TERMS AND CONDITIONS

 

Welcome to The Marketing Heaven!

These are the terms and conditions for:

• https://themarketingheaven.com

The following terms and conditions apply to the website and services offered by The Marketing Heaven. This includes any version of The Marketing Heaven accessible via desktop, mobile, tablet, social media or other devices.

By using the website and services, you agree to be bound by these terms and conditions and our privacy policy.

In these terms and conditions, the words “website”, refer to The Marketing Heaven’ website, “we”, “us”, “our”, and “The Marketing Heaven”, refer to  , and “you”, “client”, and “user”, refer to you, the user or client of The Marketing Heaven.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICES FROM THE WEBSITE.

1. ACCEPTANCE OF TERMS

This agreement sets forth the legally binding terms for your use of the website and services offered by The Marketing Heaven. By accessing and using the website and its services, you agree to abide by the provisions of this agreement. If you do not agree to these terms, you must refrain from using the website and services. We reserve the right to modify this agreement at any time, and such modifications shall be effective upon posting on the website. By continuing to use the website and services following the posting of any modifications, you agree to be bound by the updated terms; therefore, it is important that you review this agreement periodically.

The Marketing Heaven reserves the right, in its sole discretion, to refuse to provide services to any client or user and to modify its eligibility criteria at any time. This provision shall be inapplicable in jurisdictions where prohibited by law and, in such cases, the right to access the website and services will be revoked.

By using the Website and the Services, you represent and warrant that you have full power, authority and capacity to enter into this Agreement and to perform all obligations hereunder. You further represent and warrant that you are not subject to any legal incapacity or contractual restriction that would prevent you from entering into this agreement.

2. NOTIFICATIONS AND COMMUNICATIONS

By providing The Marketing Heaven with your e-mail address, you agree that we may use your e-mail address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these e-mails, you may opt-out of receiving them by sending us your request through our contact information or by using the “unsubscribe” option in the e-mails themselves. This option may prevent you from receiving emails about our services, important news and special content.

3. ACCOUNT

Users may register on the website by completing the available registration form. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The Marketing Heaven of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user’s account without prior authorisation from The Marketing Heaven. The Marketing Heaven will not be liable for any loss or damage arising from your breach of this agreement.

Users may cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to The Marketing Heaven.

The Marketing Heaven reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if The Marketing Heaven believes that you have violated any of these terms and conditions.

4. DESCRIPTION OF SERVICES

The services offered by The Marketing Heaven include, among others, marketing campaigns through techniques such as PPC (pay per click), media buying, and email marketing. These services are tailor-made for each client, resulting in personalised marketing campaigns. The amount of results (such as visits, followers or ‘likes’) mentioned in the order forms is approximate: we guarantee that you will receive at least the amount specified, but in some cases we may deliver more. Unless otherwise stated, all services are one-off marketing campaigns, not ongoing.

It is important to note that we do not guarantee further interaction or engagement on social media beyond what you have purchased specifically for your campaign. The owners of the social media accounts involved act freely and are not induced to take any action without their consent. Neither The Marketing Heaven nor its clients own the results obtained through social signals (e.g. followers or ‘likes’), as these are the exclusive property and functionality of the social networks concerned.

5. ORDERS

Users can purchase our marketing campaigns directly through the website. To place an order, the user must select the platform or social network, choose one of the available packages and provide the corresponding link to their profile, post or content on the chosen platform. All information provided must be accurate and complete to ensure the correct implementation of the campaign.

Once the order has been processed, campaigns are usually launched within approximately 24 hours. However, this timeframe may vary depending on demand and other external factors. The Marketing Heaven reserves the right to reject orders that do not meet the specified requirements or are incomplete. The user will be notified if additional information is required or if there are any problems with the execution of the order.

We guarantee that you will receive the services you have ordered through The Marketing Heaven. However, we cannot guarantee an exact delivery time. Delivery dates indicated on order forms are approximate and may be affected by various factors beyond our control, such as changes in social media platform algorithms, technical updates or variations in demand. By placing your order, you accept that there may be fluctuations in the number of visits, followers, “likes” or other interactions, and that these may be due to a variety of reasons.

6. PAYMENTS

Users can purchase The Marketing Heaven campaigns using a variety of secure payment methods. We currently accept the following payment methods:

• Credit or debit card
• Cryptocurrency Payments
• Quick Online Banking Payments

When selecting credit or debit card, users must provide the required information at the time of payment to complete the transaction securely. For cryptocurrency payments, we offer the option to use digital currencies accepted on the platform, and transactions will be processed in accordance with established procedures to ensure prompt confirmation.

Online banking payments allow users to make fast and secure transactions directly from their bank account. All transactions are processed in a secure and encrypted environment, ensuring the protection of the user’s personal and financial information.

If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed. The Marketing Heaven reserves the right to suspend or cancel any order in the event that payment has not been made correctly or irregularities are detected in the payment process.

7. DELIVERY ESTIMATES

At The Marketing Heaven, while we strive to meet delivery estimates, we cannot definitively guarantee when you will receive the results of your campaign. This is because many external factors not controlled by our company can influence the delivery of results. Any statements or testimonials regarding the timing of delivery of results, whether by The Marketing Heaven, other clients or third parties, should be understood as approximate guidance only and not as a guarantee.

The results you will get will depend on multiple factors, such as the type of content you provide, the timing of the campaign, and other elements external to The Marketing Heaven. While we cannot guarantee exact timing, we do guarantee that you will receive the amount of results you have requested in your campaign.

8. MEASURING DELIVERABLES

We use public statistics to track the delivery of your order. To do this, we record the starting point (such as the initial number of visits or followers) and add the requested amount to that point, without considering the impact of other campaigns that may influence that count. We can take into account other campaigns influencing your account only if we receive details of these campaigns from you before our campaign starts. This should include type of campaign taking place and expected results. We will not take them into account if you inform us about them after our campaign has already started or has been already delivered.

9. REFUND POLICY

The Marketing Heaven offers a limited refund policy, where we will refund 100% of the purchase price of a campaign if the order has not been initiated and the first results have not been delivered within 30 days of purchase. Outside of this circumstance, no refunds will be given. It is important to note that any order with a status of ‘processing’ or ‘in progress’ is considered to be initiated and will not be eligible for a refund.

As we do not own the social networks on which we provide our marketing campaigns, we have no control over any actions or changes these platforms may take, such as updates, algorithm changes or fluctuations in follower numbers, views or likes. In the event that you experience a drop in numbers after the delivery of your order, we offer you a 30-day guarantee to replenish these results within 30 days of the initial delivery date of the order you placed with us.

If you experience any issues with your campaign, we recommend that you contact our support team, providing your order number to expedite the support process.

It is important to remember that once a campaign has been launched, in most cases it will not be possible to make changes. If you have provided a link to a profile or post or video on a social network and then made changes to your name or URL, or the original link has become inactive or inaccessible after the campaign has launched, it will result in work being interrupted. In such cases, or in any situation where the link is no longer accessible, we will not be able to offer a refund or make further modifications. We recommend that you carefully verify the information provided before starting your campaign.

10. TERMINATION OF THE CAMPAIGN

In the event that during the execution of your campaign your social media properties become inaccessible to the general public, either because you decide to remove them, make them private or set any kind of restriction, The Marketing Heaven reserves the right to terminate the campaign without refund. These types of situations are beyond our control and directly affect the viability of the contracted campaign.

11. CANCELLATION OF THIRD PARTY ACCOUNTS

By using our services, you agree that any suspension or cancellation of your accounts on third party platforms (e.g. social media networks) is the sole responsibility of the client. The Marketing Heaven is not responsible for any account cancellations or suspensions that may result from the use of our services. While we take every precaution to avoid such situations, the client acknowledges and accepts that there are inherent risks in using social media marketing services.

12. PRICES, CURRENCIES AND EXCHANGE RATES

All prices quoted on The Marketing Heaven are shown in US Dollars (USD), although they may vary and be shown in GBP or EUR according to the other language versions of the website available. Charges for services will be processed by The Marketing Heaven in these currencies only, regardless of the client’s geographical location or exchange rate fluctuations. Payment service providers used by The Marketing Heaven can convert those amounts into other currencies. If you are unsure of the exchange rate in your country, we recommend that you check this information before placing an order on our website to avoid any confusion.

13. LIMITATION OF LIABILITY

The Marketing Heaven provides digital marketing services through campaigns on various social media platforms, acting as an intermediary between clients and the results they seek to achieve on those platforms. However, it is critical that clients understand that by purchasing our services, they are buying a marketing campaign designed to achieve a specific result, such as 1000 views on YouTube, and not actual views as a property. This is because all content and results, such as ‘likes’, visits and followers, are the sole property of the social media platforms (YouTube, Facebook, Instagram, among others) and not of The Marketing Heaven or its clients.

The service we provide is the execution of a marketing campaign aimed at generating the results specified by the client, guaranteeing that we provide such a campaign. However, The Marketing Heaven does not offer or transfer ownership over the results obtained, as these remain at all times under the control and ownership of the platforms on which they are generated. For example, if a client purchases a campaign to obtain 1000 views on YouTube, he understands that The Marketing Heaven is providing a campaign designed to achieve that particular objective, but does not sell or transfer ownership of the views or any other results within the platform.

In addition, The Marketing Heaven uses third party providers and services to execute campaigns, and while we carefully select these providers, we have no direct control over the operation of the social media platforms or any changes they may make, such as updates, modifications to algorithms or variations in interaction counting systems. Therefore, The Marketing Heaven is not responsible for fluctuations or alterations in results caused by operational or technical decisions of the platforms.

Finally, The Marketing Heaven shall not be liable for any direct, indirect, incidental or consequential damages resulting from the use or inability to use our services, including but not limited to, loss of data, revenue, or any other loss arising from fluctuations in results. Users acknowledge that social media results are subject to external factors that The Marketing Heaven does not control, and that by purchasing our services, they assume the risks inherent in the use of third party platforms. At all times, we encourage our clients to review the usage policies of social media platforms to ensure a clear understanding of the service offered.

14. COPYRIGHT

All content on The Marketing Heaven website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by The Marketing Heaven or by third parties who have licensed or provided their material to the website. No material contained on the website may be copied, reproduced, republished, sold, downloaded, posted, transmitted or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior express written permission of The Marketing Heaven.

15. COPYRIGHT INFRINGEMENT

The Marketing Heaven will respond to all enquiries, complaints and claims relating to alleged infringement by breach or violation of the provisions contained in UK and international copyright and intellectual property laws and regulations. The Marketing Heaven respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the website infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information:

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
• A statement that specifically identifies the location of the infringing material, in sufficient detail so that The Marketing Heaven can find it on the website.
• Your name, address, telephone number and email address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorised by the copyright owner, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorised to act on its behalf.
• An electronic or physical signature of the copyright owner or of the person authorised to act on the copyright owner’s behalf.

16. PERSONAL DATA

Any personal information you submit in connection with your use of the website and our services will be used in accordance with our privacy policy. By using the website and our services, you consent to our collection and storage of your personal information. View our privacy policy.

17. PROHIBITED ACTIVITIES

The following activities are prohibited:

• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
• Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any portion of the services for any purpose without our express written permission.
• “Frame”, “mirror” or otherwise incorporate any part of the website into any other websites or service without our prior written authorisation.
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by The Marketing Heaven in connection with the services.
• Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.

18. DISCLAIMER OF WARRANTIES

Due to the nature of the Internet, The Marketing Heaven provides and maintains the website on an “as is”, “as available” basis and does not promise that use of the website will be uninterrupted or error free or follow any specific accessibility standards or protocols.  You agree that we will not be held liable to you if you are unable to access our website or our services for any reason.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse The Marketing Heaven for any loss or damage caused as a result.

The Marketing Heaven shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, The Marketing Heaven excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to The Marketing Heaven and The Marketing Heaven shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on the website.
• Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from The Marketing Heaven.
• All representations, warranties, conditions and other terms which but for this notice would have effect.

19. ELECTRONIC COMMUNICATIONS

The Marketing Heaven will accept no liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection, availability of computer, telephone, cable, network, electronic or Internet hardware or software, for the acts or omissions of any user or third party, for the accessibility or availability of the Internet or for traffic congestion or unauthorised human action, including errors or mistakes.

20. INDEMNIFICATION

You agree to defend and indemnify The Marketing Heaven from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your use of the website and services.

21. CHANGES AND TERMINATION

We may modify these terms and conditions at any time and at our sole discretion. The Marketing Heaven will inform its users and clients of any significant changes to our terms through any electronic means. Although The Marketing Heaven will inform its users and clients about significant changes to our terms through any electronic means, you are responsible for keeping yourself informed about updates to these terms. Your continued use of the website and our services constitutes your acceptance of any changes and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and clients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.

22. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by The Marketing Heaven, shall constitute the entire agreement between you and The Marketing Heaven concerning and governs your use of the website and the services.

23. FORCE MAJEURE

The Marketing Heaven shall not be liable for any failure or non-performance of services due to causes beyond its reasonable control, including but not limited to acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances and which may prevent the performance of our services.

24. ARBITRATION

Our goal is that any dispute or disagreement can be resolved amicably through written communication between the parties. However, if agreement cannot be reached within a reasonable time, both parties agree that the only legal avenue for resolution of the dispute shall be binding arbitration in accordance with the arbitration rules and procedures in force in the United Kingdom.

By agreeing to these terms, you acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, or your use of our website and services, whether for breach, termination, enforcement, interpretation or validity thereof, shall preferably be resolved by binding arbitration between you and The Marketing Heaven. Notwithstanding the foregoing, both parties reserve the right to bring individual claims in the competent courts in the City of London, where they deem it necessary. This ensures that, if required, there is the option of recourse to a court of law, although arbitration is the recommended primary route.

25. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of the United Kingdom. Any dispute relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of London, United Kingdom. This applies unless binding arbitration is agreed in the relevant section.

26. FINAL PROVISIONS

Your use of our website and services is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorisation to use our services does not extend to jurisdictions where these provisions are not respected or applied.

Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our website. Information provided or collected in connection with the use of the website will be subject to these requirements.

In the event that any provision of these terms and conditions is declared invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. Failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.

27. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us using the contact information below:

Contact: https://themarketingheaven.com/contact-us/