The Terms and Conditions set forth under this Agreement shall govern the business and relationship between AAce Marketing and its Customers.  For purposes of this Agreement, AAce Marketing shall be referred to as “AAce” or “We”, the Customer shall be referred to as “You” or “Your,” and both parties shall be referred to as the “Parties.”

This Agreement shall govern all services provided by AAce.

The Parties Relationship: 

AACE is performing the Services as an independent contractor, not as an employee, agent, joint venture, or partner of You. 
AACE acknowledges and agrees that its personnel is not eligible for or entitled to receive any compensation, benefits, or other incidents of employment that You makes available to its employees.

Acceptance of Terms: By accessing or using Aace Digital Marketing’s services, you agree to be bound by these Terms and any additional terms incorporated by reference. If you do not agree to these Terms, you may not use our services.

Description of Services: Aace Digital Marketing provides digital marketing services including but not limited to search engine optimization (SEO), pay-per-click advertising (PPC), social media marketing, content marketing, email marketing, and website development.

User Conduct: You agree to use our services only for lawful purposes and in a manner consistent with these Terms and all applicable laws and regulations.

Intellectual Property: All content included in our services, including but not limited to text, graphics, logos, and images, is the property of Aace Digital Marketing or its licensors and is protected by intellectual property laws until You pay Your owed amount then all text, graphics, logos, and images become Your property.

Privacy: We respect your privacy and are committed to protecting your personal information. Our Privacy Policy explains how we collect, use, and disclose your information. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

Payment Terms: Payment for a one-time non-recurring service must be made within 3 days of You signing the agreement (payment can be made in down payments if agreed upon by both parties). For recurring services payments must be within 3 days of signing and the following payments for the agreed upon services must be made every 30 days from the signing date (Ex. contract signed on May 1st the following payment must be made on May 31st.) Failure to pay will result in the termination of our services after a 3-day grace period from the payment due date. After this grace period, Your outstanding balance will incur a 1.5% increase every 2 days until payment is made on Your outstanding balance. (Ex. payment of $1000 is due on May 31st and a grace period of 3 days will leave you until June 3rd to pay after which you will incur a 1.5% increase on the outstanding payment starting June 4th making Your outstanding payment of $1015 then on June 6th your outstanding payment will be $1030 and so on.)

Limitation of Liability: Aace Digital Marketing shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our services.

Indemnification: You agree to indemnify and hold harmless Aace Digital Marketing, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising out of or related to your use of our services or violation of these Terms.

Changes to Terms: Aace Digital Marketing reserves the right to modify or revise these Terms at any time. We will post any changes on our website, and your continued use of our services after such changes constitutes your acceptance of the new Terms.

Governing Law: These Terms shall be governed by and construed under the laws of New York, without regard to its conflict of law provisions.

Labor Warranty: AACE warrants that, for five (5) days from the completion of the Services (the “Warranty Period”). If AACE receives from You written notice of the Services non-conforming with the provisions outlined in this Section during the Warranty Period, AACE will, at its option, re-perform the non-conforming Services. THE PRECEDING STATES YOUR SOLE AND EXCLUSIVE REMEDY FOR WARRANTY CLAIMS RELATED TO LABOR.

Termination by You: You may elect to terminate this Agreement before the end of the term You selected or decide not to renew Your Agreement beyond its term, shall be subject to the following:

• You shall provide AACE a minimum of thirty (30) days advance notice in writing of the election by You to terminate the Agreement (the “Termination Notice”).
• On the thirty-first (31st) day after AACE receives the Termination Notice, all Services provided by AACE under this Agreement shall cease, and AACE shall have no duty, responsibility, or other obligation to provide or continue any of the Services. This date may be referred to as the Termination Date.
• You shall be responsible for and shall pay any fees and other expenses related to or resulting from the Services.

Termination by Us: Aace Marketing may terminate this Agreement before the end of the term You selected or decide not to renew Your Agreement beyond its terms for any reason we find valid.

Currency: Unless otherwise indicated, all dollar amounts referred to in this Agreement are United States Dollars. All amounts owing under this Agreement are in United States Dollars. All amounts denominated in other currencies shall be converted into United States Dollar equivalent amounts per the applicable exchange rate in effect on the date of calculation.

Severability: If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original part. If such construction is impossible, the invalid or unenforceable part will be severed from this Agreement, but the rest will remain in full force and effect.
 

Force Majeure: Neither party will be liable for any failure in performance due to causes beyond that party’s reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber-terrorism), acts of God, and acts or omissions of Internet traffic carriers.