Terms & Conditions

General Conditions of Sale And Specific Conditions

Table of Contents

General Conditions of Sale

Article 1 – Purpose

Article 2 – Digital Marketing Operations

Article 3 – The mandate

Article 4 – No solicitation by the Service Provider team

Article 5 – Rights and obligations of ZIACOMPANY LLC/LeadzKing

Article 6 – Warranties and declarations

Article 7 – Rights and obligations of the Client

Article 8 – Performance of the service

Specific conditions

Article 1 – Purpose

Article 2 – Digital Marketing Operations

Article 3 – The mandate

Article 4 – No canvassing by the Service Provider team

Article 5 – Rights and obligations of ZIACOMPANY LLC/LeadzKing

Article 6 – Warranties and declarations

Article 7 – Rights and obligations of the Client

Article 8 – Performance of the service

General Conditions of Sale – Digital Strategy Management

Article 1 – Purpose

These general conditions govern the contractual relations between the Client and the company ZIACOMPANY LLC/LeadzKing whose head office is located at 5900 Balcones Dr TE 4798, Austin Texas 78731 United States of America, related to the sale of services, the main purpose of which is: the provision and advice in digital marketing, the provision and advice in advertising strategy.

These General Conditions of Sale are available at general conditions of sale section and annexed to any contract concluded between the Client and the company ZIACOMPANY LLC/LeadzKing

The company ZIACOMPANY LLC/LeadzKing reserves the right to modify its general conditions of sale, its formulas and its prices at any time and without notice. These modifications will have no impact on current orders.

The Client using the services of ZIACOMPANY LLC/LeadzKing acknowledges having read and accepted without reservation the general conditions of sale, as well as the warnings in Book XI of the Code of Economic Law concerning copyright and intellectual property laws.

Article 2 – Ordering terms and prices

Sales of services are only complete after establishment of a Contract between the Client and ZIACOMPANY LLC/LeadzKing in accordance with the terms and conditions set out in the terms of said Contract and subject to the first payment by the Client. By this Contract, the Client acknowledges having verified the suitability of the service to his needs and having received from ZIACOMPANY LLC/LeadzKing all the information and advice he needed to subscribe to the Contract with full knowledge of the facts. Any additional service or possible modification desired by the Client will only be taken into account after a mutual agreement between the two Parties, therefore, an additional invoice. The Client’s agreement will also be formalized by a Contract as well as a cash payment.

2.1 – Compliance with payment terms

By collaborating with ZIACOMPANY LLC/LeadzKing, the client agrees to comply with the payment terms as defined in the offer. There are three types of payment terms:

– Flat fee: Fixed monthly fee independent of performance to be paid every month.

– Roas fee: Performance fee consisting of applying a commission on the entire turnover achieved in an identifiable manner online, after deduction of advertising expenses consumed during the current month. Ex: if the client achieved a turnover of $150,000 during the month, the advertising budget invested amounts to $50,000, and the agency’s performance commission is 8%, the following calculation applies: (turnover achieved – advertising budget) * 8%, i.e. ($150,000 – $75,000) = $75,000 * 8% = $6,000.

– Bottomline fee: Performance fee consisting of applying a commission on everything that exceeds the “bottom line”, i.e. the average monthly turnover achieved online in an identifiable manner by the client, during the last three months. Ex: if the client has achieved an average turnover of $75,000/month over the last three months, and thanks to the agency’s performance during the collaboration, the latter achieves a turnover of $150,000, and the performance fees amount to 8% above the bottom line, the following calculation applies: (turnover achieved – bottom line) * 8%, i.e.: ($150,000 – $75,000) = $75,000 * 8% = $6,000 performance fees.

Article 3 – Additional costs

The various elements that may be necessary for the performance of the services of ZIACOMPANY LLC/LeadzKing and that are not part of its offer provided for in the Contract are not included in the prices indicated. These may include possible costs related to advertising expenses, travel expenses or additional supplies such as photo purchases, subscription to an image bank, launching and optimizing online advertising campaigns, subscriptions to SaaS tools or software and any other costs related to the performance of the service. These elements may, at the express request of the Client, be the subject of a specific Contract from ZIACOMPANY LLC/LeadzKing. Payment of these costs will be made directly by the Client unless otherwise indicated in the Contract. The services of ZIACOMPANY LLC/LeadzKing, as defined above, are subject to payment.

These services are composed as follows: technical costs for installing and configuring advertising campaigns, monthly management costs for optimization, monitoring of advertising campaigns, analysis and monthly reporting. The technical installation and configuration costs will be indicated when ordering. The monthly management costs are billed as a flat rate or as a percentage of the managed budget. They are due in full regardless of the degree of achievement of the objectives and the means implemented. Any incidental costs incurred by ZIACOMPANY LLC/LeadzKing during the execution of its mission will be reimbursed by the Client: travel expenses, accommodation costs, connection costs (couriers, express transport, etc.) and all other costs related to the activity.

At the Client’s request, ZIACOMPANY LLC/LeadzKing will provide the relevant supporting documents. The termination indemnity equivalent to one month of service in the event of non-compliance with the notice period corresponds to the amount paid the month preceding the month in which the Client terminates the collaboration without respecting the notice period.

This indemnity is due to cover all configuration services and technical installation costs.

Article 4 – No canvassing by the Service Provider team

By signing the contract, the Client undertakes not to solicit or directly recruit the Service Provider’s staff. Any violation of this provision will automatically result in an obligation to pay damages of up to $50,000.

Article 5 – Commitment and responsibility of the parties

In general, the Client and ZIACOMPANY LLC/LeadzKing undertake to collaborate actively to ensure the proper execution of the Contract. Each Party undertakes to communicate any difficulties of which it becomes aware as the project progresses, to enable the other Party to take the necessary measures. If the Client refuses to provide the elements requested by ZIACOMPANY LLC/LeadzKing with a view to a smooth collaboration, it will not be able to hold it against it and will be held solely responsible. The obligations of the Contract are indivisible and joint and several with respect to the Client, its heirs or its beneficiaries, in any capacity whatsoever.

5.1 – The Client

The Client agrees to provide accurate and truthful information and agrees to notify ZIACOMPANY LLC/LeadzKing of any changes to the data provided and will be solely responsible for any malfunctions that may result from incorrect information. The Client must maintain a valid email address and postal address. Any change in the Client’s contact information must be sent to ZIACOMPANY LLC/LeadzKing without delay.

The Client undertakes to use the services and benefits of ZIACOMPANY LLC/LeadzKing in compliance with the laws applicable in Belgium and abroad, as well as with the practices in force on the Internet. Thus, the Client undertakes to comply, in particular, but not exclusively, with the rules of the various advertising platforms used (Google, Facebook, LinkedIn), intellectual property, trademark law and patent law, the protection of minors, the laws governing audiovisual communication services, the processing of personal data, respect for the human person, electronic commerce and advertising.

The Client may not store or distribute data of any nature that may constitute an infringement of the rights of a third party or an infringement of any law in force. In addition, it is the sole responsibility of the Client to ensure that the communication requests that it addresses to ZIACOMPANY LLC/LeadzKing are legal on the intended media. For content provided by the Client (texts, documents to download, images/photos, videos), the latter must take charge of and ensure that any authorizations relating to copyright or related rights that arise therefrom are obtained.

The information disseminated on the Internet by the Client after being posted online is done so under his sole and exclusive responsibility. The Client undertakes not to store or disseminate any data whatsoever related to the denial of crimes against humanity, incitement to racial hatred, child pornography, xenophobia and information of a controversial nature. The Client undertakes not to communicate to any person outside his company the written or oral information, technical interventions or know-how of the company ZIACOMPANY LLC/LeadzKing without prior agreement.

The Client undertakes to inform its staff of the confidential nature of the information communicated by ZIACOMPANY LLC/LeadzKing. Finally, the Client shall refrain from any use of ZIACOMPANY LLC/LeadzKing’s skills for the purposes of hacking, denial of service, attack, phishing, sending unsolicited e-mail, sending viruses or any other illegal activity, as defined by law or case law.

In the event of non-compliance with any of these clauses, ZIACOMPANY LLC/LeadzKing reserves the right, without any compensation and without notice, to refer the matter to the competent authorities and to terminate the contractual relationship, seeking damages, without prejudice to any other common law action that may be taken by ZIACOMPANY LLC/LeadzKing. The Client guarantees ZIACOMPANY LLC/LeadzKing against all financial and legal consequences that may result from the Client’s civil or criminal liability arising from the presentation and content of any data stored or distributed by the Client, with regard to legislation worldwide. The Client declares that he/she is fully informed of the relative reliability of the Internet network, particularly in terms of relative security in data transmission, non-guaranteed continuity in access to the service, and non-guaranteed performance in terms of volume and speed of data transmission.

5.2 – The company ZIACOMPANY LLC/LeadzKing

ZIACOMPANY LLC/LeadzKing undertakes to carry out the mission entrusted under the Contract, in accordance with the rules of the art and in the best manner. Like any act of communication or marketing, the recommendations and messages made by ZIACOMPANY LLC/LeadzKing are intended to promote an activity to a target, not to guarantee a subsequent turnover. Consequently, ZIACOMPANY LLC/LeadzKing will be required to respect an obligation of means and not of result subject to the conditions as provided for in article 4 of the Specific Conditions.

ZIACOMPANY LLC/LeadzKing reserves the right, without notice or compensation, to subcontract all or part of the services and benefits to a third party. ZIACOMPANY LLC/LeadzKing undertakes to respect the confidentiality of the Client’s data, the means implemented for the Client and the information that the Client has transmitted to it as provided for in Article 3 of the Contract.

5.3 – Responsibilities

Except in cases of serious misconduct whose origin is directly attributable to it, ZIACOMPANY LLC/LeadzKing cannot be held liable for any direct or indirect damage caused by the services provided.

ZIACOMPANY LLC/LeadzKing declines all liability in the event of blocking or hacking of the advertising account or website, harassment, bad comments on advertisements. The client remains responsible for his brand and the information and resources that he makes available to ZIACOMPANY LLC/LeadzKing.

In the event of hacking of the advertising account or credit card, ZIACOMPANY LLC/LeadzKing declines all responsibility. Hacking is an inherent risk in the provision of services such as online advertising. ZIACOMPANY LLC/LeadzKing shall in no way be held responsible for such a situation generating possible costs for the Client.

ZIACOMPANY LLC/LeadzKing declines all responsibility if its advice is not followed and the Client requests an increase in the advertising budget over a short period of time in order to influence, for example, the registration rate for a webinar or the conversion rate upwards.

A drastic increase in the advertising budget may influence the platform’s algorithm. This request made by the Client cannot then be blamed on ZIACOMPANY LLC/LeadzKing. Under no circumstances can ZIACOMPANY LLC/LeadzKing be held responsible for an advertising expenditure greater than that initially expected to manage the Client’s advertising account. ZIACOMPANY LLC/LeadzKing declines all responsibility for an unforeseeable expenditure. ZIACOMPANY LLC/LeadzKing is only bound by an obligation of means subject to the conditions and guarantees provided for in the Contract.

Article 6: Warranties and Representations

At the end of the 120-day Contract, the Provider and the Client will take stock to discuss in a transparent manner the results achieved. The Provider undertakes to offer a guarantee of results tending to generate a turnover corresponding to twice the amount invested solely in the Program (excluding advertising budget or any other additional costs).

Without the Client achieving double its investment, the Service Provider undertakes to support the Client free of charge on this same program on the same tunnel until the result mentioned above is achieved.

This clause is only applicable if the following cumulative conditions are met:

6.1. Conditions for Community Skool and Social Funnel:

6.1.2

The Client agrees to carry out 20 outreaches per day according to the method taught within the Program and the recommendations of the Service Provider.

6.1.3

The Client undertakes to publish daily 1 high added value content on the networks according to the method taught within the Program and the recommendations of the Service Provider.

6.1.4

The Provider has the full and complete ability to manage the account autonomously, based on its expertise, and without the intervention or suggestions of the Client. The Client undertakes to fully follow the Provider’s recommendations in terms of marketing strategy and advice on sales techniques, the creation of visuals and advertising videos.

6.1.5

The Client agrees to invest a minimum amount of 50 euros per day in advertising, on average, during the 3 months of marketing management.

The Customer may request the application of this guarantee only if all of the above-mentioned conditions are met cumulatively.

6.2 Conditions for VSL tunnel:

6.2.1

The Client agrees to carry out 20 outreaches per day according to the method taught within the Program and the recommendations of the Service Provider.

6.2.3

The Client undertakes to publish daily 1 high added value content on the networks according to the method taught within the Program and the recommendations of the Service Provider.

6.2.4

6.2.5

The Client agrees to invest a minimum amount of 100 euros per day in advertising, on average, during the 3 months of marketing management.

6.2.6

For the guarantee to apply, the Customer undertakes to prove that they have followed the Service Provider’s recommendations to the letter via video and by sending a screenshot to transmit the requested information on first request. The Customer undertakes to give the Service Provider access to its advertising manager as well as its CRM so that the Service Provider can verify the reality of the collection of the amount generated by the Customer. In the event that the Customer benefits from payment facilities, the Customer undertakes to make the payment on the day the invoice is sent, therefore without late payment, failing which, it accepts that the guarantee will not be acquired on this simple basis.

The Customer may request the application of this guarantee only if all of the above-mentioned conditions are met cumulatively.

6.3. Similarly, if the Customer agrees to respect the communication deadlines of 24 hours, failing which the guarantee does not apply.

6.4. The client purely and simply waives the warranty clause if it withdraws access to any tool allowing the service provider to carry out its work from the Service Provider, who cannot be required to transmit and present information that it no longer has (impossibility for the Service Provider to verify the turnover generated, or the performances, or the advertising budget spent, etc.)

Article 7 – Validation of deliverables

7.1 – Deliverables

The Client will not have to validate all the contents or the steps necessary for the completion of the project.

7.2 – Reference persons

To do this, the Client agrees to give a mandate and full power of validation to the people on its team who communicate with ZIACOMPANY LLC/LeadzKing.

In this regard, ZIACOMPANY LLC/LeadzKing considers that the person with whom it communicates weekly is the Client’s principal and has full power to make strategic decisions and enter into contracts.

ZIACOMPANY LLC/LeadzKing cannot be held responsible for any delay or decision made by a member of the Client’s team.

Article 8 – Right of publicity

The Client accepts that ZIACOMPANY LLC/LeadzKing may use and assert, as “client references”, the work it has carried out for the Client as part of its mission in the documents and tools presenting its activity such as its commercial documents, brochures, website, as well as during events and trade fairs in which it participates. These conditions are valid unless the Client expressly requests otherwise to this effect.

Article 9 – Disputes and complaints

The Customer may make complaints about the service provided under the performance of this service. Any complaint or dispute on the part of the Customer must be brought to the attention of ZIACOMPANY LLC/LeadzKing no later than 7 days after the event giving rise to the complaint, otherwise the Customer will be forfeited. In the event of dissatisfaction on the part of the Customer, the Customer will contact ZIACOMPANY LLC/LeadzKing on Slack and by email so that an amicable solution can be sought.

Article 10 – Force Majeure

ZIACOMPANY LLC/LeadzKing shall not be held liable for a deadline not met due to force majeure, such as in particular in the event of illness, accident, death, fire, water damage, flooding, earthquakes, theft of equipment, attack, accident, war or civil war, nuclear incident or any other fact or circumstance having an external cause or attributable to a third party, which cannot be avoided, preventing ZIACOMPANY LLC/LeadzKing from meeting its obligations.

In this case, the execution of the Contract will be suspended for a period equal to that of the force majeure. If the force majeure event lasts more than two months, each party may terminate the contract without being liable for any damages, provided that it informs the other party in writing on Slack and by e-mail to the address contact@leadzking.com as soon as possible.

Article 11 – Incapacity for work and absence

11.1 – Absences and leave

ZIACOMPANY LLC/LeadzKing will notify the Client in writing of any absence or leave that may impact the performance of the service ordered by the Client.

11.2 – Incapacity for work

In the event of incapacity to work, due to illness or accident, ZIACOMPANY LLC/LeadzKing reserves the right to modify the current schedule without the Client being able to demand the payment of compensation.

It is accepted that ZIACOMPANY LLC/LeadzKing must notify the Client from the first working day of its incapacity.

Article 12 – Intellectual property and exploitation rights

ZIACOMPANY LLC/LeadzKing grants to Client, and Client accepts, an unlimited, unrestricted, royalty-free, fully paid-up, worldwide, non-exclusive right and license to the Work Product and all proprietary rights therein or based thereon. ZIACOMPANY LLC/LeadzKing shall cooperate with Client or its representatives and execute all documents prepared by Client to effect the foregoing.

This execution will not give rise to any additional remuneration for ZIACOMPANY LLC/LeadzKing, provided however that the Client reimburses ZIACOMPANY LLC/LeadzKing for reasonable expenses incurred.

As part of the support and in the months that follow, the Client may be requested by ZIACOMPANY LLC/LeadzKing to produce or participate in the production of videos, photographs, customer testimonials, case studies, interviews or other media involving the Client’s image.

To this end, the Client acknowledges that he/she is freely participating in these achievements and that he/she is informed that these media are intended for promotional purposes for the support or services of the company ZIACOMPANY LLC/LeadzKing in general.

The Client acknowledges authorizing the Service Provider to freely reproduce and exploit his/her image, as long as it is neither defamatory nor misleading, in all countries of the world and for an unlimited period.

This exploitation is valid on all tangible and intangible media, in all formats known or unknown to date, and in particular, without this list being exhaustive: websites, YouTube channel, Podcast, Blogs, social networks, paper media, etc.

This authorization includes the possibility for ZIACOMPANY LLC/LeadzKing to make any modifications, adaptations or deletions to the Client’s image that it deems useful to preserve confidentiality if the Client expressly requests it.

That being said, ZIACOMPANY LLC/LeadzKing agrees that the product of its work and the results obtained may be disseminated as part of statistical sharing or for case study purposes.

If the Client does not wish to disclose its identity or that of its program, products, etc., ZIACOMPANY LLC/LeadzKing will only ensure that the statistical data that is the result of its work is disseminated.

The client has the option of refusing the sharing of statistical data and will indicate this refusal by Slack and by email to the email address contact@digital-brothers.co

Glossary:

Online advertising campaigns: refers to any action aimed at promoting a product, service (economy), brand or organization to a group of Internet users and/or mobile users, through the use of advertising platforms such as Google Ads, Facebook Ads, Pinterest Ads, TikTok Ads, LinkedIn Ads, Snapchat Ads for remuneration.

SaaS software: a so-called SaaS solution (“Software as a Service”) is an application software solution hosted in the cloud and operated outside the organization or company by a third party, also called a service provider.

The SaaS solution is accessible on demand via an Internet connection. The use of the solution is generally billed in the form of a monthly subscription, depending on the number of users. The latter is all-inclusive and covers all the services subscribed to by the customer. This SaaS software management model allows you to automatically benefit from updates and new versions of the software.

Specific conditions for Digital Marketing services

Table of contents

Article 1 – Purpose

Article 2 – Digital Marketing operations

Article 3 – The mandate

Article 4 – Rights and obligations of ZIACOMPANY LLC/LeadzKing

Article 5 – Rights and obligations of the Client

Article 6 – Performance of the service

Article 1 – Purpose

These Specific Conditions apply, without restriction or reservation, to all Contracts and digital marketing or consulting services sold by ZIACOMPANY LLC/LeadzKing. The purpose of these Specific Conditions is to govern the conditions under which the Client gives ZIACOMPANY LLC/LeadzKing a mandate to act in its name and on its behalf with advertising service providers and advertising agencies on the Internet or under which the Client requests a service from ZIACOMPANY LLC/LeadzKing.

These Specific Conditions supplement the General Conditions of Sale of ZIACOMPANY LLC/LeadzKing and are available at https://www.godigitalbrothers.com/cgv-scale-ads-media ( section “specific conditions”) and annexed to any Contract concluded between the Client and ZIACOMPANY LLC/LeadzKing.

Article 2 – Digital Marketing Operations

2.1 – Digital Marketing Operations

Digital marketing operations include: natural referencing actions (SEO), advertising referencing (SEA), social media optimization (SMO), social advertising, affiliation, emailing, native ads, co-registration, diffusion on marketplaces, diffusion on comparators, Content Marketing, Brand Content, Inbound Marketing, Marketing Automation and any other marketing and digital solution. Marketing and digital operations can also be extended to the following areas: creation of websites and landing pages, statistical analyses known as Web Analytics, optimization of customer journeys and conversions (CRO), AB-Testing.

Advertisements and advertisements will be broadcast on behalf of the Client.

Marketing and digital operations generally consist, except in special cases, of investing a budget allocated by the Client, over a given period, on a medium or a set of media to achieve the objectives.

The budget, period, media and objectives are defined by ZIACOMPANY LLC/LeadzKing, in agreement with the Client. ZIACOMPANY LLC/LeadzKing undertakes to respect the budget and period, and within this limit, to make every effort to achieve the objectives. The deployment of resources is at the discretion of ZIACOMPANY LLC/LeadzKing over the agreed period.

2.2 – Introduction, analysis and implementation of the campaign

ZIACOMPANY LLC/LeadzKing will undertake an assessment of the Client’s website and may provide recommendations for improving the page(s) dedicated to the advertising campaign. ZIACOMPANY LLC/LeadzKing will conduct an analysis of the Client’s advertising account history (if available). ZIACOMPANY LLC/LeadzKing, in collaboration with the Client, will determine initial expectations and campaign objectives.

ZIACOMPANY LLC/LeadzKing will undertake research and select keywords, targets and optimizations that are appropriate for the Client’s objectives.

2.3 – Account Management and Monitoring

ZIACOMPANY LLC/LeadzKing will monitor offers and positioning in order to obtain the expected results. ZIACOMPANY LLC/LeadzKing

will submit a regular report to the Client, which will allow it to know in particular: the number of impressions of its ads, the number of clicks made on the ads, the total cost of clicks for the campaign, the number of conversions and the costs per conversion.

Article 3 – The mandate

By accepting the Specific Conditions, in accordance with the law of January 29, 1993, article 1984 of the Civil Code, the Client gives a mandate to ZIACOMPANY LLC/LeadzKing to carry out on its behalf with its partners, the purchase or reservation of advertising campaigns. This mandate is established for a predefined period with the Client on the Contract and in this case the media will be informed of any modification or termination of the mandate. The Client entrusts ZIACOMPANY LLC/LeadzKing with the mandate to purchase or reserve advertising spaces on its behalf with advertising service providers for a monthly budget that it defines and modifies whenever it wishes by simple Slack message to ZIACOMPANY LLC/LeadzKing. The Client expressly acknowledges that the approval of proposals from service providers and advertising agencies or the setting of advertising auction prices in its name and on its behalf by ZIACOMPANY LLC/LeadzKing, engages the Client’s liability.

The latter will directly pay the invoices to the advertising service providers or the relevant agencies. The Client expressly acknowledges that ZIACOMPANY LLC/LeadzKing acts on its behalf as an agent.

ZIACOMPANY LLC/LeadzKing is not jointly and severally liable with the Client for the payment of the purchase of space due to its legal status as an agent or for the amount to be paid in the event of hacking of the advertising account. ZIACOMPANY LLC/LeadzKing reserves the right to refuse a service request without having to justify the reasons for its choice. The Client undertakes to set up a management delegation for the benefit of ZIACOMPANY LLC/LeadzKing for the accounts of each Internet advertising service provider necessary for the proper execution of the mandate. This includes in particular, but is not limited to, the Google Ads, Bing Ads, TikTok Ads accounts and the Client’s Facebook, Facebook Ads and Facebook Manager advertising account.

In the event that the Client does not carry out these delegations, ZIACOMPANY LLC/LeadzKing would not be required to perform the services. The Client may suspend the delegations set up for the benefit of ZIACOMPANY LLC/LeadzKing at any time, without this calling into question the invoicing terms provided for in the Contract and in the General Conditions of Sale. In the event that the Client suspends one of the delegations set up, it undertakes to notify ZIACOMPANY LLC/LeadzKing by Slack or email to the address Contact@Leadzking.com

The keyword purchase campaign matrices as well as the targeting and budget optimizations carried out by ZIACOMPANY LLC/LeadzKing are and remain its exclusive property.

Article 4 – Rights and obligations of ZIACOMPANY LLC/LeadzKing

ZIACOMPANY LLC/LeadzKing undertakes to advise the Client to best meet its needs.

In the event that the Client’s needs change during the performance of the service, ZIACOMPANY LLC/LeadzKing reserves the right to send it a contractual and financial amendment in addition to the Contract for the purpose of regularization.

If it is refused, ZIACOMPANY LLC/LeadzKing will simply carry out the service as initially agreed by the Parties under the terms of the Contract. The analysis tools and calculation methods used to measure the performance of the actions implemented are determined by ZIACOMPANY LLC/LeadzKing.

ZIACOMPANY LLC/LeadzKing shall not be held liable for any material or immaterial damage, whatever the cause, except in the event of gross negligence in the performance of its obligation of means.

In accordance with the rules of the art, ZIACOMPANY LLC/LeadzKing shall implement all means to achieve the objectives as defined in the support process, which shall be recorded in the same way as all strategic meetings, in compliance with the constraints set.

ZIACOMPANY LLC/LeadzKing shall not be liable if the objectives are not achieved with the means provided.

Neither party shall be liable in the event of economic loss (loss of income, loss of profits, contracts) or loss of customers or reputation.

Article 5 – Rights and obligations of the Client

5.1 – Rights and obligations

ZIACOMPANY LLC/LeadzKing asks the Client for all its help to define its needs and wishes in detail, so that all the issues raised are shared by all stakeholders.

The Client undertakes not to contest the analysis tools and calculation methods used by ZIACOMPANY LLC/LeadzKing to measure the performance of the actions implemented.

The Client undertakes not to carry out any marketing and digital actions other than those entrusted to ZIACOMPANY LLC/LeadzKing without first referring to it. The Client is solely responsible for the information (texts, images, etc.) published on the media created by ZIACOMPANY LLC/LeadzKing and for any failure to fulfill its obligations.

ZIACOMPANY LLC/LeadzKing cannot therefore be held liable in this respect. With regard to third parties, the Client will make any claim his own. ZIACOMPANY LLC/LeadzKing is bound by an obligation of means and in no case of results. More specifically, the Client acknowledges and certifies that the dissemination of advertisements may depend on several factors beyond the control of ZIACOMPANY LLC/LeadzKing. ZIACOMPANY LLC/LeadzKing is not responsible for changes in the size/format of the Client’s advertisements, as they are subject to changes beyond the control of ZIACOMPANY LLC/LeadzKing.

The Client shall grant ZIACOMPANY LLC/LeadzKing access to the administration of its advertising accounts and grant ZIACOMPANY LLC/LeadzKing the exclusive privilege of administration. The

Client undertakes to send exclusively to ZIACOMPANY LLC/LeadzKing the information received concerning the current advertising campaigns.

ZIACOMPANY LLC/LeadzKing shall not be held liable for any changes made to a campaign by the Client or third parties that could negatively affect the results of said campaign.

If the Client or any other person makes changes to a campaign without the knowledge or approval of ZIACOMPANY LLC/LeadzKing, this could have a negative effect on the results of said campaign.

If the Client cuts off ZIACOMPANY LLC/LeadzKing’s access to the platform used to verify the identity of the person who made the last changes to the advertising account, there will be an irrefutable presumption of liability on the part of the Client and ZIACOMPANY LLC/LeadzKing shall not be held liable.

ZIACOMPANY LLC/LeadzKing declines all liability and damages may be claimed by the latter. The Client undertakes not to perform or allow a third party to perform the following acts: generate fraudulent or incorrect impressions or clicks on any advertisement of the Client or a third party, by any means whatsoever, in particular technical, infringe the rights of third parties in any way whatsoever, in particular by asking the Client to use a trade name, domain name or trademark of a third party in advertising messages, unless the content of this site is relevant, formulate instructions to the campaign manager which would result in broadcasting, on the same results page, several advertisements leading to the same site or to similar sites.

The Client may not contact another company during the term of the Contract for the same services.

5.2 – Specific rights and obligations

In the case of advertisements on the Google search engine or its partners or on Facebook or its partners, the Client submits to the obligations of Google, Facebook and agrees to be bound by the requirements of Google/Facebook advertising: https://support.google.com/adwordspolicy as well as the requirements of Facebook advertising: https://www.facebook.com/policies/ads/ , TikTok: https://ads.tiktok.com/help/article?aid=9552 , Snapchat Ads: https://snap.com/fr-FR/ad-policies , Pinterest Ads: https://policy.pinterest.com/en/advertising-guidelines , LinkedIn Ads: https://www.linkedin.com/help/linkedin/answer/a414962/advertising-guidelines?lang=en

The Client remains responsible for its content and ZIACOMPANY LLC/LeadzKing cannot be held responsible in the event of blocking or suspension of an account on one of the platforms.

If any blocking occurs, the service will be paused according to the conditions set out in the Contract. ZIACOMPANY LLC/LeadzKing will do what is necessary to broadcast the advertisements on Google and/or Facebook. However, ZIACOMPANY LLC/LeadzKing does not guarantee: the broadcast, display or effective positioning of the advertisements as well as the broadcast time of any advertisement, the number of impressions, broadcasts, conversions or clicks of any advertisement, whether it is broadcast on a Partner Support, on a Google/Facebook Support or on all or part of Google’s content pages.

5.3 – Compliance with payment terms

The customer agrees to respect the payment terms and to pay the amount due defined by the offer chosen and mentioned in the contract.

Article 6 – Performance of the service

6.1 – Launch

The mission entrusted by the Client to ZIACOMPANY LLC/LeadzKing begins upon signing the Contract and the execution of the terms and conditions set out therein, in addition to the payment of the corresponding amount.

The completion times are provided for information purposes only in the Contract signed by the Client: they are only indicative and do not in any way engage the liability of ZIACOMPANY LLC/LeadzKing.

6.2 – Progress

As the implementation actions are carried out, ZIACOMPANY LLC/LeadzKing will inform the Client.

At a frequency agreed with the Client, ZIACOMPANY LLC/LeadzKing will send a detailed report of the actions carried out.

For advertising account management services, ZIACOMPANY LLC/LeadzKing will send a report to the Client at a frequency agreed with the Client when ordering.

The Client will be able to view the progress of their advertising campaign on their advertising account, to which they retain access.

GLOSSARY:

Landing Pages: The landing page, also called landing page or destination page, refers to the page on which an Internet user arrives after clicking on a link (commercial link, email link, link linked to an advertising banner, etc.).

Statistical analyses called Web Analytics: The measurement, collection, analysis and reporting of Internet data allowing to understand and optimize web usage.

Customer Journey and Conversion Optimization (CRO): Conversion Rate Optimization refers to a set of techniques that aim to optimize the rate at which visitors are converted into prospects and then into customers.

AB-Testing: AB testing is a scientific method for comparing two versions of a web page – A and B – and identifying which one performs better.

Onboarding process: Client support procedure offered by ZIACOMPANY LLC/LeadzKing, consisting of sending all the information necessary for the execution of the Service.

QUESTIONS? Contact us at Contact@Leadzking.com

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