Terms & Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”,“Provider”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client most appropriately, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services/products, in accordance with and subject to, prevailing Florida Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Privacy Statement:
We are committed to protecting your privacy. Authorized employees within the company are on a need-to-know basis only, when using information collected from individuals. We constantly review our systems and data to ensure the best possible service is given. We will investigate any unauthorized actions against computer systems and data with a view to prosecute and/or take civil proceedings to recover damages against those responsible if deemed beneficial to us.
DISCLAIMER Exclusions and Limitations:
The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
Disclaim all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and Disclaim all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. The above exclusions and limitations apply only to the extent permitted by law.
Agreements, Products or Services Sold or Promised:
UPON RECEIPT OF YOUR PURCHASE, YOUR PURCHASE IS NON-REFUNDABLE, NON-NEGOTIABLE AND NON-TRANSFERABLE. NO EXCEPTIONS. NO REFUNDS, IF THERE ARE ANY PROBLEMS WITH A PURCHASE PLEASE CONTACT US IMMEDIATELY. You agree that we are under no liability whatsoever to you, and that you shall defend, indemnify, save and hold us completely harmless from any and all costs, losses, claims, demands and liabilities, including all reasonable attorney’s fees, as well as any liabilities asserted against us that may arise or result from any service offered, performed, or agreed to be performed, or from any product or service sold by/for you, or any works or materials developed for you, in any way, at any time. All payments are non-refundable. Prices of the Contractor’s Services and/or Products are subject to change without notice. Quotations are conditioned upon acceptance within 30 days unless otherwise stated.
Log Files:
We use IP addresses to analyze trends, administer sites, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Copyright Notice:
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Company. The brand names and specific services of this Company featured on this website are trade-marked.
Waiver:
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated in writing and signed by both Parties.
Notification of Changes:
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. We reserve the right to cancel any order at any time for any reason. You are advised to re-read this statement, these terms, the Privacy Policy or the Business Agreement regularly.
Platform, Software and Program Disclaimer for Social Media and Blogs:
The Company reserves the right to change software, platforms, programs, plugins or services used and purchased to publish content to social media accounts, blogs and/or complete the task, service or request per the Client at any time. Such platforms as Hootsuite, Hopper, Buffer and Buffergram may be used by the Company but the company is not to said platforms or services. Many platforms for social media or blog scheduling have limitations or specifications of their own, some of which entail very hardware-intense adaptations. We do not use or abuse any backdoor setup or hacks, however, it is not our responsibility nor are we to be held at fault or liable should your social media account be suspended or deleted due to the official application itself. We post on social media accounts for our Clients on their behalf with the Client’s authorization and consent only.
Intellectual Property:
Client will retain ownership of any data, information or intellectual property furnished to Provider in connection with an Agreement. Client will own any intellectual property that results from the Services, including without limitation software (in both machine-readable form and in source code form), data, and other information, excluding any intellectual property generated by Provider in performing the Services that relate solely to Provider’s business, which shall be the property of Provider; provided that Client shall have the right to use such Provider intellectual property in accordance with the following license terms:
1. Client may use Provider Intellectual Property solely in connection with the services, for the purpose for which those products were originally purchased.
2. Client may not transfer, sell, or otherwise dispose of any Provider Proprietary Items without the prior written consent of Provider.
3. This license gives no title or ownership rights in Provider Intellectual Property or related intellectual property to Client.
4. If software source code is delivered to Client under this license, Client agrees to keep the source code strictly confidential. Client will not copy or modify the software or subject the software to any process intended to create computer source code from Provider Intellectual Property.
5. Client agrees to retain or reproduce all copies of any Provider Intellectual Property all copyright notices and other proprietary legends and all trademarks or service marks of Provider.
6. Client will have no rights to assign or sell the license granted herein to others.
Payment:
Cash and all major Credit/Debit Cards and Transfers are all acceptable methods of payment. Our Terms are payment in full in advance. “Projects” will be invoiced with an agreed “Proposal,” “SOW,” and/or “Business Agreement.” All goods remain the property of the Company until paid for in full. The company reserves the right to bill interest for outstanding or late payments. Monies that remain outstanding by the due date of the invoice will incur late payment interest, see “Business Agreement” below, until the balance is paid in full and final settlement is made. Company reserves the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the necessary legal action. In such circumstances, the Client shall be liable for any and all administrative and/or court costs and attorney fees.
Agency/Non-Profit Discounts:
We value our esteemed agency and non-profit clients, and as part of our commitment to providing exceptional services, both Agencies and Non-Profits will continue to enjoy the privilege of discounts and a Net-30 payment term on their invoices. We look forward to further enhancing our collaboration with you.
Availability:
The Company does not warrant that the service from this site will be uninterrupted, timely or error-free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Cookies:
Like most interactive websites this Company’s website [or ISP] may use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
Links to this website:
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website:
We do not monitor or review the content of other party’s websites that are linked to this website. Opinions expressed or material appearing on such outside websites are not necessarily shared or endorsed by us and should not be regarded as the opinion of the company. Please be aware that we are not responsible for the privacy practices, or content, of such outside sites. We encourage our users to be aware when they leave our site and to read the privacy statements of such sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
General:
The laws of Florida govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the state courts located in Flagler County, FL. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
Business Agreement
Should Client(s) enter into a Business Contract (hereinafter “Business Contract” or “Agreement”) for the performance of services set forth in a Statement of Work (SOW) by, the Provider, Pineiro Marketing Group, Inc.; they have read and agree to the following terms and conditions with the assumptions that Client and Provider will discuss any changes or concerns with open communication in a professional manner:
SCOPE OF WORK
The work to be performed by Provider shall be as outlined in Provider’s Statements of Work. Provider will exercise its best efforts to complete the Services professionally and diligently, per the schedule and at the price stated in each Statement of Work. Provider shall supply, at Provider’s sole expense, all necessary off-site equipment, tools, materials, and/or supplies, if any, to perform the Services. If Client provides any equipment, tools and/or materials, it will be used exclusively for Client-related projects and it will be returned at the conclusion of the work described in the SOW.
LIMITATION OF LIABILITY
In no event will either party be liable for any SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES.
CONFIDENTIALITY
Provider shall maintain any and all information received from Client in confidence with the same degree of care it holds its own confidential information, only to be used to perform the service(s). Provider will disclose the Information only to its officers and employees directly concerned with the SOW, but will neither disclose the Information to any third party nor use the Information for any other purpose.
PAYMENT
Provider will invoice or charge Client for Services performed per each Statement of Work. Client will pay Provider as outlined in each Statement of Work. It is understood that payments to Provider for services rendered shall be made in full as agreed, without any deductions for taxes of any kind whatsoever, in conformity with Provider’s status as an independent contractor. After 15 days post invoice due date, any outstanding payment(s) or overdue payment(s) are subject to a 5% interest per month, until the balance is made in full and will automatically be added to the open invoice.
TERMINATION FOR BREACH
If either party breaches this Agreement, the other may terminate this Agreement if the breaching party does not cure the breach within thirty (30) days of written notice of same. Termination shall be without prejudice to any rights which may have been accrued to either party before termination.
FORCE MAJEURE
Neither Client nor Provider shall be liable for failure of or delay in performing obligations outlined in an Agreement, and neither shall be deemed in breach of its obligations, if such failure or delay is due to natural disasters or any causes reasonably beyond the control of Client or Provider.
ACCEPTANCE
The Deliverables, as defined in each SOW, shall be deemed accepted by Client upon completion and sign off. Should there be any discrepancies, Client is to advise Provider after Final Project Review and prior to Final Project Sign Off. Upon Final Sign Off of the project, the Deliverables shall be deemed immediately accepted by Client. Should the Client have a monthly or on-going service, Provider is not responsible for “making up” or “supplying” any content that wasn’t submitted by Client during said term or month. Pineiro Marketing Group, Inc. does not offer a roll-over service and is not responsible to make-up missed Client opportunities due to lack of submission or organization by Client.
TERMINATION FOR CONVENIENCE
Client may terminate an Agreement or any Statement of Work without cause by giving 10 days notice to Provider in writing. If Client terminates an Agreement, Client’s only obligation shall be to pay Provider for the Services performed up to the date of termination, at the rate provided, for Time and Material-type Statements of Work, under the applicable SOW. For Fixed-Price type Statements of Work, Client shall be obligated to pay for all completed Deliverables plus any work-in-progress up to the date of termination and no payments made are refundable. Upon termination or expiration of such Agreement, Provider will assemble and turn over in an orderly fashion to authorized representatives of Client all documents, write-ups, notes, and other material related to the Services.