Glancemark
Terms and Conditions
Glancemark Marketing and Advertising Services
Glancemark offers integrated marketing services by offering a mix of online and offline advertising services to improve businesses visibility. Glancemark provides services in the area of media planning, digital marketing, outdoor marketing, search engine optimization, social media optimization, and Graphic designing. By engaging Glancemark, you are agreeing to Glancemark’s terms and conditions. Glancemark will provide its services only on the basis of the following terms and conditions. They will be applicable to all legal matters between you and Glancemark, even if they are not expressly referred to.
Glancemark’s terms and conditions:
1. Contract Relationship
By engaging Glancemark with your business, an independent contractor relationship will be created and in no case partnership or joint venture is intended by either party. Also, it will not make either party or any of its employees the employee of the other party. A person who is not a party to the contract shall not have any rights under or in connection with it.
2. Scope of the Services
The scope of the services will be based on the terms and conditions of the Agency Agreement. Subsequent modification if any will be subject to the Glancemark’s written confirmation.
3. Confidentiality
Information that is disclosed by Glancemark to you and that is marked “confidential” will be treated as confidential by you. You will not disclose to a third party such information other than for the purpose for which it was provided without the written consent of Glancemark. This limitation will apply for the period of one (1) year after disclosure of such confidential information.
4. Access to the information
You will allow Glancemark to easily and completely access all the required information and documents in order to render the agreed services. You will notify Glancemark of all circumstances that are relevant to the execution of the agreed services. If in case the work has to be done again or got delayed due to incomplete or incorrect information accessed by Glancemark then you will have to bear the cost of the consequences. The information that you provide to Glancemark will be kept confidential and not be exposed to a third party, without your prior consent. However, the information will be made available to the employees of Glancemark for rendering the agreed services. Glancemark will take reasonable precautions to prevent the alteration or misuse of such information.
Also, please be informed that the data transferred over the internet is inherently insecure and any kind of security in this regard cannot be guaranteed by Glancemark.
5. Sharing of Information
A. Sharing of information with search engines and business directories:
Glancemark provides search engine marketing and optimization services on a local and national level. In order to show your business on the search engine result page, Glancemark has to submit information on your behalf to search engine providers for which you must agree to the search engine’s terms and conditions. Glancemark will not share your information with any business other than online advertising platforms, marketing services platforms, and search engines.
B. Sharing of information with social media networks:
Glancemark provides social media marketing and optimization services on a local and national level. In order to show your business on social media networks, Glancemark has to submit information on your behalf to social media network providers for which you must agree to their terms and conditions. Glancemark will not share your information with any business other than online advertising platforms, marketing services platforms, and social media networks.
C. Sharing of information with online media networks:
Glancemark provides online media marketing services on a local and national level. In order to show your business on online media networks, Glancemark has to submit information on your behalf to online media network providers for which you must agree to their terms and conditions. Glancemark will not share your information with any business other than online and offline advertising and marketing services platforms.
D. Sharing of information with offline media networks:
Glancemark provides offline media marketing services on a local and national level. In order to show your business on offline media networks, Glancemark has to submit information on your behalf to offline media network providers for which you must agree to their terms and conditions. Glancemark will not share your information with any business other than online and offline advertising and marketing services platforms.
6. Advertising Information and Material
Glancemark will have the right to place information related to your business on any of the publisher and search provider websites in online or offline form. Glancemark will also have the right to develop content based on information or material provided by you. The material or information provided by you must be truthful and not misleading. You should have complete authority to share such information with Glancemark.
7. Approval to Documents and Graphics Work
Content once developed will be sent to you for your approval before publishing. The timeline to approve the content will be four (4) working days. All creative work and documents of Glancemark including graphic designs, word content, sketches, proofs, blueprints will be checked and approved by you within four working days from the date of receipt. If they are not approved within that period, they will be considered as approved and accepted by you even if that period of four (4) days has expired with no reply.
8. Unacceptable Practices
Glancemark has set certain guidelines and policies against some wrong practices. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in termination of our services. Following is the list of the unaccepted practices. Glancemark will not undertake any publicity campaigns or advertising promotions for the below-mentioned things or practices.
- Pornography
- Sexually oriented products and services
- Cash gifting
- Scams or phishing for personal information
- Illegal gambling and lotteries
- Solicitation of funds other than for legal charitable organizations
- Fraudulent investment schemes
- MLM marketing schemes without a genuine product or services
- Alcohol and tobacco-related products
- Illegal drugs
- Pirated content and copyright violations
- Internet viruses
- Prohibited games
- Content that is vulgar, threatening, abusive, harassing, harmful, violent, or torturous in nature
- Racial, ethnically offensive, and objectionable content
- Hateful or revengeful content
- Activities against the government rules and regulations
- Fake recruitment or employment schemes
- Fireworks
9. No Influence on Online and Offline Media Channels
Before you place the order, please be informed that providers of online and offline media channels (e.g. advertising platforms, hereinafter referred to as Providers), in their terms and conditions of use, reserve the right to reject or remove advertisements or promotional appearances for any reason whatsoever. So, the providers are not obliged to forward content or information to users. Thus, there is a risk that advertisements or promotional appearances are removed for no reason. In that case, restoring the original advertisement may take some time or may not be possible at all. Glancemark works on the basis of the provider’s terms and conditions of use, on which it has no influence or control, and also makes them the basis of your orders. Therefore, by placing the order you clearly acknowledge that those terms and conditions of use determine the rights and duties of a contractual relationship if any. Glancemark intends to execute your order to the best of its knowledge and belief and to comply with the policies of “online and offline media channels”. Glancemark would like to bring into your notice that due to the terms and conditions of use that are currently applicable and the fact that every user can easily allege a violation of the law with the aim that contents will be removed, Glancemark cannot guarantee that the ordered campaign can be retrieved at any time.
10. No Guarantee and No Warranty
Glancemark makes no specific guarantee or warranty regarding the advertising platforms, publishers, and search providers to which it submits advertisement on your behalf, including placement of paid search advertising or any specific results. Glancemark does not warrant the number of calls, clicks, impressions, website visits, or store visits. Glancemark also does not give a warranty that paid search advertising will appear in response to any particular query. Glancemark does not warrant that the performance will be error-free but will immediately act to correct errors once they have been identified.
11. Advertising Mix in Online and Offline Channels
By engaging Glancemark with your business, you will allow Glancemark to use both online and offline advertising tools and ad platforms in order to work out a suitable media mix for your promotion campaign. However, in order to get offline marketing support, the client’s account must be a minimum of 3 months old with Glancemark’s Digital Marketing Services. It is because Glancemark would like to first analyze the client’s digital marketing data about where the audience is coming from and who is the expected target audience. Based on actual analytics data and marketing insights, Glancemark will be able to further plan offline marketing activities for the client.
12. Access to the Marketing Interface and Advertising Platform
Glancemark will select advertisement platforms on behalf of you based on your prior approval. You will not have direct access to advertising platforms, bid management interface or metrics such as cost per click incurred and cost per thousand impressions or views incurred. All platform accounts and contents therein will remain the intellectual property of Glancemark during and after the program described with these terms and conditions. However, you will pay all the media costs directly to these marketing interfaces and advertising platforms. Also in the case of outdoor marketing services, you will be paying all media costs directly to 3rd party vendors.
13. Information about Removed or Relocated Web Content
You should have a ready list of removed or relocated web content of your website. It will be your responsibility to inform Glancemark of removed or relocated web content that may adversely affect the advertisement’s ability to deliver appropriate content to visitors. Glancemark will not be held liable for any clicks delivered to removed or relocated web content, such as those resulting in an HTTP 404 error response code.
14. Standard Services Vs Premium Services
Glancemark offers its services under the standard category and premium category. There will be a separate contract/agreement for premium services and features if opted for any. All the special features, claims, and value-added services mentioned on the website fall under the premium category, and premium charges will be applicable for the same. A client should know that there will be a separate contract/agreement made for premium services applicable if any. It is advised to discuss the premium services personally only with the senior managers and above officials. Classification of standard services and premium services shall be discussed and prepared separately based on the actual service’s scope and marketing budget of the client. It is to be informed that premium features are not applicable for standard contracts/agreements.
15. Fees & Payments
Glancemark will charge you a fee based on the actual scope of work and the total advertisement budget. Glancemark will charge you a monthly retainer fee to cover the cost of placing and managing your marketing and advertising services. Glancemark may change the maximum monthly retainer fees from time to time based on the scope of work assigned to it. Apart from the retainer fee, Glancemark will also charge campaign creation cost, a management fee, and miscellaneous costs. If the management fee is applicable then it will be up to 26% on the actual ad spend. If you avail of any monthly service package of Glancemark then you are obliged to pay a full chargeable amount prior to the commencement of the work. Few campaign activities would need an advance payment, which will be informed to you well in advance. If Glancemark and you agree on a fixed quote regarding any services then you are liable to pay 50% of the billable amount in advance, prior to the commencement of the work. The remaining 50% of the payment will have to be made within 7 days of the start date of the service. Glancemark shall invoice you monthly in advance. An invoice copy will be sent to you on the 1st day of each month. All the monthly fees are due on or before the 10th of each calendar month. Credit card payments will be charged at a 2% processing fee. If your account becomes 40 days past due, all the ad campaigns will be paused until payment is made and the account is current. If you do not pay the monthly invoice when it is due, Glancemark shall terminate the services immediately. In this case, Glancemark will not be liable to issue a 30-day prior notice.
Glancemark does not include taxes or other government fees in the amount due hereunder. Taxes or other government fees will be your responsibility.
16. Not to Divert Employees
During the term of this agreement and for a period of one (1) year thereafter, you will not attempt to induce, solicit, or endeavor to entice away any employee of Glancemark for your own work or for the third party work, directly or indirectly.
17. Reports
Monthly reports of performance services will be shared with you on any of the two (2) official email ids of yours. Glancemark will provide monthly reports, at a minimum, taken directly from the applicable advertising account (s) demonstrating key metrics such as visits, clicks, impressions, and click-through rates.
18. Screening of Information
Due to the nature of digital and offline media, any content or information given by you to Glancemark for publication will be accessible by the public as soon as the publication is carried out. Glancemark will not be responsible for screening the content or information and any damages or losses of profit, goodwill, or any business asset resulting due to the publication of such content or information.
19. Copyright Issues
You are obliged to clear the documents (images, logos, audios, videos, etc.) made available by you to Glancemark for the execution of the agreed services for potential copyrights, trademark rights, or other rights of third parties (rights clearance) and guarantees that the documents are free from rights of third parties and may therefore be used for the desired purpose. Glancemark shall not be liable for any infringement of such rights by third parties. If in case Glancemark is held liable for any infringement of such rights, then you shall indemnify and hold Glancemark harmless and shall compensate Glancemark for any and all disadvantages suffered by it due to third-party claims, including costs of reasonable legal representation. You undertake to support Glancemark by all means and ways in defending claims of third parties if any.
20. Representation and Warranties
You represent and warrant that you have and will continue to have the absolute and unrestricted right to publish and use all information (such as text, graphics, URLs, audio clips, videos, and websites) you have provided for your marketing and advertising campaigns. You also represent and warrant that the information or content provided by you does not infringe on the rights of any third party and that it complies with all local, state, and national laws and regulations.
If any third-party agency is entering into this agreement on behalf of you, then that agency agrees to the foregoing representations and warrants and also represents that it is the authorized agent of you.
Each party (e.g. Glancemark, you, and your agency if any) will warrant 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 each other or any external third party.
21. Indemnification
In relation to the services provided by Glancemark, you indemnify that you will defend, cover, and hold Glancemark and its officers, members, directors, and employees harmless from and against all costs (including attorney fees), damages, expenses, obligations, claims, fines, penalties, losses, and liabilities arising in any way from the fault or negligent or intended acts on your part constituting the violation of any copyright, trademark, patent, trade secret, service mark, 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 Glancemark resulting from claims made by third parties with regards to usage of content, information, or material you have provided, even after termination of our contract.
22. Liability due to Delay
You will not hold Glancemark liable for any indirect or consequential losses due to delay in obligated services deliverables, where the delay is because of natural, unavoidable, or ungovernable causes. You will defend, cover, and hold Glancemark harmless from and against any and all such claims.
23. Assignment and Subcontracts with External Third Party Services Agencies
Glancemark shall be entitled at its own discretion to employ expert third parties as agents or to commission a third party to render the agreed services. Glancemark reserves the right to subcontract a third-party service provider for some or all of the services agreed under these terms and conditions. Glancemark may assign, delegate or subcontract any right or obligations under these terms and conditions of services.
Commissioning of third parties in connection with an External Service shall be done in Glancemark’s own name. Glancemark shall select the relevant third party with care and ensure that it is appropriately qualified.
24. Deviations
Deviations from these terms and conditions will only be effective if they have been confirmed by Glancemark in writing. Your terms and conditions if any shall not be accepted, even if Glancemark knows them unless expressly agreed otherwise in writing on a case by case basis.
25. Contract Rates & Renewal Increment
The date of commencement of the services will be agreed upon by both parties and charges will be applicable according to that date. Glancemark’s services agreement rates will be fixed for the first twelve (12) months. Glancemark’s agreements will be auto-renewing at the end of the 12th month at a 10% increment on the rates.
26. Contract Cancelation or Termination
All our service contracts are made for twelve months. The contract specifies an initial term of 4 months which will be called as “Initial agreement period”. After the initial agreement period is over, either party may cancel the contract with 30 days written notice to another party. Either party may not cancel or fully transfer the service responsibilities to another service vendor before the initial agreement period is over.
All your information and material including will be returned to you within 30 days after the service has been cancelled or terminated. Domains and web hosting purchases on your behalf will be released to you within 30 days after the service has been cancelled or terminated.
Let us discuss our contract conditions and your business terms to go ahead with win-win agreement. Our team at Glancemark will guide you through our terms and condition.