By purchasing our services, you agree to all terms and conditions highlighted in this
Terms and Conditions Agreement below.
During the term of this Agreement, Your Marketing Guy, hereby referred to as YMG,
will provide access to use their SaaS app and digital product to the client as
described on the YMG website hereto (the “Services”). It’s important that the client
understands the expectations of the service plan they have purchased so they know
what to expect by reading the entirety of the Terms of Service and Service
Agreement. It is the responsibility of the customer to read this before purchasing any
of YMG’s products and services, as they declare their approval to this agreement by
ticking the box on the checkout to approve and agree to our conditions set out in this
agreement.
The Client shall be required to pay for the license use of the SaaS app and digital
product services that YMG provides to the client. The Client shall pay to YMG the
amounts and payment schedule specified on the plan purchased on the YMG
website.
THE AGREEMENT: The use of this website and services on this website provided
by YMG (hereinafter referred to as “Company”) are subject to the following Terms of
Service and Service Agreement (hereinafter the “Agreement”), all parts and sub parts of which are specifically incorporated by reference here. This Agreement shall
govern the use of all pages on this website (hereinafter collectively referred to as
“Website”) and any services provided by or on this Website (“Services”). YMG is not
a LinkedIn or Email product. You understand that like any third-party software or
tools, LinkedIn Corporation does not endorse the use of YMG nor does LinkedIn
Corporation have any association with YMG.
1) DEFINITIONS
The parties referred to in this Agreement shall be defined as follows:
Company, Us, We: The Company, as the creator, operator, and publisher of the
Website, makes the Website, and certain Services on it, available to users. YMG,
Company, Us, We, Our, Ours and other first-person pronouns will refer to the
Company, as well as all employees and affiliates of the Company.
You, the User, the Customer, the Client: You, as the user of the Website, will be
referred to throughout this Agreement with second-person pronouns such as You,
Your, Yours, or as User or Client.
Parties: Collectively, the parties to this Agreement (the Company and You) will be
referred to as Parties.
2) ASSENT & ACCEPTANCE By using the Website, You warrant that You have read and reviewed this Agreement
and that You agree to be bound by it. If You do not agree to be
bound by this Agreement, please leave the Website immediately. The Company only
agrees to provide use of this Website and Services to You if You assent to this
Agreement.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Website or any Services
contained herein. By using this Website, You represent and warrant that You are at
least 18 years of age and may legally agree to this Agreement. The Company
assumes no responsibility or liability for any misrepresentation of Your age.
4) LICENCE TO USE WEBSITE
The Company may provide You with certain information as a result of Your use of
the Website or Services. Such information may include, but is not limited to,
documentation, data, or information developed by the Company, and other materials
which may assist in Your use of the Website or Services (“Company Materials”).
Subject to this Agreement, the Company grants You a non-exclusive, limited, non
transferable and revocable licence to use the Company Materials solely in
connection with Your use of the Website and Services. YMG’s paid licence is non
refundable. The Company Materials may not be used for any other purpose and this
licence terminates upon Your cessation of use of the Website or Services or at the
termination of this Agreement.
5) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Company are the
property of the Company, including all copyrights, trademarks, trade secrets, patents
and other intellectual property (“Company IP”). You agree that the Company owns all
right, title and interest in and to the Company IP and that You will not use the
Company IP for any unlawful or infringing purpose. You agree not to reproduce or
distribute the Company IP in any way, including electronically or via registration of
any new trademarks, trade names, service marks or Uniform Resource Locators
(URLs), without express written permission from the Company.
6) USER OBLIGATIONS
As a user of the Website or Services, You may be asked to register with Us. When
You do so, You will choose a user identifier, which may be Your email address or
another term, as well as a password. You may also provide personal information,
including, but not limited to, Your name. You are responsible for ensuring the
accuracy of this information. This identifying information will enable You to use the
Website and Services. You must not share such identifying information with any third
party and if You discover that Your identifying information has been compromised,
You agree to notify Us immediately in writing. Email notification will suffice. You are
responsible for maintaining the safety and security of Your identifying information as
well as keeping Us apprised of any changes to Your identifying information.
Providing false or inaccurate information, or using the Website or Services to further
fraud or unlawful activity is grounds for immediate termination of this Agreement.
7) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any
purpose prohibited under this clause. You agree not to use the Website or Services
in any way that could damage the Website, Services or general business of the
Company.
You further agree not to use the Website or Services:
To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
To violate any intellectual property rights of the Company or any third party;
To upload or otherwise disseminate any computer viruses or other software that may
damage the property of another;
To perpetrate any fraud;
To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;To publish or distribute any obscene or defamatory material;
To publish or distribute any material that incites violence, hate or discrimination
towards any group;
To unlawfully gather information about others
8) Privacy Policy
Through Your Use of the Website and Services, You may provide Us with certain
information. By using the Website or the Services, You authorize the Company to
use Your information in the United Kingdom and any other country where We may
operate.
Information We May Collect or Receive: When You register for an account, You
provide Us with a valid email address and may provide Us with additional
information, such as Your name or billing information. Depending on how You use
Our Website or Services, We may also receive information from external applications
You use to access Our Website, or We may receive information through various web
technologies, such as cookies, log files, clear gifs, web beacons or others.
How We Use Information: We use the information gathered from You to ensure Your
continued good experience on Our website, including through email communication.
We may also track certain of the passive information received to improve Our
marketing and analytics, and for this, We may work with third-party providers.
How You Can Protect Your Information: If You would like to disable Our access to
any passive information We receive from the use of various technologies, You may
choose to disable cookies in Your web browser. Please be aware that the Company
will still receive information about You that You have provided, such as Your email
address. If You choose to
terminate Your account, the Company will store information about You for the
following number of days: 30. After that time, it will be deleted
We use SSL (Secure Sockets Layer) for connections between client side (website &
app) and our servers to protect your data
We do not collect any payment information of any kind.
We store only your YMG account information (email, licenses, team members) on
our servers
9) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
Reverse engineer, or attempt to reverse engineer or disassemble any code or
software from or on the Website or Services;
Violate the security of the Website or Services through any unauthorized access,
circumvention of encryption or other security tools, data mining or interference to any
host, user or network.
10) DATA LOSS
The Company does not accept responsibility for the security of Your account or
content. You agree that Your use of the Website or Services is at Your own risk.
11) INDEMNIFICATION
You agree to defend and indemnify the Company and any of its affiliates (if
applicable) and hold Us harmless against any and all legal claims and demands,
including reasonable attorney’s fees, which may arise from or relate to Your use or
misuse of the Website or Services, Your breach of this Agreement, or Your conduct
or actions. You agree that the Company shall be able to select its own legal counsel
and may participate in its own defence, if the Company wishes.
12) SPAM POLICY You are strictly prohibited from using the Website or any of the Company’s Services
for illegal spam activities, including gathering email addresses and personal
information from others or sending any mass commercial emails.
13) THIRD-PARTY LINKS & CONTENT
The Company may occasionally post links to third party websites or other services.
You agree that the Company is not responsible or liable for any loss or damage
caused as a result of Your use of any third party services linked to from Our Website.
14) MODIFICATION & VARIATION
The Company may, from time to time and at any time without notice to You, modify
this Agreement. You agree that the Company has the right to modify this Agreement
or revise anything contained herein. You further agree that all modifications to this
Agreement are in full force and effect immediately upon posting on the Website and
that modifications or variations will replace any prior version of this Agreement,
unless prior versions are specifically referred to or incorporated into the latest
modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by
any court of law, You agree that the prior, effective version of this Agreement shall
be considered enforceable and valid to the fullest extent.
You agree to routinely monitor this Agreement and refer to the Effective Date posted
at the top of this Agreement to note modifications or variations. You further agree to
clear Your cache when doing so to avoid accessing a prior version of this
Agreement. You agree that Your continued use of the Website after any
modifications to this Agreement is a manifestation of Your continued assent to this
Agreement.
In the event that You fail to monitor any modifications to or variations of this
Agreement, You agree that such failure shall be considered an affirmative waiver of
Your right to review the modified Agreement.
15) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with
respect to any and all use of this Website. This Agreement supersedes and replaces
all prior or contemporaneous agreements or understandings, written or oral,
regarding the use of this Website.
16) SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Website to perform
maintenance or emergency services on a scheduled or unscheduled basis. You
agree that Your access to the Website may be affected by unanticipated or
unscheduled downtime, for any reason, but that the Company shall have no liability
for any damage or loss caused as a result of such downtime.
18) NO WARRANTIES
You agree that Your use of the Website and Services is at Your sole and exclusive
risk and that any Services provided by Us are on an “As Is” basis.
The Company hereby expressly disclaims any and all express or implied warranties
of any kind, including, but not limited to the implied warranty of fitness for a particular
purpose and the implied warranty of merchantability. The Company makes no
warranties that the Website or Services will meet Your needs or that the Website or
Services will be uninterrupted, error-free, or secure. The Company also makes no
warranties as to the reliability or accuracy of any information on the Website or
obtained through the Services. You agree that any damage that may occur to You,
through Your computer system, or as a result of loss of Your data from Your use of
the Website or Services is Your sole responsibility and that the Company is not liable
for any such damage or loss.
19) STRICT NO REFUND POLICY
You agree and acknowledge that by receiving a license to use YMG’s SaaS app and
Digital products that you are not entitled to a refund once you sign up or purchase
any of YMG’s products and service plans. This is due to the difference in nature of a
licensed SaaS digital product versus a non-digital product. The company is not liable
for any refunds that you request once you have purchased one of our services. YMG
upholds a strict “No Refund Policy”.
This applies to all Software Plans, Lead Plans, Appointment Plans and Close Plans
on the YMG website.
YMG does not provide refunds since its product and services incur costs when the
customer downloads a license to use the SaaS app when providing its services to its
customers and therefore cannot supply a refund once purchased. YMG supplies its
service on a “As Is” basis with a “No Liability” Clause in the Service Agreement and
expressly claims that the service can have disruptions and issues, due to the nature
of its SaaS app service and its customers must be aware and accepting of that. So
the customer cannot request a refund after receiving a license to use the app.
YMG reserves the right not to provide a refund based on the fact that their offering is
very clearly advertised on the website and the Client cannot expect a refund based
on a “Change of Heart” once purchased from YMG. This is to prevent a waste ofresources and inconvenience to YMG which is involved in handling the Client prior,
during and after purchasing a service from YMG. If the Client is unsatisfied based on
the Performance or Service expectation, the Client should be understanding that
YMG does not promise any service guarantees on any of its plan apart from the
2023 Guaranteed Bundle plans and therefore should be aware of the service
expectations is delivered on an AS IS Basis.
20) STRICT NO SERVICE GUARANTEE POLICY
The Company is not liable for any service guarantee or guarantees of service. YMG
offers a “Business Development Service” and enables its customers a means and
way of generating Business to Business Leads, Appointments and Sales.
During the term of this Agreement, unless the Client has purchased and signed the
“Guaranteed Bundle Plan(s)” the Client agrees and acknowledges that YMG does
not promise any service guarantees for the Subscriptions and Pay Per Appointment
plans. YMG sets expected rates of performances, based on averages of other similar
client campaigns; however YMG cannot assure it will be guaranteed for the Clients
particular use case. This relates to the amount of prospects contacted, amount of
leads, appointments and close deals generated per month.
YMG does uphold the promise that they will try their best to achieve the best results
possible for the Client’s business.
21) LEAD TIMES
The Company does not uphold any guarantees or specific lead times when it comes
to customer service and campaign creation. Typically we will try to get back to you
within 24-48 hours if you are reaching out for customer support, campaign creation
building campaigns can take up to 5-14 days, depending on the complexity and
amount of campaigns are campaign team have to create.
24) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to You as a result of
Your use of the Website or Services, to the fullest extent permitted by law. The
maximum liability of the Company arising from or relating to this Agreement is limited
to the greater of one hundred ($100) US Dollars or the amount You paid to the
Company in the last six (6) months. This section applies to any and all claims by
You, including, but not limited to, lost profits or revenues, consequential or punitive
damages, negligence, strict liability, fraud, or torts of any kind.
25) GENERAL PROVISIONS
LANGUAGE: All communications made or notices given pursuant to this Agreement
shall be in the English language.JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or
Services, You agree that the laws of England and Wales shall govern any matter or
dispute relating to or arising out of this Agreement, as well as any dispute of any kind
that may arise between You and the Company, with the exception of its conflict of
law provisions. In case any litigation specifically permitted under this Agreement is
initiated, the Parties agree to submit to the personal jurisdiction of England and
Wales. The Parties agree that this choice of law, venue, and jurisdiction provision is
not permissive, but rather mandatory in nature. You hereby waive the right to any
objection of venue, including assertion of the doctrine of forum non conveniens or
similar doctrine.
ARBITRATION: In case of a dispute between the Parties relating to or arising out of
this Agreement, the Parties shall first attempt to resolve the dispute personally and in
good faith. If these personal resolution attempts fail, the Parties shall then submit the
dispute to binding arbitration. The arbitration shall be conducted in the United
Kingdom. The arbitration shall be conducted by a single arbitrator and such arbitrator
shall have no authority to add Parties, vary the provisions of this Agreement, award
punitive damages, or certify a class. The arbitrator shall be bound by applicable and
governing law of the United Kingdom. Each Party shall pay their own costs and fees.
Claims necessitating arbitration under this section include, but are not limited to:
contract claims, tort claims based on local laws, ordinances, statutes or regulations.
Intellectual property claims by the Company will not be subject to arbitration and
may, as an exception to this sub-part, be litigated. The Parties, in agreement with
this sub-part of this Agreement, waive any rights they may have to a jury trial in
regard to arbitral claims.
ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be
assigned, sold, leased or otherwise transferred in whole or part by You. Should this
Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise
transferred by the Company, the rights and liabilities of the Company will bind and
inure to any assignees, administrators, successors and executors.
SEVERABILITY: If any part or sub-part of this Agreement is held invalid or
unenforceable by a court of law or competent arbitrator, the remaining parts and sub
parts will be enforced to the maximum extent possible. In such condition, the
remainder of this Agreement shall continue in full force. NO WAIVER: In the event
that We fail to enforce any provision of this Agreement, this shall not constitute a
waiver of any future enforcement of that provision or of any other provision. Waiver
of any part or sub-part of this Agreement will not constitute a waiver of any other part
or sub-part. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub
parts under this Agreement are for convenience and organization, only. Headings
shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or
joint venture has been created between the Parties as a result of this Agreement. No
Party has any authority to bind the other to third parties.
FORCE MAJEURE: The Company is not liable for any failure to perform due to
causes beyond its reasonable control including, but not limited to, acts of God, acts
of civil authorities, acts of military authorities, riots, embargoes, acts of nature and
natural disasters, and other acts which may be due to unforeseen circumstances.
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are
permitted to both Parties under this Agreement, including e-mail or fax. For any
questions or concerns, please email Us at the following address:
[email protected].
