TERMS AND CONDITIONS OF USE
Of eComTrends.org website and services
Version applicable from 22nd March 2019.
Terms and Conditions (T&C) – represent the Service Providing Agreement between TUDOR MARKETING SERVICES S.R.L. (the owner & operator of eComTrends.org, also referred to as “we”, “us”) as a Service Provider and The User as a Client. The T&C refer to using the website, requesting an offer, placing an order, making a comment, using our contact forms or any other activities done through or on the website.
Website – refers to eComTrends.org and includes the domain name, any subdomains, the website database and all the pages of the website, including the blog section.
User (also referred to as Client and “you”) – this term includes both the holder of an account as a registered user and a visitor of our website. A user can be a natural person or a business entity.
Payment – represents the price you have agreed to pay for the service we provide to you or the product we deliver to you.
Products – the products we might sell through our website might include physical products as well as digital products. Physical products will be delivered to your shipping address, and digital products will be delivered to the email address you provide. Digital products include productized services that we may perform for you. You are responsible to provide the correct email address in all cases. The products we might sell might include eBooks, courses, software products, productised services and others.
Services – are the ones described on our website. The services we provide include but are not limited to: landing pages, e-mail marketing, sales funnels, sales consultancy, search engine optimization, conversion rate optimization, Google Advertising, Facebook Advertising, Web design, direct response copywriting. While Services are produced at the initiative of the client and based on his specific instructions, Products are created exclusively at the initiative of the Service Provider with the possibility for the Client to purchase them.
Individual Project Offer – personalized offer the Client receives after contacting the Service Provider and includes the conditions of the Project and the payment plan details for the Service requested. The Individual Project Offer may be followed by signing a Letter of Engagement, but it can also be accepted directly via confirmation on email.
Sales Page – any web page on which the products we sell through our website are described.
Letter of Engagement – a written agreement that describes the business relationship to be entered into by the Client and the Service Provider. The letter details the scope of the agreement, its specific terms and costs. The Letter of Engagement might complete these Terms and Conditions or might derogate from them.
The Project – refers to the Service to be provided or the Product to be delivered that you have purchased.
The Delivery – the transmission and/or handover of the finished Project or the purchased Product/Service to the client.
Personal Data – represents any information that can be used to directly or indirectly identify a person, as classified below:
a) Personal Details – Information that can directly identify a person, such as full name, date of birth, address, e-mail address, phone number etc.
b) Data – Information that may, in combination with other details, lead to an identifiable person. This type of information includes such things as browser type, IP address, session details and other information.
Confidential Information – refers both to the Personal Data collected from The User and the information regarding the User’s business or activity and other project details that are provided in order to facilitate the completion of a Project.
1.1. The website, the domain name of eComTrends.org, its subdomains and the brand itself are owned by TUDOR MARKETING SERVICES S.R.L., a Romania based limited liability company, having its headquarters in E.U., Romania, Bucharest, B.P.Hasdeu street no. 14, Sector 5, registered with the Romanian Trade Registry under EUID ROONRC.J40/1822/2018, acting as and named hereto as Service Provider.
Email: [email protected]
1.3. Using this website means visiting or viewing our website, registering an account or placing an order in the manners detailed below.
1.4. Please read these Terms and Conditions carefully before using our website. Your use of the website represents your acceptance of these T&C, which take effect on the first day of your use. If you do not agree to our Terms and Conditions, you are not allowed to use this website. By continuing to use our Website you confirm that you have read, understood and agreed to all these Terms and Conditions.
1.5. TUDOR MARKETING SERVICES S.R.L. reserves the right to change these Terms & Conditions by changing this present document without prior notice. To stay up to date with the Terms & Conditions and any modifications, it is advised that you visit this page throughout our business relationship to check for any updates or changes. Even if you do not visit the terms when they are modified, your continued use of this website and our services represents your agreement with the changed provisions. Specific Services and Products that we offer or make available to you may also be governed by additional or alternative Terms and Conditions with us.
2. You agree to use this website only for lawful purposes. Any behaviour which is unlawful or which may harass or cause inconvenience to any person or to us is prohibited and will determine the cancellation of your account and of your use of our website without any prior notice.
3. TUDOR MARKETING SERVICES S.R.L. has the right to remove any material, posts or comments you make through this Website at its discretion and without any prior notice.
3.1. The Service Provider reserves the right to withhold some comments for moderation before allowing them to appear on the website.
3.2. In case a comment may harass or cause inconvenience to any person or User, The Service Provider reserves the right to delete the comment at his discretion and without prior notice. If the inappropriate behavior of the User is repetitive and he ceases to respect these T&C, The Service Provider is entitled to block the User from accessing the website and/or posting any comments in the future.
II. REGISTRATION and ACCOUNTS
a. You must be 18 years old or over to use this website and warrant that the details you provide on registration or use of our Products/Services are true, accurate, complete and current to your best knowledge and you represent and warrant that you are at least 18 years old. You must promptly update us with any changes to your account details. In case you are younger but not less than 16 years old, you may only use this website with parental approval. You are not allowed to use our website if you are younger than 16 years old.
b. When you create an account you may be given the opportunity to opt-in to receive marketing emails from us. You can unsubscribe from emails at any time by either requesting this directly to us in writing (by e-mail) or using the unsubscribe link that can be found at the bottom of all our newsletter e-mails.
c. You have the possibility to register for an account on our website by completing and submitting the account registration form on our website and clicking on the verification link in the e-mail that will be sent to you
d. You must not allow any other person to use your account to access the website. You must notify us in writing immediately if you become aware of any unauthorized use of your account by emailing us at [email protected]
e. You must not use any other person’s account to access the website unless you have that person’s express permission to do so.
f. You must protect and keep your password confidential. You must notify us immediately in writing if you become aware of any disclosure of your password.
g. You may cancel your account with our website and you can cancel your newsletter subscription at any time by contacting us.
i. If you are contracting with the Service Provider on behalf of any group of individuals other than yourself alone, or on behalf of a company, you guarantee that you are fully authorized to enter into an agreement on behalf of that group of individuals or company.
III. PLACING AN ORDER
Given the fact every business is unique, we have designed and named our projects as Individual Projects. In this respect, every project we deliver is tailored to each Client’s needs.
What are Individual Projects? Individual Projects represent all the projects that you initiate by using the Contact Us form, by submitting any form on our website or by emailing us at [email protected]. Both the conditions of the project, as well as the payment plan can be negotiated and they will be included in the Individual Project Offer.
How does it work? These Projects are initiated when you contact us as mentioned above and provide us with some information regarding the service you would like to purchase from us. As soon as we have your request, we contact you by e-mail and proceed to discuss your project either through email, phone, Skype or Zoom. Then we will e-mail you with an offer and you can let us know in writing whether you accept it or not. Sometimes we will also require you to sign a Letter of Engagement, but this is NOT necessary to begin the Project. Your email confirmation represents your FULL acceptance of our conditions and the start of the project. In the absence of an email confirmation, the signed Letter of Engagement will represent your acceptance of the Project and its commencement. Then the project will begin officially based on the agreed Individual Project Offer or Letter of Engagement. When you accept the Individual Project Offer or Letter of Engagement, you have the obligation to read our Terms and Conditions, as the provisions stated in the Individual Project Offer are supplemented by our Terms & Conditions. In case the Individual Offer contains provisions contrary to those included in our Terms & Conditions, the provisions of the Individual Project Offer shall prevail.
In case we need more information before we can make you an offer, then we will contact to arrange for a phone, Skype or Zoom call. If you have provided us sufficient information, then you will receive our offer as soon as possible.
When will the Project start? The Project will start as soon as we receive a written confirmation from you (via e-mail) OR you sign a Letter of Engagement with us. The written confirmation represents or the signed Letter of Engagement represent your full agreement with our offer and these Terms & Conditions.
How do you make the payment? You can either make the payment using PayPal, Upwork, or by wire transfer straight into our bank account. We will agree upon the payment method to be used for the contract. The payment will be considered done as soon as our account will be credited with the due amount. The fees involved in Wire Transfer and other payment options will be entirely supported by the Client.
When do you make the payment? Payments will be made under the conditions and within the terms provided in the Individual Project Offer or Letter of Engagement.
Grammar, language and originality will be verified directly by us and also using specialized software.
How long will it take for the Project to be delivered to me? The Delivery time of the Project will be the one stipulated in the Individual Project Offer.
We will start the project based on the information and instructions provided. In case we need further information from you related to the product or service you ordered, we will contact you by e-mail, telephone or Skype. We will contact you as soon as we notice the need for further details, no longer than 7 (seven) working days since receiving the project. In order to respect the estimated delivery period, we request your prompt reply. We are not liable for any delay in delivery caused by your delay in answering to our request.
In case the additional information provided will affect the complexity of the Project, there might be some delays in the reception of which we will promptly inform you.
In case The Service Provider delays in delivering the Project to The Client according to the estimated delivery period, he must inform The Client in writing as soon as he is aware of the delay, at least within 24 hours before the initial due date. The Service Provider must inform The Client regarding the new estimated delivery time. The Service Provider will do his best to finalize The Project as soon as possible.
How will you receive the product or service? Once the product or service is ready, we will usually deliver it to you by e-mail (if the deliverable is a file), through programs like WeTransfer.com or MyAirBridge.com for files larger than 1GB, or in other manners we will previously agree upon. Some services will involve no delivery, but will merely be performed for you (such as modifications to your web copy), followed by an email to confirm that the service was performed. For any product or service, you will always receive a confirmation that the service or product was performed or delivered to you. In case of physical products, they will be delivered to the address you have provided. You are responsible for providing the correct delivery address, and if you do not, then we are not to be held responsible for not delivering the product to you.
When will The Project be considered finalized? The Project will be considered finalized once The Client receives from The Service Provider an e-mail containing the final invoice together with, if applicable, the delivery of the Project. For Services that contain a written component that can be edited, The Client has 7 working days to revise the content and request any modifications, according to section V.
Sometimes, in order to carry out the services you have requested from us to completion, we will need to sub-contract certain aspects of the project.. However, we will continue to be held liable for the actions of our sub-contractors and the completion of the services according with the hereto agreement.
When we use subcontractors, we only share the project information that is necessary to complete the service you have purchased from us.
Under no circumstances will we share any of your Personal Details with any subcontractor, unless it is publicly available or absolutely necessary. We ensure that all our subcontractors sign NDAs (Non-Disclosure Agreements) for a period of 3 years in order to make sure that your project information stays protected. The contracts we have in place also require subcontractors to maintain your information secure, not to make use of it for any purpose other than the successful completion of their task and not reveal it to any other third-party without prior approval.
We assure you that we will not release your Personal Details to any other third parties (apart from subcontractors), unless you have requested us to do so or we are required to do so by law through a verifiable law enforcement agency or court order. In the latter case, we will always send you a notification email with the information that we had to pass to the respective law enforcement agency.
By working with us you explicitly accept and agree that we may subcontract parts or the entirety of the Project (and other relevant project information required for the completion of the task) to third-parties at our discretion in order to ensure that the project is completed to the highest standard of quality.
V. REVISIONS OF WRITTEN CONTENT
Since you know your customers best, you also know what copy will work best for your customer base. So if you want us to make any tweaks to our copy and written content, we’re willing to do it under the conditions outlined below.
The rules described in this section will only apply to services susceptible to changes after the delivery. Most of the services that involve written content fall in this category. There are also some services we provide that do not require a written content as it is, for instance, a Facebook Ads Campaign. In this case, the rules regarding the revision of content are not applicable.
Once the project is completed, as mentioned in Section III above, we will deliver it to you for review. From that moment you have 5 working days to inform us in writing (by email) about any revisions, you would like to bring to the content and to instruct us accordingly. We then have a maximum of 14 working days to do the changes to the content and to deliver the final product to you.
The number of revisions permitted will differ from service to service, but it will never be greater than 3 (three). You will be informed about it when you receive the Individual Project Offer. In case there are any discrepancies regarding the revision of the project between these Terms and Conditions and the conditions included in the Individual Project Offer, the provisions of the latter shall prevail.
We consider the 5 working days term a reasonable one that allows you to review the Project and to instruct us on any changes you would like to bring to the content. In case we don’t hear back from you in the agreed 5 working days term, we will consider that you are completely satisfied with the project and you will not be entitled to any future unpaid changes or refund requests.
Please note that we can’t accept any revision request after the expiry of the 5 working days term since delivery of the project.
VI. OBLIGATIONS OF THE PARTIES
a) Obligations of the Client:
– to provide us true, accurate, complete and current details about their identity & the project;
– to update us with any changes to the details provided;
– to diligently protect their password & login details and use their account & the Website lawfully and in accordance with these Terms & Conditions;
– to provide us with accurate information and clear instructions for the Projects;
– to ensure a good communication and to promptly respond to our requests;
– to provide accurate, correct and truthful invoice details;
b) Obligations of The Service Provider:
– to diligently and professionally complete the Project according to the Client’s instructions and information provided;
– to ensure a good communication with the Client;
– to deliver the Project within the estimated delivery period;
– to update the Client with any changes occurring in the estimated delivery time;
VII. CANCELLATION OF THE ORDER
For Individual Projects, orders cannot be cancelled once negotiated and agreed upon by both parties and the Project already started. The Project is considered to be started once The Client agrees to The Service Provider’s offer, confirms the running of the Project and makes any initial payment. As an exception, an Individual Project might be cancelled in writing after written confirmation has been received BUT before any work has been conducted, no longer than 24 hours from the Service Provider’s receipt of the written confirmation. If any work has been conducted by The Service Provider, the refund will be issued, according to section VIII below, so long as the request is made within the first 24 hours after the commencement of the project.
VIII. REFUND POLICY
8.1. Refund Policy of the Services
- If an Individual Project is cancelled after written confirmation has been received, but no longer than 24 hours, you are liable to pay for any work already conducted for your Project by the Service Provider. As a consequence of this fact, you will be refunded the amount left after deducting the payment for the work already conducted. The payment will be refunded within maximum 10 working days and will not include any payment costs or other taxes, if applicable.
- You will also receive your money back in case we didn’t comply with your instructions in developing the project. However, we cannot accept purely subjective feedback, your dissatisfaction must be based on real facts that have to do with us not following the instructions you have provided. You agree not to request a refund, and that you will not receive a refund, in cases where you’re unhappy about issues that have not been foreseen in the instructions you have sent us. By agreeing with these Terms and Conditions, you agree that it is your responsibility to provide us with accurate information and clear instructions to make sure that the Project you ordered is going to be received to your satisfaction.
- You will receive your money back in case we didn’t or couldn’t finalize the project due to our fault.
- The services that do not involve written content such as running a Facebook Ads Campaign are not entitled for any refund, given the nature of the services.
8.2. Refund Policy of the Products
1. Unless otherwise stated in the Sales Page of the product, you have the right to cancel your order as follows:
a) Within 14 working days from the order placement, if the product is physical. In this respect, all you need to do is to send us a cancellation request by e-mail. In case you received the product, in order to obtain the refund, you have the obligation the return the product to the shipping address we will provide you and to pay any transportation costs related to the return of the product. In this case, you will receive your money back, if we get the product undamaged, within maximum 10 working days from the return of the product.
b) If it’s a digital product (for example: an e-book, a course etc.) and you receive the product via the internet, you might only be entitled to receive your money back if you did not access and download the product by the time of your refund request. Subject to the above-mentioned requirements, you have the right to change your mind within 3 days from the receipt of the download link. We will then restrict your access to the link and you will receive your money back within maximum 10 working days from the order cancellation.
2. In order to ensure your complete satisfaction with our digital products, as they are described in the Definitions Section of this Agreement, we might offer you a 7, 30, 60, or even 90 Day Money-Back Guarantee. This rule shall be stated in the Sales Page of the product.
In case the 7, 30, 60, or 90 Day Money-Back Guarantee shall be applicable, the refund will work as follows:
(i) when you place an order you will receive a full working version of the product you purchased or in case of a productized service this will be performed for you in the given time.
(ii) In case you are not satisfied with the product, let us know within 7, 30, 60 or 90 calendar day of the purchase, respectively, by sending us an e-mail at [email protected] and we will give you a full refund. You don’t need to do anything else apart from e-mailing us, however we might request your feedback. If you appreciate the product you purchased from us as being valuable and decide to keep it, you don’t need to do anything.
(iii) In case you decided to return the product, we will refund you the total amount you paid, except any banking transfer costs, PayPal fees (which are non-refundable) or other taxes you might have paid that we are not able to refund, if applicable, within maximum 10 working days. Please note, that in case you request a refund for a productised service, you are NOT eligible to use any of the intellectual property that will still belong to us.
- In the event you cancel orders placed on our website more than 5 times, without having a justified reason, we reserve the right not to honor your orders and not to sell other products to you in the future, without having to justify our decision.
Copyright of the website, all written content and design, except for the user-generated content is owned by TUDOR MARKETING SERVICES S.R.L. Files including information, video content, offers, images, photos, logos, names and icons may not be used, downloaded, altered or adapted for any purpose without the prior written permission of the copyright owner, except for personal, non-commercial use.
In case we observe a violation of our copyrights, we will do our best to solve this dispute amicably by notifying you on your e-mail address or on any other available contact details in order to stop the violation. In case you do not cease the copyright infringement, we will further take all the necessary legal measures to protect our copyright and we will contact your Internet Provider for assistance.
Unauthorized use of the material including but not limited to the reproduction, storage, modification, distribution or publication without the prior written consent of TUDOR MARKETING SERVICES S.R.L. is strictly prohibited.
X. ORIGINALITY AND PLAGIARISM
10.1. For all written content, originality and plagiarism will be checked using CopyScape Premium. However, in the very unlikely case that some plagiarism exists, but it is not detectable with Copyscape Premium, we cannot be held accountable for any losses, damages, loss of reputation and loss of profits or similar resulting from it.
10.2. In case you request us to use a content draft that is created by you or by a third party for you, you confirm that you assume the risks resulting from the existence of any plagiarism and you guarantee that you are the holder of the copyright of the material that will form part of The Service Provider’s Project you ordered.
10.3. Service Provider’s Website Content Originality – We guarantee that to the best of our knowledge, our services or information posted in any section on our website are original and they do not violate any copyrights. In case you have a fair doubt that our services or information have infringed any intellectual property rights, you agree to notify us in writing regarding any breach in order for us to take all the necessary measures to repair the issue and to act in good faith. In this respect, we will reply to your request within 7 (seven) working days from the receipt.
XI. GOOGLE DMCA REGULATIONS
Google DMCA is used for reporting any copyright infringement to one’s rights, for example reporting a person who copied blog/ website content without the permission of the author. As a result of the author’s complaint and after investigation, Google will delete and remove any content which harms the other person’s intellectual property rights from appearing in their search results. Google DMCA is only used in case of the written content created by us. In cases you use the content ordered from us BEFORE the intellectual property rights have been transferred to you, we reserve our right to contact Google DMCA and request that the copyrighted content be removed from search engines.
The Service Provider respects the Rules and Regulations imposed by Google regarding site content, SEO and copyright. Besides the legal provisions applicable, the rules mentioned above will also be effective in our business relationship. By accepting our Terms and Conditions, you accept the same Rules and Regulations will apply to you.
XII. LATE PAYMENT
Depending on your order and if it is mentioned in the Individual Project Offer or Letter of Engagement you might need to make the payment up-front at the beginning of the Project. In case you don’t make the payment within 5 working days of placing your order, The Service Provider will assume that you are no longer interested in the project and we will cancel your request.
In case we finalized the project, but you delay in paying the full amount or the remaining instalment, we will proceed as follows:
a) We will notify you in writing about the delay and we will give you a term of 5 calendar days to make the payment. Until the payment is done and even if we delivered the project, the transfer of the intellectual property rights from us to you will not operate. Any use of the content we produced is illegal and article XI will be enforced.
b) In the event you don’t comply with our request within the 5 calendar days term, we retain the right to take legal action to recover the money owed to us. As a result of this, the project we designed at your request will fully belong to us together with all the intellectual property rights resulting from it unless you pay the entire initial amount owed plus a 2% penalty for every calendar day of delay.
c) As a result of point b) above, The Service Provider will not refund any payment you made at the beginning of your Project, the termination of the Agreement resulting exclusively from your behavior and you agree to forfeit any possibility of requesting a refund.
If you request a chargeback on any payment that has already been made either to our PayPal account or to our bank, you forfeit any and all intellectual property rights associated with the Project we have created and delivered for you. These intellectual property rights will belong to us until the full payment is made into our account.
XIII. TRANSFER OF THE INTELLECTUAL PROPERTY
a) During the development of the Project, The Service Provider owns all the intellectual property rights resulting from it.
b) The transfer of the intellectual property from The Service Provider to the Client will operate at the moment the Client will accept the project without any objections and the payment is made without delays greater than 5 calendar days as mentioned in section XII governing late payments.
c) In case the Client requests a refund according to section VIII, the transfer of the intellectual property will not operate. In this case, The Service Provider will remain the owner of the content and will have all the rights resulting from the intellectual property. Any use of this content by The Client without the written consent of The Service Provider will represent an infringement of our rights and we reserve the right to file a Google DMCA complaint and/or appeal to relevant courts of law.
XIV. LIMITED WARRANTIES and LIMITATION OF LIABILITY
14.1. We do not warrant or represent:
a) The completeness or accuracy of the information published on our website, including on our blog section.
b) That the website or any product/ service on the website will remain available. The Service Provider reserves the right to discontinue or modify any or all of our website services at any time without any prior notice, including the prices of the Services.
c) The Security of the User Generated Content, including possible attacks that bypass our security measures – The Service Provider will not be held liable for any sort of action of other users, including, but not limited to registered users, unauthorized users or hackers of eComTrends.org.
d) The accuracy of The User Generated Content – The Service Provider will not be held responsible for the accuracy or content of any comments, advice or information posted by users on the website and will not be held responsible for any direct or indirect damages produced to you or to your business by your reliance on the User Generated Content.
e) Even though the Service Provider tries to moderate the comments posted by Users, we don’t warrant, we don’t guarantee and we also can’t be held liable for any behavior of the website’s Users which is unlawful or which may harass or cause inconvenience to any person or User. As soon as we are aware of the unlawful behavior, we will take all the necessary measures to stop it by deleting the comment and cancelling the User’s account and his use of our website.
f) The Service Provider does not warrant that eComTrends.org’s connection to the internet will be uninterrupted, always available or error-free.
14.2. On our website, we often use relevant links to other resources that we believe you will find useful. However, we cannot guarantee the safety of those links and we are not responsible for the content that is found there. We do our best to ensure that the links we provide are safe. However, since The Service Provider does not control the websites on which they are made available or whether or not they are changed in the future, we cannot guarantee their safety. As a result, The Service Provider cannot be held liable for the content of the external links that can be found on our website and you assume full responsibility for any direct or indirect damages caused to you by following those external links.
14.3. Although we have taken all the reasonable precautions to ensure no viruses or malware are present on our website, and the Personal Data you send to us is stored securely in our database, we can’t guarantee the efficiency of our security measures and we will not be held liable for any direct or indirect incident or consequential damages produced to you in case of a breach of the security measures we have put in place or by your use of eComTrends.org.
No data transmission on the internet can be guaranteed as fully secure. We advise you to take your own precautions to ensure you are not exposed to any risk of viruses, malicious computer code or other form of interference which may damage your computer system or lead to loss, theft or compromise of your information and/or Personal Data. We highly recommend that you install an anti-virus software to make sure your computer and network are protected. We are not liable for any damage or loss occurring to you as a result of your use of our website.
14.4. By providing you with our services we will do our best to meet your instructions and to deliver you the Project to your satisfaction. We ensure that we make use of qualified copywriters and the latest online marketing knowledge in order to deliver the best results possible for you and/or your business. However, although we work with diligence and according to your requests and instructions, we do not guarantee any results in your business or projects by using the service or product ordered and we are not going to be held liable for any losses that occur to you or to your business as a result of the services or products we deliver, including but not limited to loss of profits, loss of business opportunities or loss of goodwill.
14.5. Website Content Disclaimer
The content provided in all the website sections is designed to offer helpful information on the subjects discussed. The Service Provider doesn’t guarantee the accuracy or authenticity of the information provided on the website, including but not limited to the description of our services and the blog section. All the content provided on our home page, the individual service pages and all the content on our blog section is strictly for informational purposes, except for the content included in the Corporate Section and Contact Information, both found on our website’s footer. The Service Provider will not be held liable for any direct or indirect damages caused to you or to your business that result from you taking action according to the information provided on the website and we don’t guarantee you any positive results in following any advice provided by or through us.
14.6. As a User, you agree to assume all the risks and responsibility for using our website and agree that The Service Provider will not be held responsible for any loss or injury that results from the use of our website.
14.7. Earnings Disclaimer.
When the Service Provider makes reference to business or money-making opportunities, you understand and agree the following:
a) The opportunities or the income we refer to are not guaranteed, but estimated of what we consider you can possibly achieve. The level of success depends on each individual’s background, motivation and tenacity to make the strategies we might refer to work. You understand and expressly agree NOT to hold us liable for any loss incurred to you or your business by following our strategies or tools or for any failure in getting the estimated results.
b) Based on the fact the opportunities or the income we refer to are not guaranteed, you understand that the level of success experienced by others and presented in testimonials or examples we use are to be considered as exceptional results and we believe they may not apply to an average client and are not intended to represent or guarantee that anyone will achieve the same or similar results.
c) Given the fact there are some unknown business risks, you understand and agree that there is no assurance that examples of past earnings can be duplicated in the future.
d) The use of our information, products and services should be based on your own due diligence and you agree that we are not liable for any success or failure of your business that is directly or indirectly related to the purchase and/ or use of our information, products or services.
XV. CONFIDENTIAL INFORMATION AND SECURITY
15.1. We take all the necessary security measures to protect all the Personal Data collected and stored on our website and/or database in case of hacking or other similar actions. Our website has adequate security software installed to ensure that the website is kept safe from security threats. We assure you that we will always keep our security software up to date and do our best to protect the safe operation of the website and the security of the Personal Data you submit to us. However, please note that we are not liable for any breach in our security system that doesn’t result from our fault, as long as we act with reasonable diligence in protecting your confidential information. The Service Provider will not be held liable for any direct or indirect damages resulting from security threats that bypass the security measures we have put in place.
15.2. a) We would like to assure you that we will take all the necessary measures and we will do our best to protect any confidential information regarding yourself or your business entity that is stored with us.
b) We will never disclose your confidential information intentionally (except as detailed in subsection (c) and (d) below), unless you have requested us to do so or we are required to do so by law through a verifiable law enforcement agency or court order. In the latter case, we will always notify you regarding the information we need to disclose to the respective law enforcement agency.
c) We might also need to disclose some parts of your confidential information to our subcontractors for the successful completion of your project but only by respecting the principles described in section IV above.
15.3. You agree not to hold us liable for any loss, alteration, modification or theft of Personal Data or confidential information that results from a breach of the security systems we have put in place.
XVI. COMMENTS POLICY
Comments are welcomed and encouraged on this site and on our blog posts, but there are some instances where comments will be edited or deleted without any prior notification, the decision being left at the discretionary power of the website owner as follows:
- Comments deemed to be spam or solely promotional in nature will be deleted. Including a link to relevant content is permitted, but comments should be relevant to the post topic.
- Comments including profanity will be deleted.
- Comments containing language or concepts that could be deemed offensive will be deleted. Note this may include abusive, threatening, pornographic, offensive, misleading or libelous language.
- Comments that attack an individual directly will be deleted.
- Comments that harass other posters will be deleted. Please be respectful toward other contributors.
We reserve the right to edit or delete any comments submitted to the website without notice. This comment policy is subject to change at any time. If you have any questions on the commenting policy, please let us know at [email protected].
XVII. USE OF THE PROJECTS BY THE SERVICE PROVIDER
17.1 We might need to present some examples of the projects we were involved in to our new clients. In this respect, you expressly accept and agree with the fact that we might present to our potential clients parts of the projects we created for you and the results you obtained as a consequence of our collaboration. However, please note that the information we might provide our potential clients with shall not include business secrets or confidential information.
17.2 You agree that we may identify you as a recipient of our Services and use your logo, company name, or brand name on our website, in sales presentations and other marketing materials that we use when presenting our services and for promotional purposes.
XVIII. JURISDICTION AND APPLICABLE LAW
By agreeing to these Terms and Conditions you also acknowledge and expressly agree that this agreement will be governed by the Laws of Romania, Google DMCA provisions and any other legal provisions applicable. The Courts of Romania shall have exclusive jurisdiction over all transactions, business dealings & disputes between the User and the Service Provider.
In case of a conflict or a dispute, both the Service Provider and the Client agree to try to resolve the dispute amicably and only in case of failure will they refer it to the competent courts.
According to this provision, the parties agree to notify each other in writing regarding any breach of this Agreement in 2 working days from the occurrence of the conflict and will try to agree upon any actions to repair the prejudice resulting from the breach before seeking to appeal to competent courts.
The Service Provider and The User will communicate by e-mail, telephone, Skype or Zoom. During the development of the Project, both parties have the obligation to inform each other regarding any changes in their contact details in maximum 5 working days from when they occur. The parties will communicate by e-mail or Skype every time the present Service Providing Agreement imposes a communication in writing. The agreements between the parties can be enacted by Skype & e-mail, based on the Terms & Conditions found herein, alongside any additional terms agreed upon.
TUDOR MARKETING SERVICES S.R.L.’s contact details are the ones mentioned on eComTrends.org in the Contact & Footer sections, in this present document, or shared directly with the Client through email.
XX. CHANGES TO THE TERMS AND CONDITIONS
The Service Provider reserves the right to make changes, revisions, deletions and additions to these Terms and Conditions at our discretion. Your continued use of the website and services will represent your agreement with the changes. You agree that it is your responsibility to read and review these Terms and Conditions every time you visit our website.
XXI. AFFILIATE LINKS
Please be mindful that certain links included in this website are affiliate links for which we might receive a commission if you make a purchase through the respective link. Some of the affiliate links may offer you discounts and special offers that you cannot obtain otherwise. All the affiliate links we use are for products we have tried and used successfully ourselves, either for our clients or for our own business. However, we do not warrant the content of the link and we do not promise that you can obtain any or similar results by purchasing the respective products.
XXII. FINAL PROVISIONS
The Service Provider may approach a Client after a Project is successfully completed for a testimonial to be included in the Service Provider’s portfolio, marketing information or on the website. Only with the prior written consent of The Client, The Service Provider may use elements of the completed Project designed by The Service Provider for marketing purposes on his website. The Client has the possibility to refuse without offering any reason for his decision. If you consider that your testimonial or project information is misused, you agree to first notify us, and if you are correct, we will remove it.
The Service Provider reserves the right to immediately suspend or terminate your account or suspend your use of our website without any prior notice in case of any breach of these Terms and Conditions and you are liable for any injury occurring to us and resulting from your misuse of the Website.
In case you need any clarification regarding our Terms and Conditions, do not hesitate to contact us at [email protected]