ALL ORDERS THAT ARE PLACED THROUGH WEBSITETRAFFIC2.COM ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. BY PLACING AN ORDER IT IS UNDERSTOOD THAT YOU HAVE READ, COMPREHENDED AND AGREED WITH THESE TERMS.
These TERM and CONDITIONS are an agreement between you ("CUSTOMER, CLIENT") and WEBSITETRAFFIC2.COM ("us"). They should be read and understood.
Client acknowledges that by placing an order with WEBSITETRAFFIC2.COM that they have read, acknowledged and fully understood ALL paragraphs of these TERMS AND CONDITIONS.
This agreement constitutes the complete and exclusive statement of the agreement between you and WebsiteTraffic2 with respect to the WebsiteTraffic2 Traffic Services.
Now, therefore, in consideration of the mutual covenants set forth herein, WebsiteTraffic2 and Customer agree as follows:
All orders are subject to acceptance by WebsiteTraffic2. An order will be deemed accepted by WebsiteTraffic2 when WebsiteTraffic2 sends confirmation of the order to Customer.
All campaigns are considered active the moment the first visitor (Hits/Traffic) is delivered to the client site.
Client is financially responsible for every hit / traffic delivered to their website. You agree to pay for all traffic that was sent to your website.
Client is aware that some category campaigns take longer than 30 days to be delivered but all traffic will be delivered until the hits sum is fulfilled.
All traffic/hits will be delivered to the website address submitted with the order. In the event that there is an error with the submitted URL, the Client will not hold WEBSITETRAFFIC2.COM responsible for the error. Any traffic delivered to a Client's site reflecting the above error, will not be credited or entitled to a refund.
In the event that the Client's site becomes unavailable for any reason ("server is down or unavailable, timed out, or shows to be active but with internal server errors, 404 errors and other types of common or uncommon errors associated with the internet and its underlying infrastructure"), the Client will not hold WEBSITETRAFFIC2.COM responsible for these errors. All/Any traffic delivered to the Client's site during this down time will not be credited or refunded.
In the event that any of the above errors occur including any errors not listed but clearly intended, the client may submit in writing a request for the campaign to be placed on hold. Upon resolution of the problem the held campaign will continue. ANY TRAFFIC PREVIOUSLY SENT WILL NOT BE CREDITED OR REFUNDED!
We use a state of the art tracking system to track your ad campaign. Each order is given a unique campaign id which is used to track visitors to your site by day/time. When we provide an ad view, WEBSITETRAFFIC2.COM points the visitors to this campaign id.
The client understands that if the visitor viewing the ad closes it before it finishes loading (due to network bandwidth, high impact graphics, animation or lack of interest on the visitors part etc.), IT WILL COUNT AS AN AD VIEW ON OUR SYSTEM, WE HAVE SENT YOUR SITE TO THE VISITOR AND HAVE THEREFORE FULFILLED OUR OBLIGATION. It is important to note that this scenario may not appear in your website statistics. WEBSITETRAFFIC2.COM cannot control the acts of the individuals viewing your site and will not be held responsible for these actions.
Client understands that HIT COUNTERS on your site DO NOT ACCURATELY REPRESENT THE NUMBER OF VISITORS SENT TO YOUR SITE. This is due to the large amounts of traffic sent to the site in a relatively short timeframe. Client also understands that WEBSITETRAFFIC2.COM does not guarantee sales or signups and will not issue a refund if none are achieved.
Client acknowledges that the order is for the stated term. These terms and conditions are subject to change at any time after the stated term has ended.
In the event that there is a discrepancy between the amount of traffic delivered by WEBSITETRAFFIC2.COM, and the amount of traffic delivered to the Client, on their behalf, WEBSITETRAFFIC2.COM and the client both agree to use the report prepared by our ("WEBSITETRAFFIC2.COM") campaign manager to be the official report. The client understands and acknowledges that the campaign report received by WEBSITETRAFFIC2.COM to be true and accurate and agrees to hold WEBSITETRAFFIC2.COM, it's parent company as well as all companies and individuals involved harmless for any unexpected results arising from any advertising campaign.
Support staff is available virtually 24 hours/day, all requests must be made via our Contact Us Page. Client also understands that technical support may not be available at the exact time in which the client initiates contact. It is our policy to respond to all e-mails within 24-48 hours.
WEBSITETRAFFIC2.COM will not promote spam, scam, hate, warez, hacking or any other site/offer that could be considered offensive to the most discriminate viewer. Any attempt to bypass our intended guidelines will result in account cancellation and no recourse for refund.
Exclusion of Warranties.
WebsiteTraffic2 PROVIDES THE WebsiteTraffic2 WEBSITE SERVICES ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, whether express or implied, including, but without limitation, any implied warranty of merchantability, or fitness for a particular purpose.
While WebsiteTraffic2 makes reasonable efforts to maintain the WebsiteTraffic2 Traffic Services, many factors are not within WebsiteTraffic2 control. Therefore, WebsiteTraffic2 does not warrant, and is not responsible for (even if caused by the negligence of WebsiteTraffic2) any loss of traffic, delays, lack of access, slows response time, or service interruptions or errors. Loss, delay or non-delivery of data can be due to but not limited to WebsiteTraffic2 own negligence or other third parties. This disclaimer and waiver shall apply equally to any and all third party providers.
Limitation of Liability and Damages.
THE TOTAL AGGREGATE LIABILITY OF FLUX SERVICES TO CUSTOMER SHALL BE LIMITED TO THE AMOUNT PAID TO WebsiteTraffic2 BY CUSTOMER HEREUNDER DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM IN WHICH WebsiteTraffic2 IS LIABLE TO CUSTOMER. IN NO EVENT SHALL WebsiteTraffic2 BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF CONTRACT, TORT, OR OTHERWISE AND WHETHER OR NOT WebsiteTraffic2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Customer acknowledges that by reason of its relationship with WebsiteTraffic2, it may have access to certain information and materials relating to WebsiteTraffic2 business, customers, software technology and marketing which WebsiteTraffic2 treats as confidential (collectively “Confidential Information”). Customer shall: (i) hold in confidence, and not disclose or reveal to any person or entity, any Confidential Information without the clear and express prior written consent of a duly authorized representative of WebsiteTraffic2; and (ii) not use or disclose any of the Confidential Information for any purpose at any time, other than for the limited purpose of performance under this Agreement. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for two (2) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
Customer shall indemnify and hold WebsiteTraffic2 harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney’s fees and expenses that Company may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement (including reasonable attorney’s fees) and for any act or omission of Customer or its clients which are in any way related to the WebsiteTraffic2 Website Services.
Force Majeure.
Either party shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of Nature, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
Miscellaneous.
Customer may not assign its rights or delegate any of its duties under this Agreement without our prior written consent of WebsiteTraffic2, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of partners. WebsiteTraffic2 may subcontract any work, obligations or other performance required of WebsiteTraffic2 under this Agreement without consent of Customer. Other than the termination of this agreement, all notices provided hereunder sent by email, mail or certified mail to WebsiteTraffic2, will be effective upon transmission. |
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