Terms and conditions
PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCEPTING THESE TERMS OF SERVICE AND REGISTERING FOR, ACCESSING AND/OR USING ONE OF Prosperous Concepts, an Algomizer's Official Partner’s PRODUCTS AND/OR SERVICES.
By selecting the box "I agree", or otherwise accessing and using any product of Prosperous Concepts, an Algomizer's Official Partner or service that Prosperous Concepts provides, such as utilizing for our customer the google my business service (collectively "service" or "services"), you acknowledge that you, on your own behalf as an individual and on behalf of your employer or another legal entity (collectively "you" or "your"), have read and understood and agree to comply with the terms and conditions below (the "Terms"), and are entering into a binding legal agreement with Prosperous Concepts LLC, an Algomizer's Official Partner Ltd ("Prosperous Concepts, an Algomizer's Official Partner", "us" or "we").
Below we have listed important legal terms that apply to anyone who uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone.
Prosperous Concepts, an Algomizer's Official Partner reserves all rights not expressly granted herein. Prosperous Concepts, an Algomizer's Official Partner may, by its sole discretion, modify or revise the Terms at any time without notice to you, and you agree to be bound by such modifications or revisions. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes.
1. Description of Service.
Pay Per Call Leads (the "Service") are sent to a business on an exclusive basis, based on the business’ own determination of what service(s) the business wants to offer, as well as the geographical area the business operates in.
Your use of the Service is at your sole risk. The Service is provided on an AS IS and AS AVAILABLE basis. You understand that although we use industry-grade SSL connections over HTTP, your content may be transferred unencrypted over the internet due to circumstances out of our control.
2. Pay Per Call Leads (the "Service") (i) are made available exclusively to you by phone, and the calls are recorded.
(ii) The PPC campaigns are conducted on Google and other platforms by Prosperous Concepts, an Algomizer's Official Partner, and (iii) the content, text, documents, descriptions, products, graphics, photos, sounds, videos, interactive features, and the trademarks, service marks and logos ("Marks"), contained in or made available through the Service are yours to provide and you are solely responsible for their legal use. As part of our terms for acceptable advertising conduct, you hereby agree that you will always provide only photos/creative materials you are entitled to use for commercial purposes, whether by license, by copyright or by any other mean, and you agree to indemnify Prosperous Concepts, an Algomizer's Official Partner and its affiliates, officers, agents, and employees from and against any third party claim arising from or for breach of your representation with respect to your entitlement to use photos/creative materials, all as set forth in the “Indemnification” clause below
3.1. You must be at least eighteen (18) years of age to use this Service. You must provide your current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. Prosperous Concepts, an Algomizer's Official Partner reserves the right to refuse Service to anyone at any time without notice for any reason.
4. Use of the Service.
4.1. In addition, you hereby represent and undertake not to use the Service in a way that would: (i) encourage conduct that would be considered a criminal offense or could give rise to civil liability or violates any applicable law, regulation or order of any court or tribunal including, but not limited to, collecting, using or disclosing personal information in violation of applicable law; (ii) distribute via web sites or software applications any information obtained from the leads who called you, that involve violation of copyrighted material via technologies or protocols such as, for example, peer to peer, file sharing, file hosting or torrent portals; or (iv) use, endorse, advocate and/or promote content which is: (a) adult content, pornography, obscene, excessively profane, racist, ethnically offensive, hate speech, discriminatory, threatening, infringing, excessively violent, religiously insensitive, political or libelous content; (b) illegal drugs or arms trafficking, violates export control laws, creates a risk to a person™s safety or health, compromises national security, promotes online pharmacies and prescription-only medicines or interferes with an investigation by law enforcement officials; (c) offensive, misleading, deceptive or phishing conduct; (d) substantial un-moderated user-generated content or (e) gambling-related or sweepstakes.
4.2. Another main feature of our services is its ability to draw information and creative materials from your business website, using the website address you provide us with. By your use of the Service you hereby agree, permit and authorize Prosperous Concepts, an Algomizer's Official Partner to draw information from your website and to use such information within the Service, for the benefit of your advertising campaign. Such information shall include, but is not limited to: phone number(s), email address(es), mail address(es), images and logo(s). In addition, your use of the Service you hereby represent that you have the absolute and complete right and authorization to allow us such use of such information.
6. You also agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence, including, but not limited to, complying with the provision(s) of the Children's Online Privacy Protection Act of 1998. You shall not agree to, and shall not authorize or encourage any third party to:
6.1. Use the Service to transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Prosperous Concepts, an Algomizer's Official Partner;
6.2. Use the Service for any fraudulent or inappropriate purpose;
6.3. Resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Prosperous Concepts, an Algomizer's Official Partner;
6.4. Use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
6.5. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences.
7. Payment Terms.
7.1. A valid credit card or Debit card or a valid PayPal account is required for you to use the Service offered by Prosperous Concepts's Products or services.
7.2. Prosperous Concepts, an Algomizer's Official Partner will charge you only for phone calls which were received directly from Prosperous Concepts, an Algomizer's Official Partner's campaign and: (i) that were relevant to your business according to the line of services you stated off; (ii) was relevant to the geographic area you indicated you provide your services in; and (iii) that the caller is actually interested in the services you asked to promote in the campaign (all together "Relevant Received Calls"). There will be no refunds or credits for Relevant Received Calls of leads. Relevant Received Calls which you didn’t answer to, will be charged fifty percent (50%) from the price per call you set.
7.3. For each call received you will receive a text message (SMS) stating the caller information details.
7.4. If you think the Relevant Received Calls you received was not in fact so, you can respond by clicking the #1 to the Text Message (SMS) sent to you immediately upon the end of the call from the leads we sent you, within 24 hours from the time of the call and Prosperous Concepts, an Algomizer's Official Partner, in its own discretion, will consider to refund you in regard to that call if it was in fact not relevant, or terminate your campaign. No abuse will be tolerated.
7.5. All charges above are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.
If, at any time, you contact your bank, PayPal or credit card company and decline, chargeback or otherwise reject the charge of any payable Fees (â€œChargebackâ€), this act will be considered a breach of your payment obligations hereunder, and your use of one of Prosperous Concepts, an Algomizer's Official Partner's Services or Products may be automatically terminated. In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, may be subject to cancellation and Capacity Loss, for example your Google Adwards Campaign. Your use of Prosperous Concepts, an Algomizer's Official Partner's Services or Products will not resume until you re-subscribe and pay any applicable Fees in full, including any fees and expenses incurred by Prosperous Concepts, an Algomizer's Official Partner and/or any Third Party Services for each Chargeback received (including Fees for Prosperous Concepts's Services or Products provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to Prosperous Concepts, an Algomizer's Official Partner, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent Prosperous Concepts, an Algomizer's Official Partner's Services or Products from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Prosperous Concepts, an Algomizer's Official Partner Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.
9. Modification to Fees and Services.
Prosperous Concepts, an Algomizer's Official Partner reserves the right to modify, suspend, or discontinue the Service or Product at any time for any reason with or without notice. Prosperous Concepts, an Algomizer's Official Partner reserves the right to change the Service or product fees upon 30 days’ notice from us. Such notice may be provided at any time by email to the approved email address on file.
These Terms shall become effective on the earlier of: (i) the date that you commence access to or use of the Service or Product; or (ii) the date that we receive payment of any applicable Service subscription fee or Product fee, and shall continue until expiration of the subscription period (the "Initial Term"). Thereafter, subject to your payment of any applicable Service subscription fees, these Terms shall automatically renew for successive subscription periods (each a "Renewal Term", and together with the Initial Term, the "Term"), or until these Terms are terminated in accordance with the section herein entitled 'Termination'. If you continue to use the Service past any subscription period renewal date, you shall be deemed to have renewed these Terms for the corresponding Renewal Term.
11. Cancellation and Termination.
11.1. Without derogating from your obligation to pay the subscription fees, you may terminate these Terms at any time by cancelling your Account.
11.2. You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by contacting our support. There will be no refund if you cancel the Service after the end of your current paid-up month, however you will not be charged thereafter. There is no cancellation fee. Cancellation is immediate, and all of your content will be inaccessible immediately from the Service upon cancellation. Prosperous Concepts, an Algomizer's Official Partner may, at any time and for any reason, terminate the Services, terminate these Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.
12. Intellectual Property Rights.
Prosperous Concepts, an Algomizer's Official Partner claims no intellectual property rights over the material you provide to the Service or to any material drawn from your business website. However, you acknowledge that Prosperous Concepts, an Algomizer's Official Partner owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service or Product. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service or Product.
13. Warranties and Liability.
Prosperous Concepts, an Algomizer's Official Partner does not warrant that: (i) the Services or Products will meet your requirements or expectations, (ii) the Service or Product will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (iii) bugs or errors will be corrected, (iv) the mathematical calculations performed by the Service or Product is accurate. The Service is provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You expressly understand and agree that Prosperous Concepts, an Algomizer's Official Partner shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Prosperous Concepts, an Algomizer's Official Partner has been advised of the possibility of such damages), resulting from your usage of the Service or Product.
You agree to hold harmless and indemnify Prosperous Concepts, an Algomizer's Official Partner, and its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Prosperous Concepts, an Algomizer's Official Partner will provide you with written notice of such claim, suit or action. The failure of Prosperous Concepts, an Algomizer's Official Partner to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitute the entire agreement between you and Prosperous Concepts, an Algomizer's Official Partner and govern your use of the Service, superseding any prior agreements between you and Prosperous Concepts, an Algomizer's Official Partner (including, but not limited to, any prior versions of the Terms).
15. Compliance with laws.
Each party shall comply with all applicable laws relating in any way to its performance of its obligations under these Terms. You agree to comply fully with all applicable export laws and regulations in any jurisdiction to ensure that neither the Service nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
16. Government Use.
If You are part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Service or Product is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service is a "commercial item". In accordance with such provisions, any use of the Service by the Government shall be governed solely by the terms of this Agreement.