Read this Terms and Conditions carefully before creating an account and/or using our service.
Creating an account with Adbot constitutes acceptance of all terms and conditions of this agreement without modification, and the Company has entered into those terms and conditions (the “Agreement”) with iKineo (Pty) Ltd, company registration 2000/012612/07, PO Box 50856, Waterfront, Cape Town, 8002, trading as Adbot(“Adbot”) as well as AdBud Technologies AB, company registration No 559163-3853, Stålgatan 20, SE-754 50 Uppsala, Sweden (“AdBud”).
This Agreement sets forth the legally binding terms and conditions for the Company’s use of the Site and the Services at adbot.co.za.
1.1. The “Company” means the company and/or user which creates an account on the Adbot Site, and by that will or is using the Service through the Site for its own needs.
1.2. The “Service” means the service as described in clause 2.
1.3. The “Site” means adbot.co.za.
1.4. “Adbot” means the company providing the site and licenced distributer in Africa.
1.5. “AdBud” means the company providing the backend Service.
- Description and use of the Service
2.1. The Service offers a tool for advertisement on Google AdWords.
2.2. The Service offers a quick and easy overview of the total advertising and traffic for the Company’s site.
2.3. The Service is web based and the information and statistics is presented quickly, simply and clearly, whenever and wherever to the Company.
2.4. In order to be able to use the Service, the Company needs to set up an account and deliver the Company’s information as well as payment details. The Service will then set the account up and deliver the service to the Company.
2.5. All data is archived under the Company’s account as long as the account is active, the Company has therefore always access to the historic data. The Service therefore includes a backup of the Company’s data.
2.6. The Company is only allowed to use the Service for its own account, i.e its internal needs.
2.7. This is a self-service therefore Adbot and AdBud is not obliged to offer any support or other technical help to the Company.
- The Company’s obligations and responsibilities
3.1. The Company shall not interfere with or disrupt the Service or networks connected to the Site or Server or through the use of the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or through the use of the Service, or otherwise interfere with the Service in any way.
3.2. The Company agrees that Abot and AdBud may store and display (only to the Company) the data within the Service. The Company furthermore agrees that AdBud may use the stored data for its own statistics and analysis provided that the data cannot be derived to the Company, whether the Company’s Agreement is valid or not and regardless as to time.
- Intellectual Property Rights
4.1. The Site, the Service and their contents, features and functionality are owned by Adbot and AdBud and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws in Sweden and worldwide.
4.2. Title to, ownership of, and all rights in patents, copyrights, trademarks, other intellectual property rights together with any and all information, data, software, material and documents of any kind provided and/or disclosed by AdBud to the Company is the exclusive property of AdBud. Nothing in this Agreement, aside from clause 2, shall be construed as granting to the Company any right with respect to information, data etc. from AdBud.
5.1. Abot and AdBud represents and warrants to the Company that the intellectual property rights of AdBud are correct and adequate in all material respects.
5.2. Except for the warranties set forth in this clause, Adbot and AdBud explicitly disclaims all other warranties hereunder, expressed or implied, including but not limited to the warranties of the Service being fit for a particular purpose.
6.1. The Company shall have complete and exclusive responsibility for all its activities concerning the Service and the Site and the Company undertakes to indemnify and hold harmless Adbot and AdBud of any liability, directly or indirectly, resulting from the Use of the Service, including but not limited to claims from third parties.
- Limitation of liability
7.1. In no event will Adbot and AdBud be liable for any damages whether direct, special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service.
7.2. AdBud Technologies is not liable for the Company’s loss of data.
8.1. Traffic Fee – refers to the charge used to buy advertisement in third party services such as Google AdWords.
8.2. Monthly Fee – refers to the fixed monthly administration fee.
8.3. Handling Fee – refers to the percentage Adbot and AdBud are adding to the traffic fee. This percentage can change over time and is posted on Adbot’s Website. (http://adbot.co.za).
8.4.1. The monthly fee will be charged each month. The charges for the monthly fee are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”).
8.4.2. The handling and traffic fee will be charged 30 * max daily budget when there is funds in the account left only for another 7 days.
8.4.3. We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
- Credit Cards
9.1. As long as the Company is a Member or have an outstanding balance with us, you must provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. The Company must replace the information for any credit card that expires with information for a valid one.
9.2. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected.
9.3. If we’re unable to process your credit card order, we will pause your advertisement until a valid credit card is supplied.
10.1. We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.
- Term and Termination
11.1. This Agreement shall enter into force when the Company accepts this Agreement at the Site and shall continue in effect as long as the Company uses the Service.
11.2. Adbot and AdBud may terminate the Company’s access to the Service and the Site, without cause or notice, which may result in the forfeiture and destruction of all stored data associated with the Company.
11.3. Even if the Company terminates the Agreement, Adbot and Adbud reserves the right to gather and store data until the Company actively closes its account.
11.4. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12.1. Each party undertakes, without limitation in time, not to disclose confidential information, which the party receives from the other party or which arises during performance of the Agreement, to a third party.
12.2. “Confidential information” refers in this Agreement to any item of information – technical, commercial or of any other nature – regardless of whether or not such information has been documented, with the exception of:
12.2.1. information which is generally known or which becomes a matter of general knowledge in a manner other than through a party’s breach of the provisions of the Agreement;
12.2.2. information which a party can prove that it had possessed before it received it from the other party;
12.2.3. information which a party received or will receive from a third party when not having a duty of secrecy to such party.
12.2.4. In cases referred to by, above, the party is not however entitled to reveal to third parties that the same information has been received from the other party pursuant to this Agreement.
13.1. The Company may not in wholly or partly assign or pledge its rights and/or obligations under this Agreement to any third party without the prior written approval of Adbot and AdBud.
14.1. Adbot and AdBud reserves the right, at its sole discretion, to modify or replace these terms and conditions by posting the updated terms on the Site. The Company’s continued use of the Site and the Service after any such changes constitutes the Company’s acceptance of the new terms and conditions.
14.2. If the Company does not agree to any of this Agreement or any amendments to this Agreement, the Company shall not use, access or continue to access the Site and the Service and shall discontinue any use of the Site and Service immediately.
- Entire Agreement
15.1. The Agreement constitutes the entire Agreement between the parties on all issues to which the Agreement relates.
- Governing law and disputes
16.1. This Agreement shall be construed in accordance with and governed by the laws of Sweden, excluding its conflict of laws rules.
16.2. Disputes arising from this Agreement shall be finally settled by arbitration at the Stockholm Chamber of Commerce Arbitration Institute (Institute).
16.3. The Rules for Expedited Arbitration shall apply unless the Institute due to the complexity of the case, dispute and other circumstances, determines that the Rules of the Arbitration Institute shall apply to proceedings. In the latter case the Institute shall also decide whether the arbitral tribunal shall consist of one or three arbitrators.
16.4. The arbitration shall take place in Stockholm.
16.5. Each Party undertakes, without limitation in time, not without a compelling reason to reveal:
16.5.1. The content of this Agreement or arbitration in respect of this Agreement,
16.5.2. or information about negotiations, arbitration or mediation in respect of this Agreement.