1. GENERAL TERMS OF SERVICE

1.1. The following terms and conditions are the conditions of Offerta of Service provision by KAJI Media Limited (Company number 3012049) – a company having its registered office at 7/F, MW Tower, 111 Bonham Strand, Sheung Wan, Hong Kong, providing professional SEO and marketing service hereinafter referred to as «Agency», and contains all the essential terms of the provision of information and consulting services and physical person and/or individual entrepreneurs /hereafter also Customer and/or User/, wishing to receive these services by given conditions.

1.2. The Offerta of Service use is submitted by the User by starting using the services of the Agency.

1.3. The Offerta of the Service can be accessed on the website address: https://kajimedia.com/public-offer/ and by its nature is an official document of the Agency. The published offerta on the aforementioned website is the actual one. It’s the sole responsibility of the User to check and track all the changes of the Offerta. The Agency should not warn the User about changes.

1.5. The Offerta of Service does not require signing and stamped by the Customer and maintaining full force and effect.

1.6. After reading this Offerta of Service, Customer must decide if he/she accepts it. If this Offerta of Service is unacceptable by Customer, Customer should not use or continue to use Agency’s services.

1.7. Other Terms of services are subject to negotiations for every case individually with the Customer by the reception by the Agency of all the required information from the Customer and remain in force until the termination of this Agreement.

1.8. The Agency can by its own discretion unilaterally change the terms of the Offerta of Service.

1.9. If the Customer doesn’t agree with these changes, he/she solves the Offerta of Service, immediately notifying about it to the Agency.

1.10. In case of performing transactions by Account after changes, the changes are considered to be unconditionally accepted by the Customer.

1.11. Unless otherwise is stated, the Offerta of Service considers to be concluded by an indefinite period.

2. TYPES OF SERVICES

2.1. The Agency provides services in accordance with the current rates, and the Customer uses the services according to the current legislation, system rules and conditions of the Offerta of Service, specified in this Offerta of Service, the invoice/s and the Customer undertakes to pay for these services in accordance with the invoice/s.

2.2. Main services of the Agency are:

2.2.1. Suggesting ideas of how to outrank competitors using marketing channels;

2.2.2. Consultation on creation a high-converting sales strategy;

2.2.3. Consultation on developing an effective digital marketing strategy that includes but not limited to the company’s value proposition, key brand messaging, data on target customer demographics, and etc.

2.2.4. Consultation on marketing channels diversification;

2.2.5. Consultation on establishing KPIs for tracking the efficiency of services;

2.3. Additional services of the Agency are:

2.3.1. Research on new possible niches for the product development;

2.3.2. Developing SEO strategies and plans that include the process of planning, outlining and implementing steps designed to improve search engine rankings;

2.3.3. Link building services such as digital marketing services, that help a company to acquire backlinks through link building activities. Link building activities include manual outreach, guest blogging and broken link building, among other tactics;

2.3.4. Website optimisation services that include the process of using controlled experimentation to improve a website’s ability to drive business goals;

2.3.5. Content management services that would include managing a software platform that lets its users create, edit, archive, collaborate, report, publish and distribute information;

2.3.6. Creating Infrastructure for new marketing channels;

2.3.7. Setting up advertisement campaigns that include a set of advertisements that are intended to achieve a particular goal.

3. COST AND ACCEPTANCE OF THE SERVICES

3.1. User is accepting this Offerta of Service by consuming Agency’s services and paying for the Agency’s services. Partial acceptance of this Offerta of Service is impossible, acceptance should mean only that he/she is fully agreed with all the provisions of this Offerta of Service.

3.2. Invoice/s is/are the main source of the costs of services determination by the Agency. Each invoice includes the fixed percentage that is agreed by the parties and may constitute a part of the overall profit increase which was obtained as a result of the increased traffic on the Customer’s website.

3.3. Payment for Services under this Agreement shall be made on the basis of the invoices formed by the Agency.

3.4. Every invoice is due to be paid in 14 days after the date of issuance.

3.5. The accuracy of the Payment is the sole responsibility of the Customer.

3.6. Rates can be changed by the Agency’s decision at any time.

3.7. Fee for the Agency’s services is not refundable and does not include the rates of the bank or/and merchant provider.

4. SEVERABILITY

4.1. The Agency and the Customer acknowledge that this Offerta of Service is reasonable, valid and enforceable.

4.2. If any provision of this Offerta of Service is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Offerta of Service shall remain operative and binding on the Parties.

5. WARRANTIES

5.1. By entering into this Agreement, Customer hereby acknowledge and agree that it is expressly subject to all warranties, promises and guarantees given and made by Customer.

5.2. Agency has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Agency’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.

5.3. The Agency is not responsible for changes made to the web site by other parties that adversely affect the search engine rankings of the Customer’s web site.

5.4. The Agency is not responsible for the Customer overwriting SEO work to the Customer’s site. (e.g., Customer/webmaster uploading over work already provided/optimised).

5.5. Each Party agrees that it has the power and authority to execute and deliver this Agreement, to perform its obligations and to carry out the transactions contemplated under this Agreement;

5.6. Each Party agrees that this Agreement has been duly authorised, executed and validly delivered by it and constitutes the legal, valid and binding obligation of it, enforceable against it in accordance with its terms; and

5.7. Customer agrees to make sure that the execution and delivery of this Agreement and the performance of its obligations under this Agreement will not violate any law, regulation or court order, or breach or cause a default under any agreement to which it is a party.

5.8. Customer represents, warrants and covenants that:

• it has full power and authority to enter into this Agreement and perform its obligations hereunder;
• its performance of this Agreement will not violate any Offerta of Services with third parties;
• all materials and digital files submitted to Agency do not contain any computer viruses or other damaging code;
• all materials and campaigns do not violate any rights of any third parties, including but not limited to copyright, trademark, patents, trade secrets, right to privacy, right of publicity and civil rights; and
• it is familiar with and all materials and campaigns comply with all applicable laws, regulations and industry guidelines, including but not limited to: local, state and international laws regarding marketing and advertising.

6. RIGHTS AND OBLIGATIONS OF THE AGENCY

6.1. The Agency has rights to:

• Provide services by its methods and technologies;
• Use all personal data and confidential information provided by the Customer for provision of services;
• Provide any kind of consultations on additional issues of the Customer and ask for any additional information. The amount and timing of consultations, and the form of consultation is determined in each case independently by the Agency;
• Determine the price of the services provided and to change the terms of this Offerta of Service.
• Independently determine the form and methods of services providing on the basis of legal requirements, technical capabilities, as well as the specific conditions of the agreement taking into account wishes of the Customer.
• Use the services of any third party, as a subOfferta of Service or in the service provision process;
• Not be liable for the information provided by the Customer;
• Receive and demand payments for rendered provided services or for services in progress;
• Refuse providing services for Customer in the case of non-payment (partial payment) for services in a timely manner, at untimely providing of the application for the provision of services;
• Create site content at additional cost to the Customer. If the Customer is interested in purchasing content from Agency, please contact Agency for a cost estimate;
• Receive any information which is necessary to perform its obligations under the Agreement. In case of any incorrect or incomplete information which was provided by the Customer the The Agency is entitled to stop providing Services under the Agreement before its provided with the necessary information.

7. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

7.1. The Customer has a right to:

• Receive services after fully payment the cost of Agency’s services in the order, in time and in the amount set individually;
• Be informed about services progress;
• Receive additional services, if ordered;
• Submit claims to the Agency.

7.2. The Customer is obliged to:

• Provide the Agency with all the information and data which would be necessary to fulfill its obligations under Agreement.
• Take responsibility for the content of information provided to the Agency in order to obtain the services.
• Make sure that the content of the information provided to the Agency complies with the law of the country where the services are being provided.
• Not disclose confidential information and other data provided by the Agency in connection with the execution of this Offerta of Service Agreement.
• Provide Agency with the following:
• Administrative/back end access to the website for analysis of content and structure;
• Permission to make changes for the purpose of optimisation, and to communicate directly with any third parties, e.g., Customer’s web designer, if necessary;
• Unlimited access to existing website traffic statistics for analysis and tracking purposes;
• All data, documents, content, art or other information needed by the Agency without which Agency cannot provide services under this Agreement.
• Authorize Agency to use all Customers intellectual property rights while creating informational pages and for any other Services related matters.
• Provide additional text content in electronic format for the purpose of creating additional or wider web pages.

8. CONFIDENTIALITY

8.1. The Parties ensure the information protection exchanged between each other within the Offerta of Service frames.

8.2. The Agency ensures the confidentiality of the Customer’s personal data. The information may be disclosed by the Agency exceptionally in those cases and to that extent, that is required by the law, or is necessary for Service provision, for the legal of Agency’s violated rights /as well as judicial defense/. In all other cases, such information may be disclosed only with the consent or order of the Customer. The Agency has a right to reveal the details of transaction and personal data of the person making payment to a person receiving the payment.

8.3. The information, received by another means, without violating the confidentiality requirements, is not considered confidential for the Offerta of Service purposes.

8.4. The Customer bears all the risks of negative effects in case of providing inaccurate information to the Agency.

8.5. This clause shall survive termination of the Offerta of Service Agreement and remain in force for the period of 5 years after such termination.

9. GOVERNING LAW AND DISPUTE RESOLUTION PROCEDURE

9.1. This Offerta of Service is subject to and governed by the laws of Hong Kong.

9.2. Everything that is not covered by this Offerta of Service, should be understood as in and governed by the laws of Hong Kong.

9.3. If Customer submitted a claim concerning the quality or timely manners of Services provided by the Agency. Such claims are taken into consideration within 5 (working) days from the date when the claim is received by the Agency.

9.4. Agency and the Customer taking into account the nature of the Service provided and undertaken in the case of disputes and disagreements relating to the provision of Services to apply the pretrial procedure for settling the dispute.

9.5. The parties shall seek to resolve aroused disputes kindly, through negotiations and consultations.

9.6. In case of absence of a mutual agreement to resolve the dispute, it is resolved according to the order stated by the legislation of Hong Kong.

10. OTHER PROVISIONS

10.1. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Offerta of Service Agreement. Words in the singular mean and include the plural and vice versa.

10.2. No failure or delay by either party to this Offerta of Service Agreement in exercising any power, right or privilege provided in this Offerta of Service Agreement will operate as a waiver, nor will any single or partial exercise of such rights, powers or privileges preclude any further exercise of them or the exercise of any other right, power or privilege provided in this Offerta of Service Agreement.

10.3. This Offerta of Service Agreement will insure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns, as the case may be, of the Agency and the Customer.

10.4. This Offerta of Service may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.

10.5. This Offerta of Service constitutes the entire agreement between the parties and there are no further items or provisions, either oral or written. The parties to this Offerta of Service Agreement stipulate that neither of them has made any representations with respect to the subject matter of this Offerta of Service Agreement except such representations as are specifically set forth in this Offerta of Service Agreement.

10.6. The time of conclusion of this Offerta of Service Agreement shall be the moment of payment enrolment to the Agency’s account.

10.7. The Customer enters into this Offerta of Service voluntarily, while the Customer:

• Fully acquainted with the conditions of the Offerta of Service;
• Fully understands the subject and conditions of the Offerta of Service;
• Fully understands the meaning and consequences of their actions in relation to the conclusion and execution of the Offerta of Service.

10.8. The Customer has all the rights and powers required for the conclusion and execution of the Offerta of Service.