Adpulse Terms of Service

Welcome to adpulse. By accessing or using our services, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully. These Terms constitute a legally binding agreement between you ("Client," "You," or "Your") and adpulse ("Company," "We," "Us," or "Our"). If you do not agree with any part of these Terms, you must not use our services.

1. Acceptance of Terms

By engaging adpulse for any services, including but not limited to Digital Strategy, SEO, SEM/PPC, Social Media Marketing, Content Marketing, Email Marketing, and Analytics & Reporting, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy. These Terms may be updated periodically, and your continued use of our services after any such changes constitutes your acceptance of the new Terms.

2. Description of Services

Adpulse provides a range of digital marketing and advertising services designed to enhance your online presence and achieve your business objectives. Specific details of the services to be provided will be outlined in a separate Statement of Work (SOW) or Service Agreement, which will reference and incorporate these Terms. Our services may include:

• Digital Strategy development and implementation.
• Search Engine Optimization (SEO) services.
• Search Engine Marketing (SEM) / Pay-Per-Click (PPC) campaign management.
• Social Media Marketing strategy and execution.
• Content Marketing creation and distribution.
• Email Marketing campaign development and management.
• Analytics & Reporting to track performance and provide insights.

We commit to performing our services with professional skill and care, in accordance with industry standards.

3. Client Responsibilities

To ensure the effective delivery of our services, the Client agrees to:

• Provide timely access to all necessary information, materials, and resources (e.g., website access, analytics data, social media accounts, brand guidelines).
• Approve content, strategies, and deliverables in a timely manner. Delays in approval may impact project timelines.
• Ensure that all content provided to adpulse, including text, images, and videos, does not infringe on any third-party intellectual property rights and is legally compliant.
• Make payments for services as per the agreed-upon schedule.
• Designate a primary contact person to facilitate communication and decision-making.

4. Payment Terms

All fees for services rendered by adpulse will be specified in the SOW or Service Agreement. Unless otherwise agreed:

• Payments are due within 30 days of the invoice date.
• Late payments may incur a late fee of 1.5% per month or the maximum percentage permitted by law, whichever is less.
• Adpulse reserves the right to suspend services if payments are not received in a timely manner.
• All prices are exclusive of any applicable taxes, which will be added to the invoice where required by law.

5. Intellectual Property

Upon full payment for services, the Client will own all intellectual property rights in the final deliverables created specifically for the Client under the SOW. Adpulse retains ownership of any pre-existing intellectual property, tools, methodologies, or software used in the provision of services. Adpulse may use case studies of completed work for promotional purposes, provided client-specific confidential information is not disclosed.

6. Confidentiality

Both adpulse and the Client agree to keep confidential all non-public information shared during the engagement, including business plans, marketing strategies, financial information, and proprietary technologies. This obligation of confidentiality shall remain in effect for a period of two (2) years following the termination of services.

7. Warranties and Disclaimers

Adpulse warrants that its services will be performed in a professional and workmanlike manner. However, we do not guarantee specific outcomes or results, as digital marketing effectiveness can be influenced by various external factors beyond our control (e.g., search engine algorithm changes, competitor activities, market trends).

Our services are provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

8. Limitation of Liability

To the maximum extent permitted by applicable law, adpulse shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any third party on the services; or (c) unauthorized access, use, or alteration of your transmissions or content.

In no event shall adpulse's aggregate liability for all claims relating to the services exceed the total amount paid by you to adpulse for the services during the twelve (12) months immediately preceding the date of the claim.

9. Indemnification

You agree to indemnify and hold harmless adpulse, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the services, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.

10. Term and Termination

These Terms shall commence on the date you first use our services and shall continue until terminated by either party. Either party may terminate the services and these Terms by providing written notice as specified in the SOW or Service Agreement. Upon termination, you agree to pay all outstanding fees for services rendered up to the date of termination.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms or the services provided shall be submitted to the exclusive jurisdiction of the courts located in Timișoara, Timiș, Romania.

12. Miscellaneous

• Entire Agreement: These Terms, together with any SOW or Service Agreement, constitute the entire agreement between you and adpulse regarding the use of our services.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
• Force Majeure: Neither party shall be liable for any failure or delay in performance under these Terms for causes beyond its reasonable control.

13. Contact Information

If you have any questions about these Terms of Service, please contact us:

• Company Name: adpulse
• Address: Str. Popa Șapcă 28, Timișoara, Timiș, Romania
• Phone: +40 722 303 384
• Email: [email protected]
• Working Hours: Mon-Fri: 9:00 AM - 6:00 PM, Sat: 10:00 AM - 2:00 PM