TERMS OF SERVICE:
Managed Advertising Campaign Service Agreement
Simply, LLC: Managed Advertising Campaign Services Agreement
This Services Agreement addresses terms and conditions that are specific to your purchase of a Simply, LLC: Managed Advertising Campaign and accompanies the Simply, LLC: General Terms of Service Agreement. Both agreements together, represent the applicable terms and conditions.
When you purchase and use our Service, you will receive an emailed receipt with a link to our website, https://www.get-simply.com, where our General Terms of Service Agreement and our Service Specific Agreements can be found. You agree to the aggregate terms and conditions when you use our Service or when you pay for our Service. Your payment and your use of our Service, each act as your acceptance of our Terms of Service. Simply, LLC (Simply) may add to, delete from, or modify these Terms at any time without liability. Changes to the Terms will not apply retroactively and will become effective 7 days after posting; however, changes to functionality, those required by a Third-Party Provider, or those made for legal reasons will be effective immediately.
Please read the Simply, LLC: General Terms of Service Agreement carefully, along with this Service Specific Agreement and look at these Terms regularly.
Overview Of Service
The terms "you" and "your" refer to the person that agrees to a Service. The term “Service" refers to a specific product(s) or service(s) that you have requested Simply to provide. You will have agreed to this through any means including through an authorized representative of Simply who completes an order on your behalf as you instruct either over the telephone, in person, via email, or through a request via the Simply website. All Sections within our General Terms of Service Agreement (this document) apply to all Services that you order. Additional terms that relate to specific Services may be described in one or more Agreements however presented to you whether separately or through a Simply website. In addition, you agree to be bound by the Simply General Terms of Service Agreement, Terms of Use, Privacy Policy, and any other policies that Simply posts on its website, www.get-simply.com or any of the other Simply websites. Simply's Privacy Policy may be viewed online on the Simply website. Simply reserves the right to modify its privacy and security policies. The Policies, your Agreement, and related documents are incorporated into and form a part of your Agreement. To the extent there is a conflict among or between any of those documents, they will govern in the following order of precedence: (a) these General Terms, (b) the specific service agreement and (c) the Policies.
1) Authorization to Charge
a) When you provide your credit card information or other payment information to Simply, that act will constitute your express authorization to order service and instruction to Simply to charge that credit card, or accept another payment source, for all fees and other amounts due and payable to Simply under this Agreement. You are solely responsible for the credit card and/or payment information that you provide to Simply. You must promptly inform Simply of any change to the issuer, account number, expiration date, security code or other information necessary for Simply to charge that credit card or other payment source.
b) All payments made under this Agreement must be in US Dollars.
c) If you fail to pay any amount when due for any Service, Simply may cease providing that and all other Services and may engage the services of a collection agency and/or enforce its legal remedies. In that case, the prevailing party will be entitled to recover its reasonable attorney fees, whether incurred prior to, at trial and/or in any appeal or other post judgment proceeding. In addition, Simply may charge a reinstatement fee if after termination, you wish to reinstate Services that were terminated due to non-payment or for any other reason.
2) Service and Payment Commitment
a) Fees & Costs of Services
i) Setup Fee: All setup fees are non-refundable.
ii) Recurring Monthly Service Fee and/or Management Fee: Collected in advance for month of service.
b) Month-to-Month Agreement – When you select this service, you agree that the service automatically renews each month unless terminated. Note: some services require a subscription with terms. These services include Search Engine Optimization (SEO), Local Search Solutions (LSS), etc.
c) Automatically Recurring Monthly Billing – Your monthly bill date is established the date your service is activated. The first month’s service fee is collected upfront with the setup fee. When your service is activated, the billing is also activated and 30 days from that date and thereafter you will be billed until your account is terminated.
i) Failure to Pay: Upon failure of automatic billing, Simply will reprocess payment the following business day. If Simply is unable to secure payment, we will make at least 3 attempts to contact you. Upon the 5th business day following failed billing, Simply will pause the service until payment can be obtained. Following 30 days of non-payment, Simply will cancel the service.
d) Cancellation / Termination / Refunds
i) By You: You may cancel your account by providing an email to billing@get-simply.com and you will receive an email confirmation to complete your cancellation. Notice must be received by Simply, at least 7 days prior to your next bill date. No Refunds are issued in event of cancellation of service. Funds are only collected for the next full month’s service, and cancellation requests will result in services to be carried out through end of current months’ term.
ii) By Simply, LLC: Simply reserves the right to terminate providing Service for any reason. In the event of a termination, Simply will provide you with as much notice as is reasonably possible under the circumstances of such termination; however, termination related to functionality may occur immediately and without any notice.
e) Fee Changes – Simply will give you at least 30 days, advance notice of any changes in ongoing fees for Service that we provide to you on a month-to-month basis. We will send this notice via email to your email address on file with Simply. If you do not want to continue Services at the new fee, you agree to cancel your Service as provided in the Terms set forth in this agreement.
f) Taxes – You agree to pay all sales, use, value added and other taxes, if applicable, related to your use of this Service.
3) Third Party Services
a) In addition to Simply, LLC’s proprietary services, Simply is an authorized reseller of goods, services and information ("Third Party Services") provided by Google®, and other suppliers to Simply ("Third Party Suppliers"). Some of the Services may be, or may include, Third Party Services, and Simply may or may not disclose that a Third Party Supplier is involved in the Service. For example, Simply utilizes search advertising provided by Google. You may review Google’s "Advertiser guide: working with third parties" at https://support.google.com/adspolicy/answer/9457109?hl=en.
b) In some instances, a Third-Party Provider such as Google, may require identity verification or authentication. When requested, you must provide required documentation/information to continue with Services. As may be different for each Third-Party Provider, every effort will be made to assist you in understanding and providing the required documentation/information.
4) Managed Advertising Services and Related Terms
a) Pay-Per-Click Service Terms – The Terms in this section apply to Pay-Per-Click (PPC) advertising services provided by Simply using products and services of Third-Party Providers such as Google, Microsoft Advertising®, Facebook®, and others.
i) Google may be a Third-Party Provider to this Simply Agreement. You can find terms and conditions related to Google’s service at https://support.google.com/adspolicy/answer/54818?hl=en or at any other location designated by Google. Additionally, Simply, LLC is a certified Google Partner. You may review Google’s “Advertiser guide: working with third parties” at https://support.google.com/adspolicy/answer/9457109?hl=en.
ii) Microsoft Advertising may be a Third-Party Provider to this Simply, LLC Agreement. You can find terms and conditions related to Microsoft Advertising’s service at https://about.ads.microsoft.com/en-us/resources/policies/microsoft-advertising-agreement or at any other location designated by Microsoft Advertising.
iii) Facebook may be a Third-Party Provider to this Simply Agreement. You can find terms and conditions related to Facebook’s service at https://www.facebook.com/legal/terms or at any other location designated by Facebook.
iv) Regarding Google Ads and Microsoft Ads account ownership:
(1) if Simply takes over your established account, you are the legal owners and you control the account permissions. You will pay Google or Microsoft directly for their services, and pay Simply a separate fee to management the account.
(2) if you have no established account, Simply’s recommendation based on best practice is that you create your Google Ads and/or Microsoft Ads account so you can pay them directly for their services, and pay Simply a management fee to manage the account(s). You can remove Simply’s access to your account by revoking our permissions upon cancellation of our services.
(3) if you do not have an established Google Ads and/or Microsoft Ads account and Simply creates them, Simply becomes the legal owner. At the point of cancellation, we will close the account. The account, including all settings, strategies, keywords, ad content, and assets will not be turned over to you or any competing digital advertising company.
v) When you purchase Pay-Per-Click (PPC) Services, Simply will create ads on a specified Search Engine(s), that link to your designated website within 10 business days of the sale. This is contingent upon your designated website passing any quality standards imposed by the selected Search Engine(s). The quality standards consider, but are not limited to content, pop ups, mobile friendliness, load time, etc. You understand and agree that the quality standards are not controlled by Simply, LLC.
vi) Pay-Per-Click Keyword selections are subject to Third-Party Provider approval, and Simply, LLC approval. You understand that market conditions beyond the control of Simply affect the cost of keyword search terms.
vii) Simply PPC accounts are managed using a Daily Budget. A Daily Budget is set based on the amount that you to decide to spend on a specific themed advertising campaign. This setting allows your ad(s) to display as often as possible while staying within your Daily Budget. When the budget limit is reached, your ads will typically stop showing for that day and resume the next scheduled day. We use historical information and search engine supplied analytical information to estimate how often your ads may appear. Together, we establish a strategy related to your targeted monthly spend. Due to search engine algorithms, your budget, and other variables, Simply does not guarantee that your ads will appear all the time or even at the best time to achieve the results desired.
viii) Charges from Third-Party Providers may vary depending upon market conditions and other factors, not under the control of Simply, LLC.
ix) You may be eligible to pay a Third-Party Provider (such as Google, Microsoft Advertising or Facebook) directly for services they provide and which we set up and manage for you as a part of your campaign. If you establish third-party direct billing, you will be responsible for establishing those billing accounts, terms, and relationships. You will be responsible for all charges on those accounts.
b) Remarketing Advertising Service
i) Remarketing Advertising creates a list of people who previously visited your website, but left without buying or contacting you and then sends them ads for specific products they viewed earlier on your website.
(1) In a Simply Managed Advertising Campaign, we manage the advertising spend amount that is allocated to the Remarketing effort, unless you specifically request otherwise.
(2) Before you can start showing ads to customers on a remarketing list, you will need to paste the remarketing tag (small snippet of code) in all relevant pages of your website or in your mobile app. Simply will provide you with this “remarketing tag/code”. You will be responsible for placing the remarketing tag/code on your website. With specific additional permission from you, Simply may place this remarketing tag/code for you.
ii) Remarketing Advertising may require an Image or Video creation fee for each theme that you purchase. Fees are nonrefundable and billed at the time of set up.
iii) When you purchase Remarketing Advertising Services, Simply will work with you to advertise in a variety of formats and sizes with text ads, static and image ads, rich media, and video ads, each of which would focus on specific targets that fit your goals and budget. To the extent allowed, Simply manages placement of your advertisements targeted to your theme, budget, and scope of campaign. All of this is contingent upon your designated landing page(s) or website(s) passing quality standards. Quality standards consider, but are not limited to, content, pop ups, mobile friendliness, load time, etc. You understand and agree that the quality standards are not controlled by Simply, LLC.
iv) SIMPLY, LLC DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, NOR DO WE MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. SIMPLY, LLC PROVIDES THE SERVICES “AS IS”.
v) You have the primary responsibility to deliver certain information and materials that are necessary for creating the campaigns. If Simply does not receive necessary information or materials in a timely manner, or if the information or materials are considered insufficient to begin the campaign creation phase, Simply shall not be responsible for related delays and shall have no obligation to refund charges associated with this Service.
vi) Text Ads
(1) By default, Simply will design and submit the text ads using information or content either from your designated website or from that information or content you provided to Simply at the time of purchase.
vii) Image Ads
(1) If you elect to provide your own custom images, you must provide those images to Simply within 5 business days of request. If you elect to provide your own images, you warrant that you hold all rights to the images, and you further agree to defend, indemnify and hold harmless Simply, LLC, its agents, affiliates, licensors, and Third-Party Providers, from any third-party claim or liability arising out of or related to the provided images.
(2) If you provide no images within that time period, Simply will create images using content from your designated website and other appropriate assets.
viii) Video Ads
(1) Videos produced by Simply will have Terms of Service set forth in a separate Agreement.
(2) If you elect to provide your own video, you warrant that you hold all rights to the video, and you further agree to defend, indemnify and hold harmless Simply, LLC, its agents, affiliates, licensors, and Third-Party Providers, from any third-party claim or liability arising out of or related to the provided video.
ix) Remarketing Advertising campaigns will be managed using a daily budget, on a pay-per-click (PPC) basis. The Daily Budget is the amount that you decide to spend on a specific advertising campaign each day for each theme. This setting allows your ad(s) to display as often as possible while staying within your daily budget. When the budget limit is reached, your ads will typically stop showing for that day and resume the next scheduled day.
c) Call Tracking Service – The terms in this section apply to the Simply Service that measures, analyzes, and/or records inbound calls to your business when those calls are related to ad campaigns, providing information essential to evaluate advertising effectiveness, call quality, and internal sales performance.
i) Information privacy and security responsibilities.
(1) Simply will use the captured call information solely for the purpose of providing information to you and will not disclose your information to anyone other than you or your authorized designate. If calls to you are recorded (commonly for training or quality control for your use) certain information from your prospects or customers may also be recorded and that information, such as a credit card validation, may be subject to privacy and security protection policies. Simply exercises commercially acceptable security procedures and reasonable care to safeguard against improper disclosure of such information. Similarly, you are responsible for implementing your own security and privacy safeguards to prevent improper disclosure of private information that may be disclosed to you by your customers. You may have already established these procedures in your business, and if so, you should extend those safeguards to the information provided by these services as needed.
ii) Telephone Numbers
(1) During this Service, you may use the telephone numbers assigned by Simply ("Simply Numbers") for your performance-tracking or other analytics purposes. You do not have the right to re-assign the Simply Numbers or to use them other than as set out herein without the prior written consent of Simply, LLC. All Simply Numbers remain the property of Simply, LLC, and are made available to you solely for use in accordance with the Terms and Conditions of this Agreement. Upon expiration or termination of this Agreement, you may “port out” the assigned Simply Numbers. If you choose not to exercise your right to port out the numbers, you realize that your right to the use the Simply Numbers and Services shall cease, and that the numbers may become unavailable. We remind you to take reasonable steps to remove, amend or cancel all publications, advertisements, promotions and other items bearing any Simply Number. Both Parties acknowledge and agree that your use of any Simply Numbers may be further limited by, among other factors, changes to telephone carrier terms, changes in carrier relationships, guidelines recommended by Federal, state or local regulations, or changes to applicable law and regulation from time to time.
iii) Recorded Call Services
(1) As a default feature of these Call Tracking Services, Simply, includes call recording, transcribing, monitoring, analyzing and archiving, which includes the reporting and archiving of personal and non-personal data related to such Calls (collectively, the "Recorded Call Services").
(2) You determine in advance, and in your sole discretion without reliance on Simply, LLC, whether the use of the Recorded Call Services is appropriate and legal in the context of your use and implementation thereof. You may elect at any time to cease using the Recorded Call Services.
(3) In connection with the Recorded Call Services, you acknowledge and agree that: (a) calls placed using the Simply Numbers and related Services (collectively, "Calls") may be recorded, transcribed, monitored, analyzed and archived; (b) you have the sole responsibility to advise all callers to Simply Numbers prior to any commencement of a Call with you, your affiliates or others, that each Call is subject to recording, transcription, monitoring, archiving and any other relevant details and required notices (the "Recorded Call Notice"), and to obtain all consents or approvals necessary to comply with laws and regulations relating to your Calls; (c) any samples or default pre-recorded notices or messages made available by Simply, LLC within the Recorded Call Services, whether or not at your request, are for illustration purposes only; and (d) Simply, LLC makes no representations or warranties with respect to any use of any Recorded Call Notice by Customer or its Customer Affiliates or any other party (and no separate communication shall be deemed to supersede this acknowledgement and agreement).
(4) Call content, information and data obtained under the Recorded Call Services shall be deemed your "Client Data" under the Agreement.
(5) You represent and warrant that you will use the Recorded Call Services (and any Client Data acquired in connection therewith) in full compliance with all applicable laws and regulations. You further represent and warrant that you shall have established proper procedures to protect the privacy of all callers and call recipients in connection with the Recorded Call Services, and otherwise fully comply with all applicable laws, regulations and governmental or self-regulatory guidelines.
(6) You are solely responsible for, and Simply, LLC shall have no liability with respect to, without limitation: (a) the legality of recording, transcribing, monitoring, analyzing, archiving and/or disclosing the contents of telephone calls or caller/ call recipient identification; (b) the legality of the language used in any Recorded Call Notice; and (c) the legality of any use, handling, retention and disclosure of data you acquire from your callers as a result of the use of any Recorded Call Services.
iv) In connection with these services Simply may engage Third-Party Providers, the selection of which Simply makes in its sole discretion.
d) Cost-Per-View Video Advertising Services – The terms in this section apply to Cost-Per-View (CPV) video advertising services provided by Simply using products and services of Third-Party Providers of search engines and on-line services. Videos are subject to Third-Party Provider and Simply, LLC approval.
i) When you purchase Cost-Per-View (CPV) Video Advertising Services, Simply will position your video advertisement in locations permitted by the Third-Party Provider, such as before videos, beside videos, or among search results. You understand and agree that Third-Party Providers, and not Simply, LLC, control access to their service and may impose unique conditions for ad placement on their service. Simply, LLC understands the conditions of each Third-Party Provider with whom we work, but we cannot guarantee specific results beyond those allowed by the Third-Party Provider.
ii) Pay-Per-View keyword selections are subject to Third-Party Provider approval, and Simply, LLC approval. You understand that market conditions beyond the control of Simply, LLC affect the cost of search terms.
iii) Simply CPV accounts are managed using a CPV budget. A CPV Budget is defined as the amount that you decide to spend on a specific advertising campaign each month. Your ads display on targeted locations as often as possible, while taking into account higher and lower traffic days to optimize your campaign’s performance and staying within your budget over the course of a month.
iv) Charges from the Third-Party Provider may vary depending upon market conditions and other factors not under the control of Simply, LLC.
Date Last Revised: 02-07-2024 Simply, LLC. All rights reserved.