General
IVenture Marketing agrees to provide services described in the Service Order section of this Agreement to the Client subject to the following Terms of Service (TOS). IVenture Marketing will make all reasonable efforts to provide a quality service to the Client in exchange for the Client paying their invoices when due.

 

Privacy

The Client may be requested to provide iVenture Marketing with login information for existing accounts (such as hosting, website CMS, FTP logins…etc.) in order for iVenture Marketing to render the services requested by the Client. It is at the sole discretion of the Client if they want to provide the requested login information. The Client may opt to withhold any login information, or may choose to create a new account with limited access for the purposes of the Company rendering services, or for situations that require a higher level of security the Client may offer access only in a controlled environment where activity is supervised. Whichever option is chosen, the Client acknowledges that it may not be possible to render some services without some form of access or login information and that requiring the Company to dispatch a team member to work onsite will increase the time (and cost) to render some services. By providing login details the Client grants iVenture Marketing the rights to edit or manage the accounts as needed to render the services requested. iVenture Marketing will use the customer’s personal information only as reasonably necessary to provide the services under this Agreement and to collect fees owed and will not disclose such information to any third party except as required by law as evidenced by an order of a court of competent jurisdiction and to collection services if needed. Upon written authorization from the Client, the Company may use the Contact Name, Business Name, Website Address, Website Front-End Screenshots, and/or any testimonials whether written or verbal in marketing materials for iVenture Marketing this may include use on a “Testimonials” page or a “Samples Of Our Work” page. Further information regarding our privacy policy can be found on the iVenture Marketing website at: https://iventuremarketing.com/privacy-policy (the terms of this privacy policy are subject to change without notice).

 

Term & Termination

The term and length of this Agreement shall begin on and continue until the respective dates specified in the Service Order section of this Agreement. If no Contract Length is stated, the term will be 30 days. After the Contract Length has been reached this Agreement will be renewed automatically on an month-to-month basis until terminated by either Party (iVenture Marketing or Client). After the initial Contract Length stated in the Service Order section of this Agreement, either party may terminate this Agreement on the account’s anniversary date (an account anniversary date corresponds to the day of the month the Agreement was entered into.) (i) for convenience with 30 days before the next anniversary date written notice to the other party, or (ii) if the other party (x) commits a material default (which, in the case of the Customer, will include any failure to make any payment when due) and fails to rectify such default within 10 days after being given notice of such default by the other party, or (y) becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing. Cancellation requests require 30 days notice before the next billing period and must be made either by email using the same Contact Email address specified in the General Terms Acceptance section of this Agreement or via mail with a written letter stating the request and the Clients signature sent to: iVenture Assets Ltd., Box 1335 - 8 Van Buren St. Kemptville, Ontario K0G 1J0. Verbal cancellation requests over the phone will not be honored. Should the Client only wish to cancel and/or refund one of multiple services from this Agreement it shall be removed while keeping the rest of this Agreement intact. Should the Company want to cancel this Agreement, 30 days written notice must be sent to the Client via the contact information specified in this Agreement. Should the Client be utilizing hosting services from the Company - at the time of sending the notice of cancellation the Company will also send the Client a copy of all files/data stored on the Companies servers and will offer support (to the best of their ability) to help the Client move their website/data to a new web host.

 

Early Cancellation

If the Client wishes to cancel a service before the end of the term of the Agreement (and after the 30 day satisfaction guarantee period if applicable) the Client will be subject to the following Early Cancellation Fees: $12.50 Deactivation Fee + $37.50 Administration Fee + 21.5% Of all payments left in the Agreement term. Example – if the Client has 8 months left in the Agreement and their monthly costs for services are $2,000 their Early Cancellation Fee would be $3,490 ($12.50 [Deactivation Fee] + $37.50 [Administration Fee] + $3,440 [21.5% Of their monthly fee multiplied by the months remaining in the Agreement]). Regarding Agreement terms equal to or greater than 1 year - If at least 30% of the Agreement term has passed and the Client is unsatisfied with the services rendered by iVenture Marketing during that time and can show beyond reasonable doubt that the services rendered have had no visible improvement to the Clients business the Early Cancellation Fees will be waived.

 

 

Force Majeure

Neither party (iVenture Marketing or Client) will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure.

 

Limitation Of Liability

The Client acknowledges that iVenture Marketing grants full access to and permits the Client (or requested 3rd parties hired by the Client) at any time to install and manage their own websites, software, services, accounts and applications including but not limited to WordPress, Google Adwords and other accounts created for the Client as part of the Agreement. Therefore, the Client agrees that iVenture Marketing will have no liability and will not be held responsible for any damages, costs, lawsuits, criminal charges or losses incurred as a result of changes (or lack of changes) made to these accounts, software and services by anyone. Where required by law, the limit of iVenture Marketing’s liability in contract, tort (including negligence) or by statute or otherwise to the Client concerning performance or non-performance in any manner related to this Agreement, for any and all claims will not, in the aggregate, exceed the total fees paid by the Client to iVenture Marketing under this agreement in the immediately preceding 30 days from the date the claim arose. In no event will iVenture Marketing be liable for any lost profits, special, indirect, consequential, incidental or punitive damages.

 

HIPAA / PIPEDA Compliance

iVenture Marketing makes no claims as to HIPAA or PIPEDA compliance. We use 3rd party open source software (such as WordPress and Interspire Email Marketer) which has the potential to be exploited if vulnerabilities are discovered in the software. Additionally, we use 3rd party servers which use "cloud resources" that are beyond our full control - this means that: i) Data stored in the Clients hosting account may become accessible to other parties within the cloud network ii) The actual location of the Clients data is in 3rd party data center(s) which may be located in several locations in North America simultaneously. As of the time of writing this we use 1and1 cloud servers to handle our server needs. While we make every reasonable effort to secure our servers and the websites / web apps we provide to the Client, for the reasons mentioned above we are unable to guarantee HIPAA or PIPEDA compliance. It is recommended that Clients requiring HIPAA or PIPEDA compliant servers to store sensitive data do not use our hosting service. It is at the sole responsibility of the Client to determine if HIPAA or PIPEDA compliance is a requirement for their business and to secure any accounts, websites, servers...etc. that may potentially give unauthorized user access to sensitive data.

 

Legal Requirements

It is the sole responsibility of The Client to ensure that all services requested (either verbal or written) and rendered meet and adhere to all legal requirements (including but not limited to FTC regulations) of their City, State, Province and Country. The Client acknowledges that they must give written or verbal approval before any Public Facing Services rendered by iVenture Marketing is “put live” including but not limited to websites, promotion graphics, ads or website content. The Client agrees to only approve these public facing services after The Client has had them reviewed by a lawyer who has confirmed the Public Facing Services meet all legal requirements. The Client acknowledges that iVenture Marketing only renders services under the direct instruction from the Client and agrees that iVenture Marketing shall not be held liable in the event that any Services rendered are determined to be in violation of any laws, regulations or copyrights now or in the future.

 

Indemnification

The Client warrants that everything it provides iVenture Marketing to employ in the services outlined on the Service Order is legally owned or licensed to the Client. The Client agrees to indemnify and hold iVenture Marketing harmless from any and all claims brought by any third party relating to any aspect of the services provided, including but without limitation, any and all demands, liabilities, losses, costs, and claims including attorney’s fees arising out of injury caused by the Client’s products/services, material supplied by the Client, copyright infringement, and defective products sold via the services provided. the Client agrees to indemnify iVenture Marketing from responsibility for problems/disruptions caused by third-party services that the Client may use, such as merchant accounts, shopping carts, shipping, hosting services, real-time credit card processing, and other services that relate to the ownership and operation of the services provided. The Company warrants that all software, graphics and content provided by the Company for use in rendering services for the Client are legally owned or licensed for use in the services rendered for the Client - the Client may at any time request copies of license information for these items. The Company warrants that they secure and maintain their web servers to the best of their ability and make regular weekly backups of all Client data stored in an off-site location. In the event of data loss or hosting service disruption as a result of hardware malfunction on the Companies web servers, the Company will (to the best of their ability) attempt to recover lost data and/or restore web hosting at no charge to the Client. The Company warrants that the Client may at any time request a copy of their data stored on the Companies servers and/or to delete all their data from the Companies servers which will be fulfilled within 2 business days.

 

Royalty-Free Media & Copyright Infringement

The Client must be able to provide proof of license for all media that iVenture Marketing is given access to as part of rendering the services of this Agreement. If the Client is unsure as to whether a valid license is held (meaning they cannot provide a license document on request) for any media currently being used on their website or provided to iVenture Marketing for rendering of services the Client MUST inform iVenture Marketing of this in writing. As such, any media with license in question will not be used in rendering services as part of this Agreement and may require being replaced with a licensed image at the Clients expense in order for services to be rendered. iVenture Marketing only uses fully licensed royalty-free media in items prepared for the Client as part of this Agreement. This royalty-free media will be purchased from Fotolia LLC, Envato Pty Ltd. , DollarPhotoClub.com, ingimage, Depositphotos and/or another licensed 3rd party stock media marketplace- all license information for this media will be given to the Client upon request. Any issues with these files regarding copyright infringement should be directed to the respective business the licensed media was purchased from. iVenture Marketing will not be held liable for copyright infringement claims nor participate in legal proceedings nor go to court on behalf of the Client over media copyright infringement claims. Royalty-free media purchased by iVenture Marketing for use in rendering services for this Agreement is only licensed for its intended purpose and may not be used elsewhere. For example, if an image license is purchased for use on the Clients website it is only licensed for use on that website and may not be used anywhere else including but not limited to Social Media Sites, Printed Marketing Materials, Micro-Sites or Online Advertisements.

 

Jubini Core Theme For WordPress License

Basic License - Includes all of the following: License to use of the Jubini theme and associated plugins (including the drag-and-drop editor) on 1 domain for the duration of the Agreement, Ongoing updates of the Jubini theme, Limited access to the Theme Options Panel and up to 2 hours of website maintenance per month (herein referred to as the Included Maintenance Hours).
Developer License - Includes all the features of the Basic License plus full access to the Theme Options Panel, Access to all pre-done page layouts, Access to all pre-done sliders, Access to the full Jubini theme documentation and the ability to install and use the Jubini theme on unlimited sites owned by the Client for the duration of the Agreement. The Client may not offer sublicenses to other parties or use the Jubini theme on websites that are intended for other individuals or businesses not owned by the Client. For clarity: the Client may NOT use the Jubini theme to build websites for other businesses or individuals either for free or profit.

 

Good Faith

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

 

Service Performance Disclaimer

As with any form of marketing or advertising there are many variables that can affect its performance and as such, results cannot be guaranteed. The Client acknowledges and agrees to not hold iVenture Marketing liable financially or otherwise for the performance of any advertisements, web pages or scripts. No guarantees are made regarding how many clicks ads will receive, the amount of leads generated from website visitors (whether the visitors are from a free or paid source), or the amount of sales that the will be generated as a result of the services rendered by iVenture Marketing.

 

For Clarity Here Are Some Things The Client Should Expect:

  • An open line of communication with iVenture Marketing about ways to improve marketing using new technologies and ways to repair damages from search engine algorithm changes or bad user reviews. (Related Marketing Services Only)
  • Rankings that go up and down from month-to-month but gradually improve each year (SEO Related Services Only)
  • Variable lead volume and quality. Some months will be better than others - this is affected by the time of year, the Client's industry and the types of marketing and promotions offered. You can expect us to strive to improve volume and quality by using ongoing split testing of ads, promotions and landing pages. (Related Marketing Services Only)
  • Cost Per Click rates that gradually go down to a certain plateau and maintain at around that cost. (PPC Related Services Only)
  • Conversion rates that gradually go up until reaching a certain plateau that is maintained. (PPC Related Services Only)
  • A gradual increase in Likes and Followers on social networks. (Social Management Services Only)
  • A stable hosting platform with 99% uptime (based on a 30 day period) where security patches are applied regularly and hacked pages and malware infections are cleaned promptly. (Hosting Services Only)

 

For Clarity Here Are Some Things The Client Should NOT Expect:

  • To have their brand new website rank #1 for a bunch of keywords immediately following launch.
  • Instant (less than 6 months) improvements to search engine rankings or #1 rankings for high competition keywords.
  • Bullet-proof bank or government level server security and sites that are impossible to hack.
  • Only perfect leads (people with tons of cash, perfect credit & ready to buy this instant without any further objection handling). In some industries you will have to deal with people that are broke, have poor credit and need to be convinced to buy. There's no filter option for ads to target "only rich people".
  • Unrealistic constant conversation rates (over 15%), email open rates (over 20%) and clickthrough rates (over 4%).
  • To not have to implement any new marketing strategies or business procedures in their local business that compliment the services being rendered under this Agreement.

 

Ownership Disclaimer

Website Theme: iVenture Marketing is the owner of the Jubini Core Theme For WordPress (herein referred to as the Jubini Theme) and grants a non-transferable license to the Client to use the Jubini Theme and the plugins associated with it only on the website(s) detailed in the Service Order section of this Agreement and according to the terms therein. The license is only valid for the length of the term specified in the Agreement. If no website or duration is specified (or this Agreement is terminated) it is to be assumed that no license is given. The Client has no ownership rights to the Jubini theme and shall not be given the source files. Resale of the Jubini theme, attempts to circumvent the licensing system or use in derivative products/projects is strictly prohibited - those in breach of this will be prosecuted. If this Agreement is terminated the license with also be terminated and the Jubini theme will cease to work and should be removed by the Client immediately. The Client may at any time choose to activate a different (non-iVenture Marketing owned) WordPress theme for their website though all custom functionality and design elements will more than likely not be supported by any other theme resulting in your website not looking or function properly.
Website/Email Content: All website/email content (text, custom graphics, sliders, videos) is owned by the Client except for licensed royalty-free media. The ownership of this royalty-free media remains with its respective owner. This media may only be used for its licensed purpose. Source files for the website/email content will be given to the Client upon request and only if doing so is not in breach of any other contract or license agreement.
Web Server / Hosting:  When hosting is provided as part of the Rendered Services, iVenture Marketing is the owner (or legal licensee) of the equipment used by the Client to host their website and grants a license to use this equipment for their website for only the length of the term specified in the Agreement. The Client has no ownership rights to the equipment. Physical access to the equipment by the Client and resale of services is strictly prohibited.
Email Marketing Platform:  iVenture Marketing is the owner (or legal licensee) of the software and equipment used by the Client to manage their email lists and grants a license to use this equipment and software for only the length of the term specified in the Agreement. The Client has no ownership rights to the equipment or software. Resale or sublet of the Email Marketing System is strictly prohibited.
Video Production:  The Client is the owner of all videos created under this Agreement except the materials contained within the video such as licensed royalty-free media (images, music, video clips). The ownership of this royalty-free media remains with its respective owner. This media may only be used for its licensed purpose. Source files for the videos will be given to the Client upon request and only if doing so is not in breach of any other contract or license agreement.

 

Maintenance Hours

Included Maintenance Hours have no cash value and do not roll over from month to month. If the Client requires additional hours of maintenance to be performed they will be billed at a rate of $50/hour and will be due with the next license payment. The Client may not use the Included Maintenance Hours for the following month for services rendered in the current month. Any request for maintenance that falls within the Included Maintenance Hours is guaranteed to be rendered within 2 business days of the request - if it is not, the Client will be credited with up to 2 additional hours of maintenance for the current month at no additional charge.  Requests that fall outside the Included Maintenance Hours are handled in the order which they are received subject to the availability of iVenture Marketing staff. Website Maintenance hours may go towards the following work: Help with using the Jubini theme, Slider graphics, New page creation, Content changes, Layout, font & menu Changes, Contact form creation & modification, updating WordPress & plugins, applying updated to Jubini theme, Adding Videos (but not creating them), Promotion overlays or graphics, Adding/editing team member bios, Adding new website functionality and Updating image galleries. Additional tasks may be performed at the sole discretion of iVenture Marketing.

 

CAN-SPAM Compliance

iVenture Marketing enforces CAN-SPAM compliance. The Client may not send any unsolicited email advertising using iVenture Marketing services or through open proxy servers. If a Client is found to be in violation of our SPAM policy, iVenture Marketing may, at its sole discretion, restrict, suspend or terminate this Agreement in whole or in part. Further, iVenture Marketing reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. iVenture Marketing will notify law enforcement officials if the violation is believed to be a criminal offense. The Client acknowledges that they are responsible for any and all SPAM related actions which come from their account. Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited even if the lists are said to be opt-in. It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside the iVenture Marketing hosting network.

 

Advertising & 3rd Party Costs

The Client is solely responsible for all costs associated with advertising using Pay Per Click ads, Display Ads, Video Ads, Retargeting and any other means of paid advertising, marketing or 3rd party service configured and setup on behalf of the Client as part of this Agreement.

 

Payment Terms And Invoices

All services rendered as part of this Agreement are to be paid to iVenture Marketing by the Client in advance using the currency stated in the Service Order part of this Agreement. All invoices are sent to the Client by email and are due upon receipt. A copy of any invoice can be mailed to the Client upon request. The terms of payment (for example: 50% upfront and 50% on delivery) are defined in the Service Order part of this Agreement and must be adhered to. iVenture Marketing reserves space, equipment and resources to meet the needs of this Agreement on an ongoing basis. Therefore the Client must pay the fees associated with this Agreement even if the Client is not making any use of the services provided. For example: a hosting account provided as part of the Agreement needs to be paid for regardless of if the Client has actually uploaded a website to it.

 

Automatic Payments By Credit Card Or Paypal

In the case of payments by credit card, iVenture Marketing will use the information in its possession to make a payment on the invoice date. In the case of payments made by Paypal, Paypal will automatically bill your Paypal account on the same day every month. In both cases, the Client will receive their invoice approximately 24 hours before the charge is automatically made and will receive a notification of payment received within 24 hours following the payment being made. The Client may choose to disable automatic payments at any time by placing a written request to iVenture Marketing. Manual invoicing and payment processing (including payments via check) are subject to a 5% surcharge.

 

Storage Of Sensitive Client Data

Any financial information such as billing information and credit card numbers provided by the Client will not be stored on iVenture Marketing servers. This information will only be kept on file by our secure payment processors Paypal and/or Stripe and only when the Client has signed up for services requiring multiple or recurring payments. This data will only be stored as long as this Agreement is in place. It is the sole responsibility of the Client to take the necessary precautions whenever submitting sensitive data to iVenture Marketing. We recommend submitting sensitive data either by phone or email if the data is stored in a password protected zip file – the password can then be provided over the phone. iVenture Marketing will not be liable for compromised financial or other sensitive data due to Client negligence.

 

Late Or Declined Payments

Any payment not made when due will be subject to interest of two percent (2%) per month compounded monthly (equivalent to a yearly interest rate of 26.86%). Bounced checks or declined payments are subject to a penalty fee of $45. Declined automatic payments will be retried every 5-7 days to a maximum of 3 attempts before suspending the automatic payment profile. Payments that are 15 days past due will result in services and licenses being suspended after 48 hours notification (given on the 13th day past due). Accounts that are not paid 45 days after the due date may be turned over to an outside collection agency. If the Clients account is turned over for collection, they may risk a negative impact on their credit rating. If the Clients services and/or licenses are suspended there is a $50 reconnection fee that is billed on top of any outstanding balance, penalties and interest. Total cost of late fees, penalties and interest cannot exceed $1,000.

 

Fee Changes

The fees associated with any service rendered as part of this Agreement are subject to change with 30 days written notice after the initial contract length specific in the Service Order section of this Agreement has passed. This Agreement may have additional services appended to it upon written request from the Client at any time. These additions may affect the final price and services to be rendered but will not cancel or otherwise nullify this Agreement in any way.

 

Website Backups

It is highly recommended that the Client keeps backups of their website and other data on an ongoing basis. If a website is created for the Client as part of this Agreement iVenture Marketing will provide a single backup copy of the website once it is completed and will restore the backup for a $50 fee. If hosting is provided for the Client as part of this Agreement iVenture Marketing will provide weekly off-site backups of the Clients website and will restore backups for free.

 

Hosting Accounts

The Client is solely responsible for the content stored on and served by their hosting services. The Client agrees to use the iVenture Marketing hosting service only for lawful purposes, in compliance with all applicable law. Forbidden activities include but are not limited to:

  • Storing or serving any adult or pornographic material
  • Use or distribution of tools designed for compromising security.
  • Misrepresenting or fraudulently representing products/services
  • Running a proxy server
  • Running a video sharing service, IRC channel, camfrog service or other resource heavy website/service.

Violation of these restrictions may subject the Client to criminal or civil liability. It is strongly recommended that for security sake the Client does not store sensitive customer data on their website, especially if they are running WordPress or other open source software due to the potential security risks associated. If the Client chooses to store sensitive date, it is the sole responsibility of the Client to secure their website adequately for storage of sensitive client data. iVenture Marketing will not be held liable for damages of any kind that result from stolen or compromised data from a Clients website.

 

Reselling, Assignment, Successors And Assigns

Reselling of any iVenture Marketing services is strictly prohibited except when authorized in writing by iVenture Marketing. The Client agrees to not assign, sell, transfer, delegate, sublet, divert, or otherwise share any services rendered under this Agreement in whole or in part with any other individual, company, website or otherwise. Any purported assignment, transfer, delegation, sublet, diversion or sharing arrangement shall be null and void. Nothing in this Agreement shall prevent the consolidation of iVenture Marketing with, or its merger into, any other corporation, or the sale by iVenture Marketing of all or substantially all of its properties or assets, or the assignment by iVenture Marketing of this Agreement and the performance of its obligations hereunder to any successor in interest or any affiliated company. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors, and permitted assigns, and shall not benefit any person or entity other than those enumerated above.

 

Entire Agreement

This Agreement including the attachments hereto and signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, iVenture Marketing MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency in the Terms Of Service section, the Service Order section and the General Terms section - the Terms of Service section will take first priority, the General Terms section will take second priority and the Service Order will take third priority in interpreting the parties’ rights and obligations.

 

Severability And Reformation

If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The provisions of the following sections shall survive the termination of this Agreement: Privacy, Limitation Of Liability, Indemnification, Royalty-Free Media & Copyright Infringement, Ownership Disclaimer, Use Of Materials For Promotion Purposes, Right To Make Derivative Works and Advertising & 3rd Party Costs.

 

Governing Law And Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. Exclusive jurisdiction and venue shall be in the Supreme Court of Canada located in Ottawa, Ontario, Canada.

 

Rules Of Construction

The language in all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against either iVenture Marketing or the Client. Section headings in this Agreement are for convenience only and are not to be construed as a part of this Agreement or in any way limiting or amplifying the provisions hereof. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.

Waiver

The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.

 

Use Of Materials For Promotion Purposes

the Client grants iVenture Marketing the right to use works created in rendering the services for this Agreement for promotional purposes. The Client grants iVenture Marketing the right to list, reference, or otherwise identify the Client as a client in iVenture Marketing advertising, marketing and websites including placing a text link on the Clients website linking back to the IVentureMarketing.com website.

 

Right To Make Derivative Works

the Client agrees that iVenture Marketing will have the exclusive rights to make derivative works from practices, coding, programming or other work developed while rendering the services outlined in this Agreement. Under no circumstance will the Client be permitted to make any sort of derivative works (whether personal or for resale) from the services, code or materials rendered or provided by iVenture Marketing as part of this Agreement.

 

30 Day Money Back Guarantee

The Client has 30 days following their initial payment for the Agreement or the date the Agreement was first signed (whichever was done first) to cancel the Agreement without an Early Cancellation Fee and to get a refund of fees paid to iVenture Marketing on eligible services (see the Exclusions section of this Agreement for a list of services that are not eligible). Refunds for hourly work including but not limited to building websites, setting up accounts and creating graphics required as part of the Agreement will only be partially refunded based on the amount of hours of work completed compared to how much the Client has paid in advance using a rate of $50/hour. For example: if the Client paid $6,000 in advance for a website and after 2 weeks of work (80 hours) decided to get a refund they would only get $2,000 refunded. They would also receive all files created from that work in accordance with the Ownership Disclaimer section of this Agreement. Should the Client only wish to cancel and/or refund one of multiple services from this Agreement that one service shall be removed from the Agreement while keeping the rest of this Agreement intact. Additionally, if the Client is still receiving services as part of this Agreement any refund to be issued for that one canceled/refunded service will instead be applied as a credit on the Clients account with iVenture Marketing which will be applied towards future invoices. Only when the Client terminates the entire Agreement will any outstanding credits be refunded in accordance with the Claim Procedures section of this Agreement.

 

Exclusions

The following services/fees do not qualify for a refund: Domain Name Registration, Bandwidth Overages, Extra Email Credits, Royalty-Free Media, Money paid to 3rd Party Services or Tools or Entities by either iVenture Marketing or the Client including but not limited to Google Adwords, Perfect Audience, Facebook and Bing Ads.

 

Claim Procedures

In order to terminate your Agreement (or an individual service therein) and claim the 30 Day Money Back Guarantee the Client must send a written and signed request to iVenture Marketing either via email, fax or regular mail. This request MUST be received before the 30 days is up. Requests received after the 30 days will not be honored. To prevent any sort of money laundering; refunds under $1,000 will be processed within 15 business days following when the request is received. Refunds over $1,000 will be processed within 60 business days following when the request is received. Refunds over $5,000 may require additional processing time over the 60 business days following when the request is received and may be subject to additional questioning or investigation. No interest will be paid on refunds.