BY VISITING ecommercemarketinglab.com, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.OVERVIEW
The terms “we,” “us,” and “our” refer to Caroline Balinska. The term the “Site” refers to ecommercemarketinglab.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
ecommercemarketinglab.com provides a blog where users can read articles on website design and development, online marketing and small business management and a service where users may purchase digital products related to website design and development, online marketing and small business management (the “Service”).
Use of ecommercemarketinglab.com, including all materials presented herein and all online services provided by Caroline Balinska. (“Caroline Balinska”), is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to website design, online marketing, small business management and other information are subject to change. Caroline Balinska makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Caroline Balinska disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Caroline Balinska will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, slanderous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS
All sales of digital products downloadable upon confirmation of purchase are final. All live online workshops, courses and trainings being given during a specific time period are eligible for refunds under our standard guarantee as stated on each online workshops, courses and training information page. After that time period has passed, no refunds will be given. Caroline Balinska does not accept cancellations once your order is placed.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
CHANGE OF TIME FRAMES
Caroline Balinska offers flexible training and development time frames. If you require to extend any time frames we will do our best to assist you, however we reserve the right to charge an extra fee for timeframes that are changed after initial start date.
Following term & conditions are general, and may be amended for non general projects.
The agreement contained in the contract constitutes the sole agreement between The client and CAROLINE BALINSKA regarding all items included in this agreement.
This agreement becomes effective when payment is received in full and email is received with “I agree to the terms and conditions” by The client. Regardless of the place of signing of this agreement, The client agrees that for purposes of venue, this contract was entered into in Vic and any dispute will be litigated or arbitrated in Vic.
Once project fee is paid in full to CAROLINE BALINSKA any elements of text, graphics, photos, contents, trademarks, or other artwork furnished to The client for inclusion in website are owned by The client
CAROLINE BALINSKA assumes The client has permission from the rightful owner to use any images or design elements that are provided by The client for inclusion in the website, and will hold harmless, protect, and defend CAROLINE BALINSKA from any claim or suit arising from the use of such elements.
CAROLINE BALINSKA retains the right to display graphics and other Web content elements as examples of their work in their portfolio and as content features in other projects. CAROLINE BALINSKA also retains the right to place a text link on the bottom of every page of the website.
Any changes to the above timelines are possible if the The client provides CAROLINE BALINSKA with adequate notice of a late due date and it is given in writing with at least 3 days notice (eg. sometimes people have last minute work commitments).
Dates given in the above timeline are the longest you can take, clients are welcome (and encouraged) to provide content and approvals earlier than scheduled.
Due to the cost of securing coding specialists & graphic designers to complete tasks, all work submitted after deadlines will incur a fee of $200 per day unless agreed otherwise.
Right to Revise. In regards to the SEO and remarkerting -At the end of [initial term – 30 days] either party may end the agreement by giving the other party 30 days notice in writing or by electronic mail.
Time Frame Guarantee – CAROLINE BALINSKA guarantees that the website will be finalised and handed over in full to The client by the date stated on the document “CAROLINE BALINSKA Services Agreement”. Unless held up for any reason by The client, in this case the guarantee is no longer valid and CAROLINE BALINSKA will do it’s best to finish the project in the quickest time possible.
Design Guarantee – If after completing in full the design and development brief provided by CAROLINE BALINSKA, and after the first design stage has been completed, if The client does not think CAROLINE BALINSKA understands the design brief supplied, and if discussions are not providing the results required, The client can cancel the project and ask for a full refund before signing off on the design.
Termination. Client and Consultant enter into this agreement at will. Either party may cancel at any time, for any reason, after a period of 1 month from the The client with express written notice (including electronic mail) to the other party. Any invoiced work not yet paid for must also be promptly paid within 10 business days.
Settlement of Disputes. Any dispute arising between the parties as to the construction or interpretation of this Contract shall be referred to an independent adviser agreed upon between the parties for a declaration of meaning. Where this does not resolve the dispute, the matter shall be referred to the services of a professional mediator to mediate the dispute. Formal legal proceedings shall only be instituted as a last resort.
Acknowledgement. The Client acknowledges that:
a) All websites are built in WordPress. WordPress is highly customisable but limited inside the chosen theme, the client must state all requirements which are needed at the time of brief, at the time of the 1strevision CAROLINE BALINSKA will do it’s best to provide as many changes required as possible. Due to the nature of WordPress there are limitations in which features can be changed, if the client believes they require a customised site, then this cannot be done in the “Basic” & Custom” packages and packages offered. For highly customised websites, the Full Customised packaged is designed for this.
b) CAROLINE BALINSKA will do it’s best to design the website as per the clients instructions, however design elements may not always be guaranteed as it may not be suitable for esthetic or functional reasons. This will all be discussed at the design stage.
c) Search Engine Optimization results can fluctuate and there are risks involved due to uncontrollable third party factors. All work is carried out at the highest level possible.
d) No responsibility is taken for any changes to the website after the website has been transferred to your account. Caroline Balinska will do it’s best to help in the first 10 days after completion, however errors, bugs and changes made after this time may require client to pay for additional work.
All prices are in US dollars. Payments are welcome in Euro Currency.
PRIVATE COACHING/GROUP COACHING/COURSE PACKAGES
During our initial session of any group/private coaching we will discuss your desired income level and the way in which we can achieve that. If you follow all of my training and my recommendations and you don’t see the results we discussed within the time frame we agreed to, then you are entitled to either extra private coaching/mentoring, or a refund of your coaching payment not including any expenses for Caroline Balinska’s travel to and from any coaching sessions.
Your personal business strategies will never be shared with anyone unless your consent has been provided in writing.
All course content provided to you is for your own use only. This can not be passed onto a 3rd party. Caroline Balinska retains full copyright of all content.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Caroline Balinska. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Caroline Balinska remains yours to the extent that you have any legal claims therein. You agree to hold Caroline Balinska harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Caroline Balinskaluding trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, CAROLINE BALINSKA IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF CAROLINE BALINSKAHAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL CAROLINE BALINSKA CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM CAROLINE BALINSKA, AND IF NO PURCHASE HAS BEEN MADE BY YOU CAROLINE BALINSKA CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Caroline Balinska. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Caroline Balinska pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Caroline Balinska shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Caroline Balinska.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
P.E. Tegelbergplein 6, 1019TA Amsterdam NL
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of The Netherlands as applied to contracts that are executed and performed entirely inThe Netherlands. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall beThe Netherlands. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.