Terms of Service
1. CLIENT APPROVAL TERMS
Any order placed on this website is subjected to the terms and conditions below. When you place an order, you (as the client) agree that you have read, understood and agreed to all terms set forth here.
2. WEBSITES THAT ARE NOT ACCEPTED
We will not accept websites containing:
- Phishing, Trojans, Adwares, Malware and Other Harmful websites
- Website including Illegal content (black markets, drugs, etc…)
3. ORDER PROCESSING & DELIVERY SPEED
After a client places an order, campaign is automatically created on our partner networks advertising platform and undergoes a manual review of submitted URLs. Verification is done to make sure that site content complies with advertising policy. Approval of submitted URLs is done within 1 hour after which campaign Go LIVE immediately. Approval can take up to 24 hrs during busy days (Christmas season, for example), weekends or holidays and up to 48 hrs in case of long state holidays, for example.
Your campaigns may needs 24 hrs to fully adapt to receive theirs daily volumes of visitors right after theirs approval or right after theirs recent changes.
This will not impact your total volume of visitors ordered as we do have 24/7 monitoring and automatic adjustments in place that automatically pro-long or set higher number of daily visitors for your campaigns so total volume of visitors will be met.
Subscriptions recur monthly. Clients are responsible for taking action prior to renewal if you do not want your subscription to renew automatically. You might not receive further notice of your renewal after signing up for an account or subscription.
You are responsible for ensuring that the credit card associated with your account or subscription is up to date, that information posted in connection with it is accurate, and that you are authorized to use it. If the Company cannot charge your credit card, we may cancel your subscription and you may lose access to the Service and any data associated with your subscription.
You are responsible for all taxes associated with your purchase of Best Web Traffic services (such as sales tax), and such taxes will be in addition to the fees quoted.
6. CUSTOMER ERRORS & ORDER BREAKDOWN
The client is responsible to provide correct information during the ordering process and during the time campaign is or can be still running.
7. CAMPAIGN MONITORING
During ordering a client has option to create his/her account automatically. In order to track your visitors we recommend using Google Analytics.
We take no responsibility whatsoever for incorrect implementation of tracking tools and its unstable loading or inability to load at all, of these tools on customers websites as well as for any 3rd party tracking tools that are not directly placed on website itself, like URL shorten-er or online SEO Tools, for example.
Tracking tools that are directly placed on your website can show up to 70% less visitors that your website received as visitors that use Ad Blocking tools that block most common tracking tools or are in any way blocking tracking request sent to their browser are not counted into your visits by your tracking tool.
But your website will still be displayed to these visitors as we are using Anti-Ad Block Solutions that provides completely different methods of delivery than most common ones used by banner or video ads.
That is because Ad Blocking tools detect only most commonly used patterns in ads delivery and tracking URLs.
Ad Blocking can be simulated by following:
Place a random image with following name on your website (that will be considered as banner Ad by Ad Blocking tools): googleads.png
This image will not appear if website is loaded with Ad Blocking tool turned on.
Re-name the image to, for example: myimage.png; and it will appear even with Ad Blocking tool turned on.
3rd party tracking tools that are not directly placed on your website, like URL Shorterer, for example, can show completely different statistics of your campaigns traffic and your websites traffic overall as those 3rd party tracking solutions does not has direct access to your website which is necessary for correct tracking of your websites traffic.
Website traffic tracking platforms that are not directly placed on your website, like Alexa, for example, will not show exact statistics for your websites and can take up to 1 – 3 months to reflect your websites statistics on their platform as these tools works with bulk data and have a low accuracy for volumes and sources of traffic coming to your website.
There are no exact traffic sources because your campaigns traffic is coming from websites that are provided in segments to us; Example: “howtocook.com” is provided to us as “meat-kitchen”.
This has no impact on your campaigns results as these segments are showed individually and we see how your campaigns is performing on each individual segment and are able to take actions in case of good results or anomaly from some segment.
8. SITE UNAVAILABLE
Should a client’s website, for whatever reason, become unavailable, the client holds us blameless. Should the unavailability be from over-ordering (more visitors than client hosting can actually handle), the client is responsible. We have no knowledge of the hosting of a client that his URL is using so we cannot promise his hosting quota and uptime. Campaigns running during the clients websites downtime is not refundable. It’s up to the client to ensure that his/her website is in working order.
9. REFUNDS POLICY
Client can request a full refund for unwanted campaign, if the campaign did not started yet or partial refund for his campaign’s unused days at any time, where his request will be fulfilled within next 24 hrs, starting from the moment the customer’s refund request was received. The only time a client is eligible for a full refund for campaign that has been already running is only if he met our 30 days money back guarantee policy below:
In order to be eligible for 30 Days Money Back Guarantee we would need to fail on delivery either by delivering less than 50% of your campaign’s total number of visitors that your campaign has to have delivered based on number of days your campaign either is or was running after your campaign was LIVE for at least 5 days or by not delivering your total volume of visitors your campaign has and exceeding more then 7 days of yours campaign’s duration.
*Days for which campaign was running are not including days where campaign was awaiting approval because of URL change that can take up to 24 hrs or where campaign was paused or where excessive pausing and enabling of campaign has taken place.
This request will be respected within 30 days from the time the order has been fully paid for. Past that, no refund will be made.
10. CAMPAIGN SIGNUPS/SALES AND CONVERSIONS
We do not guarantee a client will receive sales/signups/conversions from the campaign. Our guarantee is that we will full fill the campaigns number of visitors our client ordered. So, if nothing comes from the campaigns sent, we are held blameless and will not issue a refund. We also suggest reading carefully the Terms Of Service of any CPA or affiliate program you are going to use with our service. We cannot be held responsible for any outcome from those providers as they has their own rules for marketing.
11. CANCELATION OF SERVICE
You may cancel your account and the recurring billing at any time. Should you wish to cancel, you can do so through your account or by contacting us via email. You will continue to have access to the Site and Service until the end of your subscription term. You can add more visitors to your subscription by adding additional campaigns to your current subscription or you can remove your campaigns from your current subscription in your account at any time and you will be billed the higher/lower amount based on your change on your next renewal date.
12. SERVICE LIMITATIONS
Best Web Traffic may establish limits concerning use of the Service at its discretion, including by way of example the frequency with which you may access the Service. Best Web Traffic reserves the right to modify or discontinue the Service (or any part or feature thereof) at any time without notice. You agree that Best Web Traffic shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
In order to ensure that no system outage occurs and there is no abuse of the Service (either by manual use or using an automatic access), the Company may use its discretionary right to limit or restrict the access whenever it considers, at its sole discretion, that the Service is used abusively. Also, the Company is free to conduct any investigation on this matter and determine the reasons for the improper use and take any decisions on this matter.
13. TRADEMARKS; COPYRIGHTS; PROPRIETARY RIGHTS
Best Web Traffic owns the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site (“Best Web Traffic Content”).
Best Web Traffic also owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the Best Web Traffic Content, the Site, and Service, which are protected by applicable intellectual and proprietary rights and laws.
Users may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Best Web Traffic Content in whole or in part except as expressly authorized in writing by Best Web Traffic. Best Web Traffic does not grant any express or implied rights in Best Web Traffic Content to Users, and all rights in and to the Site and to Best Web Traffic’s Content are retained and reserved by Best Web Traffic.
Moreover, the term Best Web Traffic and anything on the site that identifies or distinguishes Best Web Traffic from other goods and services are registered or unregistered trademarks of the Company (the “Best Web Traffic Trademarks”). Except as otherwise permitted by law, you agree not to display or use in any manner the Best Web Traffic Trademarks without the Company’s prior written consent.
14. USER INDEMNIFICATION OF BEST WEB TRAFFIC FOR CERTAIN ACTIONS
Users agree to indemnify and hold Best Web Traffic and its affiliates, officers, agents, subsidiaries, partners and employees harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) User Generated Content you submit, post, transmit, or make available through the Service, (ii) your unauthorized use of the Site or Service, (iii) your connection to or use of the Service, or (iv) your violation of the Terms of Service, or (v) your violation of any rights of another including but not limited to another’s copyright or other intellectual property right.
15. BEST WEB TRAFFIC WARRANTIES AND LIMITATIONS
BEST WEB TRAFFIC, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. BEST WEB TRAFFIC DOES NOT WARRANT THAT SITE OR SERVICES WILL BE ACCURATE, ERROR-FREE, VIRUS-FREE, OR UNINTERRUPTED OR THAT IT WILL MEET ANY SPECIFIC REQUIREMENTS OF A USER OR CLIENT, AND MAKES NO GUARANTEES AS TO THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
16. LIMITATION OF LIABILITY
You acknowledge that Best Web Traffic cannot provide the Service at a fair price without limiting its liability as set forth herein. Thus, as an express condition of use of the Site or Service, you agree to limit Best Web Traffic’s potential liability to you as described in this clause. This limitation of liability is a fundamental element of the basis of the agreement between Best Web Traffic and you as a User.
Best Web Traffic does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will Best Web Traffic or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any Users.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEST WEB TRAFFIC BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA OR OTHER INFORMATION, USE, GOODWILL) ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE OR SERVICE. WITHOUT LIMITING THE ABOVE, BEST WEB TRAFFIC SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM (A) CHANGE IN SEARCH ENGINE RANKINGS; (B) UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNTS; (C) ANY ALTERATION, CORRUPTION, DELETION, DAMAGE OR LOSS OF ANYTHING USED IN CONNECTION WITH THE SITE OR SERVICE; (D) FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION WITH RESPECT TO THE SITE OR SERVICE; (E) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ONLINE ACCESS TO OR USE OF THE SITE OR THE SERVICE; (F) INCOMPATIBILITIES BETWEEN THE SITE OR THE SERVICE AND OTHER SERVICES, SOFTWARE OR HARDWARE; (G) ANY THIRD-PARTY CONDUCT OR TRANSMISSIONS OR DATA. THESE LIMITATIONS ON LIABILITY APPLY EVEN TO LOSSES OF WHICH BEST WEB TRAFFIC KNEW, OR SHOULD HAVE KNOWN, OR HAS BEEN ADVISED OF THE POSSIBILITY. SUCH LOSSES WILL NOT CONSTITUTE A FAILURE OF THIS AGREEMENT’S ESSENTIAL PURPOSE.
Some states, provinces, and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to Users in these jurisdictions.
If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Best Web Traffic or any affiliates, direct damages up to an amount equal to your Services fee for the month during which the breach occurred. You can’t recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything o Reservation of rights
17. RESERVATION OF RIGHTS
Best Web Traffic reserves all rights not expressly granted in these Terms of Service. No additional rights (including implied licenses, rights or covenants) are granted by implication, estoppel or otherwise. r any claims related to these Terms, the Services, or the software related to the Services.
18. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
As a consequence of the global nature of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which you reside.
You may access the Site as a user (“User”) with or without creating an account. While access to certain components of the Site and selected features of the Service are free, the Company reserves the right to charge fees for features and benefits associated with the Site or Service at any time and without notice.
Company reserves the right to cancel, suspend, or block access to the Site or Service at its sole discretion for violations of these terms, or for any other reason and without notice.
19. CONDITIONS GOVERNING ALL USERS
- The Service is available only to Users who are 18 years of age or older, and Users who are also Clients must be at least 18 years old.
- The Service is available only to Users who submit truthful and accurate information about themselves and maintain the accuracy of such information.
- The Service is available only to Users who do not impersonate any person or entity or otherwise misrepresent their identity in a profile or elsewhere on the Site.
- The Service is available only to those with a valid email address.
- The Service is available only to those who agree not to authorize others to use their account, profile, or messages.
- The Service is not available to any employees or affiliates of Google, Bing, Yahoo and their parent companies and those of any other major search engine, and by accessing the Service you agree not to reveal any information you gain from our Service to any of these entities or their representatives.
- Users agree to inform Best Web Traffic immediately upon learning of a security breach that relates to their account or a third party’s improper use of the Service in connection with their account.
20. MISCELLANEOUS CLAUSES
Electronic Form. By accessing the Site or Service, you consent to have this Agreement provided to you in electronic form. Please print a copy of this Agreement for your records.
Notices. If Best Web Traffic must send you additional information regarding the Site or Service or in connection with this Agreement, you consent to receive this information electronically. Best Web Traffic may provide required information to you by email at any address you registered with the Site or Service or via the Site or Service itself. Notices provided to you via email will be deemed given and received on the transmission date. You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. Best Web Traffic is not obligated to notify you if changes are made to this Agreement, so please check the terms regularly.
Additional Rights and Obligations. If any provision of this TOS is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remaining provisions will remain in full force and effect. Any party’s failure to act with respect to a breach of this Agreement does not constitute a waiver or affect that party’s rights to act subsequently. Users may not assign rights or delegate any duties under this Agreement. Best Web Traffic may assign rights or delegate duties under this TOS in connection with a merger, reorganization, or sale of substantially all of its assets. This TOS will bind successors and permitted assigns.
Any questions or legal issues with respect to this agreement should be addressed to:
L. Svobodu 34
909 01 Skalica
via email at [email protected]