LEGENCYS
TERMS AND CONDITIONS
Last Modified: September 14, 2023

Please read these Terms and Conditions (“Terms”) carefully before signing the Legencys Service Proposal (“Proposal” or “Agreement”). By requesting, signing, and paying for Legencys services, you expressly agree to be bound by these Terms and our Privacy Policy.

1. TERMS AND UPDATES

1.1 These Terms and Conditions and any other Terms of Use, Payment Terms and/or Policies apply to all Services.

1.2 We reserve the right to change and update our Services, pricing, Legencys Terms, notices and any other Terms and Conditions, at our sole discretion, with or without notice. 

1.3 These Terms were last updated on the date first written above.

2. QUOTE

2.1 Our quotes are valid for 10 business days. In the event that the Customer has not hired the project a new quote will be made with the updated price.

3.DELIVERY OF THE PROJECT

3.1 The delivery period is 1 to 2 weeks from the signing of the contract. 

3.2 The project will be worked on with the information available at the time of signing the contract. 

3.3 It is the client’s responsibility to provide the necessary information and answer the corresponding questionnaires in a period of 1 to 2 business days so that the project can be delivered on time.

4. ADVERTISING, ONLINE MARKETING AND THIRD-PARTY SERVICES

4.1 Legencys provides search engine marketing, optimization, and associated services on a local, national and international basis. As such, we submit information on your behalf to search providers (“Third Party Services”) for which you must agree to their terms and conditions.   These providers may include, but are not limited to: Google, Instagram, Facebook, and other sites. By engaging Legencys, you access a Third Party Service through us at your own risk. You are responsible for complying with all terms, conditions, policies, and guidelines that the Third Party Services Advertising Platforms impose on their users.

4.2 Legencys will not share your information with any company other than in the course of securing online advertising and marketing services on your behalf.

4.3 The Services provided by Legencys interoperate with the Advertising Platforms, and our Services are largely dependent on the availability of the Advertising Platforms. If at any time the Advertising Platforms cease to make their features or programs available to us on reasonable terms, we may cease to provide you with access to such features or programs. 

4.4 Legencys will not assume any responsibility or liability in connection with any malfunction on the Advertising Platforms.

5. ADVERTISING MATERIAL

5.1 By engaging the services of Legencys you:

(a) Authorize Legencys to develop content based on information or material provided by you and collected by Legencys, including copy, shape, size, text, graphics, names, addresses, telephone numbers, URLs, logos, trade names, trademarks, service marks, endorsements, photographs or likenesses and videos. 

(b) You certify that the material and information you provide to Legencys is truthful, not misleading, and that you have the authority to represent this product and service information to Legencys.

6. PERMISSIONS GRANTED

6.1 You authorize Legencys to place information relating to your business on any of the publishers’ and search providers’ websites.

6.2 By engaging the service, you authorize Legencys to contact your customers for the sole purpose of obtaining endorsements and reviews of your products and services for publication.

6.3 All content will be submitted for approval prior to publication. You understand that timely response time for approvals is critical to the performance of the services provided by Legencys, therefore, all content will be considered approved one week after it is submitted for approval, unless modifications are requested, or other communication is received from the client.

7. CONFIDENTIALITY

7.1 If we share non-public information about our Services, you must keep it confidential and use reasonable security measures to prevent disclosure or access by unauthorized persons.

8. PAYMENT & FEES

8.1 You agree to pay the applicable fees for each service agreed between you and Legencys as set forth defined in the contract, except for services that we may provide to you as a courtesy.

8.2 You must provide us with a valid payment method, credit/debit card or bank account and authorize us to charge the credit/debit card or bank account for one-time or recurring fees based on the services contracted.  To provide us with your payment method, you will fill out a payment authorization form, provide us with an email address and other personal information necessary for us to process the transaction, and update such information from time to time. You may update the payment authorization form as necessary to ensure that the information is always accurate.

8.3 You understand and agree that we have permission to retain and/or share with financial institutions and payment processing companies your payment information to process your payment.

8.4 Legencys reserves the right to change current rates and plans at any time with prior notice.

8.5 One-time Fee digital products (single or multiple) that accumulate a value of less than $500 usd are required to be prepaid in full upon signing the contract. For One-time Fee digital products (single or multiple) that accumulate a value of more than $500, 50% is required at the start of the project and the remaining 50% upon delivery of the project.

8.6 Recurring payment digital products must be prepaid at the time of signing the contract. Payments for recurring digital products will be made on the 25th of each month. The first payment applies to the number of weeks remaining on the 25th of the corresponding month in which the contract is signed.

8.7 Payments shall be made on the 25th of each month for services rendered by the Company in that month. New contracts that initiate service on any day other than the 1st of the month will be billed a prorated fee for the remaining days in that month. Invoices are delivered on or about the 15th of each month. Services may be paused if payment has not been made by payment due date, re-initiation fees may apply.

8.8 If the payment method you use with us is no longer valid (such as a credit card that has reached its expiration date), you must complete a new payment authorization form with the updated information. You will receive notification via email if your payment is declined or returned and a $30.00 fee will be applied to the next invoice.

 

9. CANCELLATION AND REFUNDS

9.1 Any cancellation of the service by the Client is exempt from a refund of any amount of money by LEGENCYS.

9.2 LEGENCYS is free to cancel or terminate the project in the event that the Client, during the development of the project, does not comply with its obligations under this contract.

9.3 The following are cases of cancellation of the project: (a) Abandonment of the project: Lack of material (content, photos, key information). If the Client does not deliver the material necessary to carry out the project after 45 days, the project will be cancelled or rescheduled. (b) Project on pause: If for any reason the project must be put on pause by the Client, the budget will have to be revised and a new agreement will have to be reached.

10. NO GUARANTEES

10.1 You acknowledge and agree that Legencys makes no specific guarantee or warranty regarding the search providers and publishers to which it submits advertising on your behalf, including placement of paid search advertising or any specific results. Legencys does not warrant the number of calls, clicks, impressions or website visits or that paid search advertising will appear in response to any query. Legencys does not warrant that the performance will be error-free but will immediately act to correct errors once they have been identified.

11. DISCLAIMER OF WARRANTIES

11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEGENCYS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES NOT EXPRESSLY SET FORTH IN THIS DOCUMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO LEGENCYS SERVICES.

12. INDEMNIFICATION

12.1 Each party warrants that its respective performance of the terms of this agreement will not in any way constitute knowing, intentional infringement or violation of any copyright, trade secret, trademark, patent, invention, or any other nondisclosure rights of any third party. You indemnify and hold harmless Legencys against all costs (including attorney fees), damages and liabilities arising from negligent or intended acts on your part constituting the violation of any copyright, trade secret, trademark, service mark, patent, invention, proprietary information, or nondisclosure rights of any third party. To the full extent of the law, you will pay any expenses or damages to Legencys resulting from claims made by third parties with regard to usage of material you have provided, even after termination of our Agreement.

13. LIMITATION OF LIABILITY AND APPLICABLE LAW

13.1 The maximum aggregate liability Legencys may have to you will be limited to the total amount of fees collected from you. Legencys will have no liability in connection with the functionality or content of any search provider or internet publisher or website not owned by Legencys. This agreement shall be governed and construed by the laws of the State of California. Any claims against this agreement must be made within 6 months of the date of the subject of the claim, and must be made in writing to: Legencys, info@legencys.com. Should a claim arise, you agree to waive a trial by jury and to first seek resolution by arbitration in Orange County, CA using a mutually agreed upon member of the American Arbitration Association.

14. REPRESENTATIONS AND WARRANTIES; LICENSE AND GRANT OF RIGHTS

14.1 You represent and warrant that you have and will continue to have the absolute and unrestricted right to publish and use all information you have provided for your advertising programs and that the content does not infringe on the rights of any third party and that it complies with all local, state, and federal laws and regulations.

15. FORCE MAJEURE

15.1 Neither you nor Legencys will be in breach of its obligations under these Terms and Conditions of Service (other than obligation to pay monies due) in the event that, for cause(s) beyond reasonable control, each party is unable to perform, in whole or in part, any one or more of its obligations. Such causes will include, but not be limited to governmental regulation, fire or other causality, inability to obtain materials or services, technical failure or difficulties, problems or interruptions of the internet, or any other cause not within the reasonable control of either party.

16. SUBCONTRACTING

16.1 LEGENCYS has the right to sub-contract to ensure that projects are developed properly without prior notice to the Customer.

17. ASSIGNMENT

17.1 Legencys may assign, delegate, or subcontract any rights or obligations under this Terms and Conditions of Service.

18. AUTHORITY

18.1 The person signing the Contract certifies that (s)he is lawfully authorized to purchase services on behalf of your company.

19. CONSENT TO ELECTRONIC COMMUNICATIONS

19.1 By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

20. QUESTIONS & CONTACT INFORMATION

20.1 If you have any questions or concerns about the Service, or these Terms, you may contact Legencys via email at info@legencys.com.

21. ENTIRE AGREEMENT

21.1 This Terms and Conditions of Service represent the parties’ entire agreement with regards to Legencys’ provision of services. Agreement with these terms and conditions is upon signature of Legencys ’s Contract, and it will be binding upon you and your successors.

22. EFFECTIVE UPON EXECUTION

22.1 Terms and Conditions are binding on both parties on the date the Statement of Work is signed and/or payment is made.