Terms of Service

Terms

This website is operated by Grab Digital (https://www.grabdigital.co). Throughout the site, the terms “we”, “us” and “our” refer to Grab Digital. Grab Digital offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

By accessing this website, you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Any new features or tools which are added to our services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
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Email Request Poilicy

Our "Unlimited" plan offers unlimited email requests. One request will be completed at a time, and the turnaround time for each email request is 5 days.
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Revision Policy

For every email we create and send to you for review, you may request an unlimited amount of revisions. This may include, but not exclusive to image edits, copywriting changes, or complete overhaul of the email campaign.

We offer two methods to request a revision. The first and easiest way is to reply with your revision comments directly to the email containing the final draft. The turnaround time for each revision request is 1-4 days. We will reply back with the revised email, to which you may either request further revisions or approve.

Once approved, we will implement it directly into your email service provider as per your onboarding preferences.
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Payment Terms

As outlined in our contract, we have a 100% Money-Back Guarantee to ensure maximum client satisfaction. If you are not 100% satisfied with our services and choose to terminate the Agreement within the first 30 days of our working relationship, you retain the right to a full refund.

This guarantee is intended to provide peace of mind and demonstrate our commitment to high-quality service. The eligibility for this guarantee is subject to the terms outlined in our agreement. How neat is that?

Delivery of Email Requests

After receiving your first request, the expected period of time for delivery will be 5 days. We cannot guarantee delivery will be 5 days, but will strive to meet deadlines.

Once an email is created, Grab Digital will send the email to the client's email address (the email used to sign up for our services) for review. If the deliverable is approved, Grab Digital (or you) will implement the email into the ESP.

If the deliverable is not approved, you must provide us with revision comments where Grab Digital will revise to satisfied your demands. Please see our Revision Policy above for more information.
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No Obligation

Grab Digital is under no obligation to perform any services whatsoever until an Agreement is executed by both parties. Client is also under no obligation to pay any Service Fees until a point thereafter the Agreement is executed.

Insurance

Insurance Agency shall provide, at its sole expense, reasonable public liability coverage for all Services rendered to or for the benefit of the Client. Client further agrees, to the fullest extent permitted by law, to indemnify and hold harmless Grab Digital against all damages, liabilities or costs including reasonable attorneys’ fees and defense costs, arising out of or in any way connected with the performance of any Services here under.
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General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
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Service Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

A breach or violation of any of the Terms will result in an immediate termination of your Services.
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Intellectual Property

Grab Digital Customers, known as buyers, are granted all rights for the delivered work. Furthermore, all material shared by Grab Digital to writers and designers 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.

Unless clearly stated otherwise, when the work is delivered, and subject to payment, the buyer (Grab Digital's Customer) is granted all intellectual property rights. However, Grab Digital retains the rights to use delivered work on its website and digital properties as sample work and Grab Digital's portfolio.

Work delivered to the buyer is intended for both personal and commercial use.

Grab Digital logo and all other trademarks, service marks graphics and logos used in connection with the Service, or the Website are trademarks or registered trademarks of Grab Digital. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Grab Digital or third-party trademarks.
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Performance and Grab Digital's Obligations

Grab Digital shall perform the Services in a professional, diligent, skillful, safe, workmanlike and timely manner, in accordance with the highest level of accepted standards subject to the terms and conditions of this Agreement. However, Grab Digital can only perform the Services as well as the information provided by external parties. All information and Services are provided to the best of the Grab Digital's knowledge at the time of this Agreement. Grab Digital shall furthermore undertake all Services with the utmost professional integrity and shall protect and promote the interests of the Client at all times.
 
It is understood that from time to time Grab Digital will not be available because of work commitments for other parties for other reasons. Where such instances can be foreseen, Grab Digital shall advice the Client of its non-availability with as much advance notice as possible.

Use License

If you wish to use material on Grab Digital's digital properties for personal or commercial use, please contact us.
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Disclaimer

a. The materials on Grab Digital's website are provided on an 'as is' basis. Grab Digital makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

b. Further, Grab Digital does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site. Grab Digital has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Grab Digital of the site. Use of any such linked website is at the user's own risk.
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Limitations

In no event shall Grab Digital or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Grab Digital's website, even if Grab Digital or a Grab Digital authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
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Accuracy of Materials

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
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Modifications

Prices for our services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Grab Digital may revise these Terms of Service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Service.
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Compensation

Grab Digital’s Services will be as detailed in the Proposal. The rates as set forth above are deemed to be fully inclusive of all GST, insurance and superannuation, payroll and income taxes and any and all other costs which Grab Digital may incur in complying with national and state government regulations or the terms and conditions of this Agreement.
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Payment

Services Fees Setup Cost is due on purchase of Services if agreed upon. Service Fees Monthly Retainer are due on the billing cycle of each month. For example, if you subscribed on the 14th, Grab Digital will charge your credit card on the 14th of the next month via Stripe. If a month does not have an anchor day that is consistent with every month, the subscription will be billed on the last day of each month. For example, a subscription starting on January 31 bills on February 28 (or February 29 in a leap year), then March 31, April 30, and so on.

We accept payment exclusively through Stripe or Paypal.
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Taxes

Grab Digital shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such services sold.
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Accuracy of Billing and Account Information

We reserve the right to refuse any request you place with us.

You agree to provide current, complete and accurate account information for services requested and delivered. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
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Duration and Termination

This agreement is valid every month, unless other agreed between the two parties, in writing.  

‍This Agreement can be terminated by either party, for any reason or no reason, by giving to the other one month written notice of termination. The date of termination will be 1 month after the end of the current billing cycle. For example, if you wish to terminate your contract with us in mid-September, then your service with us will terminate on the last day of the billing cycle in October.
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Dispute Resolution

Disputes are to be discussed amongst the parties in the first instance. The escalation is mediation. If mediation does not deliver a satisfactory outcome for both parties the escalation is arbitration in the State of Ohio.
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Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
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Limitations of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. However, we will do our best to serve you as quickly as possible.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied.

In no case shall Grab Digital, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services procured using the Service, or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. This Agreement and the other agreements referenced herein embody the entire agreement between the parties with respect to the subject matter hereof and supersede all prior representations, agreements and understandings, oral or written, with respect thereto. Grab Digital and Client acknowledge and agree that this agreement represents a binding contract for and in consideration of the mutual agreements and promises here in contained, the receipt and sufficiency of which is hereby acknowledged.
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Indemnification

You agree to indemnify, defend and hold harmless Grab Digital and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
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Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
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Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by giving us one month written notice of termination.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
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Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
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Governing Law

These terms and conditions and any separate agreements are governed by and construed in accordance with the laws of Ohio and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
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