Terms of Service
ADVERTISER TERMS & CONDITIONS
BY ENROLLING AS AN ADVERTISER, YOU AGREE TO BE BOUND BY THIS AGREEMENT. YOU FURTHER AGREE THAT ANY OF YOUR AGENTS, REPRESENTATIVES, EMPLOYEES OR ANY PERSON OR ENTITY ACTING ON YOUR BEHALF CONCERNING THE USE OF THE SERVICES WILL BE SUBJECT TO AND WILL ABIDE BY THIS AGREEMENT. THESE TERMS AND CONDITIONS MAY CHANGE FROM TIME TO TIME AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS AND CONDITIONS REGULARLY FOR CHANGES.
Maxwebsales.com, situated in New Delhi, India.
Advertiser, the purchaser of traffic available at MaxWebSales platform
GENERAL PROVISIONS AND DESCRIPTION OF THE SERVICE
The present “Terms and Conditions” regulate the access and use of the platform MaxWebSales (hereinafter, “Maxwebsales” or “We”) and respective Website and Platform (hereinafter, “Website”, “MaxWebSales” or “Platform”) by the Advertisers (hereinafter, “Advertiser”, “User” or “Client”).
Maxwebsales has the right to make changes to these Terms and Conditions at any time and without prior notice, if deemed necessary, and Maxwebsales will include in them the date of its last update.
Navigation on the Website and Platform, as well as the use of the services available on the Platform, implies the acceptance of these Terms and Conditions by the User.
USE OF SERVICE
Under these Terms and Conditions, the Advertisers will acquire traffic to advertise the products and/or services provided by themselves or by their customers, through the creation of campaigns.
Users may not create campaigns with the following products or services:
- Offensive content
- Hateful content
- Illegal products and services
- Malware, phishing, malicious software
- Use of registered trademarks without their consent
- Use of celebrity image without their consent
All other products or services are allowed. To buy traffic, the Advertiser must register on the platform and deposit an amount as a prepayment. The minimum payment amount will be 100 USD. The fees applicable by each Bank will be the responsibility of the Users.
As soon as the deposit is received by Maxwebsales and uploaded to MaxWebSales platform, the Advertisers will be able to create campaigns and buy clicks through an automatic bidding system. The click will be attributed to the Advertiser with the highest bid in the auction. The Advertiser will only be charged the amount bided and which allowed them to win the click. Traffic will be delivered until the Advertiser’s budget is reached.
Due to the nature of push notification traffic, the cost of each click is based on the CPC bid rate that the client chose at the moment of the auction, and not according to the bid on the platform. Clicks might happen minutes, hours, or even days after the push notification was sent.
The retail prices shown on the platform are presented in USD. VAT or GST as applicable and other taxes or fees, if applicable, are added to the price of each click and deducted from the account’s balance.
At the end of each month, the invoice related to the corresponding month’s expenses will be sent to you by Maxwebsales. All Users undertake to comply with and respect the Terms and Conditions, namely:
Notify Maxwebsales if defamatory, obscene, insulting, xenophobic and/or any other content is detected that violate the right to privacy and family life or the intellectual property of third parties;
Notify Maxwebsales, if they detect that the clicks are not made by real individuals or end-users who visit the Advertisers’ Websites or Applications ( clicks generated by automated systems or other fraudulent means);
To prevent third parties from accessing your account.
Maxwebsales rejects any responsibility for any delay or inability to provide the requested service, resulting from an error or insufficiency of data provided by Users.
Maxwebsales reserves the right to withhold a deposit or charge the Advertiser’s account due to any breach of this agreement by the Advertiser.
All texts, comments, works, illustrations, works and images, software, and source code reproduced or represented on the Website and Platform are duly protected by copyright and are the property of Maxwebsales. Under the terms of the Code of Copyright and Related Rights, its use for private purposes will only be authorized, without prejudice to more restrictive provisions contained in the mentioned Code. Any reproduction, total or partial, of the Websites or Platforms, of all or parts of the elements included in it, is strictly prohibited.
The corporate names, brands, as well as any distinctive signs reproduced on the Website and Platform, are protected under the terms of the legal provisions applicable to industrial property and are the property of Maxwebsales. The reproduction or representation of all or part of these distinctive signs is strictly prohibited and must be subject to prior written authorization from Maxwebsales.
ACCOUNT & PAYMENTS
Any company or individual that wants to buy traffic from MaxWebSales, shall fill out our website’s registration form available at https://maxwebsales.com/register and agree with this agreement. The information provided upon registration should be authentic and you should be authorized to provide such information if you are working on behalf of a company. All accounts are subject to validation and approval by MaxWebSales’ team.
Once approved, advertiser must prepay its advertising budget through credit card, wire transfer, PayPal. Advertiser can add funds directly on MaxWebSales platform on the “add funds” section. According to the relevant payment providers’ policies, some of the transactions may demand a multi-factor authentication.
After clicking the “Checkout” button the transaction is irrevocably deemed to be processed and executed. After clicking the “Checkout” button you agree that you will not be eligible to cancel the payment or request to cancel it. By placing the order, you confirm and state that you do not violate the legislation of any country. Also, for credit card payments, by accepting this agreement, you, as the cardholder, accept and agree that Maxwebsales Ltd might ask you for documentation such as national ID, passport, or any other documents associated with the credit card.
Maxwebsales Ltd reserves the right to withhold account balance and charge Advertiser’s account because of any breach of this Agreement by Advertiser or to any fraudulent activity such as suspicious credit card activities, faking business transactions, entering third-party data, or providing false or non-existing data. Maxwebsales Ltd reserves the right to take all necessary legal actions to restore the damage caused by this violation. In any case Maxwebsales shall make all determinations about fraudulent activity in its sole discretion.
The user acknowledges and agrees that any credit card and related billing and payment information may be shared with companies who work with Maxwebsales, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payments, and servicing user’s account.
The advertiser is responsible for paying all taxes, government charges, reasonable expenses and attorney’s fees Maxwebsales incurs collecting unpaid amounts. Charges are solely based on MaxWebSales Ad Serving Platform measurements unless otherwise agreed to in writing.
MaxWebSales does its best to deliver genuine, high-quality traffic to your campaigns. The advertiser agrees that the number of clicks displayed in the MaxWebSales self-service platform is final and incontestable.
The first deposit is non-refundable. You may ask for a refund of the remaining funds on your account by contacting info[at]maxwebsales.com. The minimum withdrawal amount is 100 USD.
The remaining balance of any accounts banned due to advertiser guideline violations will not be refunded.
The advertiser agrees that he reports any gaps between the number of served clicks displayed on MaxWebSales’ platform and the client’s tracking tool. In case of a discrepancy, refunds will only be considered if the client reports gaps within three (3) business days. To report discrepancies, the advertiser must send a written email to firstname.lastname@example.org with details of the gap, namely reports with click IDs, source IDs and campaign ID. The advertiser agrees that MaxWebSales has a limit of five hundred dollars (500USD) per advertiser for refunds related to gaps.
The Advertiser agrees that will not be reimbursed for any funds that the Advertiser has already spent on purchased traffic.
PRIVACY AND COOKIES POLICY
RESPONSIBILITY AND EXCLUSIONS
Maxwebsales is not responsible for any losses resulting from interference, interruptions, computer viruses, malfunctions, or disconnections of the operating system that may temporarily prevent access, navigation or the provision of services to the User.
Maxwebsales makes every effort to ensure that the information on its website and Platform is accurate and up to date and to rectify any errors or omissions as soon as possible when communicated.
Maxwebsales has no responsibility for loss or damage resulting from the inability to access the Website.
Under these Terms and Conditions, the Users expressly accept that communication with Maxwebsales will be done electronically via email or other means of distance communication.
We will carry communications out between the parties through the contacts saved on the platform.
We will consider any communication received 24 (twenty-four) hours after emailing.
Under these Terms and Conditions, “Confidential Information” means:
Any information, of any nature, in any medium, or data with the concepts, experiences, know-how, technical procedures, and other aspects related or not to the services, revealed, in whole or in part, in writing, orally or by any other way;
Any advertising and/or communication material, know-how, technical procedures.
Under these Terms and Conditions, Maxwebsales and all its employees, executives, directors and subcontractors are obliged to keep any Confidential Information secret and will adopt all appropriate measures for that purpose, using all the care and zeal necessary to keep such Confidential Information safe from unauthorized disclosure, copying or use.
Maxwebsales is also obliged to ensure that this Confidential Information is restricted to its employees, executives, directors and subcontractors who must have access to it due to their participation in the provision of services and only and for that purpose only.
The Parties undertake not to disclose Confidential Information to any third party, not to make any commercial use of it and to use it only within the scope and under the terms of these Terms and Conditions.
The declaration of invalidity, illegality or ineffectiveness, by the competent authority, of any of the provisions of these Terms and Conditions will not affect any of the remaining provisions.
The submission of any complaint can be addressed to Maxwebsales by email (info@Maxwebsales.com) or by submitting the contact form on our website.
Whichever channel he uses to submit his complaint, the User must enter his data, identify and describe the issue clearly and accurately. The submission of complaints has no cost to the User.
APPLICABLE LEGISLATION AND ALTERNATIVE DISPUTE RESOLUTION
Service provision contracts entered into through the Website and Platform are regulated by Indian law. Any dispute arising out of or related to these contracts is subject to the exclusive jurisdiction of the Indian courts.