Terms and Conditions

This document is an agreement between you as the Client and CLEVER CLICK 360 as your service provider of CLEVER CLICK 360. By hiring the services of CLEVER CLICK 360, you must have read and accepted the terms and conditions outlined in this agreement, as it lists the rights and obligations for both parties.

Unless there is one signed between THE CLIENT and CLEVER CLICK 360, the Client agrees that this agreement replaces any other contract. CLEVER CLICK 360, el Cliente acepta que este convenio reemplaza cualquier otro contrato. 

IDENTIFICATION OF THE WEBSITE MANAGER

In accordance with the FEDERAL LAW FOR THE PROTECTION OF PERSONAL DATA HELD BY PRIVATE PARTIES, we inform you that CMS ONLINE SERVICES, S.C. (hereafter CLEVER CLICK 360) will be the "RESPONSIBLE" for processing your personal data collected on this website, according to the Privacy Notice contemplated herein. The purpose of this website is to generate informational content available to users to create channels of information, opinions, and collaboration.

You can also contact us via email at [email protected]. [email protected].

QUOTATION AND WORK PROPOSAL

CLEVER CLICK 360 CLEVER CLICK 360 will follow up with the client to determine what type(s) of service(s) will be carried out and will prepare a work proposal specifying the scope of the project according to the client's budget, as well as the time it will take to develop their project.

Our prices are subject to negotiation prior documentation through a contract. In the case that the client has not contracted the project and the prices have been modified, a new quotation with the new prices will be made. The client may request that the previous quotation be honored if it is less than 30 days old.

PORTFOLIO AND LINK TO OUR SITE

The Client agrees that CLEVER CLICK 360 may add their company and contracted project as part of its portfolio to show to the general public.

The Client agrees that if their project is a website operated by CLEVER CLICK 360, they may place at the footer of the site a text, image, or information related to their products and/or services that links to their site, without any cost or charge to the Client.

PROJECT DELIVERY TIME

Unless agreed upon in writing between the parties, the delivery time of any project will depend on the services requested in the purchase orders. If there is any delay or extension in this delivery time during the development of the project, the client will be notified via phone or electronically, to inform them of the reason for the delay and the new delivery date.

In case there are too many projects in production, the delivery time can be extended to more than 30 business days. CLEVER CLICK 360 is obliged to inform the client about such situation before the hiring and to make an estimate of the project's delivery time. The client must determine if the estimated delivery time does not affect their deadlines or plans for their company, and will decide whether or not to proceed with the project.

ADVANCE PAYMENT

Before starting any project, 50% of the total cost is required as an advance for our services.

In some cases, 100% of the project may be required in advance, as is the case for corporate identity design and certain web design plans where specified.

Any kind of advance payment made to CLEVER CLICK 360 or its legal representative will NOT be refundable for any reason, and the Client releases from any responsibility and legal litigation of any kind in case of occurrence, since partial or total advances are used for payments on the project requested by the client.

PAYMENT FOR MONTHLY SERVICE

Unless agreed upon in writing by the parties, THE CLIENT agrees that in the case of hiring any service that requires a monthly payment, it must be made in advance, the first payment must be made at the time of contracting and subsequent payments will be made on one of our two available payment dates, the 1st or the 15th of each month. In the case that the client is delayed in their payment, THE CLIENT will have to make a payment of 5% weekly as a late fee and interest generation, until THE CLIENT pays the account in full. CLEVER CLICK 360 will suspend the service, without this meaning that the monthly billing will be suspended, being that the accumulated monthly fees will accrue interest.

THE CLIENT agrees that in case a collection or seizure procedure is required due to non-payment, THE CLIENT will fully cover the legal proceedings, damages and/or losses that these may trigger.

MATERIAL FOR THE WEBSITE

The client commits to supplying all the necessary material to develop their website: texts, photographs, company logo, slogan and/or advertising phrases, privacy notices, legal terms, and other graphic elements required. Likewise, the material must meet the quality standards suitable for the development of their website.

The project will enter production when the complete, reviewed, and structured material is accounted for. From this moment, the business days for the delivery time will start to be counted.

The client must deliver to CLEVER CLICK 360 the complete material for their site, organized and structured, no later than 1 week (7 calendar days) after having made the advance payment for their project, unless another term is agreed upon in writing. Otherwise, CLEVER CLICK 360. will be exempt from responsibilities and even the project may be canceled.

The material for the website must be suitable for the size of the project, according to the quotation previously accepted by the client. In case the final structure of the site requires the addition of new information pages, graphics, animations, forms, or any element that was not quoted, this will generate an extra charge, which will be notified to the client for their approval or rejection.

PROJECT DEVELOPMENT

CLEVER CLICK 360 will present the client with a preliminary draft of the project (design screen) for approval or modification. During this stage, the client can request any changes or modifications in the design that they consider necessary, so that the project meets the commercial needs of their company and projects the desired image.

Once the preliminary design is approved by the client, work will begin on the development of the project. Any modification requested on the previously approved design will incur an extra charge. CLEVER CLICK 360 will keep the client informed of such circumstances.

CLEVER CLICK 360 will maintain constant communication with the client during the development of the project, whenever it is necessary for the client to approve the development of various graphic elements of the site such as table formats, graphics, animations, etc.

Upon completion of the project development, the final result will be shown to the client, who must perform a final review of the website to ensure all information is correct and may also request any modifications required to adjust the final details.

Any addition of additional information to the website or modifications to the formats previously approved will be quoted separately in case the cost is different. Sometimes it will be necessary to settle the remaining 50% of the project before making the new modifications. CLEVER CLICK 360 commits to keeping the client informed and determining the best time to make such modifications, considering the hours of work and their difficulty.

FINAL PAYMENT AND PROJECT DELIVERY

Unless there is an agreement of the parties in writing in a contract, when the project is completed, the client will be asked for the final payment of 50%, which must be covered no later than the following 5 business days. If the client delays more than the stipulated time to settle the project, a penalty of 30% per month on the final payment will be charged, unless otherwise agreed. CLEVER CLICK 360 is exempted from delivering the project to the client while the total payment has not been covered.

EXTRA CHARGES

In order not to affect the client's budget, any extra charge that may arise during the project, WILL ALWAYS BE NOTIFIED TO THE CLIENT BEFORE CARRYING IT OUT. The client will decide whether to give their approval to proceed with the modifications or discard them and continue with what was previously quoted. Extra charges may be calculated by hours of work considering the degree of difficulty of the modifications or by object according to our price list.

PROJECT CANCELLATION AND REFUNDS

Any cancellation of the service by the client is exempt from the return of any amount of money by CLEVER CLICK 360.

CLEVER CLICK 360 has the freedom to cancel or drop the project in case the client does not comply with their obligations stipulated in this agreement, during the development of the project.

The client accepts that CLEVER CLICK 360 is exempt from the return of any advance if the project has begun to be worked on and the design screen or preliminary sketch is finished or in production. This payment will be retained to cover the man-hours used in their project.

In case of wanting to cancel the project when it is completed or in the process of delivery, the remaining 50% of the settlement must be covered.

The Client agrees that once the development is delivered, they have 7 (SEVEN) business days to make any minor modification to the site (text adjustments, image and/or color changes); these do not include modifications in structure.

The client agrees that once any of our services at CLEVER CLICK 360 are contracted, they may use their Name, Brand, Logo, and/or work done as a portfolio and reference that they are clients of the same.

CLEVER CLICK 360 reserves the right not to finish a website if after 15 days of having received the initial payment, the complete information has not been received from the client, or the project cannot be finished during this time due to issues beyond CLEVER CLICK 360. In case of cancellation, CLEVER CLICK 360 owns any work done up to the date of cancellation.

PROMOTIONS

The promotions section lists the current promotions, which may be modified or replaced after some time. In the event that the promotion or discount is no longer on the page, CLEVER CLICK 360 is not obliged to validate such promotion.

Some promotions are exclusive to existing clients of CLEVER CLICK 360 to reward their loyalty and preference, and for that reason, they cannot be applied to a new client, under any circumstances.

Any promotion shared on social media by our Marketing team must have the policies within the same publication or link to the policies of the same.

SERVICE RENEWAL

Once a year has passed, the annual renewal of the web hosting service must be carried out according to the characteristics and rate of the corresponding plan, as well as the rights to the corresponding domain name.

PROHIBITED ACTIVITIES

• SPAMMING - Sending large volumes of unsolicited commercial messages, or both, over the Internet (known as "Spamming").
• OBSCENE EXPRESSIONS OR MATERIALS - The use of CLEVER CLICK 360's network to advertise, transmit, store, publish, display, or otherwise make available child pornography or obscene expressions or materials is not allowed and accepted. Such an act is sanctioned by law.
• DEFAMATORY OR ABUSIVE LANGUAGE - Using CLEVER CLICK 360's network as a means to transmit or publish defamatory, harassing, abusive, or threatening language.
• PHISHING - Designing WEB pages identical to established ones to obtain or extract personal information from third parties is punishable by law. This also applies to sending emails that impersonate the original sender.
• ILLEGAL OR UNAUTHORIZED ACCESS TO OTHER COMPUTERS OR NETWORKS - Illegal or unauthorized access to computers, accounts, or networks belonging to another party, or attempting to penetrate another individual's system security measures (often referred to as "hacking"). Also, any activity that could be used as a precursor to attempting to penetrate a system (i.e., port scanning, stealth scanning, or other information gathering activity).
• DISTRIBUTION OF INTERNET VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE ACTIVITIES - Distributing information about creating and sending viruses, worms, Trojan horses, pinging, flooding, or denial of service attacks. Also, activities that disrupt the use or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
• EXPORT CONTROL VIOLATIONS - Exporting encryption software over the Internet or by other means to locations outside of Mexico.
• USENET GROUPS - CLEVER CLICK 360 reserves the right not to accept postings from those news groups whose contents are in violation of these prohibitions.
• OTHER ILLEGAL ACTIVITIES - Engaging in activities declared illegal, including posting, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulent credit card charges, and piracy.
• IDENTITY THEFT - Pretending to be another person, entity, company, or government not corresponding to reality.
• FRAUDULENT ACTIVITIES - Receiving payments for products or services without delivering them.
• OTHER ACTIVITIES - Include practicing activities, whether legal or illegal, that CLEVER CLICK 360 determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
• For any questions, you can contact us through our phones or our contact form.

DISCLAIMER OF LIABILITY

CLEVER CLICK 360 is not responsible for its clients or their activities since they belong to an entity independent of the agency. However, CLEVER CLICK 360 commits to follow the laws and investigations that may be necessary to develop. Consequently, if any activity prohibited by law is detected or if you are a victim of such an activity within one of our client's sites, we ask you to communicate with us with an order issued by a competent authority with the investigation folder number to carry out the necessary procedures and thus be able to cancel the service, website, or advertising made to this client.

DISCLAIMER OF LIABILITY FOR GOOGLE ADS ADDICTION CLINICS

CLEVER CLICK 360 is not responsible for advertising investment, campaign cancellation, problems with Google accounts, or any other problem arising from the hiring of this service, given that they violate Google Ads policies. When hiring this service, any liability must be covered by THE CLIENT. In case the client requests a refund due to ad blocking, campaigns, or any other derivative of non-compliance with Google Ads policies, CLEVER CLICK 360 will be exempt from liability on the part of THE CLIENT or third parties, and THE CLIENT will bear all responsibility, litigation payments, and any punitive damage that may be generated.

DISCLAIMER OF LIABILITY FOR GOOGLE ADS

CLEVER CLICK 360 is not responsible for advertising investment, as it depends on third-party systems that change constantly. THE CLIENT accepts that the investment can be managed by us as well as their campaign to the best possible standards by CLEVER CLICK 360. The client accepts that if the campaigns do not meet their expectations, the investment will not be refunded by CLEVER CLICK 360, as well as any service delivered by CLEVER CLICK 360, whether partial or total.

APPROVALS AND MODIFICATIONS

THE CLIENT will have a maximum of 24 hours to approve or request modifications on any work presented by CLEVER CLICK 360, provided that such requests do not exceed the maximum number of changes established for each particular service. If THE CLIENT requests additional changes, these will be considered as extra work and will be subject to an additional cost, which will be quoted and agreed upon with THE CLIENT before any additional work is performed.

CLEVER CLICK 360 reserves the right to suspend or cancel the service if THE CLIENT does not approve or request modifications within a maximum period of 24 hours, and no refund will be made for the unused time of the service.

It is THE CLIENT's responsibility to carefully review all the work presented by CLEVER CLICK 360 and make any request for approval or modification within the established maximum period. CLEVER CLICK 360 will not be responsible for any errors, omissions, or delays in the approval or modification of the submitted work.

MODIFICATIONS TO THIS AGREEMENT

The current terms and conditions are subject to change without prior notice by CLEVER CLICK 360. Any case that has not been exposed in this agreement will be subject to review and discussion by the CLEVER CLICK 360 team to determine the best possible solution, which is fair and benefits both the client and our work team.