Pear Analytics provides various services related to Internet marketing, including but not limited to search engine optimization, content development, pay-per-click advertising, infographics, and split testing. The focus of these Terms and Conditions are to identify the commitments and responsibilities for both Pear Analytics and the Customer.
COPYRIGHT AND OWNERSHIP
(A) Pear Analytics owns the intellectual property rights to any protectable part of the Services, including but not limited to processes, reporting, software and documentation. You may not copy, modify or reverse engineer any part of the Service owned by Pear Analytics.
(B) Pear Analytics respects the intellectual property of others. Pear Analytics will not copy or duplicate work or content that may constitute a copyright infringement, or violate any intellectual property rights.
(C) The Customer owns any written content or website that Pear Analytics has created for the Customer under any agreed Workscope. This means that if you cancel our arrangement, we will not retract any piece of content or link that we have built for you. You paid for it. You own it.
(D) The Customer will own and control the Google AdWords account, and give Pear Analytics manager-level access to it. This way, if we ever part ways, there is no lengthy and difficult transfer process. You own the account and decide whom you want to give access to.
(A) Pear Analytics will require admin level access to several third-party accounts in order to get the required data and perform the Services. The kinds of accounts we will need access to include, but are not limited to: Google Analytics, Google AdWords, Facebook, Twitter, YouTube, and others.
(B) Pear Analytics will require admin level access or FTP access to your website in order to make the necessary changes for better optimization. Pear Analytics is not liable for any damage or data loss to the website during these types of changes. Because of this, we recommend setting up a staging environment where we can make the required changes, and an internal employee can push our changes to a production environment once approved.
Pear Analytics is a products and services company, where all transactions for related services are handled through an automated credit card billing system. For larger customers, we will honor a pay-by-check arrangement.
Pay by credit card. Please go to the secure page given to you in your proposal for setup and initial payment. The day you sign up is your monthly billing date, except for any sign-ups that occur on the 29th, 30th or 31st of the month. Those billing dates will recur on the 28th of each month.
Here are some things you should know about our billing system:
(A) Pear Analytics does not store any credit card data internally, and uses a PCI-compliant recurring billing system to handle the monthly transactions.
(B) The Customer is responsible for ensuring their credit card information is current. The billing system will remind you if a change needs to be made
(C) Pear Analytics reserves the right to cancel or suspend any Services until any payment issues are resolved.
(D) Any extra work requested by the Customer not included in your monthly-billed amount for services will be paid by incurring an extra charge the day of the request.
(E) Pear Analytics reserves the right to collect any unbilled work performed, or savings passed on to the Customer upon termination, or early termination.
the Customer may have a month-to-month agreement, and the Customer may cancel their services at any time. A 30-day notice must be provided in writing to email@example.com to initiate a cancelation. If your account is scheduled to be billed during the 30-day period, you will receive one final month of deliverables. A Customer may also have a twelve (12) or twenty-four (24) month agreement where early termination fees may apply.
UPGRADING & DOWNGRADING
The Customer may elect to upgrade or downgrade their account on their next billing cycle only. Any plan savings percentages will stay the same, and be calculated at the new monthly billing rate.
EARLY TERMINATION (FOR LONGER TERM AGREEMENTS ONLY)
While the Customer has the option to cancel the contract at any time, the Customer agrees to reimburse Pear Analytics for any savings pro-rata during the contract if canceling before the term of the contract has passed. For example, if we extended you $1,000 in savings on a 12-month agreement, and you cancel in month 6, the Customer agrees to pay ½ of the extended savings back to Pear Analytics.
Advertising fees, including Google AdWords, Yahoo, Bing, Facebook, LinkedIn, etc. will be paid directly by the Customer.
(A) Pear Analytics requires auto-billing for any advertising platform, where available. This prevents the campaign from starting and stopping.
(B) Pear Analytics discourages the Customer from going into any of the advertising platforms and making any changes to a live campaign. Any changes to any Services must be requested through our Project Management System by creating a Discussion or Ticket to make any necessary changes. Emails will not be accepted.
The Customer will receive a report on the progress of their campaign(s) every 30 days, unless otherwise specified. PPC campaign reports may not coincide with SEO reporting since it could take several days or weeks to set up a PPC campaign and begin collecting data.
APPROVALS & INSTALLATION
It is crucial that the Customer is actively involved in the approval process. This is especially true if we are developing content for your web property. Pear Analytics wants to ensure that all content is not only technically accurate, but has the proper voice and sells your products or services effectively in the copy.
(A) The Customer must approve all copy or other content that will be placed on the website, or syndicated externally unless otherwise stated.
(B) The Customer acknowledges the seventy-two (72) hour time limit on approving or providing any feedback on written content or page optimization reports. This keeps the process moving so Pear Analytics can maintain the delivery schedule.
(C) If the Customer is installing any of the content or page optimizations provided by Pear Analytics, the Customer acknowledges that timeliness is a factor, and that the performance of the Services are directly affected by how quickly these changes are installed.
Pear Analytics respects the Customer’s privacy. Pear Analytics will not share or disclose any information about the Customer, including but not limited to analytical or traffic data, advertising data, customer data, financial or sales data, and any other private information about the Customer. Pear Analytics will request in writing the use of any information for things such as case studies or customer success stories.
Pear Analytics is happy to sign a Customer-provided mutual Non-Disclosure and Privacy Agreement at the request of the Customer. Otherwise the Company will provide one.
Pear Analytics will review the Customer’s account every six (6) months and determine what changes (if any) will need to be made to improve the performance of the Services. We are committed to the success of our Customers.
In no event will Pear Analytics be liable to the Customer, or any third party, for any damages, lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation or inability to operate email, the website, SEO campaign, PPC campaign or any other Services. This includes any copyright, trademark, patent, tort, contract, or any other claim.
Both Pear Analytics and the Customer reserve the right to cancel this Agreement at any time for any reason. The Customer agrees to provide a written 30-day notice before canceling. If your billing date falls within the requested termination date and the 30 days, then you will be billed one last time and all deliverables will be sent to you in a timely manner. The Customer agrees to compensate Pear Analytics for any un-billed work performed at the time of termination. If the Customer requests termination prior to the end of the term outlined in a statement of work (SOW), Customer must pay Pear Analytics, within 30 days, the sum of all discounts that were provided in consideration for the length of the agreement. Pear Analytics will help transition the account to another service provider if necessary.