Terms

Thank you for choosing 99ads. We are excited to work with you and design high-converting ads for your business.

THIS AGREEMENT (the “Agreement”), is entered by the CLIENT (whose information gets submitted at checkout) and between Labis Labs LTD (“The Company”) a Sofia, Bulgaria, limited company, with a mailing address of bul. “Vitosha” № 25, ет. 2, 1000 Sofia Center, and accepted by (the “Client”) who accepted his terms by purchasing on this website (collectively, the “Parties”).

The Client and The Company agree as follows:

1. The Service.

As part of the service, the company will deliver in accordance to the selected plan.

As regards the All You Can Test plan, it’s important to note that the amount of ads delivered per week will be discussed at the beginning of the month, and will be based on testing budget allocated for the month.

Both the Company and the Client agree that ads get validated once they reach 7,000 impressions minimum - anything below that will not be considered statistically relevant.

2. Client Requirements.

The Client agrees to the following terms for delivery and review of materials.

6. Provide all the available content to the Company;

7. Grant “view performance” access to the Business Manager;

8. Reply to requests and provide feedback within 24 working hours.

3. Compensation and Payment.

9. Ongoing Management: For the tasks described in Section 1A-E, the Client will pay The Company a fixed fee per month for the ongoing production;

10.  Auto Billing: Payments will be auto-billed every 1st of the month through the payment details that have been submitted at checkout;

11. Billing Amount: The Company will charge the Client the amount agreed under the voice "Recurring Totals" present in every checkout page.

12. Right to cancel: The Client may cancel this agreement by mailing a written notice to The Company with a 15-day notice from the next billing period. Notice of cancellation sent after will be processed at the end of the following month.
    
    

4. Term.

This Agreement will commence on the effective date first set forth above and will continue for a minimum period of [30 days], regardless of the Client’s delivery of content, and then will continue on a month-to-month basis.

5. Termination.

This agreement may not be terminated prior to [30 days] after the date shown above by either party. In the event that the Client desires to terminate the Services hereunder, the Client must submit a written request to The Company a 15-day notice from the next billing period. Written requests to terminate may be made on Slack or via eMail (at support@99ads.com).

If Client chooses to terminate this agreement in writing, all monies owed to The Company will be due immediately and will be automatically charged to the Client’s payment method on file. Under no circumstances will The Company give refunds of the amount paid for the Services hereunder.

6. Ownership of Materials.

The Client shall retain the creative rights to all original materials, data and similar items, produced by The Company hereunder in connection with the Services under this agreement. All services and software used by The Company shall at all times be the sole property of The Company and under no circumstances shall Client have any interest in or rights to the title to such materials, or software. Client acknowledges that The Company may use and modify existing materials for Client’s benefit and that Client holds no rights to such materials.

7. Proprietary Information and Use of Materials.

All information disclosed by one Party to the other Party, shall be deemed to be confidential and proprietary (“Proprietary Information”). Such Proprietary Information includes, without limitation, information regarding marketing, sales programs, sales volume, sales conversion rates, sales methods and processes, sales proposals, products, services, vendors, customer lists, training manuals, sales scripts, telemarketing scripts, names of investors, and customer information, operating procedures, pricing policies, strategic plans, intellectual property, information about a Party’s employees and other confidential or Proprietary Information belonging to or related to a Party’s affairs. 

The receiving Party acknowledges and agrees that in any proceeding to enforce this Agreement it will be presumed that the Proprietary Information constitutes protectable trade secrets, and that the receiving Party will bear the burden of proving that any portion of the Proprietary Information was publicly or rightfully known and disclosed by the receiving Party. The Parties, their employees, subsidiaries, affiliates, agents, and assigns agree to hold all Proprietary Information, regardless of when or how disclosed, in strict confidence and with not less than the same degree of care that they provide for their own confidential and proprietary information. The Parties warrant and represent that the degree of care contemplated herein is adequate and the Parties will take any and all steps reasonably necessary to preserve such Proprietary Information.

Nothing in this Agreement shall prohibit or limit the receiving Party’s use of information that can be demonstrated as: (a) previously known to the receiving Party, (b) independently developed by the receiving Party, (c) acquired from a third party not under similar nondisclosure obligations to the disclosing Party, or (d) acquired through the public domain through no breach by the receiving Party of this Agreement.

8. License.

Client grants The Company a limited, non-transferable, non-exclusive license to copy, use, store, set up, publicly display, publicly perform and transmit any trade names, trademarks, service marks, copyrights, content, text, images, software, functionality, page and other design and layout, media and other materials therein and solely in connection with creation of the Campaign and direct response marketing in accordance with this Agreement. Other than as specifically provided herein, the Parties, their employees, subsidiaries, affiliates, agents and assigns, shall make no disclosure of any Proprietary Information without the express written consent of the other Party. In addition, neither Party shall use the Proprietary Information for any purpose other than purposes related to their business relationship as laid out in this Agreement. 

9. Portfolio Release.

Client agrees that The Company has the right to use materials created pursuant to this Agreement for The Company’s portfolio, samples, self-promotion including advertising for The Company’s business including without limitation.

10. Limitation of Liability.

The Company shall not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or nonperformance of the Services. Client agrees that, in the event The Company is determined to be liable for any such loss, Client’s sole remedy against The Company is limited to a refund of payments made by Client for said Services, less expenses paid to subcontractors or to third parties. The Company is not responsible for errors which result from faulty or incomplete information supplied to The Company by Client. Client also agrees to not seek damages in excess of the contractually agreed upon limitations directly or indirectly through suits by or against other parties. The Company shall not be liable to Client for any costs, damages or delays due to causes beyond its control, expressly including without limitation, unknown site characteristics; changes in policies, changes in terms of services.

11. No Guarantee.

The Company does not warrant or guarantee any specific level of performance or results. Example of results obtained for other clients of The Company may be used as a marketing tool and shown to Client for demonstrative purposes only and should not be construed by Client as indicating any promised results or level of results.

12. Communications.

Client agrees the communication is to be mainly via Slack​. If the Client wishes to speak on the phone, the Client should send a message to The Company stating that you would like to schedule a phone call and The Company will work with the Client to arrange a time. The Company typically responds to email within 24 working hours.

13. Entire Agreement.

This Agreement is the final, complete and exclusive Agreement of the Parties. No modification of or amendment to this Agreement shall be effective unless in writing and signed by each of the Parties.

14. Severability.

If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, the remaining provisions of this Agreement shall remain in full force and effect. 

15. Headings.

The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of this Agreement.

16. Choice of Law and Forum. 

This Agreement shall be governed by and construed in accordance with the substantive Bulgarian law, without regard to principles of conflicts of law. For purposes of this Agreement, the Parties hereby consent to jurisdiction in the courts located in Bulgaria.

17. No Poaching. 

During the Term, and for a period of 120 months after termination neither party shall hire (or try to do so) the other party’s employees without the consent of the other party.

By completing a purchase on this website, the parties hereby understand and agree to all terms and conditions of this Agreement.