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Terms of Service

 

1.Introduction

Welcome to eComAce Agency, operated by eCommate, registered in the Netherlands under KVK number 87014750. These Terms of Service govern your use of our services and constitute a legally binding agreement between you and eComAce Agency. By engaging our services, you agree to comply with these terms.

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2. Services Offered

eComAce Agency provides the following services:

  • Facebook Ads

  • Creative Strategy

  • Shopify Store Management

  • Ad Script Writing

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These services are customized based on the client’s specific requirements, as outlined in the service agreement or proposal.

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3. Client Responsibilities

To ensure effective service delivery, clients must:

  • Provide necessary access to ad accounts and related platforms.

  • Deliver all raw video content and creative materials in a timely manner.

  • Ensure that all content provided complies with applicable laws and regulations.

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Failure to meet these responsibilities may delay service delivery or affect campaign results.

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4. Commission-Based Payment Terms

  • eComAce Agency operates on a commission-based model, where the commission is calculated as a percentage of the total ad spend. The percentage rate varies depending on the client and the scope of services, as specified in the individual agreement.

  • Payments must be made via bank transfer to the account details provided by eComAce Agency.

  • Invoices will be issued based on the actual ad spend and are payable within [insert number] days from the invoice date.

  • Late payments may incur a penalty of 2% per month.

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5. Contract Termination

  • Either party can terminate the agreement by providing 30 days' written notice.

  • If campaign results are unsatisfactory despite all reasonable efforts, eComAce Agency reserves the right to terminate the agreement to maintain service quality.

  • In the event of termination, all outstanding payments for services rendered must be settled within 7 days.

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6. Intellectual Property

  • Content created by eComAce Agency during the engagement is the property of the client upon full payment.

  • Proprietary methods, software, and strategies developed by the agency remain the property of eComAce Agency, unless otherwise agreed upon in writing.

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7. Confidentiality

Both parties agree to maintain the confidentiality of all information shared during the engagement, including but not limited to campaign strategies, performance data, and business information. This confidentiality obligation extends beyond the termination of the contract.

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8. Limitation of Liability

eComAce Agency will not be liable for:

  • Unforeseen issues that affect campaign performance.

  • The client's failure to provide necessary information or access in a timely manner.

  • Losses that arise indirectly, such as lost profits or business opportunities.

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9. Amendments to Terms

eComAce Agency reserves the right to amend these Terms of Service. Clients will be notified of any changes via email or website updates. Continued use of services implies acceptance of revised terms.

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10. Dispute Resolution

Any disputes arising under these terms shall be governed by the laws of the Netherlands. Parties agree to attempt mediation before pursuing formal legal action.

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11. Miscellaneous Provisions

  • Non-Solicitation: Clients agree not to solicit or hire eComAce Agency employees for direct employment for a period of 12 months following the termination of services.

  • Exclusivity: eComAce Agency may work with other clients within the same industry unless a specific exclusivity agreement is in place.

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