Terms and Conditions for Pagovision
Last Updated: September 2024
Welcome to Pagovision! By accessing or using our website and services, you agree to be bound by these Terms and Conditions. Please read these terms carefully before using our services. If you do not agree to these terms, you may not use our website or services.
1. Definitions
– “Agency”: Refers to Pagovision.
– “Client”: Refers to any individual or entity using the Agency’s services.
– “Services”: Refers to all services provided by the Agency, including but not limited to web design and development, graphic design, digital marketing campaigns, AI virtual agents, social media management, e-commerce, and lead generation.
– “Content”: Refers to all materials, including text, graphics, images, and data, provided by the Client to the Agency.
2. General Terms of Service
– 2.1 Eligibility: The Client must be at least 18 years old to use the Agency’s services. By using the services, the Client represents and warrants that they have the legal authority to enter into this agreement.
– 2.2 Agreement: This agreement constitutes a legally binding agreement between the Client and the Agency.
– 2.3 Modifications: The Agency reserves the right to modify these Terms and Conditions at any time. Any changes will be posted on this page with the updated date.
3. Services Provided
– 3.1 Web Design and Development: The Agency provides website design and development services. The Client is responsible for providing accurate and complete information needed for the project. The Agency will not be held liable for any delay in the project due to incomplete or inaccurate information provided by the Client.
– 3.2 Graphic Design: The Agency offers graphic design services, including branding, logo creation, and visual content design. All designs created by the Agency remain the property of the Agency until full payment is received.
– 3.3 Digital Marketing Campaigns: The Agency provides digital marketing services, including email marketing, digital advertisements, SMS marketing, inbound and outbound calls. All campaigns must comply with the applicable laws and regulations, including but not limited to the General Data Protection Regulation (GDPR), the CAN-SPAM Act, and the Telephone Consumer Protection Act (TCPA).
– 3.4 AI Virtual Agents: The Agency offers AI virtual agent services that automate customer service, lead generation, and engagement processes. The Client agrees to use AI services responsibly and not for any purpose that is illegal or violates third-party rights.
– 3.5 Social Media Management: The Agency provides social media management services for platforms like Facebook, Instagram, LinkedIn, and Twitter. The Client agrees to comply with the rules and policies of these platforms, including Meta’s rules for business accounts.
– 3.6 E-commerce: The Agency offers e-commerce services, including online store creation, product listing, payment gateway integration, and order management. The Client is responsible for ensuring that all products listed are legal, safe, and comply with all applicable laws and regulations.
– 3.7 Lead Generation: The Agency provides lead generation services using various strategies, including but not limited to digital campaigns, email marketing, SMS marketing, and telemarketing. The Client agrees to comply with all relevant data protection laws, including GDPR and the California Consumer Privacy Act (CCPA).
4. Payment Terms
– 4.1 Fees: The Client agrees to pay the fees specified in the invoice provided by the Agency. All fees are non-refundable unless otherwise specified.
– 4.2 Payment Schedule: Payment is due as specified in the invoice. The Agency reserves the right to suspend or terminate services if payment is not received within the specified period.
– 4.3 Late Payments: Late payments may incur a late fee of [Percentage]% per month on the outstanding balance.
5. Definitions
– 5.1 Content Provision: The Client is responsible for providing all content necessary for the completion of services.
– 5.2 Compliance: The Client agrees to comply with all applicable laws, regulations, and thirdparty terms and conditions, including those of social media platforms and advertising networks.
– 5.3 Third-Party Rights: The Client represents and warrants that all content provided does not infringe on any third-party rights, including intellectual property rights.
6. Data Protection and Privacy Policy
– 6.1 Data Compliance: The Agency is committed to protecting the privacy of the Client and their customers. All personal data is processed in accordance with applicable data protection laws, including the GDPR, CCPA, and any other relevant legislation.
– 6.2 Data Processing Agreement: The Client agrees to enter into a Data Processing Agreement (DPA) with the Agency if required by applicable data protection laws.
– 6.3 Security Measures: The Agency will implement appropriate technical and organizational measures to protect personal data against unauthorized access, alteration, or destruction.
– 6.4 Data Breach: In the event of a data breach, the Agency will notify the Client without undue delay and will provide all necessary information to meet any regulatory requirements.
– 6.5 Use of Cookies: The Agency’s website uses cookies to improve the user experience. By using the website, the Client consents to the use of cookies in accordance with the Agency’s cookie policy.
7. Conditions of Use
– 7.1 Website Use: By accessing the Agency’s website, the Client agrees to use it for lawful purposes only. The Client agrees not to use the website in any way that could damage, disable, overburden, or impair the site or interfere with any other party’s use of the website.
– 7.2 Content Ownership: All content on the Agency’s website, including text, graphics, logos, images, and software, is the property of the Agency or its content suppliers and is protected by copyright laws.
– 7.3 Prohibited Activities: The Client agrees not to engage in any activities that violate any applicable laws or regulations, infringe upon the rights of others, or could damage the reputation of the Agency.
8. Age Restriction
– 8.1 Minimum Age Requirement: The Client must be at least 18 years of age to use the Agency’s services. By using the services, the Client represents and warrants that they are at least 18 years old.
– 8.2 Parental Consent: If the Client is under the age of 18, they must have the consent of a parent or legal guardian to use the Agency’s services.
9. User Accounts
– 9.1 Account Creation: The Client may be required to create an account to use certain services. The Client agrees to provide accurate and complete information when creating an account.
– 9.2 Account Security: The Client is responsible for maintaining the confidentiality of their account information and for all activities that occur under their account.
– 9.3 Account Termination: The Agency reserves the right to terminate or suspend the Client’s account at any time if the Client is found to be in violation of these Terms and Conditions.
10. Indemnification
– 10.1 Indemnity Clause: The Client agrees to indemnify, defend, and hold harmless the Agency, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to:
– (a) The Client’s use of the services.
– (b) The Client’s violation of these Terms and Conditions.
– (c) The Client’s infringement of any third-party rights, including intellectual property rights.
11. Limitation of Liability
– 11.1 No Warranty: The Agency makes no warranties, express or implied, regarding the services provided.
– 11.2 Limitation: The Agency shall not be liable for any indirect, incidental, consequential, or punitive damages, including lost profits or revenue, arising from the use of the services.
– 11.3 Maximum Liability: The maximum liability of the Agency for any claim arising out of this agreement shall not exceed the total amount paid by the Client for the services.
12. Dispute Resolution
– 12.1 Negotiation: In the event of a dispute, the Client agrees to attempt to resolve the dispute through informal negotiation with the Agency.
– 12.2 Mediation and Arbitration: If the dispute cannot be resolved through negotiation, the Client agrees to submit the dispute to mediation or binding arbitration in New York, United States.
– 12.3 Jurisdiction: Any disputes arising from or related to this agreement shall be resolved in the courts of New York, United States.
13. Termination
– 13.1 Termination by Client: The Client may terminate this agreement at any time by providing written notice to the Agency. However, the Client will be responsible for payment for all services rendered up to the termination date.
– 13.2 Termination by Agency: The Agency reserves the right to terminate this agreement at any time if the Client breaches any of the terms or conditions of this agreement.
14. Governing Law and Jurisdiction
– 14.1 Governing Law: This agreement shall be governed by and construed in accordance with the laws of New York, United States.
– 14.2 Jurisdiction: Any disputes arising out of or related to this agreement shall be resolved exclusively in the courts of New York, United States.
15. Severability
– 15.1 If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions will otherwise remain in full force and effect.
16. Entire Agreement
– 16.1 This agreement constitutes the entire agreement between the Client and the Agency and supersedes all prior agreements, understandings, or representations, whether written or oral, regarding the subject matter of this agreement.
17. Contact Information
If you have any questions or concerns regarding these Terms and Conditions, please contact us at:
• Email: legal@pagovision.com
• Phone: 917 970 0828
• Address: 66 N. DE BAUN AVE. UNIT 110-D AIRMONT, NY 10901
By using our services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.
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