Purchase Agreement

​

I understand that by Signing and/ or Accepting an invoice form CENC Marketing, I have read and accepted the terms & conditions stated on this page.

The following terms and conditions are applicable for clients that have received an invoice from CENC Marketing.

​

Hereafter, the ”person, organization, Company” buying any packages, plans referred in this document as “Services” that includes - Web Design, Search Engine Optimization SEO, Pay-Per-Click Campaigns, Facebook Advertising, Google Ad-Words, PPC Ads, Ad Management, Analytics Reports, Monthly Maintenance, WordPress, E-commerce, Service Call, Landing Page, Graphic Services including Logo, Brochures, Business Cards, Banners, Posters, E-Design, Presentation, e-Brochures, Booklet, Folder, QR Code, Audio, Print, Delivery, Video, e-books, Editing, Branding, Video Production & Shooting, Photography, Social Media, Social Media Icons, Internet Marketing Training and any other Strategy Formulation, Training, Graphics and any Marketing and Sales Services from CENC Marketing.

Or any of the direct / redirect / indirect links to this page, URL’s, or Domains will be referred in this document as

“Client”, “you”, “your” and

CENC Marketing as the “Service Provider”, “we”, “us” “our”.

​

This agreement is based on any past, present and or future Services provided by the Service Provider to the Client.

Since the Services offered by the Service Provider are unique and different from one another, the following terms and conditions apply as per the specific Services purchased and documented in the invoice provided by the Service Provider.

Other than the Common Terms & Conditions, additional conditions will apply based on the Client’s purchase of the invoiced Services.

The following terms and conditions are service-specific as per the Client’s purchase of the services documented in the invoice.

​

COMMON TERMS & CONDITIONS

​

Article 1 - Authorization​

The Client is engaging the Service Provider, as an independent contractor for the specific purpose of designing and setting up new accounts for the purchased Services.

If need be, the Client hereby authorizes the Service Provider to access their pre-existing accounts allowing “write permission” and authorizes the Agent, Company, Associates and the Account Provider to provide the Service Provider with permission for the Client’s accounts, and any other login, access information or programs which need to be accessed.

The client also authorizes the Service Provider to use the login information to access any third-party accounts associated with the purchased Services or site from where the Client would like the Service Provider to access licensed images, copyrighted text and other technical information, configurations, audio, video, media and content useful in designing and developing the purchased Services.

​

Article 2 - Links
This agreement contemplates that all links provided by the Client have been verified and approved for use on the Client’s Services.

The Service Provider takes absolutely no responsibility in any suit(s) that are directed to the Client from links that have not been approved for use on the Client’s account and Services.

​

Article 3 - Graphics & Audio, Video Media
It is anticipated that the Service Provider will create, capture or receive from the Client all graphics, audio, video media elements necessary to complete the Client’s Services.

This includes audio, video, images, photography, scanning services, video, and photo shooting, editing, animation, and 3rd party stock photography, audio, video and any media element as listed below:

​

1. ​Photography, Audio, Photo and Video Shooting   For Clients residing in the U.S and Canada, at the request of the Client the Service Provider will visit the Client’s place of business and capture images, video, audio in digital format for inclusion on the Client’s Services.       The Service Provider will also be able to scan images, send and receive digital media formats for audio, video and shoot videos at the Client’s request.                          Due to the differing needs of Clients, the quantity of digital photography, video production, footage, shooting locations and scans and costs incurred will be negotiated.  The client agrees to pay for all additional travel, food and stay costs for our team involved in this process.

2. 3rd Party Stock Photography, Audio, and Video  Any costs incurred in purchasing 3rd party stock photography must be paid by the Client. The Client takes full responsibility for any 3rd Party Stock Photography, Audio and Video that he provides to the Service Provider by any medium and will hold harmless, protect, and defend the Service Provider and its subcontractors from any claim or lawsuit arising from the use of such elements furnished by the Client.

3. Text and Files                                                 Text and any other file supplied by the Client shall be provided in popular readable electronic format (i.e. Microsoft Word / .jpg / .gif / .png / .pdf).            Submission can be made as: an email attachment, google drive or an external USB drive.                                             If the Service Provider is requested to obtain files by other means, then appropriate changes will incur.

4. Additional Requests                                      If the Client wants the Service Provider to develop or  design any additional material for web or print purposes,the standard rate of $120/hr will be applicable. The price can be negotiated based on the work required.

​

Article 4 - Payment Terms and Workflow
Unless stated in our quotation or invoice, the Client agrees to pay the Service Provider full cost upfront for all / any Services. Upon receiving the full payment, and making sure that the Service Provider has complete access and content from the Client, our designing and development process will commence. When buying our Services online, the Client is required to pay the full amount upfront through our secure payment gateway. We accept bank transfers and or email transfers in the case the Client is not comfortable buying through our secure payment gateway.

Only in the case where the total amount for the development exceeds $1500,00 a minimum deposit of 50% of the total quoted amount is required to commence development.

Other means of commencement may be negotiated.

The remainder of payment (final payment) is due upon or prior to completion of development.

The payment can be made in the form of an online Credit Card Payment, Bank Draft, Money order, Cheque, Bank transfer, email transfer.

The Service Provider reserves the right to remove all web content, designs, development from the Internet if payment is not made within thirty (15) days after delivery of our completion notification.

If a payment delay is anticipated, please contact the Service Provider to discuss potential problems in advance.

If problems are anticipated, we may be able to accommodate an alternate arrangement.

If the Client is delinquent in their payment, then proper actions may be taken by the Service Provider and the account may be handed over to a 3rd party Collections Agency for proper handling and recovery.​

​

Article 5 - Monthly Subscription Service Payment

The Client agrees to pay the monthly fees in advance for each month, this can be done with monthly, quarterly or yearly invoices.

The monthly Service Provider reserves the right to hold the monthly services if payment is not made within a five (5) day workweek after the date of the corresponding invoice.

If a payment delay is anticipated, please contact the Monthly Service Provider to discuss potential problems in advance.

If problems are anticipated, we may be able to accommodate an alternate arrangement.

If the Client is delinquent in their payment, the proper actions may be taken by the Monthly Service Provider and the account may be handed over to a 3rd party Collections Agency for proper handling and recovery.

​

Article 6 - Client Amends for Services

The Service Provider prides itself on providing excellent customer service.

That is the spirit of our agreement and the spirit of the Service Provider’s business.

To that end, we encourage input from the Client during the design process.

The Service Provider understands, however, that the Client may request significant changes to services that have already been rendered to the Client’s specification.

To that end, please note that our agreement does not include a provision for significant design, development or production in excess of our agreement.

​

Some examples of significant Service modification

at the request of the Client include:

​

• Designing, producing and shooting a completely new video, audio, photography, graphic design, ad, website layout or strategy, vision change to accommodate a substantial change at the Client’s request.

• Recreating or significantly modifying the company logo, graphics, resetting new accounts for Google tools such as Google Analytics, AdWords, Google Console, Google Maps and Google Places at the Client’s request.

• Replacing more than 40% of the text, image content to any given page, graphics at the Client’s request.

• Creating a new navigational structure or changing the design or links in graphics at the Client’s request.

• Significantly re-configuring the Client’s FB business account, PPC AD account, Campaigns, Advertisement, Graphic Designs or Web Links.

​

For Monthly Technical Maintenance

• Any content upload, update such as uploading and replacing text, images to any given page at the Client’s request or significantly re-configuring the Client’s shopping cart with new product upload.

• Any additional content update on the website other than the one already included in our Virtual Assistance Plan.

• Any additional content update on social media other than the one already included in our Virtual Marketing Plan.

​

Article 7 - Copyrights and Trademarks

​The Client represents to the Service Provider and unconditionally guarantees that any elements of text, graphics, photos, designs, audios, videos, trademarks, or other artwork furnished to the Service Provider via Email, Phone, Internet, On-Paper, in-meeting and otherwise, for inclusion in the Client’s web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Service Provider and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

​

The client agrees that any content used while developing the website is owned by the client and Under no circumstances will the Service Provider be liable for Client’s content or the content of any third party, including, but not limited to, for any errors or omissions in the Client’s content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise.

The Service Provider will not be liable for any Copyright Infringements.

​

Article 8 - Third Party Modifications

Some Clients may desire to independently edit or update their services after completion of the design or development as a way to control costs and avoid further expense.​

The Client agrees that once we complete the development for Client’s Services and the Client or an agent of the Client other than the Service Provider attempts to update Services that were previously rendered by the Service Provider and damages the design or impairs the ability for the Services to display or function properly, then repairs will be assessed at the hourly rate of $100.

Please note that the before mentioned is applicable for Monthly Maintenance as well.

​

Article 9 - Assignment of  Development

The Service Provider reserves the right to assign certain subcontractors to this development to ensure the right fit for the job as well as on-time completion.

The Service Provider warrants all work completed by subcontractors for this development.

​

Article 10 - Additional Expenses

The client agrees to reimburse the Service Provider for any critical Client requested expenses necessary for the completion of the development.

​

Examples would be

​

• The purchase of specific fonts.

• The purchase of specific photography, audio, video; forms.

• The purchase of specific software.

• Using any third-party plugins.

• Third-party online portals.

• Submitting to specific search engines at the Client’s request.

​

Article 11 - Age ​

Authorized representative of the Client certifies that he or she is at least 18 years of age and legally capable of entering a contract on behalf of the Client. ​​

​

Article 12 - Abuse

The Client agrees to work together, deal and behave with the Service Provider in a professional manner.

Any kind of repeated pattern of inappropriate, false accusations, harassment, derogatory or threatening speech directed towards the Service Provider, its officers, staff, and contractors will not be tolerated.

The Service Provider has the right to take strict action, legal steps, abiding the law and cancel the development process and any related Services right away offering no refund or guarantees to the Client.

The Service Provider has zero-tolerance for Clients abusing our Services.

​

Article 13 - Limited Liability

The Client agrees that any material submitted for publication will not contain anything leading to abusive or unethical use of the Service Provider.

Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of illegal activity, and any infringement of privacy.

The Client hereby agrees to indemnify and hold harmless the Service Provider from any claim resulting from the Client’s publication of material or use of those materials.

It is also understood that the Service Provider will not publish information over the Internet which may be used by another party to harm another.

The Service Provider will also not develop pornographic or illegal software for the Client.

The Service Provider reserves the right to determine what is and what is not suitable.

​

Article 14 - Indemnification

The Client agrees that it shall defend, indemnify, save and hold the Service Provider harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees associated with the Service Provider’s development of the Client’s Services.

​

This includes Liabilities asserted against the Service Provider, its subcontractors, its agents, its clients, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns.

​

The Client also agrees to defend, indemnify and hold harmless the Service Provider against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s web site.

​

This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.

Under no circumstances, including negligence, shall the Service Provider, its officers, agents or anyone else involved in creating, producing or distributing service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the service.

Or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Service Provider records, programs or services.

​

Notwithstanding the above, Client’s exclusive remedies for all damages, losses, and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Client paid during the term of this contract and any reasonable legal fee and court costs.

​

Article 15 - Ownership

Copyright to the finished assembled work of Services produced by the Service Provider and graphics shall be vested with the Client upon final payment for the development.

This ownership is to include design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Client for completion of this development.

All materials developed that are intended for publication to the web remain the property of Service Provider until such time as final payment for the development has been tendered by the Client.

At this time, all materials become the property of the Client and may be used by them as desired.

Should materials described in this agreement be used on the web by the Client before the tender of final payment, then this agreement is breached and appropriate penalties will apply.

​

Article 16 - Design Credit & Reviews

The client agrees that the Service Provider may put a byline on the bottom of their web site, establishing design and development credit.

The client also agrees that the web site, graphics, video, audio and any development created for the Client will be included in the Service Provider’s portfolio and the Client will provide a text review, audio or video testimonial when requested by the Service Provider.

If any or none of these are acceptable, please inform the Service Provider beforehand via email or in writing via registered mail.

​

Article 17 - Nondisclosure

The Service Provider, its employees, and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information to any person whatsoever.

Likewise, the Client agrees that it will not convey any confidential information obtained about the Service Provider including strategies, vision, information mind maps, training to another party.

​

Article 18 - Completion Date & Cancellation

The Service Provider and the Client must work together to complete the development in a timely manner for both parties to remain profitable.

​

Cancellation of the development at the request of the Client must be made within one week (7 days) of the purchase.

In the event that development is postponed or canceled at the request of the Client after seven (7) days of purchase, the Service Provider shall have the right to retain 50% of the total amount invoiced for the service as a deposit and development expenses.

​

In the event this amount is not sufficient to cover the Service Provider for time and expense already invested in the development, an additional payment may be due.

If additional payment is due, this will be billed to the Client within 4 days of notification to stop development.

The final payment will be expected under the same terms as listed in this agreement.

​

The Client agrees that once the Service Provider completes the design and development process, any further work will incur an additional cost that will be estimated and quoted to the Client for further development. Unless the Client is a monthly paid service subscriber with the Service Provider, the Client agrees that the Service Provider has no legal liability to work further on the completed services and any projects.

​

Article 19 - Entire Understanding

These terms thereto constitute the sole agreement between the Service Provider and the Client regarding any development provided by the Service Provider for the Client.

It becomes effective immediately upon engagement of services from the Service Provider or buying any Services from the Service Provider.

It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and the Service Provider.

Both parties warrant that they have read and understood the terms set forth in this agreement.

​

This agreement is effective on all the Clients that the Service Providers has rendered Services and where the Client has purchased the Services, and for any Client that has any Services with the design credit or byline in the footer mentioning “powered by” or “website designed by” etc. linked to the Service Provider’s URL’s.

​

Article 20 - REVISIONS TO THESE TERMS OF AGREEMENT

The Service Provider reserves the right to revise, amend, or modify the Terms of this Agreement and other Terms Of Use, Privacy Policies and Agreements at any time and in any manner.

Notice of any revision, amendment, or modification will be posted in accordance with our Terms of Agreement.

​

Article 21 - Website Design, Development & Plans

For Client’s purchasing the 'website design services' as contemplated in each of the web design plans mentioned on the respective pages:

​

​

​

• Domain Registration : 

At the Clients request, the Service Provider may secure a domain name on behalf of the Client. 

All charges incurred in doing so will be billed to the Client as an additional fee.

These are Internet fees and are not a source of income for the Service Provider.

Should the Client desire a specific domain name that is already owned by another party then an alternative domain name must be registered.

If the Client already has a domain name, the Service Provider may coordinate redirecting the address to the new hosting server.

​

​

• Standard Hosting Services :

At the Clients request, the Service Provider may order an account with a Host Provider on behalf of the Client or the Client may order the account independently.

We offer the Client the ability to order this account independently as a way to help the Client control cost.

If the Client chooses to have the Service Provider order an account with a Host Provider, the Client agrees to pay all necessary hosting fees before ordering.

If however, the Client is not an advanced user of the internet, the Client is encouraged to use the services of the Service Provider to secure and maintain this account.

​

​

• E-mail Assistance :

The Service Provider may offer e-mail assistance to Clients who have their World Wide Web site residing on the Service Providers server.

This includes a provision to assist the Client with e-mail setup using the maximum number of accounts allowed by the Service Provider.

Current e-mail clients supported by the Service Provider include all versions of Microsoft outlook express and outlook for all Microsoft office products.

In some cases where the e-mail setup is not successful, the Client may have to contact their hosting or email company for further assistance.

For Clients who’s world wide web site resides off the Service Providers server, it is urged that the Client contact their hosting provider for e-mail assistance.

​

​

• Cross-Browser Compatibility :

Our agreement contemplates the creation of a website viewable by, Microsoft internet explorer 10, Google Chrome, Fire fox and Brave.

Compatibility is defined herein as all critical elements of each page being viewable in both browsers.

​

The client is aware that some advanced techniques on the Internet, however, may require a more recent browser version and brand or plug-in.

​

The client is also aware that as new browser versions of Internet Explorer and Chrome are developed, the new browser versions may not be backward compatible.

​

If requested by the Client, time spent to redesign a site for compatibility due to the introduction of a new browser version will be separately negotiated.

​

​

• Add-On's :

These are additional configurations, features, programming languages that the Client may wish to use for their world wide web site.

​

If a large scale development using any and or all of these add-on's is necessary, the price can be negotiated for CGI / PHP / Macromedia Flash, DHTML, Real Audio, Video, QuickTime, QuickTime VR, Microsoft Media, Java Applets, JavaScript, MySQL Databases, E-commerce, Merchant Account, Secure Certificate.

​

The Service Provider recommends the use of your banks’ e-commerce services.

​

If information is required, the Service Provider will be pleased to offer assistance in obtaining further information.

The Client understands and agrees that any cost and charges incurred directly or indirectly related to the Client’s E-commerce website portal, fees, penalty or sales are not covered by the Service Provider.

​

From the day the website is completed by the Service Provider; the Service Provider makes absolutely no liability for Client’s eCommerce customer complaints and any transaction, function, configuration, third-party plugin, open-source CMS, application failures.

​

The Service Provider is not responsible for maintaining the Client’s website unless the Client is a monthly paid service subscriber for technical monthly maintenance packages.

​

​

• Search Engine Registration :

Upon final payment of development and at the Client’s request, the Service Provider will optimize the Client’s world wide web site with appropriate titles, keywords, descriptions, and text and thereafter submit the Client’s world wide web to free search engines and directories.

​

​

• Website Design Services :

The client agrees that the Service Provider may use open source platforms such as WordPress CMS and third-party applications to build website and will not be held liable for any faults, loopholes, hack, spam or any other problem arising due to mismatch, upgrading error with different versions of the CMS & plugins, applications.

The Client also agrees and understands that problems arising due to third-party hosting, servers, domain provider or any technical reason or by the act-of-god is not the fault of Service Provider and therefore agrees to hold harmless, protect, and defend the Service Provider and its subcontractors from any claim or lawsuits.

​

​

• SEO Keywords & Pages :

The Service Provider does not provide any Warranty/ Guarantee for Search Engine Ranking.

Moreover, the Page rank depends on various different factors such as your website content relevancy, page popularity, authentic back links, domain age, blogging consistency, social media presence, and niche. 

If the Client is looking for a guarantee over the page rank, the Client should get our Search Engine Optimization services.​

​

Article 22 - MONTHLY WEBSITE MAINTENANCE

1. Monthly Web Updates, Upgrades, Monthly Technical Maintenance, Website Maintenance:  For Client’s purchasing Monthly Technical Maintenance and Monthly Seo Services. The Client agrees to let the Service Provider update and maintain their website on a monthly basis.                                                                 The Client understands agrees and authorize the Service Provider to make changes to the programming, HTML, PHP, CSS, JQuery, coding, database, feeds, server settings, configurations, DNS, MX, Seo keywords, locations, XML, plugins, widgets, applications, podcast and security settings, backup, content and all the other technical and non-technical features necessary to improve the overall exposure and performance of the website.

2. Monthly Website Maintenance Service Assistance: For Client’s purchasing Monthly Technical Maintenance and/ or Virtual Assistance Services.                               The Client understands and agrees that Website Maintenance is performed on a periodic basis depending on the size of the website.                                             Any request by the Client in excess to the maintenance plans will be billed separately and must be submitted via email between 10 AM to 3 PM, Mon – Fri. Any request received after 4 PM will be considered as a request for the next day.                                                                    The client agrees that to process such requests, the Maintenance Service Provider may take 3 to 5 business days depending on the request queue.

3. Monthly Maintenance Guarantee:                        The Client understands and agrees that web maintenance is done on an open-source content management system such as WordPress and/or Woocommerce, third-party plugin, interface that is saved on a third-party hosting server and failure or success of such updates depends on a number of factors such as server response time, server bandwidth, internet connection, version compatibility with other plugins, widgets, by act of God; making the monthly maintenance guarantee ineffective and therefore agrees to hold the Maintenance Service Provider harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees.

4. Monthly Paid Subscription Cancellation Policy: Cancellation of any monthly paid subscription plan such as the Technical Maintenance Plans, Monthly SEO Plans, Google AdWords Management, Analytics Reporting must be notified thirty (30) days before the cancellation date via email/mail.                                      In the event that updates are postponed or canceled at the request of the Client by email, the monthly Service Provider shall have the right to retain 50% of the original payment as a deposit and maintenance expenses.           In the event this amount is not sufficient to cover the Maintenance Service Provider for time and expense already invested in the maintenance, an additional payment may be due.                                                         If additional payment is due, this will be billed to the Client within 10 days of notification via email to stop monthly updates.                                                     The final payment will be expected under the same terms as listed in this agreement.