Terms & Conditions

1.1 “Credentials”means Client’s personally identifiable information, including any contact information, usernames, passwords, email addresses, payment information and/or any other information which MediaNV may require in order to fulfill the terms of the Agreement.

1.2 “Package” means any of the service packages as defined above in the portion of this webpage entitled “Packages and Services,” the services they include, and the software necessary to benefit from them, which are purchased by Client via the Agreement.

(a) Client has the necessary rights and authority to enter into the Agreement and to grant MediaNV the licenses necessary to contract with MediaNV, and the execution of the Agreement by Client, and the performance of its obligations and duties hereunder, does not and will not affect a breach of any other agreement to which Client is a party, or by which it is otherwise bound.

4.1 Prohibitions on Transfer and Exploitation of the Packages. Client may not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit, make available to any third party, or otherwise use the Package(s), except as permitted by the Agreement and these Terms & Conditions.

5.1 Method and Time for Payment. Client shall provide MediaNV with credit/debit card information within seven (7) business days of the signing of the Agreement by both Parties. MediaNV shall automatically charge Client’s credit/debit card for the Package(s) provided by MediaNV following the launch of said Packages. Regarding Package(s) to be paid on a monthly basis, MediaNV shall charge Client’s credit/debit card monthly for the duration of the Agreement Term following the initial monthly charge.

5.2 MediaNV’s Right to Charge Client for the Full Term of the Agreement. MediaNV must launch all Packages within 120 days of the signing ofthe Agreement. If, for the reasons set out in 9(b) and/or 9(c) of these Terms &Conditions, MediaNV fails to launch such Packages, MediaNV may automatically chargeand/or continue charging (where this applies) Client’s credit/debit card for the fullamount and term of the Agreement.

5.3 Refund Policy. All sales pursuant to the Agreement are final. There are no refunds for contracted Packages for any reason. If Client decides to discontinue the Packages for any reason, MediaNV may maintain credit card authorization on file, and Client remains liable for all sums due under the full term of the Agreement.

5.4 Penalties. MediaNV may charge a 7% penalty for payments received after five (5) days of expected billing date.

5.5 Chargebacks. Client acknowledges and agrees that all amounts charged under the Agreement are for Packages and services rendered during the applicable billing period, and are presumed to have been delivered. If Client has any concern or dispute regarding a charge, Client must raise it in writing to MediaNV at [email protected] within sixty (60) days of the charge. Upon receipt of a timely written dispute, MediaNV will review and respond within fourteen (14) days. MediaNV’s remedy for any undelivered service shall be, at MediaNV’s election, to complete or deliver the outstanding service, or to issue a credit or refund reasonably reflecting the undelivered portion; completion or delivery of the outstanding service constitutes full resolution of the dispute, and no refund shall be owed where MediaNV completes the service. Where MediaNV demonstrates that the services were delivered, or resolves the dispute as set out herein, the charge stands and Client shall have no further basis to dispute it or to initiate any chargeback, payment dispute, or reversal in respect of it. If Client does not raise a written dispute within the sixty (60) day period, the charge and the corresponding services are deemed accepted, delivered, and final, and Client waives any right to dispute that charge. Initiating a chargeback, payment dispute, or reversal in violation of this clause constitutes a material breach of the Agreement, whereupon all sums due and owed to MediaNV under the Agreement become immediately due and payable, and Client remains responsible for all such sums together with any associated bank or processor fees and MediaNV’s reasonable costs of responding to the dispute. This clause does not apply to charges resulting from demonstrable error by MediaNV, such as a duplicate charge or a charge made after the Agreement was properly terminated in accordance with these Terms & Conditions.

6.1 Client’s Responsibilities Concerning Credentials. Client must immediately notify MediaNV of any unauthorized use, hacking, or theft of Client’s Credentials. Client is solely responsible for any use of Client’s Credentials, whether or not the Client authorized that activity.

7.1 HIPAA Compliance. If Client has to adhere to HIPAA policies and regulations, then it is the responsibility of Client, and not of MediaNV, to call back customers for patient-related information rather than taking down full name, insurance information, and health information over incoming calls from the website.

8.1 PPP5 and the Money-Back Guarantee. Following Client’s purchase of a PPP5 program, if MediaNV does not help Client book five (5) new patients per month, (“Patients Booked Quota”), then MediaNV must refund all marketing fees paid to MediaNV for PPP5 that month (excluding payments made per month for ad expenditure on Google AdWords (“Ad Spend”)) (“Money-Back Guarantee”). The five (5) patients will be recorded via the website contact form and/or phone calls. If a patient who booked an appointment, via phone or the website, does not show up to the appointment, the patient will still count towards the Patients Booked Quota. If Client misses five (5) or more calls during business hours, the Money-Back Guarantee herein is voided, and Client is still responsible for payment of the PPP5 (plus Ad Spend), unless Client can reliably verify to MediaNV that the calls were not made by patients seeking to book appointments.

8.2 PPP10 and the Money-Back Guarantee. Following Client’s purchase of a PPP10 program, if MediaNV does not help Client book ten (10) new patients per month (“Patients Booked Quota”), then MediaNV must refund all marketing fees paid to MediaNV for PPP10 that month, excluding Ad Spend (“Money-Back Guarantee”). The ten (10) patients will be recorded via the website contact form and/or phone calls. If a patient who booked an appointment, via phone or the website, does not show up to the appointment, the patient will still count towards the Patients Booked Quota. If Client misses five (5) or more calls during business hours, the Money-Back Guarantee herein is voided, and Client is still responsible for payment of the PPP10 (plus Ad Spend), unless Client can reliably verify to MediaNV that the calls were not made by patients seeking to book appointments.

8.3 Ad Spend. Following Client’s purchase of either PPP5 or PPP10, Client will be responsible for Ad Spend payments. If the Client refuses to pay for Ad Spend, then the Money-Back Guarantee for either PPP5 or PPP10 (depending on the Agreement) is voided and MediaNV is not obligated to refund marketing fees paid to MediaNV for any month of the Agreement Term.

8.4 Disputes. If the Parties disagree over the satisfaction of the Patients Booked Quota, the Client must submit a dispute in writing via email to [email protected] or through MediaNV’s designated reporting platform within thirty (30) calendar days following the end of the applicable billing cycle. The dispute must include sufficient details and documentation to support the claim. Upon receipt of a valid dispute, MediaNV will review all relevant data, including call tracking logs, website form submissions, and advertising reports, and will provide a written response within fourteen (14) calendar days. MediaNV’s determination will be based solely on the terms and conditions outlined in this Agreement and will be final and binding. If the Client does not submit a dispute within the thirty (30) calendar day period, the monthly report will be deemed accepted and final.

8.5 Phone Calls. If a patient calls to book an appointment, then it is the responsibility of Client to ask the patient on the call if they are a new or an existing patient and to classify the patient accordingly. If Client or Client’s agent(s) do not ask the patient whether they are a new or existing patient, then MediaNV may, at its discretion, count that patient towards the Patients Booked Quota for the PPP Package that Client purchased. For a caller to count as an existing patient, the caller must clearly state on the phone that they are an existing patient. The exception to this rule is listed in Section 8.5.1.

8.6 Technical Glitches. If a patient books an appointment via the website appointment form or phone call, but Client experiences a technical glitch or some other communication malfunction in receiving or discovering this information, that patient would still count towards the Patients Booked Quota.

8.7 Online Chat. If Client chooses to use an online chat functionality on the website or a third-party online booking program/software to book patients, the Money-Back Guarantee would be voided, and Client would still be responsible for payment for Packages to MediaNV.

8.8 Office Closure. If Client fails to meet the Patients Booked Quota and the practice was closed for more than fourteen (14) calendar days in that month (excluding weekends), the Money-Back Guarantee is voided, and Client is still responsible for payment for Packages to MediaNV.

8.9 Appointment Availability. If a patient calls with intent to book an appointment and Client/Client’s agent, does not on that call offer the patient an appointment time that is within three (3) business days following the patient’s initially desired appointment time, then that patient counts towards the Patients Booked Quota.

(a) Client gives MediaNV permission to post to, add to, change, and/or edit any and all of Client’s social media pages at MediaNV ‘s discretion and in the interest of Client’s business.

(c) Client promises to provide in a timely manner documents, information (in particular, details of any previous or existing pay-per-click campaigns), passwords codes and materials as MediaNV may reasonably require in order to provide Client the services agreed to in the Agreement.

(d) Client promises to provide MediaNV with such administrator rights to any third-party resources as are necessary for MediaNV to provide Client the services agreed to in the Agreement.

(e) Client understands that the Facebook, Bing, Google, and all marketing campaigns are the intellectual property of MediaNV. Therefore,access to the Google Analytics, Google Ads, Facebook Marketplace, and Microsoft Ad accounts will be limited to MediaNV personnel only. At Client’s request, MediaNV will send monthly invoices.

(f) Client understands that if they do not get positive reviews from customers on Google reviews, Client’s marketing can suffer. Client promises to try in good-faith to secure such reviews from customers.

(g) Client acknowledges that MediaNV has provided Client with a reasonable opportunity to obtain independent legal advice with respect to the Agreement and these Terms & Conditions.

(h) MediaNV is not obligated to communicate with third parties on Client’s behalf. MediaNV will only discuss the details of the Agreement, and how these Terms & Conditions apply to the Agreement, with Client or Client’s designated agent.

(i) Client cannot and promises not to hold MediaNV liable or responsible for any damage and/or liability that may arise out of MediaNV’s performance of the Agreement.

(j) In the event that a natural disaster, or some other act of God outside of MediaNV’s control, prevents MediaNV from performing the Agreement and these Terms & Conditions, Client promises to pay MediaNV, and will still be responsible for paying MediaNV, the fees as defined in the Agreement for as long as such event prevents MediaNV’s performance.

(k) Client promises to obtain and/or maintain the rights to any information, content, graphics, or marketing collateral provided by Client to MediaNV for the duration of the Agreement.

(l) MediaNV is not responsible for email management, setup, or migration.

(m) MediaNV maintains the right to use the created site in MediaNV’s portfolio for marketing use. MediaNV maintains the right to display footer site credit on Client’s website (where it applies).

(a) fees associated in any way with the Agreement and/or these Terms & Conditions

(b) services provided to Client via the Agreement and/or these Terms & Conditions

(c) documents related to the Agreement and/or these Terms & Conditions,

(d) recommendations by MediaNV to Client related to the Agreement and/or these Terms & Conditions,

(e) reports associated in any way with the Agreement and/or these Terms & Conditions

(f) MediaNV’s proprietary software, marketing software and strategies, business processes, company structure, systems, clients, potential customers, contacts, and use of software and technology.

(g) The identity of any MediaNV employee, whether employed domestically or internationally

(h) any other materials, software, information, or the like which MediaNV deems “proprietary” in nature.

10.1 Restriction on Client’s Use of IP. The above-mentioned IP is confidential. Client and/or Client’s agent(s) may not, during the term of the Agreement nor within ten (10) years of completion or termination of the Agreement, share, publish, or divulge in any way such IP and/or details about such IP to any entity which/who is not a party to the Agreement and these Terms & Conditions. Client, Client’s agent(s), and/or any users added by Client, may not decompile, disassemble, decrypt, extract, or otherwise reverse engineer any part of any software that is provided to Client by MediaNV.

10.2 Unauthorized Employee Engagement. Client may not approach, during the Agreement term or within 10 years of completion or termination of the Agreement, any MediaNV employees, employed domestically or internationally, for any activities or opportunities unrelated to the essence of the Agreement. The terms of this section survive the completion, expiration, and/or termination of the Agreement.

12.1 Renewal of a One (1) Year Term. If the Initial Term of this Agreement is one (1) year, the Agreement will automatically renew for successive one-year (12-month) terms unless Client emails [email protected] at least 60 days before the end of the current term to cancel. Each renewal will be under the same terms, conditions, and pricing unless MediaNV and Client agree in writing to changes. If Client does not provide notice at least 60 days before the end of the term, the Agreement automatically renews, and Client is responsible for all fees for the renewed term. Client’s credit/debit card on file will be automatically charged for the full amount of each renewal term on the first day of the renewed term.

12.2 Renewal of a Six (6) Month Term. If the Initial Term of this Agreement is six (6) months, the Agreement will automatically renew for a twelve (12)-month term unless Client emails [email protected] at least 60 days before the end of the Initial Term to cancel. Each renewal will be under the same terms, conditions, and pricing unless MediaNV and Client agree in writing to changes. If Client does not provide notice at least 60 days before the end of the Initial Term, the Agreement automatically renews, and Client is responsible for all fees for the renewed 12-month term. Client’s credit/debit card on file will be automatically charged for the full amount of the renewal term on the first day of the renewed term.