These Terms of Service and the conditions listed below apply to netEmbark inc dba netEmbark LLC , and all products and/or services offered by netEmbark, and the conditions concerning your use of and access to the netEmbark website. By accessing, using, or downloading any materials or content from the website, you agree to follow and will be bound by all conditions included in this document. If you do not agree with these Terms you may not use our products and/or website.
Internet Services, Content, Products, and Accuracy of Data: We attempt to ensure that information on this website is complete, accurate, and current, however, due to the nature of the information we gather (and its sources) it may be inaccurate, incomplete, or out of date. We make no guarantees as to the accuracy or completeness of any information expressed on our website. All features, content, product descriptions, product pricing, services, and statements of said products and services described or displayed on this website are subject to change at any time without notice. netEmbark consistently attempts to accurately display all aspects of our products and services.
It is our practice to confirm orders by email receipt. Receiving said email binds the client to their obligations as outlined in the Billing and Payments Section included in this agreement. Receiving an email receipt does NOT constitute an agreement beyond the specified details of that receipt. You may request a receipt be mailed to you. If you do not receive a receipt by mail your emailed copy will serve as your formal receipt. Anyone “logging in” to our customer portal confirms that they have received a receipt and will be bound by the terms and conditions regarding Billing and Payments below. We reserve the right without prior notice and at our discretion to refuse service to any customer along with access to the website by any visitor or customer should it be used inappropriately or beyond the scope of what netEmbark deems acceptable.
Materials and Content
ALL materials and content provided by netEmbark or displayed on require written authorization to be used or transmitted by any user of the website. Any material generated by netEmbark and displayed on the website is the sole property of netEmbark. This includes, but is not limited to: Product Branding, Report Generation, Images, Client Data, Content, and Accounts Created.
Any unauthorized use of said materials and content may violate local, state, or federal laws designed to protect copyrights, trademarks, and intellectual capital. It is the client’s responsibility to comply with the laws governing their use of the website and protect their personal information (specifically account username / password) along with the confidentiality of their information that may be displayed. You agree to accept responsibility for all activities that occur with-in your account and will NOT hold netEmbark and/or its affiliates, employees liable should the account (or its data) be compromised by an unauthorized user.
Identification of Fees. You agree to pay the amounts set forth in the Order Form. The Fees are generally divided into product fees, service fees and set-up fees. Product fees are the recurring fees that you will be charged for the specific product you have purchased as shown on the Order Form. Service fees are for the delivery of any premium services that Netembark may, from time to time, offer. Set-up fees are one-time fees for the set-up of campaigns or other services. Netembark reserves the right to change any of the Fees at any time, provided that such changes will not take effect until a new Order Form has been executed and delivered to Netembark by you.
- Description of Fees: You agree to pay the following, in the amounts set forth on the Order Form:
- Campaign Budget refers to the recurring amounts payable to Netembark for the Media Products for each Campaign Cycle. Your Campaign Budget is used to, among other things, purchase clicks, impressions, listings and/or other media, license our platform, manage and optimize your campaign, track and record your phone calls, track and report the performance of your campaign, and provide customer service.
- Cycle Payment refers to the aggregate recurring fees for each Campaign Cycle, as specified in the Order Form, such as the Campaign Budget and any Service Fees.
- Campaign Set-Up Fee refers to a one-time fee for the set-up of a campaign, which includes, but is not limited to, Publisher set up, keyword generation, proxy creation, phone tracking set-up, creative services and other similar set-up requirements.
- Timing of Payment. Prior to the initial Campaign Cycle, you shall pay the Cycle Payment for the initial Campaign Cycle and the Campaign Set-Up Fees, if applicable. You shall also remit the Cycle Payment in advance of each subsequent Campaign Cycle. In order to avoid any pauses in the campaign, Netembark may charge the Client Card or cause payment to be made through ACH for the upcoming Campaign Cycle when 75% of the Campaign Budget for the current Campaign Cycle has been exhausted. You understand and acknowledge that all amounts owed must be paid in advance of each Campaign Cycle and that, in addition to being in breach of your contractual obligations, your campaign may be paused or terminated if timely payment is not made.
- General. Once an Order Form has been accepted by netEMBARK, you will be responsible for payment in full of all Fees, except as may otherwise be provided in Section (c) hereof. All payments are due in U.S. dollars.
- Manner of Payment. You shall pay for all amounts payable under this Agreement either by credit card (the “Client Card”), ACH (electronic debit from your bank account) or such other form of payment as Netembark may, in its sole discretion, permit. You will be required to agree to the applicable payment authorization form(s), which also permit Netembark to recover any Promotional Credits (as set forth above) and collect any Cancellation Fees (as defined below) in the authorized manner.
- Timing of Payment. Fees, as identified on the Order Form, are due in advance of each Cycle as more fully described in the Product Terms. If there are Set-Up Fees (as set forth on the Order Form), such Fees shall be paid in advance together with all amounts owed for the first Cycle. Netembark shall have the right to charge the Client Card or debit from your account through ACH for Fees in accordance with these Payment Terms and the Product Terms. You understand and acknowledge that all amounts owed must be paid in advance and that, in addition to being in breach of your contractual obligations, your campaign or service may be paused or terminated if timely payment is not received.
netEmbark has the right to terminate your account at any time for any reason and you “the user” or “account holder” have the right to terminate your account at any time for any reason within the guidelines of our Billing and Payments Section.
Cancellation Fee. Unless otherwise provided in the Product Terms, if you wish to cancel any Marketing Service immediately without completing the applicable term described above, you may do so, but you will have to pay a cancellation fee equal to 50% of any unpaid portion of such Marketing Service’s term (the “Cancellation Fee”). The following are two examples:
- If you wish to cancel a Netembark Search campaign with an Initial Term of 12 Cycles at $2,000 per Cycle after 9 Cycles, you will be obligated to pay $3,000 Cancellation Fee (which is 50% of the unpaid portion of the Initial Term).
- If you wish to cancel a Netembark Display campaign with an Initial Term of 12 Cycles at $2,000 per Cycle after 13 Cycles, you will be obligated to pay a $1,000 Cancellation Fee (which is 50% of the amount owing through the one Cycle notice period described above).
Netembark may, consistent with established payment practices, charge the Client Card or shall be permitted to cause payment to be made through ACH for the Cancellation Fee or Netembark may invoice you for the Cancellation Fee, which invoice must be paid within seven (7) business days after the invoice date. No cancellation of an Order Form under this section shall take effect until the Cancellation Fee has been paid, meaning that Netembark may continue the campaign, and you shall continue to be obligated to pay for the campaign in accordance with the terms of this Agreement. You acknowledge that the Cancellation Fee is not a penalty, but rather is a reasonable amount of liquidated damages to compensate Netembark for your early cancellation of Marketing Services.
All advertising campaigns are the property of netEmbark unless otherwise stated in an additional contract or addendum.
In the event you are purchasing advertising on behalf of another company, you represent and warrant that you have been authorized by each such company to act as its agent in all respects relating to the Agreement, including, without limitation, the making of any elections or giving of any consents. Without limiting the generality of the foregoing, you agree on behalf of each such company that such company has been made aware of, and agrees to be bound by, these Marketing Services Terms. You and each such company shall be jointly and severally liable for fulfillment of obligations under this Agreement, including all payment obligations.
Billing and Payments
netEmbark has specific policies concerning billing and payments. ALL products offered by netEmbark fall under this scope, including but not limited to: Local PPC, National PPC, Ecommerce PPC, SEO (and all addons), Websites (and all addons). Payments may be made by credit card, PayPal, or check (in some instances). Any money that has been spent on an account by netEmbark to any third party (specifically search engines) is not refundable at any point. Set-up fees charged for account creation and establishment are not refundable.
ALL accounts are put on a recurring payment cycle, unless specified otherwise by the customer at point of sale. Any client wishing to be taken off recurring status, pause an account, or cancel an account must contact netEmbark at (347) 641-9323 at least 2 business days prior to the due date of their next payment. It is the sole responsibility of the customer to contact netEmbark to cancel their account.
Payments made by credit card MUST be successfully processed by netEmbark to keep accounts online and active to prevent any ‘down-time’ or temporary termination of service.
Limitation of Liability & Customers (Clients) Responsibility
NETEMBARK INC ACCEPTS NO RESPONSIBILITY IN THE FOLLOWING INSTANCES: SHOULD AN ACCOUNT BE BROUGHT OFF-LINE AS A RESULT OF TECHNICAL DIFFICULTIES AT OUR FACILITIES OR THOSE OF THE VENDORS LOGICAL POSITION USES. DUE TO THE TECHNICAL NATURE OF OUR PRODUCTS AND SERVICES NETEMBARK INC CAN NOT BE HELD RESPONSIBLE FOR TECHNICAL DIFFICULTIES THAT OCCUR. NETEMBARK INC’S ADVERTISING SERVICES ARE DESIGNED TO BE EMPLOYED AND MANAGED BY NETEMBARK INC AND DO NOT GUARANTEE ANY INCREASE IN BUSINESS OR SPECIFIC TRAFFIC LEVELS TO A GIVEN ADVERTISEMENT. ANY LOSS OF BUSINESS RESULTING FROM AN ADVERTISEMENT IS SOLELY THE RESPONSIBILITY OF THE CLIENT. IF A CLIENT NOTICES AN ERROR IN THEIR ACCOUNT, ON THEIR ADVERTISEMENT, OR IN ANY PRODUCT OR SERVICE – IT IS SOLELY THEIR RESPONSIBILITY TO CONTACT VERTICAL GURU TO HAVE IT CHANGED.
NETEMBARK INC USES THIRD PARTIES FOR VARIOUS PRODUCTS AND SERVICES AND CANNOT BE HELD RESPONSIBLE FOR DOWNTIME OR LOSS OF BUSINESS DUE TO FAILURES OF SAID THIRD PARTIES.
Representations and Warranties
Each party represents and warrants that it has the power and authority to enter into this agreement and fully understands ALL of the TERMS AND CONDITIONS expressed within.
Intellectual Property Notice
All elements of this website (www.netembark.com) that have been generated by NETEMBARK INC are the intellectual property of NETEMBARK INC.
Copyright © 2017 netEmbark 479 Route 79, Bldg B-1, Morganville NJ 07751
All rights reserved.
Legal Contact Information
If you have any questions about these Terms please contact us through our website or at (347)641-9323.