Terms & Conditions
1. Online Advertising and Marketing Services
Target Patients MD (TPMD) offers a variety of services to improve a medical practice’s online visibility. By engaging us, you agree to the Terms of Service set forth below. If you have questions, or if we may be of any service, please do not hesitate to contact us.
TPMD provides search engine marketing, optimization and associated services on a local, national and international basis. As such, we submit information on your behalf to search providers for whom you must agree to their terms and conditions. These providers may include, but are not limited to: Google, Yahoo, MSN/Bing, Facebook, YouTube, ASK, AOL, Marchex, InfoUSA, 411 Directory Assistance, Yellowpages.com, Superpages.com, Yellowbook.com, Yelp, Acxiom, Localeze, TrueLocal, local.com, CitySearch, MagicYellow, Dex, YP.com, iBegin, YellowBot, Craigslist, Kijiji, Insider Pages, MojoPages, Kudzu, Merchant Circle, local online newspapers, and other sites. The terms and conditions of these providers all apply. TPMD will not share your information with any business other than in the course of securing online advertising and marketing services on your behalf.
2. Advertising Material
TPMD has the right to place information provided by you pertaining to your business on any of the publisher and search provider websites such as those listed above and you authorize TPMD to develop content based on the information or material provided by you or your designees and collected by TPMD including copy, form, size, text, graphics, names, addresses, phone numbers, URLs, logos, trade names, trademarks, service marks, endorsements, photographs or likenesses, and videos. Further, you represent that the material and information you provide to TPMD is truthful, not misleading, and that you have the authority to represent this product and service information to TPMD. Additionally, if you authorize TPMD to do so by identifying particular customers in writing, TPMD may contact the customers you specified for the sole purpose of gaining endorsements and reviews of your products and services for publication. Further, articles, press releases, and blog postings will be sent for approval before publishing. The timeliness of these pieces is critical to campaign performance. For this reason, all content will be considered approved one week after the content was sent for approval unless requested edits or other communication is received from the client. Finally, you authorize TPMD to utilize tracking phone numbers, and record calls on your behalf if applicable in the management of your campaigns, for ‘customer service’ purposes, if/when that service is contracted. Domains purchased on your behalf will be released to you within thirty (30) days after service has been terminated and your account balance is paid in full. All creative assets, website edits, landing pages, and transferable campaigns will remain the property of client upon termination of this agreement.
3. Unacceptable Practices
As TPMD strives to offer the very best service, there are certain guidelines and policies that must govern TPMD’s efforts and relationships with its clients. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of TPMD’s services. Such decisions are at the sole discretion of TPMD. Unacceptable practices include, but are not limited to:
- Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
- Sexually oriented products or services (e.g. escort services), or other sexually oriented material
- Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes)
- Lingerie websites
- Offensive or otherwise distasteful material
- Content or language that is harmful to minors in any way
- Bulk emailing tools
- Distribution of internet viruses or other harmful or destructive activities
- Hacking and cracking
- Scams or phishing for personal information
- Solicitation of funds other than for legal charitable organization (exceptions granted on a case-by-case basis at TPMD’s discretion)
- Illegal Gambling, gaming, lotteries, and like activities Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy, racial, chauvinistic, ethnically offensive, complaint websites, or otherwise objectionable content or language
- Defamatory, hateful or revenge content or language.
- Aids to pass drug tests or aids to pass lie detector tests.
- Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism, piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties
- MLM without a legitimate product or service, with a front product or service, or where the primary intent is to recruit new members rather than to sell products
- Reverse Funnel Systems
- Cash Gifting
- Illegal drugs or drug paraphernalia
- Alcohol sales
- Tobacco sales
- Miracle cures
- Fake documents
- Fireworks, pyrotechnics, firearms, explosives or weapons.
- Intentional or unintentional violations of any applicable local, state, national or international law.
- Reselling of email accounts or hosting accounts to third parties.
- Reselling of any TPMD services including, but not limited to, design services, updates, and WTD to third parties without a written re- seller agreement.
- Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email
- Links to other sites that are in violation of TPMD’ policies and guidelines
Other activities, whether lawful or unlawful, that TMPD deems to be in poor taste or that reflect adversely on TPMD or TPMD’ other clients
Upon the contingency which TPMD accepts a contract for services on this list, any and all work performed will be compensated regardless of approval by Google, Bing, Yahoo, or any other outside agency.
You agree to pay TPMD monthly fees to manage your online advertising & marketing services program in the amount stated in your most recent TPMD Digital Marketing Agreement (“Agreement”). TPMD may change the maximum monthly fees in accordance with procedures established by our search providers and publishers from time to time upon notifications; however, such maximum monthly fee will not exceed what is stated in your most recent TPMD Agreement. Monthly fee does not include monthly ad spend to be paid by client directly to Google, Facebook, Youtube, etc. CLIENT IS RESPONSIBLE FOR ALL AD COSTS.
If an account becomes 30 days past due, all programs & activities will be paused until payment is made and the account is cure nt. At 90 days past due, the account is to be handed over to collection.
The Client agrees to pay TPMD compensation for the Services agreed upon between the Client and the Company as set out in the Client’s Agreement, including the Services for Client (SFC), and this Terms and Conditions, as applicable. An initial invoice will be issued upon execution of the Client’s Agreement, and payment is due upon receipt. Future invoices are delivered on or about the same day each month as initial invoice. Payment is due within 15 days of receiving invoice (Net 15). Marketing and advertising programs may be paused if payment has not been made by payment due date ; re-initiation fees may apply.
The TPMD Agreement specifies the initial term for which program rates will be guaranteed, and will be for no less than six (6) months unless otherwise agreed to by both parties in the Agreement and/or SFC. You may terminate this Agreement at any time and without penalty by providing 30 days’ written notice to TPMD, including, but not limited to, notice via e-mail sent to [email protected]. Agreement may also be terminated if at anytime TPMD is in breach of the agreement, or causes irreparable harm to client.
7. Representations and Warranties; License and Grant of Rights
You represent and warrant that you have and will continue to have the absolute and unrestricted right to publish and use all information you have provided for your advertising programs and that the content does not infringe on the rights of any third party and t hat it complies with all local, state and federal laws and regulations.
Each party warrants that its respective performance of the terms of this agreement will not in any way constitute knowing, intentional infringement or violation of any copyright, trade secret, trademark, patent, invention or any other nondisclosure rights of any third party. You indemnify and hold harmless TPMD against all costs (including attorney fees), damages and liabilities arising from negligent or intended acts on your part constituting the violation of any copyright, trade secret, trademark, service mark, patent, invention, proprietary information or nondisclosure rights of any third party. To the full extent of the law, you wil l pay any expenses or damages to TPMD resulting from claims made by third parties with regard to usage of material you have provided, even after termination of our Agreement.
TPMD will indemnify you and hold you harmless against all costs (including attorney’s fees), damages and liabilities arising from negligent or intended acts on the part of TPMD.
9. No Guarantees
You acknowledge and agree that TPMD makes no specific guarantee or warranty regarding the search providers and publishers to which it submits advertising or website SEO on your behalf, including placement of paid search advertising or any specific SEO results. TPMD does not warrant the number of calls, clicks, impressions or website visits or that paid search advertising or organic website search will appear in response to any particular search query. TPMD does not warrant that the performance will be error-free but will immediately act to correct errors once they have been identified.
10. Disclaimer of Warranties
To the maximum extent permitted by applicable law, TPMD and its suppliers disclaim all warranties not expressly set forth in this document, whether express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to TPMD services.
11. Limitation of Liability and Applicable Law
In no event shall you be liable to TPMD for any special, indirect, incidental, consequential or punitive damages (including any claim for lost profits or revenues) even if advised of the possibility of such damages. The maximum aggregate liability TPMD may have to you, with the exception of its indemnification obligations identified above, will be limited to the total amount of fees collected from you. TPMD will have no liability in connection with the functionality or content of any search p rovider or internet publisher or website not owned by TPMD. This agreement shall be governed and construed by the laws of the State of New York. Any claims by either party against this agreement must be made within 6 months from the date of the subject of the claim. Claims against TPMD must be made in writing to: TPMD, 1178 Broadway, 3rd Floor #1421, New York, NY 10001. Should a claim arise, the parties agree to waive a trial by jury and to seek resolution by binding arbitration in New York State using a mutually agreed upon member of the American Arbitration Association.
12. Change Requests
- Any change requests made after the signing of this agreement and that are not explicitly included in the Services for Client (SFC) section of the Client’s Agreement will be considered a Change Request and will require additional production time and additional fees.
- It is the client’s responsibility to ensure that all requests made during this project are within the Services for Client stated above before being sent to Consultant.
- All requests sent to Consultant that are outside of the SFC will be assumed to be approved and that Consultant is authorized to proceed with requested changes unless there is a request for quote at the time of submitting the change request.
- For requests that are outside of the SFC and that a quote has been requested, the project will be placed on hold until a quote has been provided to the Client and the Client has approved or rejected the changes and estimated additional fees in writing.
- Requests that are outside of the SFC will be billed at the standard hourly rate at the time of request and invoiced for actual time spent to complete the request.
13. Promotional Use
Consultant retains the right to use the project and any videos or images of the project as deemed fit for promotional and marketing purposes
14. Force Majeure
Neither you nor TPMD will be in breach of its obligations under these Terms and Conditions of Service (other than obligation to pay monies due) in the event that, for cause(s) beyond reasonable control, each party is unable to perform, in whole or in part, any one or more of its obligations. Such causes will include, but not be limited to governmental regulation, fire or other causality, inability to obtain materials or services, technical failure or difficulties, problems or interruptions of the internet, or any other cause not within the reasonable control of either party.
We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.
Information Collection And Use
While marketing your Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name, email, mailing address, and payment information for agreed upon fees. (“Personal Information”).
Like many marketing agencies, we collect information regarding the performance of our website and other digital properties.
This Log Data may include information such as a computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of the Site that users, the time and date of visits, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this data. All data collection is in accordance with Google policies and present laws.
We may use Personal Information to contact you with newsletters, marketing or promotional materials and other information. You may unsubscribe at any time. Your website visitors and customers are never contacted unless it is included within the marketing activities that you have engaged us to perform on your behalf.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.
Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
The security of your Personal Information is important to us but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
TPMD may assign, delegate or subcontract any rights or obligations under this Terms and Conditions of Service.
This Terms and Conditions of Service represent the parties’ entire agreement with regard to TPMD’s provision of services. Agreement with these terms and conditions is upon signature of TPMD’s Contract, and it will be binding upon you and your successors.
The person signing the Contract certifies that (s)he is lawfully authorized to purchase services on behalf of your company.
19. Effective Upon Execution
Terms and Conditions are binding on both parties on the date the Statement of Work is signed and/or payment is made.
END OF TERMS