Terms and Conditions of Service
Last updated on Sep 10th 2018
Terms of Service
Welcome to www.leadsfox.com! This Website is owned and operated by Leads Fox OÜ (as defined in Section 1), a Europe based website design and search engine optimization company.
If you find anything in this text that you do not agree with, please stop using this Website immediately.
These Terms of Service comprise:
- General Terms of Service applicable at all Users of the Website
- Specific Terms of Service applicable to Clients as defined in Section 1.
When we say “we”, “us” or “our” we are referring to Leads Fox OÜ
When we say “Website” we mean the website located at www.leadsfox.com.
When we say “Services” we mean services offered at our Website including to Website Development, Content Writing, SEO Optimization, Niche & Keyword Research, Conversion and UX Optimization.
When we say “User” we mean any visitor of the Website.
When we say “Client” we mean any natural person or business with whom we have concluded the Agreement for purchase.
When we say “Asset” we mean any online asset that Client purchases from us.
When we say “Agreement for purchase” we mean Agreement concluded between the User and us whereby we provide Service and/or Asset and the Client pays the price in accordance with the Price.
When we say “Party” or “Parties” we refer to us and/or to the Client.
When we say “Order” we mean the Client’s order for the Services and/or Products as submitted following the step by step process set out on the Website.
When we say “Order confirmation” we mean our email with confirmation of our acceptance of the Order in entirety or in part thereof.
When we say “Price” we mean either price listed in the Price Plan or quotation sent by us to you for a Project.
When we say “Projects” we mean providing any Services (and Asset) to Client in accordance with Client’s specification in request of a custom quote.
2. Electronic Communications
Visiting or sending emails to this Website constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, satisfy any legal requirement that such communications be in writing.
3. Intellectual Property
Unless otherwise indicated in the Agreement, entire Content of the Website (including but not limited to the original source code, website copy, images, graphic elements, design, databases, logo or other signs, domain, trade name and business name, trademarks or service marks, any customized work and other related materials) are protected by our intellectual property rights.
Any unauthorized use of Content and/or any part of it without the permission of the owner of intellectual property rights shall be deemed an infringement of intellectual property rights. We shall take all legal remedies to protect its intellectual property rights immediately upon the knowledge of any unauthorized use.
Any copying of Content or downloading Content in part or in whole is permitted only by written consent from us.
We also reserve all intellectual property rights not expressly granted in this Agreement.
4. Rules for User Content
We provide open communication tools on our website, such as blog comments.
Each User is fully responsible for their content.
We do not control User Content posted via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such User Content.
It is strictly prohibited to place User Content which is:
- Illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity, including our employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with the Rules for User Content. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
5. Links to Third-Party Websites
6. Concluding the Agreement for Purchase
By completing and submitting an electronic Order, User is making an offer to purchase an Asset, if accepted by us, will result in a binding Agreement for purchase. Order confirmation from us confirms that the contract is formed.
You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Agreement for purchase by means of an email with all the necessary information.
If a User sent a request for a Project custom quote, the Agreement for purchase is concluded after User accepts such custom quote.
No variation of the Agreement for purchase, whether about description of the Services, Price or otherwise, can be made after it has been entered into, unless the variation is agreed by us and the Client in writing.
7. Transfer of Title and Intellectual Property Rights
Subject to these Terms of Service we transfer to the Client any and all of our rights, title and interest in and to the Asset and Internet Domain Name (if specified in the Order Confirmation), and all of its respective contents, and any other rights associated with the Product, including, all related domains, logos and all of the related social media accounts including but not limited to, Instagram, Twitter, Facebook, Instagram, and Pinterest.
As for the intellectual property in the Asset (or any part thereof), the Client is granted irrevocable, non-transferable, exclusive license to use such intellectual property for the use of such Asset. However, the Client is not allowed to re-use that Asset or any part thereof (for example design of the website) as a template for other sites without written permission from us.
Granting the license to use intellectual property for other purposes may incur additional charges. You can request permission via contact page.
After Order Confirmation, the Client is obliged to make payment in accordance with price specification sent by us.
A full (100%) payment must be completed and processed in order for us to begin working on the project. Any deadline for the completion of the Project begins the day following the day payment has been made.
Please note that Asset will not be sent (or links to such asset) and we will not commence with the Services until we have authorization from your payment card issuer. We will not be liable if there is a delay, and we will not accept your Order if payment is not authorized.
Fees and charges include VAT at the rate applicable at the time of the Order.
9. Refund Policy
Our Clients can obtain 100% refund when ordering Services or Asset only if we have not already started working on the Project. Any other refund is completely in our discretion.
10. Client Availability, Deadlines and Turnaround Time
While working on a Project, the Client must be available for feedback purposes during the process. If the Client does not respond to our message within 24 hours, expected delivery time may be postponed for another 48 hours without any liability on our side. For any other delay caused by us, the Client will be promptly informed.
11. Website Interaction During Development
Any interaction during development on the Project (adding additional content, tweaking On-Page SEO) may prolong turnaround time and lead to additional charges.
The Client will be given an option to provide feedback on design, content and layout for the first version of the outcome or the Project. Such feedback may not contain any change of order.
The Client can also suggest features to be included, but it is entirely in our discretion to accept or to refuse such modifications. We may charge an additional fee for any custom work that is subsequently required by the Client.
11.1 Approved Work:
In case the outcome of the Project is approved by the Client after the first feedback, the developers and content writers will continue working with the feedback provided. Upon completion the Client is authorized only to suggest revision which entails smaller modifications (such as moving elements, changing color of a button etc), if any.
11.2. Rejected Work:
If the first draft/mockup is rejected by the Client, the Client can suggest changes and the developers will work from there on creating an improved version.
11.3. Intellectual Property Rights in Materials provided by the Client
Client must obtain all the necessary permissions and authorizations in respect of the use of all copy, graphic images, registered company logos, names, and trademarks, or any other content or material that Client supplies to us to include in the Asset.
Client must indemnify us and hold us harmless from any claims or legal actions from any third person making a claim related to the content or material provided by the Client.
12. Limitation of liability
12.1. No incidental loss
To the maximum extent permitted by applicable law, in no event shall Leads Fox OÜ and/or its employees and representatives be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever (including, without limitation, damages for loss of use, data or profits, or business interruption) arising out of or in any way connected:
- with the use or performance of the Asset,
- with the delay or inability to use the Asset.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire our aggregate liability of and sole remedy available to any Client in any case in any way arising out of or relating to the Agreement for purchase or the Service shall be limited to monetary damages that in the aggregate may not exceed the sum of any amount paid to us.
12.2. Force Majeure
Neither Party shall be liable for breaching its obligations due to a circumstance they reasonably could not have foreseen and which is beyond their control, such as, e.g., a force of nature, an act of a legislative or an executive authority, war, civil unrest, act of terror, strike, Internet failure or any other circumstance qualifying as force majeure under the applicable law – to the extent that the respective circumstance prevented or hindered the Party’s performance. For the avoidance of doubt, the provisions of this section:
- (a) are not intended to derogate from, or limit the application of, any statutory limitation or exclusion of liability;
- (b) shall not be construed to limit the amount of, or excuse Client from paying, any fee or other consideration owed hereunder.
12.3. Consequential Loss Policy
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
12.4. Search Engine Performance
Your ranking at Google search depends on multiple factors. We strive to advance your ranking but we cannot offer any guarantees on the level of performance on search engines. Under any circumstances we shall bear any responsibility for failing to meet your expectations. For any penalty, loss in rankings or absence of rankings we can not be held accountable under any circumstances.
13. Non-Disclosure Policy:
Any information Client discloses to us we treat as strictly confidential. We will not at any time disclose any of your confidential information to any third party.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Serbia.
15. Dispute Resolution
Any dispute arising out of this Agreement shall be settled by the competent court in Novi Sad, Serbia.