Terms & Conditions
Marketers9 carries on the business inter alia, of providing an online market place, for advertisement and marketing, sales promotions, fulfillment services, collection and disbursement services.
Marketers9 owns a website which is an online market place, where users of the Website can place an order/(s) on various listed Advertising agents to fulfill the same.
Marketers9’s role is limited to managing Website (defined below) over which the services are displayed and other incidental services are provided to enable the transactions between the advertising agencies and the buyers of the services.
The following terms and conditions (these "Terms of Service"), govern your access to and use of the Marketers9.com website, including any content, functionality and services offered on or through www.Marketers9.com
By using this Site, you represent and warrant that you agree to form a binding contract with the Company and meet all of the foregoing eligibility requirements.
Our Customer Support team is available 10.00 am to 7.00 pm if you have any questions regarding the Site or Terms of Service. Also, you can refer FAQs for your perusal.
In This Agreement:
- "Account" means the account you open when you register on the Website.
- “Buyer” shall mean a user of the Website who places an Order on the Advertising agency listed on the Website for the services.
- “Sellers” are users (advertising agencies) who offer and perform services through account on Marketers9.com.
- “Orders” are the formal agreement between a buyer and seller/marketers9 after a purchase was made using Marketers9.com platform.
- “Website” means ‘www.marketers9.com’ and instances of the same
- “Advertising agency Panel” means a uniform resource locator (“URL”) provided by Marketers9 to Advertising agency with a unique login and password to update the order status, price and services on the same.
- “Completed Order” means customer has accepted and approved the order changing the order status to completed.
- "Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including:
(a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and
(b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity
- “Disputes” are disagreements experienced during an order between a buyer and seller.
By accessing and/or using the Website, you agree to the following terms with Marketers9.com.
The Website is an online venue where users buy and seller sells services and items. Buyers and Sellers must register for an Account in order to buy or sell Seller Services and/or items. The Website enables buyers and sellers to work together online to complete and pay for Projects, buy and sell items and to use the services that we provide.
Before using the Marketers9 Website, we recommend that you read the whole Agreement, the Website policies and all linked information.
Only registered sellers may sell on Marketers9.com. Registration will be charged with subscription fees for a stipulated period of time, that shall be subject to modifications and the same shall be communicated to you in advance via email & a representative call.
Marketers9 will list the details of “Ad Agency” and its services/assets on its website, mobile application and other medium where “Marketers9” has the capability and expertise to promote the agency, its services and assets.
The agency should provide accurate rates, size, availability slots and other details of its services and assets to Marketers9.
The agency shall intimate Marketers9 with any changes in it’s services or it’s assets within 24 hours of its change.
Marketers9 will update the details of agency’s services and assets on its website according to its category.
All orders will be placed at the contact numbers, and e-mail provided by Marketers9, or the customer can directly contact the advertising agency.
When a buyer orders, the seller is notified by email as well as notifications on the site while logged into the account.
Users are responsible for scanning all transferred files for viruses and malware. Marketers9.com will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
Upon commencement of task the agency shall update the status, its actual photograph or video on the website panel, provided by Marketers9.
The Agency shall ensure that ‘task completion time’ stated on Marketers9’s website complies with the task completion time actually required.
Once payment is confirmed, your order will be created and given a unique order number.
Order notification shall be conveyed through email.
Sellers must accept the order within 24 hours, thereby enabling the buyer to know that the order has been accepted and is under process, failing which the order will be open to other sellers.
In a situation where advertising agency does not obtain extension of days in case of delay, the entire amount will be refunded to the buyer.
The seller must complete the order within the time stipulated, failing which buyer reserves the right to complaint.
After the seller uploads the completed work. The buyers shall change the status of the order as complete.
We encourage our buyers and sellers to try and settle conflicts amongst themselves, including by using the chat box in seller’s profile. If for any reason this fails, users can contact Marketers9.com's customer support department for assistance on firstname.lastname@example.org.
Marketers9 reserves the right to select the services to be displayed on its Website.
Marketers9 shall receive Orders for the services displayed on behalf of Advertising agency only in the capacity of the entity that provides an access to Website, marketing and distribution channel to the Advertising agency. In the event payments are collected by Marketers9 on behalf of the Advertising agency, in the mode/s as conveyed to the Buyers, the same will be collected while acting as an agent of the Advertising agency with the sole intent of facilitating the transactions in the nature of platform of the Advertising agency.
Sellers gain account statuses in the Order tab in their Dashboard, based on their extent of completion of work.
Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect seller’s reputation and status.
Buyers are granted all rights for cancelling the order. If an order is cancelled (for any reason), the funds paid will be refunded to the buyer according to the cancellation policy. Please refer our cancellation policy here.
In an event when the Seller uploads the completed work, buyer would be given the authority to change the Order status to “completed”.
Marketers9.com retains the right to use all published delivered works for Marketers9.com marketing and promotion purposes.
There are two modes that a seller may receive an order.
a.)Buyer may directly contact the seller.
b.)Buyer may use the services of marketers9.com
In an event where “Buyer may directly contact the seller”, Marketers9 plays no role, thereby Marketers9 can’t be held responsible for any payment related matters.
In an event where “Buyer may use the services of marketers9.com”. It becomes Marketers9’s responsibility to forward the seller charges or fees, held by Marketers9 post deduction of agreed commission(which is subject to modification with prior intimation and understanding).
Seller can upload only those projects in the project tab that are completed using Marketers9’s services.
Marketers9.com accredits sellers once an order is completed. Refer definition of a completed order.
The seller's rating is calculated based on the order reviews posted by buyers.
Projects uploaded may be removed by Marketers9.com for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services, Copyright Infringement, Trademark Infringement
- Copyright Infringement, Trademark Infringement reported through our Intellectual Property Claims Policy found here
- Adult oriented services, Pornographic, Inappropriate/Obscene Spam, unauthenticated or Violent Projects
- Projects misleading to buyers, including violations of third party terms of service
- Reselling of regulated services/goods
Projects/work that are removed for violations mentioned above, may result in the removal of the seller’s account.
Projects/work that are removed for violations are not eligible to be restored or edited.
Projects/work may be removed from our Search feature due to poor performance and/or user misconduct.
URLs in your Project/work text that redirect to third party websites are subject to approval and may be considered inappropriate to use on Marketers9.com.
Statements on the Overview of work/project Page that undermine or circumvent these Terms of Service is prohibited.
Sellers are required to deliver proof of completion of services in the order page.
Users who engage and communicate off of Marketers9.com will not be protected by our Terms of Service.
Advertising agency shall quote best, lowest and competitive prices (inclusive of all applicable taxes) of the services to be displayed on the Website, Advertising agency will be responsible for payment of all applicable sales tax/VAT. Advertising agency authorizes Marketers9 in the capacity of marketing agent to discover and display the market price payable by the Buyer, basis the competitive pricing prevalent in the market Seller shall be communicated of the market price and shall abide by that price as may be discovered or displayed by the Marketers9 from time to time. However, Advertising agency will have full right to withdraw the products from Website with 30days intimation of termination, if it dissents with price discovered by Marketers9 and has notified the same to Marketers9.
In the exceptional case of “Agency” providing Marketers9 with a rejection, the Agency shall clearly state the reasons for such rejection, which reason must be deemed justifiable at the sole discretion of Marketers9.
‘The Agency’ guarantees that the rates offered to customers by Marketers9 are identical to the prices offered to customers by The Agency when placing by phone, website, mobile app or any other platform which is operated by Agency. In particular, agency shall not offer any lower prices, promotions or discounts. If the Agency wishes to offer any lower prices, promotions or discounts, the agency shall inform Marketers9 at least (7) Days in advance. The Agency shall clearly explain the conditions of the promotions or discounts.
Marketers9.com enables people around the world to create, share, sell and purchase any service related to marketing & advertising they need at an unbeatable value. Marketers9.com maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Marketers9.com.
This section relates to the expected conduct users should adhere to while interacting with each other on Marketers9.com.
Marketers9 shall not be held responsible for any personal impairment or harm if users in the course of work request or provide and obtain Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Marketers9.com.
Marketers9.com does not provide any guarantee of the level of service offered to buyers.
Marketers9.com does not provide protection for users who interact outside of the Marketers9.com platform.
Marketers9.com does not provide protection for users that are actively violating our Terms of Service.
Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account
Marketers9.com retains the right to use all published delivered works for Marketers9.com marketing and promotional purposes.
Services requested on Marketers9.com must be an allowed service on Marketers9.com.
In case, if the customer wishes to order through Marketers9 then ‘Marketers9’ will be collecting online payment on behalf of the ‘Agency’ through their website.
Agency canview the entire details of the order on agency’s dashboard and the payment will be remitted to the “Agency” only after completion of task as per the below formula:
Buyers pay Marketers9.com in advance to create an order. This payment is held by “PayUMoney”. Only once the order is complete professional fees shall be disbursed to the professional and commission shall be disbursed to Marketers9.
Buyers pay Marketers9.com to create an order from a seller, through place order button.
Buyers can request a order which addresses specific buyer requirements, and receive email notification of order placed.
Services may be purchased using a Credit Card, Debit card & net banking.
Buyer can review and accept the total amount of the order.
Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations.
Once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
This paragraph only applies to buyers whose purchase involve use of goods and materials that are subject to VAT. An invoice will be provided to allow eligible users to claim back the VAT from the tax authorities.
Reviews provided by buyers while completing an order are an essential part of Marketers9.com's rating system. Reviews demonstrate the buyer's overall experience with the sellers and their service. Buyers are encouraged to communicate to the seller any concerns experienced during their active order in regards to the service provided by the seller.
- We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact Marketers9.com's Customer Support department for assistanceon email@example.com
- Eligibility to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Marketers9.com delivery system.
- Marketers9.com reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
- Funds returned to your balance from cancelled orders will be after deduction of 0.5% as cancellation charges.
- Refund payments shall not be made for cancelled orders back to your payment provider automatically. Funds from order cancellations are refunded to the buyer's balance as credit and are available for future purchases on Marketers9.
- To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team.
- Violations : Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account becoming permanently disabled based on the severity of the violation.
Marketers9.com does not allow any exchange of adult oriented or pornographic materials and services. Inappropriate Behavior & Language - Communication on Marketers9.com should be friendly, constructive, and professional. Marketers9.com condemns bullying, harassment, rudeness, offensive language and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.Phishing and Spam-
Marketers9.com takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them for commercial purposes without their consent.Privacy & Identity -
You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer. Any users who engage and communicate off of Marketers9.com will not be protected by our Terms of Service.Intellectual Property Claims -
Listed agencies recognizes and confirms that marketers9 has the exclusive right to supervise, allow and reject the contents of the Website. Marketers9 shall not be liable for contents and images shared, uploaded or displayed on website by listed agencies regarding its services and all consequent liability will be borne by the listed agencies only.
Listed agencies hereby grants to Marketers9 the right to display/delist the services (as updated or to be updated by the listed agencies on the agencies panel at any/all times) and/or related logo and/or trademark and/or brand name, etc. owned by it or its business associates for marketing/selling through the Website. Listed agencies represents that it has the necessary rights to grant such permission to Marketers9 and agrees to indemnify Marketers9 in respect of any claims, damages, losses etc., arising out of or in connection with violation of the same.
Except as agreed to by the Parties, the data of Buyers will be the exclusive property of Marketers9, and listed professionals will not use for its own purpose or distribute it in any form or means except for the purpose of this agreement and shall keep it confidential at all times. Confidential information would include but not be limited to Buyer details, market information, all works and documents related thereto, the contents of Marketers9’s website “www.marketers9.com” or any other information which is treated as confidential by marketers9, and any other information received or to be received by listed agencies which is agreed to be treated under the same terms. The listed agencies also undertakes to fully indemnify Marketers9 against the breach of this clause.
Fraud / Unlawful Use - You may not use Marketers9.com for any unlawful purposes or to conduct illegal activities.
Abuse and Spam Multiple Accounts - To prevent fraud and abuse, users are limited to one active account.
Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Marketers9.com community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Marketers9.com’s Terms of Service is cause for permanent suspension of all accounts.
Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Marketers9.com. This includes creating new multiple accounts to harass members through our message or ordering system.
Marketers9.com reserves the right to put any account on hold or permanently disable accounts due to breach of these terms of service or due to any illegal or inappropriate use of the Site or services.
Violation of Marketers9.com's Terms of Service may get your account disabled permanently.
Users with disabled accounts will not be able to sell or buy on Marketers9.com. Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
Marketers9.com may make changes to its Terms of Service from time to time. When these changes are made, Marketers9.com will make a new copy of the terms of service available on this page.
You understand and agree that if you use Marketers9.com after the date on which the Terms of Service have changed, Marketers9.com will treat your use as acceptance of the updated Terms of Service.
User Generated Content
User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Marketers9.com by our users (Buyers and Sellers) is User Generated Content. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Marketers9.com is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the service, their delivery, and any communications between buyers and sellers.
By offering a service, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on Marketers9.com. Sellers advertising their service online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the work/project/service and may lead to the suspension of seller's account.
Ownership and limitations: Unless clearly stated otherwise on the sellers page/description, when the work is delivered, and subject to payment, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller, and the seller waives any and all moral rights therein. All transfer and assignment of intellectual property to buyer shall be subject to full payment for the service and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of buyer, and seller assigns all rights, title and interest in the delivered work. Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the buyer.
Disclaimer of Warranties
Your use of the site, its content and any services or items obtained through the website is at your own risk. The site, its content and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither marketers9.com nor any person associated with marketers9.com makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation on liability
In no event will marketers9.com, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Keep all terms and conditions within this document confidential and not disclose it to any other third party.
Agrees to not disclose the (proprietary) Marketers9 dashboard access or any of its in-built features to any third party.
Agency may terminate the contract on whole or part by giving written notice thereof 30 working days. Also the orders in hand should be completed before termination even if the order falls within the writtennotice period of termination.
REPRESENTATION AND WARRANTIES:
Advertising agency shall, at all times and to the complete satisfaction of marketers9 and without demur indemnify and hold Marketers9 harmless for any and all claims, demands, lawful action suits or proceedings, liabilities, losses, costs, expenses (including legal fees) or damages asserted against Marketers9 by the Buyer or any third party arising out of Advertising agency’s actions or omissions in connection with the providing Advertising agency’s services and their performance during the period of this arrangement and for the services provided, even after the termination of this arrangement. Advertising agency represents and warrants that it is a legal entity engaged in a legitimate and lawful commercial enterprise & activity, having all regulatory approvals required to run the similar business and doing regular compliances with applicable provisions of laws.
Advertising agency hereby declares & confirms that it deals in original, legitimate and genuine quality services following all legal requirements. Advertising agency further declares that it shall not violate the intellectual property rights of any third party and for any breach or violation of such intellectual rights, it shall be solely responsible.