Terms of Service
USER AGREEMENT
Last Updated October 07, 2021
This User Agreement (the “Agreement”) outlines the terms and conditions of the relationship between Picasso Marketing, Inc (hereinafter referred to as “Picassomarketing.com, Picasso Marketing”, the “Company”, “we”, “us,” or “our”) and you (“you”, “your”, the “Customer,” the Client). Picasso Marketing provides marketing and advertising services that can be purchased online (the “Services”) for the Customer.
The Services we provide are generally described on the various pages of our website, which can be accessed at http://www.picassomarketing.com. We may change the description or content of our Services and/or the user agreement at any time.
Picasso Marketing does not guarantee or warrant that our SEO services will push our client’s websites to the top of google’s search pages. Google is a third party, which has its own guidelines that can change at any time. We have no control over their technology, but we will use white hat techniques to move your website listing as high as possible according to your current website ranking and the services purchased and requested by the client.
By signing a client contract agreement and or “using,” our services, “retaining” Picasso Marketing for as a marketing agency, you agree to these Terms of Service automatically.
SERVICES RENDERED
You authorize us to manage and render services on behalf of your company; services may include, but are not limited to SEO, SEM, Affiliate Marketing, Branding, Email Marketing, SMS Text Marketing, Surveys, Whiteboard Explainers, Influencer Marketing, Web Design, Content Writing, SalesForce Administration/Development, Talent Management, Brand Deals, Notary Public Service, and Press Releases.
If the Services rendered for you require that we collect information from you, then you agree to provide the information required by us, in order to provide you services. You authorize us to use your information to create content on your behalf that Picasso Marketing will disseminate online. You authorize us to use the information you provide to create and publish web content. You grant us the right to publish any or all of the content you provide on any websites we deem fit for the purposes of the Services rendered. You authorize us to modify any content as we see fit to provide our services. You warrant that you have the right to distribute the content you provide us, and to indemnify us against any damages arising from the use of the content you provide, whether due to copyright infringement or other reasons. You authorize us to act on your behalf in creating accounts on other sites in your name. In addition to the general release, below, you specifically release and hold us harmless for all damages caused as a result of the Services rendered by us, including any damages resulting from the publication of the content you provide us, disclosure of your relationship with Picasso Marketing or any other cause.
In connection with the Services, Picasso Marketing may collect additional information about you (for example, known usernames/screen names, addresses, trademark images, etc.). You represent and warrant that all information you provide in connection with Picasso Marketing Services is correct and accurate to the best of your knowledge.
You agree to release and hold harmless Picasso Marketing from any loss or damage caused to you resulting from inaccurate or false representations of information. Further, you agree to indemnify Picasso Marketing against any loss or damage caused to Picasso Marketing resulting from fraudulent or malicious representations of information made to Picasso Marketing.
PAYMENT FOR SERVICES AND TERM OF SERVICES
The pricing and terms of our services shall be governed by the terms contained in each contract for each service entered into between the client and Picasso Marketing. In the event that any payment to Picasso Marketing is more than thirty (30) days past due, all services will cease until payment is made. In the event that Picasso Marketing initiates legal proceedings to enforce any terms of these Terms and Conditions, including legal proceedings to collect payments due to Picasso Marketing, then Picasso Marketing shall be entitled to recover as damages all costs, including collection costs and reasonable attorney’s fees incurred in connection with said legal proceeding.
Any request to pause or cancel a campaign will take up to three (3) days to process. Any request to pause or cancel a campaign that is submitted within three (3) days of the start of a new billing cycle will not become effective until the following billing cycle. All requests to pause or cancel a campaign shall be submitted via e-mail and sent to cancel@picassomarketing.com
The Client understands and agrees they are responsible for any payments, fees associated with continuous services with any of Picasso Marketing’s monthly services, third-party domains, hosting accounts, Influencer Marketing campaigns, search marketing campaigns, or other paid services. If Picasso Marketing acquires a domain or hosting account on the client’s behalf, it will be set up for 1 year of service with the hosting company of the client’s choice, which the client is responsible for any future payments due to the hosting company to maintain their requested services. Picasso Marketing will not be responsible for paying any fees after the initial setup of the clients’ domains, SSL, RAM, Emails, Hosting services. Picasso Marketing will not be responsible to pay any fees associated with any search engine marketing campaigns. The client understands and agrees, search engine campaigns known as SEM/PPC, requires the client to maintain a budget that Picasso Marketing will manage on the client’s behalf, this is in addition to the fee paid to Picasso Marketing to manage the client’s campaigns. The client agrees not to hold Picasso Marketing responsible for any interruption of SEM/PPC campaigns due to the client’s failure to keep money in their accounts. This also applies to Picasso Marketing managing the clients’ affiliate program.
The client understands and agrees services will not begin until Picasso Marketing has received the agreed retainer fee agreed to in the contract of service agreement. Service will begin after all onboarding has been completed, tools and any login credentials have been provided to Picasso Marketing to start your service. We will determine an official start or launch date of your services during your onboarding meeting with us. Onboarding meetings can take place via phone or online meeting software tools such as Google Meet, Zoom, etc.
POSSESSION AND OWNERSHIP OF CONTENT
In fulfilling its services for Clients, Picasso Marketing will create online/internet web-based content. Any and all online material/content created or backlinked to by Picasso Marketing shall be deemed and hereinafter referred to as the “assets.” The assets that Picasso Marketing creates shall remain the possession of Picasso Marketing. The client’s existing assets or previously existing web content that is backlinked to Picasso Marketing shall remain the property of the Client or the third party owner. Picasso Marketing shall bear no responsibility for transferring the “assets” created in connection with a Client’s campaign to a server directed by a Client. The specific domain names which Picasso Marketing creates and/or uses for online/internet content regarding a Customer can be transferred to a Customer upon the customer’s request if the Customer has opened an account with “godaddy.com, network solutions or any other hosting company we may use.” Likewise, the Client may use any of the content or copy existing on any of the websites created by Picasso Marketing for that Client as they see fit, but the underlying “assets” created by Picasso Marketing for the implementation of the web content will not be transferred to the Customer, as explained above. By accepting these terms and conditions, you give us permission to use logos and or trademarked images, public documents on our website solely for the purpose of listing our clientele, we reserve the right to use or not to use any images provided to us by you the Client to solely advertise our clients on our website or brochures or emails or press release announcing we are providing services for your business – with your consent. We will not use any proprietary or private information about your business on our website.
LIMITATIONS ON USE OF SERVICES
Picasso Marketing does not allow its service to be used for illegal activities, nor activities that Picasso Marketing deems improper for any reason whatsoever in its sole judgment. Picasso Marketing reserves the right to take preventive or corrective actions to protect itself and its customers, clients, subscribers, and users. We reserve the right to refuse service to anyone or to refuse to perform any type of service, at any time. Malicious or fraudulent use of the Services is absolutely forbidden.
Picasso Marketing may notify the Client at any time that the Client’s use of Picasso Marketing’s service violates Picasso Marketing’s judgment as to what constitutes acceptable use of the services. Upon Picasso Marketing discovery that Clients’ use of the service violates Picasso Marketing’s opinion as to what constitutes acceptable use of the Services, Picasso Marketing will notify the Client of the use which violates Picasso Marketing’s judgment and reserves the right to cancel any existing agreement for services with the Client and shall bear no responsibility to return to Client any fees paid to Picasso Marketing thereunder.
Users of Picasso Marketing must truthfully and accurately represent their identities in subscribing and using the Company’s Services. You represent and warrant that you are truthfully representing your identity, and agree to release and hold harmless Picasso Marketing for any loss or damage to you resulting from a false or inaccurate representation of identity. Further, you agree to indemnify Picasso Marketing against any loss or damage caused to Picasso Marketing resulting from fraudulent or malicious representations of identity made to Picasso Marketing.
INDEMNITY AND LIMITATION OF LIABILITY
You agree that you will indemnify and hold harmless Picasso Marketing, a division of Noriami, Inc., and its members, officers, directors, and employees, from all claims arising out of or related to your access or use of, or your inability to access or use, Picasso Marketing, services, this Website, or the information contained in this Website or other websites to which it is linked.
You agree to indemnify, hold harmless and defend Picasso Marketing, a division of Noriami, Inc., and its wholly-owned subsidiaries, at your expense, any and all third-party claims, actions, proceedings, and suits brought against Picasso Marketing, a division of Noriami, Inc. or any of its members, officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by Picasso Marketing, a division of Noriami, Inc. or any of its members, officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your fraudulent or malicious use of the Services, (iii) your violation of applicable laws, rules or regulations in connection with the Services. In such a case, Picasso Marketing, a division of Noriami, Inc. will provide you with written or electronic notice of such claim, suit, or action. You shall cooperate as fully as reasonably required in the defense of any claim. Picasso Marketing, a division of Noriami, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
DISCLAIMER OF WARRANTY
THE SERVICE, THE SOFTWARE, THE REPORTS, AND ANY AND ALL RELATED AND ANCILLARY SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY PICASSO MARKETING AND AFFILIATES, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. PICASSO MARKETING DOES NOT WARRANT THAT THE SERVICES OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
PICASSO MARKETING WILL NOT BE LIABLE TO CUSTOMERS, CLIENTS, OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE.
Picasso Marketing does not guarantee the Service will be operable at all times or during any downtime (1) caused by outages to any public Internet backbones, networks, or servers, (2) caused by any failures of your equipment, systems, or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond Picasso Marketing’s control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Picasso Marketing’s servers are located or co-located. Complete accuracy in all aspects of your reports at all times also is not guaranteed.
REFUND POLICY STATEMENT
All sales of Picasso Marketing services are final. No refunds shall be given by Picasso Marketing, or any other party, for any amounts paid for services, including, without limitation, any service charges or fees. Further, the Customer/Client acknowledges and accepts the risk that Picasso Marketing may not succeed in acquiring 1st-page search engine rankings for SEO campaigns, The client understands SEO is a slow process and many things contribute to ranking high in search engines. No refunds shall be given by Picasso Marketing for any reason with the exception a cancelation request is sent to cancel@picassomarketing.com, within 24 hours of placing an order for services. Refunds are processed within 30 days.
Further, the Customer/Client hereby acknowledges that the Company cannot and does not make any guarantees or warranties, and the Customer/Client, therefore, understands that he or she foregoes the right to dispute credit card charges on the grounds that the Company has failed to deliver satisfactory services. The Customer/Client further understands that, because the Company is an Internet-based business, the Company never actually takes physical possession of the customer’s credit card; the Customer/Client acknowledges that, for this reason, the Company would normally have difficulty prevailing in credit card charge disputes with the Customer/Client relative to a physically-based business. The Customer/Client, therefore, foregoes his or her right to dispute the credit card charges he or she incurs with the Company because of the type of services being requested. The Client understands the reasons for this being that the Company’s services are pricey items and we cannot render services at this cost and allow Clients to not pay these fees for services rendered.
MODIFICATION OF USER AGREEMENT
Picasso Marketing reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Services provided to Customer/Client, at any time, by posting the new agreement to the site located at http://www.picassomarketing.com (or such other URL as picassomarketing.com may provide). You are responsible for regularly reviewing the Agreement and related documents. No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized representative of picassomarketing.com or posted to the picassomarketing.com website by a duly authorized representative of picassomarketing.com.
MISCELLANEOUS, INTEGRATION, APPLICABLE LAW, AND VENUE
Picasso Marketing shall be excused from performance hereunder to the extent that performance is prevented, delayed, or obstructed by causes beyond its reasonable control. Among many other factors, our services depend heavily on privacy law in the United States, the various States and Territories, and other jurisdictions. The law can and will change in the future and such changes are outside the control of Picasso Marketing. We cannot predict the impact of future changes in the law. Some legal changes, including but not limited to legislation or judicial interpretation, may render it more difficult or impossible for us to perform the services offered.
This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
This Agreement shall be governed by and construed under the laws of the state of Nevada & Tennessee without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Nevada or Tennessee law, rules, and regulations, Nevada or Tennessee law, rules, and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the State and Federal Courts located within the Federal District of Nevada or Tennessee. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.
A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights hereunder without Picassomarketing.com prior written consent, and any such attempt is void.