Terms of Service
Advertising Agreement
TERMS
By making purchase or signing agreement, undersigned guarantor, herein known as CLIENT
Has hired Netsurf Advertising, LLC d/b/a Your TV Ads herein known as YTVA for the period defined by CLIENT’s subscription, to:
· Create TV Still framed television advertisement
· Display CLIENT’s television advertisements approximately every 3 minutes in CLIENT’s community (Times based on operating hours of host locations)
· Display CLIENT’s television advertisements on dedicated television(s) within CLIENT’s purchased market (A market is defined as at least 5 locations, but typically consists more. Host locations and markets may change depending on YTVA needs)
· Charge CLIENT’s credit card or deduct from ACH Bank Draft for any payments due or invoice CLIENT for any additional charges
· Display CLIENT’s business on our websites
· Create and display webpage with CLIENT’s advertisement (ex. www.YourTVads.com/your-business-name)
· Provide discounts and coupons for discounted services to customers on CLIENT’s behalf
· Create and display coupons for CLIENT’s business
· Use business image, discount, and information in any web based marketing on behalf of business
Cancellations
-Upon execution of the purchase, there are no cancellations and no refunds.
-All Subscriptions are continual and self-renewing.
-Subscription cancellations must be received 30 days prior to CLIENT’s renewal date.
-CLIENT’s renewal date shall be based on CLIENT’s original purchase date, regardless of CLIENT’s start date for CLIENT’s Ads.
-Upon cancellation, CLIENT’s advertisement may continue at no charge to display until the earliest time that YTVA has a chance to remove it from the Display Schedule.
-To ensure documentation of cancellations, YTVA only allows one method to cancel.
-YourTVads.com reserves the right to discontinue CLIENT's advertising at any time. If CLIENT's advertising is canceled for any reason except an account being past due, CLIENT shall be eligible for prorated refund of the advertising paid for but not received.
THE ONLY WAY TO CANCEL CLIENT’S RENEWAL IS TO:
SEND AN EMAIL TO OUR CANCELLATION TEAM. CLICK HERE
CLIENT’s Advertising Design
- YTVA will design CLIENT’s advertisement, and CLIENT will be provided 1 design with unlimited modifications. If CLIENT is unhappy with the design, YTVA will provide one additional design with unlimited modifications. If CLIENT is unsatisfied with either ad design, CLIENT will be required to submit CLIENT’s own design within 15 days. If CLIENT has logos, pictures, and/or color schemes please email design team.
-Upon completion of CLIENT’s advertisement design, YTVA will email CLIENT’s advertisement to CLIENT’s supplied email address. Unless YTVA receives a response denying or requesting changes within 3 days, CLIENT’s advertisement will be considered as approved.
-Changes to design may be requested at any time, there is a $50 fee for changing CLIENT’s advertisement.
Non-Payment
YTVA reserves the right to suspend or cancel CLIENT’s advertisements from the display schedule for non-payment within 15 days of CLIENT’s account being past due. Guarantor agrees to be personally responsible for any this agreement, all payments due, having CLIENT’s account rebilled at default rate (currently $300 per year per television location), attorney’s fees, collection costs and 2% interest per month (24% per year). If CLIENT’s account is suspended or canceled, and CLIENT pay off CLIENT’s past due amount, YTVA will (within 45 days) restart displaying CLIENT’s advertisement for the remainder of CLIENT’s subscription, however, the advertising time lost due to suspension or cancellation will be forfeited.
Indemnification
YTVA will obtain prior approval from CLIENT and/or CLIENT’s Company before displaying CLIENT’s advertisement or website for public consumption so that CLIENT’s Company is fully aware of all claims, statements or presentations made by YTVA on CLIENT and/or CLIENT’s Company’s behalf. Therefore, CLIENT and/or CLIENT’s Company will indemnify and hold harmless YTVA, its officers, its parent company, directors, employees, sublicensees, customers, host locations of the televisions, and agents from and against any and all claims, losses, liabilities, damages, expenses and costs (including attorneys’ fees and court costs) that result from statements, presentations, claims, publication of documents in any medium and other actions that YTVA undertakes on CLIENT/CLIENT’s Company’s behalf to satisfy the terms and intent of this Agreement, provided that YTVA gives CLIENT and/or CLIENT’s Company written notice of any such Claim and CLIENT and/or CLIENT’s Company has the right to participate in the defense of any such Claim at its expense. In the event of a legal disagreement, or failure to fulfill the terms of this agreement, CLIENT agrees that the maximum damage shall not exceed the total value of the contract.
Not Responsible for Acts out of our Control
YTVA shall not be held liable for television downtime at locations when host locations televisions are turned off, business is closed, downtime on the internet, or server problems. YTVA is, of course, very concerned about these issues and are in host locations are obligated to notify us with any problems to ensure that when there is downtime, it is minimal. Host locations sign contracts with penalties agreeing to have the televisions turned on during operating hours, and to report any issues within 4 hours. YTVA also does random spot checks at our host locations to ensure they are running the advertisements. CLIENT agrees that the maximum liability for any damage for any reason shall be worth a prorated one month of advertisements. YTVA aims at providing the top service possible, however, errors and omissions are occasionally a part of any ongoing tech project, YTVA shall not be held liable for any damages related to errors and omissions, specifically, but not limited to ad design, content, and data.
Coupons
CLIENT agrees to honor the coupons listed on CLIENT’s site. If YTVA receives complaints of CLIENT’s business not honoring its coupons, YTVA reserves the right, at the discretion of YTVA to stop CLIENT’s business from creating coupons or indefinitely suspend CLIENT’s business from our website and from our TV network. CLIENT will receive no refund of lost services if CLIENT’s account is suspended. CLIENT also accept and agree that the default coupon is set to a 20% discount, unless CLIENT notifies us through the registration process or via email, stating what discount CLIENT would like for CLIENT’s initial coupon. Future coupons will be created by CLIENT when CLIENT is logged into CLIENT’s merchant account to www.YourTVads.com.
Images
Advertisements on our website and that go on our TV network are created by images of CLIENT's business, typically found on CLIENT's web site and/or Facebook page. Unless CLIENT specifically emails our design team informing them which images may not be used, YourTVads.com understands that CLIENT is the owner of all of these images and that CLIENT approves of the use of these images for any purpose YourTVads.com deems relevant to the marketing of CLIENT's business or for YourTVads.com marketing purpose. YourTVads.com will do its best to accommodate design requests, if CLIENT is unsatisfied with the design or the re-design of CLIENT's advertisement, CLIENT may submit CLIENT's own advertisement at CLIENT's own expense (subject to YourTVads.com approval). No credit will be issued for advertising air time lost due to images not being approved.
ACH Discount
In order to keep collection costs down, CLIENTs who do not pay their subscription via ACH Auto Bank Draft for current and future charges will be ineligible for the best possible rate.
(Update 06-01-16)
Minimum Term
In order to keep the cost of our advertising down, all agreements are for a term of not less than 6 months, starting from the first monthly charge. CLIENT may not cancel their account prior to this renewal date.
Changes to Terms and Conditions
YTVA reserves the right to change the terms and conditions on this page from time to time. If CLIENT no longer wish to be bound by the current terms and conditions, and wish to have CLIENT’s advertisements removed CLIENT must provide written notice via
Email cancellation department. Upon notification, YTVA will remove CLIENT’s advertisements within a reasonable time. No refunds will be provided.
By making a purchase, CLIENT agrees that CLIENT has read and agrees to all term listed on this page and agrees to purchase the package selected on their contract.
Addendum for Television Host Locations
Host Location Agreement
Terms and Conditions
Congratulations and thank you, if CLIENT has been selected as a candidate for our Television Host program. Upon approval from YourTVAds.com, the following are the Terms and Conditions CLIENT agrees to:
Under this program, YYVA provides CLIENT's business with advertisements at other busy businesses in CLIENT's community, our website www.YourTVads.com, as well as provide internet marketing to drive customers to YourTVads.com web page at a discounted rate for CLIENT's business. CLIENT agrees to allow Your TV Ads, a division of Netsurf Advertising, LLC to:
1. Allow YourTVAds.com to have 100% dedicated use of at least one assigned television in CLIENT's location in a high traffic location within CLIENT's business, and without any competitor digital signage televisions within CLIENT's business.
2. Advertise CLIENT's business in our other locations.
3. The CLIENT Marketing Agreement terms and conditions listed on
Requirements
1. Exclusive use of at least one assigned television within CLIENT's business for at least 3 years
2. Internet connection and strong Wi-Fi Signal near television or CLIENT agrees to pay to have Ethernet cable run from CLIENT's router to the television.
3. HDMI inputs on Television
4. No competitor's digital signage advertising systems are allowed on CLIENT's property.
Terms
1. CLIENT agrees to have the assigned television(s) turned on and displaying our advertisements at all times CLIENT's business is open to the public.
2. CLIENT agrees to pay, at CLIENT's own expense for all costs associated with the installation and operating costs of our equipment (CLIENT's electric bill, internet, etc., required routers, Ethernet cables and installation labor), and repair or replacement of television within 10 days of any malfunctioning television. In the event CLIENT's television is not replaced within 10 days, CLIENT agrees to pay for the cost of replacing CLIENT's equipment, plus up to $250 for installation and delivery.
3. CLIENT agrees to allow access to any YourTVAds.com representative for spot checks, maintenance, or equipment changes, at any time during CLIENT's normal business hours. .
4. CLIENT agrees that any equipment provided by YourTVAds.com is property of YourTVAds.com, and that YTVA must be informed of any changes in ownership of CLIENT's business, any bankruptcy filing, any closing of CLIENT's business, moving CLIENT's business immediately, or any damage to our equipment. CLIENT agrees to be personally liable for our equipment.
6. CLIENT agrees to email host support, or call in and report as soon as possible, but at least within 24 hours of occurrence of any damage, equipment malfunction, potential issues, broken televisions, mounting problems, so that YTVA may address the issue in a timely manner.
7. CLIENT agrees that the term for this agreement shall not be less than 3 years, and will automatically continually annually thereafter from CLIENT's signup date. To stop being a host location, CLIENT must at least 15 days prior to a renewal, email cancellation department, specifically stating that CLIENT is a Television Host location and wishes to no longer be a Television Host location. If CLIENT no longer wishes to be a Television Host location, CLIENT may be given the option to purchase the equipment at a prorated discounted price, based on the age and cost of the equipment. If CLIENT declines this option, YTVA will remove our equipment within a reasonable amount of time.
8. CLIENT agrees that YourTVAds.com has the option, at any time, to remove our equipment and remove CLIENT's business from our Host Location program. If YTVA elects to remove CLIENT's business from our Host Location program:
1. YTVA may continue to air CLIENT's advertisements for the remainder of CLIENT's term.
2. YTVA may remove equipment.
3. YTVA may offer CLIENT the option to purchase the equipment at a prorated discounted price, based on the age and cost of the equipment.
9. CLIENT agrees that this advertising is important to the other customers who are paying for the advertising on these televisions, therefore any time the television is not displaying our advertising during regular business hours for any reason CLIENT agrees to be subject a performance penalty up to $50 per occurrence after two warnings and for $1500 penalty on the 6th occurrence. Technician service calls for equipment failure are no cost to CLIENT, if downtime or errors are due to any other reason other than equipment failure; CLIENT agrees to pay the $75 service call fees and any other costs associated with restoring the equipment. YTVA will contact CLIENT when a report is received, to find reason for the downtime, and to see if YTVA needs to send out a YourTVAds.com repair technician.
12. CLIENT agrees to provide a discount or special of CLIENT's choice to users of yourtvads.com, who present a coupon at CLIENT's business.
13. CLIENT agrees to defend, indemnify and hold harmless, Netsurf Advertising, LLC, Your TV Ads d/b/a Netsurf Advertising, LLC, their owners, partners, officers, installers and staff for any third-party claims which may arise from any services or equipment performed or installed at CLIENT's business location. CLIENT understand that inspection of the installation of equipment is CLIENT's responsibility regardless of paid or free installation and certify that CLIENT will or have obtained any required permits and inspections needed.
14. In the event CLIENT cancels early or fails to meet the expectations of this agreement, CLIENT agrees to pay for CLIENT's advertising at the default rate of $200 per TV location advertised on per year for the remainder of CLIENT's current agreement.
15. CLIENT agrees to pay an equipment replacement cost for lost or damaged equipment.
- Media players- $200 plus service call fee
- Mounting Brackets $75 plus service call fee
- YourTVads.com supplied television, our cost plus 20%, plus service call fee
- Media player remotes- Each remote only works with assigned Media Player, therefore both must be replaced if remote control is lost.
- Service Call fee- $100
16. Cancellation of Service by YourTVAds.com- YourTVads.com reserves the right to cancel this agreement at any time for any reason. Accounts with past due balances or with more than one performance penalty issued will be ineligible for any refunds and are considered as an account not in good standing. If CLIENT's account is in good standing and is cancelled and yourtvads.com equipment is returned, CLIENT will be eligible to receive a full refund of CLIENT's yourtvads.com hosting set up fee (maximum $200). CLIENT will also receive prorated refund of all money paid for unused advertising, beyond the free advertising included by yourtvads.com for being a host. No credit will be issued for the free advertising that CLIENT was to receive as a host. CLIENT will not receive any compensation for purchases of equipment or installations made by CLIENT in order to be a host, since this equipment shall remain the property of CLIENT.
17. Customers who purchase a plan that includes All TV's, All TV's is defined as All TV's that at the time of purchase have available advertising space.