrant that you meet all the requirements listed above, and that you won’t use Creative Call Marketing Services in a way that violates any laws or regulations or policies, including the advertising policies of Partners like Instagram and Facebook. Creative Call Marketing may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for Creative Call Marketing and continues as long as you use the Services. Checking the ‘I agree to the terms and conditions’ box on the sign-up page means that you’ve officially “signed” the Terms. If you sign up for Creative Call Marketing on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
TERMINATION AND SUSPENSION OF ACCOUNT
3. Suspension and Termination of Paid Services.
You or Creative Call Marketing may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Services to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a pro-rated portion of your monthly prepayment. We won’t refund or reimburse you if there is cause, like a violation of these Terms or our Partners’ policies. If you terminate your account without cause, we will not refund a pro-rated portion of your monthly prepayment. Under no circumstances do we terminate or delete any data of yours within your Facebook Ads or any other Partner account.
4. Suspension and Termination of Free Services.
We may suspend, limit, or terminate the Free Services for any reason at any time without notice. We may terminate your subscription to the Free Services due to your inactivity.
5. Partner Accounts
You’re responsible for your relationship with our advertising Partners. You’ll need to maintain your own login credentials, current contact & billing information, and good payment standing with the Partner(s) at all times.
Creative Call Marketing does not control, sponsor, or exercise influence over any of our advertising platform Partners or their products, services or decisions. Accordingly, you agree that Creative Call Marketing shall not be responsible or liable for any loss or damage of any sort incurred as the result of your dealings with them or as the result of our dealings with them on your behalf.
6. Setup Credentials
To set up your Services, we may require access to accounts that you already control, such as your shopping cart/website, or other third-party software. We will request the specific accesses required and will rely on you to provide them in a timely manner so that we can complete our set up tasks.
7. Changes to these Terms
8. Plans & Pricing
Since every project is different we do not have set plans or pricing for every project.
Our projects begin with a conversation and a detailed proposal based on the estimated number of hours needed to provide the service. All projects consist of a one-time setup fee, regardless of whether we are starting a new account or taking over management of an existing account, and a monthly management rate. Fees are always charged in advance of each monthly period. Set-up fees include the 50% deposit. Set-up fees are not refundable and monthly management fees are not pro-rated.
9. Credit Cards
As long as you’re a Customer or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
10. Sales Tax
All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services. You shall have no liability for any taxes based upon our gross revenues or net income. If you are located in the European Union, all fees are exclusive of any VAT and you represent that you are registered for VAT purposes in your member state. At our request, you will provide us with the VAT registration number under which you are registered in your member state. If you are subject to GST, all fees are exclusive of GST. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.
Refunds are available only before 30 days elapsed from the date of the set-up fees on most projects.
For videos, we must still be working on the script, 30 days have not elapsed since the date of the set-up fees, and no revisions have been requested. If you ask for a revision of the initial draft, it signifies that you have accepted the story, and will move forward with our service. After we have moved forward with the storyboard, it is no longer possible for us to refund the deposit for the project.
Your refund will not include, however our $75.00 administration fee. When the original price or the total order value is less than $75.00, there cannot be a refund.
To ask for a refund, please contact us via email, or call us any time between 8am and 6pm CST, Monday through Friday. We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Customer applies for one based on the requirements posted on the Website.
12. Charges for Add-Ons
Some features are offered as add-ons to your Creative Call Marketing account. If you add on a feature that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the add-on is active. Some add-ons are intended for particular use cases and may have additional terms or restrictions (“Additional Terms”).
13. Billing Changes
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
14. Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and any software used to provide Creative Call Marketing (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may only use our brand assets, including our brand name, with prior written approval.
15. Proprietary Rights Owned by You
RULES AND ABUSE
17. Compliance with Laws
You represent and warrant that your use of Creative Call Marketing Services will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Services, then we won’t be liable if our Services don’t meet those requirements. You may not use our Services for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
If you’re located in the European Economic Area (EEA) or advertise to anyone in the EEA, you represent and warrant that in creating your retargeting lists, serving ads via Creative Call Marketing Partners, and collecting information or serving cookies, you:
• have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through Creative Call Marketing
• have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow Creative Call Marketing to receive and process data and send communications to that individual on your behalf
• agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
18. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Creative Call Marketing Services, including any dealings with our Partners. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Services in any month will be no more than what you paid us for the Services during the month or the month before.
19. No Warranties
To the maximum extent permitted by law, we provide the material on our Website and our Services as-is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Creative Call Marketing for a variety of reasons and goals, we can’t guarantee that it will meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your Partner accounts did that, if true, would violate any of these Terms.
21. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
22. Equitable Relief
If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
23. Subpoena Fees
If we must provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any Partners, linked websites, or other Customers.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
26. Choice of Law
27. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Services, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party software providers or internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The titles and header texts are provided only to make this Agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
31. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately act on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
32. No Changes in Terms at Request of Customer
Because we have many Customers, we can’t change these Terms for any one Customer or group.
33. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
Any notice to you will be effective when we send it to the last email or physical address you gave us. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Creative Call Marketing, LLC, 17515 Spring Cypress, Suite C #226 Cypress, TX, 77429 or any addresses as we may later post on the Website.
35. Entire Agreement
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.
Congratulations! You’ve reached the end. Thanks for taking the time to learn about Creative Call Marketing’ terms and policies.