Responsibility for Content and Elements
ADV.RED, a product of Pixecutive Ltd, provides the platform and tools for the insertion of advertising placements, scripts, and data collection on websites. However, ADV.RED assumes no responsibility for any content or elements, including but not limited to code, text, images, or any other type of material, that are inserted or utilized by the Client on their website. The full responsibility for the content and any associated consequences rests solely with the Client. These Terms and Conditions are an integral part of the platform’s usage contract.
Prohibited Content
The use of ADV.RED for publishing or managing content that includes, but is not limited to, the following is strictly prohibited and considered a violation of these Terms and Conditions:
Violation of this clause may result in immediate suspension or termination of the service, along with potential legal action.
Intellectual Property Rights
The entire ADV.RED platform and solution, including all related technology and materials, are protected by copyright and intellectual property laws. Any attempt to imitate, replicate, or reverse engineer the ADV.RED platform is strictly prohibited and may result in severe legal consequences.
Client Responsibility for User Management
The Client is solely responsible for managing any additional users they add to their ADV.RED account. This includes assuming full responsibility for the actions of these users. ADV.RED is absolved of any liability arising from the actions or misuse of the platform by any user associated with the Client’s account.
Service Suspension and Termination
If the Client wishes to suspend the free trial, terminate the contract, or interrupt any service provided by ADV.RED, they must contact our support team at [email protected]. The Client will receive a response as soon as possible, in accordance with business hours. ADV.RED reserves the right to suspend or terminate the provision of services at any time if a payment due under the agreement remains unpaid after its due date or if there are reasonable doubts regarding the Client’s ability to fulfill their payment obligations. The reinstatement of services following the settlement of any overdue payments shall be subject to mutual agreement between the parties.
Limitation of Liability
Pixecutive Ltd, the owner of ADV.RED, is not responsible for any malfunction or incorrect use of the platform. The Client acknowledges and agrees that any liability, including financial losses or legal issues arising from the use of ADV.RED, is entirely their responsibility.
Platform Availability and Uptime
ADV.RED guarantees a platform uptime of 99%. However, Pixecutive Ltd will not recognize any claims for financial losses attributed to downtime or any other issues related to the platform’s availability. By using the platform, the Client accepts all risks and responsibilities associated with its use.
Update Notifications
Notifications of platform improvements may be communicated to the Client in any form, whether written or oral. The absence of communication regarding a functional update shall not constitute grounds for disputes, provided the new mechanism does not create an issue, or such issue is not reported within 24 hours of its occurrence. To report a concern, the Client must open a ticket by contacting support at [email protected].
Resale Prohibition
The Client is strictly prohibited from reselling the ADV.RED service or platform. Any breach of this clause may lead to immediate service suspension and legal action, including claims for damages.
Confidentiality
Both parties agree to maintain the confidentiality of any proprietary information exchanged under this Agreement. Disclosure to third parties is only permitted with the prior written consent of the other party, except as necessary to fulfill the terms of this Agreement.
Subscription and Trial Period
The Client may access a free trial period for the ADV.RED service. Upon conclusion of the trial, ADV.RED reserves the right to initiate a paid subscription. During the trial, the Client is limited to testing the service on a single URL.
VAT Application
UK VAT (Value Added Tax) will be applied to all customers, regardless of their country of origin.
Data Management and Content Publishing Responsibilities
All responsibilities related to data management, data protection, and content publishing are borne by the Client. ADV.RED provides the Client with a Content Management System (CMS) for publishing, but the content published and all related data management and preservation obligations remain the sole responsibility of the Client.
Contractual Nature and Renewal
For clarity and transparency, the contract with ADV.RED may be established in either written or oral form. Subscription renewal is automatic and occurs on an annual basis. The approval and signature of the Statement of Work (SOW) document constitute a binding contract. The continuation of services and payments after the formal expiration of the contract shall be considered evidence of its renewal.
In the event that the contract has expired and the Provider wishes to update its terms, and such updated terms are not accepted by the Client, ADV.RED reserves the right to suspend both the services and the contractual agreement.
Acceptance of Terms and Conditions
Upon each login to the platform, the acceptance of the publicly available Terms and Conditions (“Base T&C”) will be requested and recorded to ensure that the user remains informed and updated regarding the terms of use.
In addition to the Public T&C, the contract includes a document titled Standard Terms and Conditions, which provides a detailed explanation of all contractual clauses. Each Client is expected to have a copy of the Standard Terms and Conditions, updated annually.
If the Client has not received the updated Standard Terms and Conditions for the current year, it is their responsibility to promptly seek out the latest version of the document. Updated Terms and Conditions may already be available within the Client’s account under the Documents section. If the document is present in this section and the public Terms and Conditions have been accepted, it will be considered that the Client has reviewed the updated terms.
