Acceptance by Client of a Professional Services Agreement issued by AnalyticsHelp, to which these terms and conditions are attached or by reference made a part of, shall constitute an agreement between Client and AnalyticsHelp with respect to the responsibilities of AnalyticsHelp and Client pursuant to the Professional Services Agreement and these Terms and Conditions (collectively referred to as the “Agreement”). Client represents and warrants that: (1) it has the full authority to enter into the Agreement and to perform the acts or obligations required of it in the Agreement; (2) the execution of the Agreement and the performance of its obligations do not and will not violate any other agreement that it is a party to; (3) the Agreement will constitute the legal, valid and binding obligation of each party, enforceable against each party in accordance with its terms.
Scope of Service
AnalyticsHelp shall provide only those professional services selected by the Client from the task list (the “Work”). Client understands and agrees that, unless listed in the task list, AnalyticsHelp is not responsible for any other work or scope of supply or any disclosure, notifications or reports that may be required to be made to third parties, including appropriate governmental authorities. If Client requests (via email or via AnalyticsHelp’s dashboard project/task request feature) and AnalyticsHelp agrees to perform any services that are in addition to or outside the scope of Work identified in the task list, Client shall promptly pay AnalyticsHelp for such services in accordance with AnalyticsHelp’s standard terms and rates for the services performed.
Access to Google Analaytics and Google Tag Manager
Client will provide Edit, Collaborate and Read & Analyze rights to all relevant Google Analytics properties and or Google Tag Manager containers as is necessary for AnalyticsHelp to timely and fully complete the Work.
Client’s failure to pay on time constitutes a material breach of contract by Client permitting AnalyticsHelp to suspend its performance hereunder and/or the provision of its services;
By selecting a monthly billing plan, in order to avoid interruptions of the Work and services, the Client authorizes AnalyticsHelp to continue billing his payment method up until he manually disables it from his account dashboard or notifies us via email.
For each payment, invoices are provided in the client’s account dashboard.
AnalyticsHelp provides up to 30% refund for all Work and services provided in the past one month.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, ANALYTICSHELP’s SERVICES ARE PROVIDED “AS IS”. ANALYTICSHELP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ANALYTICSHELP DOES NOT WARRANT THAT THE SERVICES WILL MEET CLIENT’S SPECIFIC REQUIREMENTS OR THAT THE SERVICES WILL BE COMPLETELY ERROR-FREE, COMPLETELY SECURE OR UNINTERRUPTED. ANALYTICSHELP SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY UNAVAILABILITY OR INOPERABILITY OF TELECOMMUNICATIONS SYSTEMS, THE INTERNET, SEARCH ENGINES, SOCIAL MEDIA SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMTION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF ANALYTICSHELP. CLIENT ASSUMES ALL RISKS RELATED TO PROCESSING OF TRANSACTIONS RELATED TO ELECTRONIC COMMERCE. CLIENT’S SOLE REMEDY FOR A BREACH OF THE FOREGOING WARRANTY IS TO REQUIRE ANALYTICSHELP TO CORRECT OR REPLACE, AT ANALYTICSHELP’S ELECTION, THE AFFECTED SERVICE IF CLIENT GIVES NOTICE TO ANALYTICSHELP OF SUCH BREACH WITHIN 1 MONTH FROM THE DATE THE AFFECTED SERVICES WERE PROVIDED.
LIMITATION OF LIABILITY
EXCEPT WITH RESPECT TO EACH PARTY’S INDEMNITY OBLIGATIONS HEREUNDER, BREACH OF A PARTY’S CONFIDENTIALITY OBLIGATIONS AND/OR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A PARTY, IN NO EVENT WILL ANALYTICSHELP, IT’S OWNERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, AND PARTNERS (“AGENTS”) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF USE, DATA, BUSINESS OR PROFITS OR COSTS OF COVER) ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, OR PROFESSIONAL ERRORS OR OMISSIONS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON AGREEMENT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL ANALYTICSHELP OR ITS AGENTS AGGREGATE LIABILITY EXCEED THE GREATER OF THE AMOUNT YOU PAID ANALYTICSHELP IN THE LAST ONE MONTH, OR $500.00. ANALYTICSHELP SHALL NOT BE LIABLE TO CLIENT OR CLIENT’S REPRESENTATIVES FOR ANY HARM RESULTING FROM ANY USE OF CONFIDENTIAL INFORMATION.
Neither party shall be liable for any default or delay in the performance of its obligations under this Agreement to the extent such default or delay is caused, directly or indirectly, by reason of fire, earthquake, labor dispute (other than labor disputes of such party or its independent contractors and its employees), act of God, acts of terrorism, or any local, state, federal, national or international law, governmental order or regulation or any other event beyond a party’s reasonable control.
Each provision of the Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is held invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision. Indemnification, Client’s Ownership and AnalyticsHelp’s Ownership and shall survive termination or cancellation of the Agreement.
For questions regarding our Terms and Conditions, please contact us.