TERMS OF SERVICE & USE of
THE GO BIG COLLECTIVE CORPORATION
Last updated: February 15, 2017
Welcome to ‘www.ohmymetrics.com’ (“the Website”).
The Website is owned and operated by ‘The Go Big Collective Corporation’ (“the Company”). If you are using or placing an order on the various plans of the Company or related service(s) (“the Order”) on behalf of a Company or other entity, then “Customer” or “you” means that entity, and you are binding that entity to the Agreement. You represent and warrant that you have the legal power and authority to enter into the Agreement and that, if the Customer is an entity, the Agreement is entered into by an employee or agent with all necessary authority to bind that entity to the Agreement.
The terms and conditions hereinafter refers (“the Term”) shall govern all of the rights and obligations of you and the Company associated with any and all uses of the Service by you (“the Agreement”).
By placing the Order and/or using or accessing any of the Company’s related services, you agree to all the terms and conditions of the Agreement.
The terms and conditions of the Agreement (together with any other terms and conditions agreed in writing between the Company and the User from time to time) constitute the entire agreement between the parties and supersede any previous agreement(s) or understanding(s) and may not be varied except with notice from the Company.
No failure or delay by the Company in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by the Company of any breach of the Contract by the User shall be considered as a waiver of any subsequent breach of the same or any other provision.
DEFINITION AND INTERPRETATION
The following words used herein have the following definitions and meanings :-
‘Client’ refers to you as the receiver of the Services and will also include inter alia, to your
employees, agents, contractor, third parties, staffs or any entity that is duly authorized to act on behalf of you.
‘Parties’ collectively refers to as the Company and the Users and its employees, agents, contractor, third parties, staffs or any entity that is duly authorized to act on behalf of the Company and/or the User for the carrying out of the Services and ‘You’ as the Client and its authorized agents, contractors, employees or any entity duly authorized for and on behalf of you.
‘Services’ refers to the list of services set out in Clause 8 herein (subject to change).
‘Service Provider’ refers to the Company and/or its employees, agent, contractor, third parties, staff or any entity that is duly authorized to act on behalf of the Company for the carrying out of the Services.
‘We, Us or Our’ refers to the Company and its employees, agents, contractor, third parties, staffs or any entity that is duly authorized to act on behalf of the Company for the carrying out of the Services.
‘You or your’ refers to the Users with reference to clause 9.1.
The Company shall provide the services to the Client subject to the terms and conditions contained herein or any other reference to documents referred to by the Company to the User or such other terms and conditions as may be agreed in writing between the Client and the User.
Dashboards – the Tracking Software & Full Customization
The Company and the Website uses ‘Google Analytics’ as its web analytics service (“the Software”). The Software allows for a variety of custom dashboards and performance tracking for the end Users (“the Users”).
In addition to the use of the Software, the Company also provides to the Users, depending on the service plan chosen by the User, other services, inter alia, :-
Custom weekly / monthly / quarterly and yearly analytics reports;
Fully-Customized monthly strategy sessions, strategy videos (i.e. Users monthly in review, spotting the trend, forecasting the future and content strategy) (“Monthly Video Strategy Videos”); and
Additional one (1) hour of one-on-one Coaching.
Collectively referred to as (“the Services”).
By providing the Services, specifically referred to herein in Clause 9, the Company does not use/provide the followings to the Users :-
The Company and/or the Services do not create or manage marketing campaigns, ads or social media accounts; and
The Company and/or the Services do not require the access to the back end of the Users Website.
The Company may decline to provide the Services which it deems in its sole discretion immoral or unlawful.
If in any event, the Company is unable to provide the Services, it will inform the User as soon as reasonably possible.
The General Process
By providing the Services to the Users, the Company will optimize the following methods:-
The Company will assist the Users to setup the Users Company’s website with the Software to enable the tracking. The Company will provide customized tracking to the Users based on the specific needs of the User’s business and/or of the User’s Company.
The Users will not be charged by the Company any fees in respect of Clause 13.1(a).
Measure and Track
The Company will assist the Users to track the User’s website performance together with any individual campaigns it may have.
Report and Interpret
By providing the service in Clause 5.1 and 5.2 hereinabove referred to, the Company shall provide to the End Users, written reports, the contents of which are tailored to the End User’s Company and/or business (“the Reports”).
The Reports shall be provided on a weekly/monthly/biannual and/or annually basis (as the case may be, depending on chosen plan by User).
Custom Digital Strategy
In addition to the foregoing and the Reports, the Company may provide the Users on a monthly basis the Monthly Video Strategy Videos which will provide Users with information as to the Users web analytics and digital strategy based off of the Users analytics.
The Company may provide the Users with information in respect of ongoing optimization insights to allow the Users to know, inter alia, techniques and methods to ensure that website visitors are engaged to the User’s website.
In the event that the Services are unilaterally cancelled by the User and without any fault on the part of the Company whatsoever, the User hereby agrees and understands that such act of cancellation will render the Services disabled and the User will no longer have access to the Services.
For the avoidance of doubt, in the event that the Company has begun performance of the Services and the user has in the course of, exercised your right of termination or cancellation of the Agreement pursuant to the provision contained herein, the User will be liable to pay for any Services incurred by the Company up to the date of termination of the Agreement.
Without limitation to any of the rights contained herein and contractual remedies, the Company reserves the right to claim for any losses and damages incurred as a result of the termination.
Rights, Responsibility, Obligation and Due Diligence
At the absolute discretion of the Company, it will provide the User with the Services in its best endeavor on the basis agreed between the Parties.
Unless otherwise specified, the current version of the Terms will apply.
The User shall not request the Company to perform Services which are immoral or unlawful in nature. The decision will be at the absolute discretion of the Company.
The User shall endeavor to provide the Company with as much detailed information as possible regarding the Services under request in order for the Company to provide excellent Services.
Unless otherwise specified, Clause 14.1 herein shall not apply in the event of downtimes for scheduled maintenance, upgrades, repairs and emergency outages. The Company shall also not be liable in the event that the Services are prevented in the event of acts of god, strikes and/or any activities that are reasonably beyond the control of the Company as set out in Clause 14.6 herein.
By using the Services, and without prejudice to the rights in Clause 14.5 herein, you hereby agree and warrant to waive any claims against the Company and will not hold the Company responsible or liable for any failure in the Service resulting from or attributable to, inter alia :-
(a) unusually high usage volumes;
(b) failures in any telecommunications services, networks or systems;
(c) Client’s or any other third party’s negligence, acts or omissions:
(d) the unavailability for any period of the Source for any reason;
(e) any force majeure or other cause beyond Company’s reasonable control; or
(f) any unauthorized access to the Service or your account, breach of firewalls or other hacking.
Collectively referred to as (“Uncontrollable Events”)
By using the Services, you agree and consent not to do and/or cause any of the followings :-
use the Service to access any the Source not owned by you, or otherwise under your management and control, unless permission are granted and/or obtained from, inter alia, the original source, the person or entity that owns or otherwise has
management and control of the Source;
use the Service to process or permit to be processed the reports of an unauthorized third party;
except as expressly set forth herein, use the Service to publish, or provide to a third party, any results;
alter, merge, adapt, modify, translate, or create derivative works based on the Service; or
access the Service with any automated software program without the prior written consent of the Company.
The Sources of the Services
15.1 By using the Service, the Users understand and consent that the Service will include supplying information drawn from a variety of sources (“the Source”). The following list are not exhaustive and includes Services which are supported and not supported at the date of the entering of the Agreement :-
Google Search Console (Webmaster Tools)
The Company’s rights to restrict the Source
The Company reserves the right, in its sole discretion, to restrict the Sources you connect to your Service account in the event that:-
the volume of data being drawn from the Sources is negatively impacting the performance or operation of the Service;
the content or format of the data being drawn from a particular Source is found to be negatively impacting the operation of the Service; or
it is found that the inclusion of a particular Data Source in the Service violates the applicable laws or regulations, or the rights of any third party.
REGISTERING FOR THE SERVICES
In order to, inter alia, register, use or visit the Website and/or the Services, all users must be at least 13 years of age to visit the Site and/or to use the Service (“the Requirement”). In the event that you do not fulfill the Requirement, the Company prohibits you from accessing, using the Website, and you are hereby requested to terminate your use of the Website.
In the event that you have registered for any of the Service, the Service shall be deemed voidable at the option of the Company and the Company reserves the right to seek, inter alia, specific performance and/or loss and damages arising out of and in connection to the voidable contract.
In the event that you decide not to provide the personal information as suggested in Clause 19 herein, the Company may be unable to provide the User with the Service and we hereby reserve our rights to, without limitations, refuse the Service to any User and/or seek and consequential loss and damages as a result of the foregoing. .
PAYMENT OF THE SERVICES
The Various Plans provided by The Company
The Company offers the followings :-
Basic Plan $659 per month
The Company will provide the User with (1) the Setup with Google Analytics on the User’s Website and (2) provide automated Custom weekly / monthly / quarterly analytics reports
Pro Plan $859 per month
The Company will provide the User with (1) the Setup with Google Analytics on the User’s Website and (2) provide Custom weekly / monthly / quarterly analytics reports and (3) Fully-Customized Monthly Strategy Session.
Platinum Plan $1,059 per month
The Company will provide the User with (1) the Setup with Google Analytics on the User’s
Website and (2) provide Custom weekly / monthly / quarterly analytics reports (3) Fully-Customized Monthly Strategy Session and (4) Additional Hour of one-on-one Coaching.
(Collectively referred to as the (“Payment”) and/or the (“Monthly Charge”))
The Company requires payment for the Services to be made prior to the performance of Service.
The amount stated in Clause 21 herein is inclusive of Goods and Services Tax.
The Payment can and must be made via debit or credit card (Visa, Mastercard, American Express).
In the event that the Payment are made by direct debit to your Credit Card, you hereby consent and agree to the Company billing your Credit Card for the Services in respect of the payment automatically on a monthly basis.
In the event that Payment is not made by direct debit to your Credit Card, all invoices are required to be paid in full within 15 days from the date of the Invoice.
The Company shall effect reminders to the User respectively by way of email in the event of an unsettled Invoice to inquire about the status of the unpaid Invoice (“the Reminder”).
After 30 days from the date of the Reminder, we reserve the right including but not limited to automatically process the payment of an unpaid invoice from your credit card.
For any reasons, you fail to in any way make Payment, the Company reserves the right to refuse to provide the User with the Services or any part thereof and/or charge interest on any outstanding amounts if those outstanding amounts remain unpaid from the date payment is required.
By registering and agreeing to the Payment and proceeding with the same by Credit Card payment, you hereby agree and consent that from the beginning of the first calendar month after registration, recurring account charges are billed in advance on a monthly basis on or about the same day of the month that the account was registered. Your credit card will be charged on a recurring monthly basis in accordance with the Plan the User have choose in Clause 21 herein.
For the avoidance of doubt, if at any time the credit card that you have provided for the Payment is rejected, the unpaid fee will be considered past due and will be subject to a late payment charge until paid at the rate of 2.5% per month or the maximum amount permitted by law, whichever is less.
If any payment is past due, the Company shall have the right to take whatever action it deems appropriate (including without limitation, suspending or terminating your ability to access or use the Service, relinquishing custom dashboards, etc.). You agree to reimburse the Company for all reasonable costs (including attorneys’ fees) incurred in collecting payments from you.
For the avoidance of doubt, the Company will not issue refunds for periods of inactivity within an open account.
The Company shall be entitled to vary the Payment from time to time and shall communicate any such changes to the User before any payment is made (“the Price Change”).
The Price Change are applied to the monthly charge in the billing cycle following the effective date of the price change.
UPGRADES, DOWNGRADES, AND CANCELLATION OF THE SERVICE
The Users have the option to upgrade, downgrade or cancel the Monthly Charge at any time during this Term. The Service is billed in advance on a monthly basis and is non-refundable.
In the event that you wish to cancel your account and without prejudice to the rights in Clause 13.6 herein, the User may contact the Company directly at ‘email@example.com’.
For the avoidance of doubt, no refunds will be provided for days remaining in the period that have been pre-billed.
COMMENCEMENT AND TERMINATION OF THE SERVICE
The Service shall commence upon the registration of the Service and effecting the Payment, as hereinabove referred to.
Without prejudice to any other rights and remedies available, the Company shall have the right to terminate the Agreement for the provision of all or any of the Services upon written notice if the User commits a serious breach of the terms and conditions contained herein. The Company reserves the right to claim against the User including but not limited to losses and damages as a result of the termination by the User.
The User may terminate its account with the Company and the Service at any time by sending an email to firstname.lastname@example.org. On termination for any reason whatsoever, the User shall immediately make payment to the Company of all and any sums outstanding and owing to the Company.
Upon the termination of your account, for whatever reason, and without limitations to any rights of the Company, the User will no longer have access to the Website and/or the Service. If you choose to
terminate your account, you will not be entitled to any refund of any fees billed in advance to your credit card.
In the event that a deposit is paid by the User (if any), at the sole discretion of the Company, the deposit will be retained by the Company and for the necessary deduction of the Company losses and costs without prejudice to its rights to further claim damages against you.
LIABILITY, EXCLUSION AND LIMITATIONS
The Company warrants to the User that it shall use all of its reasonable endeavors to provide the Services using reasonable care and skill and as far as reasonably possible.
The Company will not exclude or limit liability for its negligence or negligent omission which causes personal injury or death.
The Company shall not be liable for any loss, cost, expense or damage of any nature whatsoever (whether direct or indirect) resulting from the use of Services except where it is expressly determined that a person acting under the direct instruction of the Company has knowingly acted in a negligent manner.
The Company shall have no liability to the User for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by the User which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any other fault of the User.
The Company shall not be liable or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure, any of the Company’s obligations in relation to the Services, if the delay or failure was due to any cause beyond the Company’s reasonable control.
Subject to the provisions of the terms and conditions contained herein, the maximum liability of the Company to the User for breach of any of its obligations hereunder shall be limited to the value of the Payments (provided that the Payment has at such time been paid by the User in full).
DISCLOSURE OF INFORMATION
All information received by the Company in relation to the User shall remain confidential and, except as maybe required by law, the Company shall not, without the User’s prior written consent, disclose or divulge to any third party any information of any nature whatsoever in relation to the User.
Unless the Company receives notice from the User to the contrary, the Company may from time to
time provide to the User such information in relation to the Services that the Company considers may be of interest to the User.
Company encourages ideas, suggestions and recommendations regarding corrections, improvements, and extensions to the Service (“Feedback”). If User provides any Feedback to Company :-
User represents and warrants that the Feedback does not include any confidential or proprietary information of any third party;
User acknowledges and agrees that Company is under no obligation of confidentiality, express or implied, with respect to the Feedback; and
LINKS TO THIRD PARTY SITES
The Company may contain links to other website (“Linked Sites”). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or update to a Linked Site. The Company is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE / INTELLECTUAL PROPERTY
You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any material or information through any means not intentionally made available through the Website.
All content included herein, such as inter alia, text, graphics, logos, images, videos, as well as the compilation thereof, and any software used on the Website, is the property of the Company and/or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website.
The Company content is not for resale.
Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
All information and content on the Website are controlled, operated and administered by the Company from our offices within the U.S.A. If you access the information and content from a location outside the USA, you are responsible for compliance with all local laws.
You agree that you will not use the Company’s Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless, without limitations, the Company’s, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
DISCLAIMER OF WARRANTIES
The Service is provided on an “as is” and “as available” basis, without any representations, warranties or conditions, express or implied, written or oral, including, but not limited to, the implied warranties of
title, non-infringement, integration merchantability or fitness for a particular purpose, and any warranties implied by or arising under any law, statute, usage of trade, course of dealing, or otherwise. company does not warrant that any results can be achieved or that the service will meet your requirements or be uninterrupted, error-free, secure, virus-free or without delay.
GENERAL DISCLAIMER OF SERVICES
It is advised that Client/User always review reports and compare to any data resources they may have, to account for any margins for error, whether man-made or made by tracking software. It is advised to also review strategy insights made by ohmymetrics.com in-house before implementing, as Client/User is liable for any and all business decisions. All consequences, good or bad, of marketing decisions will always be the responsibility of Client/User, as insights may be fallible and a margin of error may exist. Ohmymetrics.com will always act in good faith to only offer coaching/strategy that will benefit the Client/User.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, company shall not be liable concerning any subject matter related to the site or service, regardless of the form of any claim or action (whether in contract, negligence, strict liability or otherwise), for any (a) matter beyond its reasonable control, or cost of procuring substitute technologies, goods or services, (b) indirect, punitive, incidental, reliance, special, exemplary or consequential damages including, but not limited to, interruption or loss of data, use, business, revenues, profits or goodwill or (c) aggregate damages, in excess of amounts paid to company by you hereunder for the service during the 12-month period prior to the date the cause of action arose, even if company has been advised of the possibility of such damages. These limitations are independent from all other provisions of these terms of service and shall apply notwithstanding the failure of any remedy provided herein.
Some states and other jurisdictions do not allow the exclusion or limitation for incidental or consequential damages, so the above limitations may not apply to you.
These Terms of Service, constitute the entire agreement between User and Company, and supersede all prior negotiations, understandings or agreements (oral or written), between the parties with respect to the subject matter hereof. No consent, waiver or change will be effective unless in writing and signed by the party against which enforcement is sought. The failure of either party to enforce its rights under these Terms of Service at any time for any period will not be construed as a waiver of such rights. Except as specifically provided otherwise, each right and remedy in these Terms of Service is in addition to any other right or remedy, at law or in equity. If any provision of these Terms of Service is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provision of these Terms, including, without limitation, this
Any notice or other communication hereunder shall be in writing and either personally delivered or sent via confirmed email, confirmed facsimile, recognized express delivery courier or certified or registered mail (prepaid and return receipt requested). All notices shall be in English, and effective upon receipt.
User’s rights and obligations hereunder may not be assigned or otherwise transferred by User without the prior written consent of Company. Any attempted transfer in violation hereof will be void and of no effect. Company may subcontract, delegate, assign or transfer any or all of its rights and obligations hereunder without consent. These Terms of Service will be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the parties.
OH MY! METRICS is the trademark of The Go Big Collective Corporation. The names and logos of companies and products mentioned at the Site or in the Service may be the trademarks of their respective owners.
CHANGES TO TERMS
The Company reserves the right, in its sole discretion, to change the Terms. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
If any provision of this Agreement is found by any Court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement may otherwise remain in effect.
Neither Party will be liable for any delay or failure to perform its obligations under the Agreement (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.
Nothing in the Agreement prevents the Company from disclosing User information and data to the extent required by law, subpoenas, or court orders, but the Company will use commercially reasonable efforts to notify the User where permitted to do so.
Unless otherwise specifically set forth herein, any contact or notice under these Terms of Service should be directed to:
The Go Big Collective Corporation
1732 1st Ave #25559
New York, NY 10128