Terms And Conditions
1. Online Advertising and Marketing Services
Terms & Conditions Last updated: October 06, 2023
Web Leveling offers various services to improve a website’s online visibility. By engaging us, you agree to the Terms of Service set forth below. If you have questions, or if we may be of any service, please do not hesitate to contact us.
2. Services Provided
Web Leveling provides web design, search engine marketing, optimization, and associated services on a local, national, and international basis. As such, we submit information on your behalf to search providers for whom you must agree to their terms and conditions. These providers may include, but are not limited to: Google, Yahoo, MSN/Bing, and others. Web Leveling will not share your information with any business other than in the course of securing online advertising and marketing services on your behalf.
3. Advertising Material
Web Leveling has the right to place information pertaining to your business on various platforms. You authorize Web Leveling to develop content based on information provided by you. This includes text, graphics, logos, and other related materials. You represent that the material and information you provide to Web Leveling are truthful and not misleading.
4. Intellectual Property Rights
All content created, designed, or otherwise produced as part of the services provided by Web Leveling, including graphics, texts, and logos, is the property of Web Leveling or its suppliers and protected by copyright and other laws.
5. Third-Party Tools and Integrations
Web Leveling may recommend the use of third-party tools, platforms, or integrations in the delivery of its services. We are not responsible for any malfunctions, breaches, or issues arising from the use of third-party tools.
6. Client Responsibilities
Clients are responsible for providing all necessary access to tools, platforms, and information required for Web Leveling to deliver its services. Clients must ensure that all information provided to Web Leveling is accurate, up-to-date, and complete.
7. Data Protection and Compliance
- 7.1 GDPR and EU Clients: Web Leveling is committed to protecting the personal data of its European clients in line with the General Data Protection Regulation (GDPR). If you are a resident of the European Union, you have specific rights regarding your personal data.
- 7.2 CCPA Compliance: For clients based in California, Web Leveling adheres to the California Consumer Privacy Act (CCPA), ensuring that California residents have the right to know what personal data is collected, the purpose of its use, and the option to opt-out of its sale.
- 7.3 Data Breach Protocols: In the event of a data breach, Web Leveling will promptly notify affected clients and users, initiate an internal investigation, and take necessary steps to contain the breach.
- 7.4 Data Encryption Protocols: Web Leveling employs robust encryption protocols to protect data against unauthorized access, alteration, disclosure, or destruction.
8. E-commerce Data Protection
Web Leveling recognizes the sensitive nature of personal and financial data processed through e-commerce platforms. We are committed to implementing robust security measures to protect this data.
9. Website Accessibility Compliance
Web Leveling is committed to ensuring digital accessibility for people with disabilities. We continuously improve the user experience for everyone and apply the relevant accessibility standards.
Web Leveling reserves the right to terminate any service agreement in the event of non-payment, breach of contract terms, or other circumstances that might hinder the professional relationship or service delivery.
12. Changes to Terms and Conditions
Web Leveling reserves the right to update, change, or replace any part of these Terms and Conditions. It is the client’s responsibility to check for updates periodically.
13. Feedback and Reviews
Web Leveling may request feedback or reviews from clients for the services provided. Feedback may be used for promotional or marketing purposes.
14. Dispute Resolution
In the event of a dispute arising from these Terms and Conditions or the services provided by Web Leveling, both parties agree to first attempt to resolve the dispute through amicable negotiations.
These Terms and Conditions represent the parties’ entire agreement with regard to Web Leveling’s provision of services. Agreement with these terms and conditions is upon signature of Web Leveling’s Contract, and it will be binding upon you and your successors.
The person signing the Contract certifies that they are lawfully authorized to purchase services on behalf of your company.
17. Effective Upon Execution
Terms and Conditions are binding on both parties on the date the Statement of Work is signed and/or payment is made.
18. Limitation of Liability and Applicable Law
- 18.1 The maximum aggregate liability Web Leveling may have to you will be limited to the total amount of fees collected from you. Web Leveling will have no liability in connection with the functionality or content of any search provider or internet publisher, or website not owned by Web Leveling.
- 18.2 This agreement shall be governed and construed by the laws of the State of Texas. Should a claim arise, you agree to waive a trial by jury and to first seek a resolution by arbitration in Harris County, Texas, using a mutually agreed upon member of the American Arbitration Association.
19. Force Majeure
Neither you nor Web Leveling will be in breach of its obligations under these Terms and Conditions of Service (other than the obligation to pay monies due) in the event that, for cause(s) beyond reasonable control, each party is unable to perform, in whole or in part, any one or more of its obligations. Such causes will include, but not be limited to, governmental regulation, fire or other causality, inability to obtain materials or services, technical failure or difficulties, problems or interruptions of the internet, or any other cause not within the reasonable control of either party.
Web Leveling may assign, delegate, or subcontract any rights or obligations under these Terms and Conditions of Service.
21. Fees and Payment
- 21.1 You agree to pay Web Leveling monthly fees to cover the cost of placing and managing your online advertising & marketing services program up to an amount not to exceed what is stated in your most recent Web Leveling Contract. Web Leveling may change the maximum monthly fees in accordance with procedures established by our search providers and publishers from time to time upon notifications. All monthly fees are due at the end of each calendar month.
- 21.2 All credit card payments require a 3% processing fee. If an account becomes 45 days past due, all campaign activities will be paused until payment is made, and the account is current. At 90 days past due, the account is to be handed over to collection.
- 21.3 The Client agrees to pay Web Leveling compensation for the Services agreed upon between the Client and the Company as set out in this agreement and defined in the contract. Payments shall be made on the final day of each month for Services rendered by the Company in that month.
22. Unacceptable Practices
Web Leveling strives to offer the very best service; however, there are certain guidelines and policies that must govern our efforts and relationships with our clients. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of Web Leveling’s services. These include, but are not limited to, adult or pornographic material, scams, illegal activities, and other specified harmful content or actions.
23. Representations and Warranties; License and Grant of Rights
You represent and warrant that you have and will continue to have the absolute and unrestricted right to publish and use all information you have provided for your advertising programs and that the content does not infringe on the rights of any third party and that it complies with all local, state, and federal laws and regulations.
Each party warrants that its respective performance of the terms of this agreement will not in any way constitute knowing, intentional infringement, or violation of any copyright, trade secret, trademark, patent, invention, or any other nondisclosure rights of any third party. You indemnify and hold harmless Web Leveling against all costs (including attorney fees), damages, and liabilities arising from negligent or intended acts on your part.
25. No Guarantees and Disclaimer of Warranties
You acknowledge and agree that Web Leveling makes no specific guarantee or warranty regarding the search providers and publishers to which it submits advertising on your behalf. Web Leveling does not warrant the performance will be error-free but will immediately act to correct errors once they have been identified.
26. Term and Termination
- 26.1 The Web Leveling Contract specifies the initial term for which program rates will be guaranteed, and will be for no less than twelve (12) months for custom programs. All agreements are auto-renewing at the then-published service rates.
- 26.2 After the initial agreement period, either party may cancel the program with a 30-day written notice to the other party.
27. Website Accessibility
Web Leveling is committed to ensuring that its website is accessible to people with disabilities. All the pages on our website will meet W3C WAI’s Web Content Accessibility Guidelines 2.1, Level AA conformance. Any issues should be reported to our team.
- 28.2 In compliance with the GDPR, Web Leveling seeks explicit consent from users before storing non-essential cookies on their devices. Users have the right to decline cookies and can adjust their browser settings to prevent cookie storage.
29. E-commerce Data Protection
Web Leveling recognizes the importance of protecting data in e-commerce transactions. We ensure that all payment information is encrypted and securely processed. We do not store sensitive payment data on our servers.
30. Data Encryption Protocols
Web Leveling employs state-of-the-art encryption protocols to ensure the security and confidentiality of data both in transit and at rest. This includes the use of Secure Socket Layer (SSL) or Transport Layer Security (TLS) protocols for data in transit and industry-standard encryption algorithms for data at rest.
31. Data Breach Protocols
In the event of a data breach, Web Leveling commits to notifying affected stakeholders and relevant authorities within 72 hours, assessing and mitigating the breach’s impact, and taking steps to prevent future breaches.
32. Force Majeure
Neither party shall be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen events beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third-party service provider failures or service interruptions, embargo, labor disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions.
33. Miscellaneous Provisions
- 33.1 This Terms and Conditions document represents the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between the parties.
- 33.2 Any modifications to this agreement must be in writing and signed by both parties.
- 33.3 The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this agreement.
34. Governing Law
This agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Texas, exclusive of conflict or choice of law rules.
35. Effective Date
This agreement becomes effective upon the date the client signs the Web Leveling Contract or makes a payment for services.
36. Assignment and Subcontracting
- 36.1 Web Leveling may assign, transfer, or subcontract its rights and obligations under this agreement without the client’s consent.
- 36.2 The client may not assign, transfer, or subcontract any of its rights or obligations under this agreement without Web Leveling’s prior written consent.
If any provision or part of a provision of these Terms and Conditions is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid, or unenforceable, such provision or part-provision will be struck out of these Terms and Conditions and the remainder of these Terms and Conditions will apply as if the offending provision or part-provision had never been agreed upon.
No failure or delay by Web Leveling in exercising any right, power, or remedy provided by law under or in connection with these Terms and Conditions shall operate as a waiver of that right, power, or remedy, nor shall it preclude or restrict any future exercise of that or any other right or remedy.
39. Third-Party Rights
These Terms and Conditions do not confer any rights on any person or party (other than Web Leveling and the client) pursuant to the Contracts (Rights of Third Parties) Act 1999.
- 40.1 Any notice or other communication given to a party under or in connection with this agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office or primary place of business, or sent by email to the address specified in the Web Leveling Contract.
- 40.2 Any notice or communication shall be deemed to have been received if delivered by hand, on signature of a delivery receipt, or if sent by email, at the time of transmission, or if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second business day after posting.
41. Entire Agreement
These Terms and Conditions, together with the Web Leveling Contract, constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.
42. Resolution of Disputes
In the event of any disputes arising out of these Terms and Conditions, the parties agree to engage in good faith negotiations to resolve the matter before resorting to legal proceedings.
43. Updates to Terms and Conditions
Web Leveling reserves the right to modify, update, or amend these Terms and Conditions at any time. The client will be notified of any significant changes and continued use of Web Leveling’s services after such changes will constitute acceptance of the updated terms.
44. Contact Information
For any questions or concerns related to these Terms and Conditions, please contact:
Web Leveling 11807 Westheimer Road Houston, Texas 77077 email@example.com 1 (800) 386-3060
45. Intellectual Property Rights
- 45.1 All intellectual property rights in or arising out of or in connection with the services provided by Web Leveling shall be owned by Web Leveling.
- 45.2 The client acknowledges that, in respect of any third-party intellectual property rights, the client’s use of any such intellectual property rights is conditional on Web Leveling obtaining a written license from the relevant licensor on such terms as will entitle Web Leveling to license such rights to the client.
- 46.1 Both parties commit to keeping confidential all information concerning the business, affairs, customers, clients, or suppliers of the other, except as permitted by this clause.
- 46.2 Each party may disclose the other party’s confidential information to its employees, officers, representatives, or advisers who need to know such information for the purposes of executing the party’s obligations under this agreement. Each party shall ensure that its employees, officers, representatives, or advisers to whom it discloses the other party’s confidential information comply with this confidentiality clause.
47. Termination for Cause
- 47.1 Either party may terminate this agreement with immediate effect by giving written notice to the other party if the other party commits a material breach of any term of this agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of being notified in writing to do so.
- 47.2 Upon termination of this agreement for any reason, all provisions of this agreement shall cease to have effect, except for any provision which can reasonably be inferred as continuing or is expressly stated to continue.
48. Relationship of the Parties
The agreement does not establish any partnership, joint venture, employment, or agency relationship between the parties. Neither party has the authority to make commitments for or on behalf of the other.
49. Training and Support
Web Leveling may offer training and support services to the client as part of the service package or on an as-needed basis. The specifics of such training and support will be outlined in the Web Leveling Contract or a separate agreement.
50. Feedback and Reviews
- 50.1 The client may be asked to provide feedback or reviews regarding the services provided by Web Leveling. Such feedback is voluntary and may be used by Web Leveling for promotional or improvement purposes.
- 50.2 Web Leveling reserves the right to use any feedback or reviews provided by the client in its marketing materials, testimonials, and other promotional activities.
During the term of this agreement and for a period of one year after its termination, the client agrees not to solicit, hire, or engage any employees or contractors of Web Leveling without the prior written consent of Web Leveling.
This agreement may only be amended or modified by a written document signed by both parties. Any changes or modifications not documented and signed by both parties will not be recognized.
Certain provisions of this agreement by their nature should survive termination, including terms related to confidentiality, indemnification, and limitations of liability, among others. Such terms shall remain in effect even after termination of this agreement.
54. Compliance with Laws
Both parties agree to comply with all applicable local, state, national, and international laws and regulations in performing their respective duties and obligations under this agreement.
This agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
56. No Exclusivity
The services provided by Web Leveling to the client under this agreement are non-exclusive. Web Leveling is free to provide similar services to other clients, and the client is free to obtain similar services from other providers.
The headings in this agreement are for convenience only and shall not affect the interpretation of the provisions of this agreement.
58. No Third-Party Beneficiaries
This agreement is for the benefit of the parties hereto and not intended to confer any rights or benefits on any third party, including any employee or client of a party, or to create any obligations or liabilities of a party to any such third party.
No waiver by any party of any default or breach of any provision of this agreement shall be deemed a waiver of any subsequent default or breach of the same or any other provision of this agreement.
In the event of a dispute regarding the interpretation of this agreement, the interpretation shall not be construed for or against any party based on the drafter.
61. General Data Protection Regulation (GDPR) Compliance
- 61.1 Web Leveling acknowledges and agrees to comply with the General Data Protection Regulation (GDPR) as it pertains to the services provided to clients within the European Union.
- 61.2 Data Processing: Web Leveling will process personal data only on documented instructions from the client, including transfers of personal data to a third country or an international organization, unless required to do so by European Union or Member State law to which Web Leveling is subject. In such a case, Web Leveling shall inform the client of that legal requirement before processing unless that law prohibits such information on important grounds of public interest.
- 61.3 Data Security: Web Leveling shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including the pseudonymization and encryption of personal data, and the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services.
- 61.4 Data Breach Notification: Web Leveling shall notify the client without undue delay after becoming aware of a personal data breach.
- 61.5 Data Subject Rights: Web Leveling shall assist the client by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the client’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR.
- 61.6 Data Deletion: At the choice of the client, Web Leveling shall delete or return all the personal data to the client after the end of the provision of services relating to processing and shall delete existing copies unless European Union or Member State law requires storage of the personal data.
62. California Consumer Privacy Act (CCPA) Compliance
- 62.1 Web Leveling acknowledges and agrees to comply with the California Consumer Privacy Act (CCPA) as it pertains to the services provided to clients within California.
- 62.2 Consumer Rights: Web Leveling recognizes that California residents have the right to know what personal information is collected, used, shared, or sold, both as to the categories and specific pieces of personal information.
- 62.3 Right to Delete: Web Leveling shall delete the personal information of a consumer collected by Web Leveling upon receipt of a verifiable consumer request from the client.
- 62.4 Non-Discrimination: Web Leveling will not discriminate against a consumer because the consumer exercised any of the consumer’s rights under the CCPA.
- 62.5 Data Selling: Web Leveling confirms that it does not sell the personal information of consumers. If this practice changes, Web Leveling will update its terms and conditions and provide clients with options to opt out.
- 62.6 Service Providers: Web Leveling may engage third-party service providers in the course of its services. Web Leveling will ensure that all service providers handling personal information are compliant with the CCPA.
63. Children’s Online Privacy Protection Act (COPPA) Compliance
- 63.1 Web Leveling is committed to complying with the Children’s Online Privacy Protection Act (COPPA). Our services are not designed for or directed to children under the age of 13, and we do not intentionally collect or maintain personal information from children under this age.
- 63.2 Parental Consent: Web Leveling does not knowingly collect personal information from children under the age of 13 without obtaining verifiable parental consent. If we become aware that a user is under the age of 13 and has provided personal information without prior verifiable parental consent, we will remove their personal information from our files.
- 63.3 Parental Review: Parents or guardians may request to review or delete any personal information we have collected from their child (if such information has been inadvertently collected) and refuse to permit its further collection or use. To make such a request, parents or guardians can contact us directly.
- 63.4 Notification: If Web Leveling decides to offer services that require collecting personal information from children under the age of 13, we will provide direct notice to parents and obtain verifiable parental consent before collecting, using, or disclosing any personal information from children.
- 63.5 Third-Party Activities: Web Leveling does not share personal information from children under the age of 13 with third parties for their direct marketing purposes. If this practice changes, Web Leveling will seek parental consent before sharing information.