Acceptance
Scope and acceptance of these terms
These Terms and Conditions govern access to, browsing of and use of the JADE website (hereinafter “JADE” or the “Agency”), as well as the general conditions applicable to anyone who consults it, requests information or gets in touch through it.
By accessing, browsing or using this website, the user acknowledges having read and understood these Terms and Conditions and agrees to be bound by them.
Owner
Identification of the owner
This website is operated by JADE, an agency providing marketing, advertising and consultancy services, and other activities related to its commercial purpose.
For the purposes of these Terms and Conditions:
- JADE or the Agency: the individual who owns or operates the commercial activity identified under the name JADE.
- User: any person who accesses, browses, consults or uses the website.
- Client: the individual or legal entity that requests, contracts or receives any of the services offered by JADE.
- Website: the digital platform, including its pages, sections, forms, content and any other elements available under the corresponding domain.
Purpose
Purpose of the website
The website exists to provide information about JADE, its commercial activity, services, projects, experience and contact channels, and to allow users to request information, advice, commercial proposals or quotes relating to the services the Agency offers.
The information published is informative and commercial in nature and therefore does not in itself constitute a binding offer, a promise to contract, or a commitment by JADE to provide services.
Services
Description of the services
JADE may offer, among others, services relating to:
- Planning, developing and executing marketing and advertising strategies.
- Graphic design, corporate identity and brand image development.
- Creating, administering and managing content for digital platforms and social media.
- Developing, designing, implementing and maintaining websites and digital platforms.
- Consultancy, advisory and strategic support services for businesses and commercial projects.
- Developing advertising campaigns, positioning strategies and commercial communication.
- Producing, editing and managing audiovisual, photographic and digital content.
- Any other service related to JADE's commercial activities that is requested by the client and accepted by the Agency.
The services actually available, along with their features, scope, deliverables, deadlines and particular conditions, will be determined in the corresponding proposals, quotes, contracts or documents.
Quotes
Requests for information and quotes
Users may use the contact channels provided on the website to request information about JADE's services, raise enquiries or request quotes.
Requesting information or submitting data through the website does not create any obligation to contract for either party.
Quotes and commercial proposals issued by JADE are subject to the conditions, scope, validity period and other specifications set out in each document.
Should the user decide to contract a service, they must express their acceptance of the corresponding proposal and meet the formalisation requirements established by JADE.
Contracting
Contracting services
The provision of services by JADE is subject to the signing of the corresponding contract or, where applicable, to the acceptance of the proposal, quote, service order or document setting out the particular conditions of the project.
Accordingly, these Terms and Conditions neither replace nor amend the individual contracts entered into between JADE and its clients.
The particular conditions of each service may establish, among other things:
- The description and scope of the contracted services.
- The deliverables and features of the project.
- The timings and execution dates.
- The fees, prices and payment terms.
- The obligations and responsibilities of the parties.
- The procedures for reviewing, approving and delivering the work.
- The conditions for amending, suspending or terminating the services.
Should there be any contradiction between these Terms and Conditions and the specific contract or document formalised between JADE and the Client, the provisions of the specific document shall prevail in respect of the contracted service.
Users
Obligations of users
Users undertake to use the website lawfully, responsibly and in accordance with the applicable provisions, refraining from:
- Using the website for unlawful or fraudulent purposes, or contrary to good faith.
- Providing false, incomplete or misleading information through the forms or contact channels.
- Carrying out acts that may affect, interfere with or compromise the operation, security or availability of the website.
- Attempting to gain unauthorised access to JADE's systems, databases, servers or restricted information.
- Introducing viruses, malicious code, programs or any other element that may affect the website's technological infrastructure.
- Improperly using, reproducing, distributing or exploiting the protected content, materials or elements published on the website.
JADE may restrict or suspend access to the website where it detects conduct that breaches these Terms and Conditions or the applicable legal provisions.
Commitments
Obligations of JADE
JADE will endeavour to keep the website available and to provide up-to-date information about its services, seeking to ensure that the content published is clear and corresponds to the Agency's commercial activities.
JADE also undertakes to:
- Use the information provided by users in accordance with its privacy notice and the applicable legal provisions.
- Respond, within its operational capacity, to the requests for information received through the contact channels provided.
- Adopt reasonable measures to safeguard the security and correct operation of the website.
- Respect third parties' intellectual and industrial property rights.
None of the above implies a guarantee of uninterrupted availability of the website or of the complete absence of technical errors.
Prices
Prices and payment terms
The prices, fees and financial conditions of the services offered by JADE will be communicated through the corresponding quotes or commercial proposals.
Unless expressly stated otherwise, published or communicated prices are subject to confirmation and may vary depending on the scope, features and particular requirements of each project.
Payment terms, deposits, instalments, due dates and other financial obligations will be determined in the contract, quote or document applicable to each service.
Under no circumstances should the general information published on the website be interpreted as an obligation on JADE to provide services on financial terms other than those expressly agreed by the parties.
Service changes
Amendments, cancellations and termination
Any change to the scope, features, deliverables, timings or conditions of the contracted services must be agreed between JADE and the Client through the channels or documents the parties have established.
Cancellations, suspensions and terminations of services are subject to the conditions set out in the corresponding contract, commercial proposal or document.
Using the website or requesting information does not in itself create any obligation of permanence, exclusivity or contracting.
Intellectual property
Intellectual and industrial property
All the elements that make up the website — including, by way of example and without limitation, texts, designs, images, photographs, logotypes, trade marks, graphics, audiovisual elements, structures, interfaces and content — are protected by the applicable intellectual and industrial property provisions.
Save with the express written authorisation of JADE or the legitimate rights holder, the reproduction, distribution, modification, public communication, commercial exploitation or any other unauthorised use of the elements contained in the website is prohibited.
Use of the website grants the user no licence, assignment or right whatsoever over JADE's trade marks, designs, content or other protected elements.
Intellectual property rights over the materials, designs, campaigns, developments and deliverables produced in connection with the contracted services are governed by the conditions set out in the corresponding contract.
Client materials
Content provided by users and clients
The user or Client is responsible for holding the rights, authorisations and licences required in respect of the texts, photographs, images, videos, logotypes, trade marks, designs and other materials they provide to JADE for the preparation or execution of any project.
Accordingly, the user or Client represents that they hold the necessary powers to provide such materials and to authorise their use on the terms agreed for the corresponding project.
JADE will not be liable for claims arising from the use of materials provided by the Client where those materials lack the necessary authorisations or rights, without prejudice to any liability that may legally apply.
The use of materials provided by the Client does not imply the automatic transfer of their ownership to JADE.
Confidentiality
Confidentiality
JADE will endeavour to maintain the confidentiality of the commercial, technical, financial, operational and any other information provided to it by users or clients in connection with requests for information or the contracting of its services.
Information of a confidential nature will be used exclusively for purposes relating to handling requests, preparing proposals or performing the corresponding services.
Specific confidentiality obligations, as well as the treatment of reserved or strategic information, may be established in separate confidentiality agreements or contracts.
Personal data
Personal data protection
Personal data collected through the website will be processed in accordance with JADE's privacy notice and the applicable Mexican personal data protection legislation.
Users may consult the privacy notice in the corresponding section of the website or through the contact channels provided by JADE.
Acceptance of these Terms and Conditions does not replace the information, consent and rights-exercise mechanisms applicable under personal data protection legislation.
Liability
Limitation of liability
JADE will endeavour to ensure that the information and content published on the website is correct and up to date. It does not, however, guarantee that such content will be permanently free from errors, omissions or inaccuracies.
JADE will not be liable for:
- Temporary interruptions of the website due to maintenance, updates or technical failures.
- Connectivity, performance or availability problems attributable to external internet service or technology infrastructure providers.
- Damage caused by users' improper use of the website.
- The content, policies or practices of third-party websites reachable through external links.
The above is without prejudice to any liability that cannot be excluded or limited under the applicable legislation.
Links
Links to third-party sites
The website may contain links that redirect to platforms, social networks or pages operated by third parties.
Such links are provided solely to make it easier to reach external information or services. JADE neither controls nor guarantees the availability, content, security or privacy policies of those platforms.
Accessing and using third-party websites is the user's responsibility and is subject to the terms and conditions established by their respective owners.
Changes
Amendments to these terms and conditions
JADE reserves the right to amend, update or supplement these Terms and Conditions where necessary, whether because of changes in its commercial activities, updates to the website or changes in the applicable legal provisions.
Amendments will be published on the website and will take effect from the date of publication, unless a different date is expressly stated.
Users are advised to consult this section periodically to be aware of the conditions in force.
Jurisdiction
Governing law and jurisdiction
These Terms and Conditions are governed by and shall be interpreted in accordance with the laws in force in the United Mexican States.
For the interpretation and performance of these Terms and Conditions, the parties submit to the competent authorities and courts of Mexico City, waiving any other jurisdiction that might correspond to them by reason of their present or future domiciles, provided such waiver is legally admissible.
The above is without prejudice to any applicable jurisdiction and consumer protection provisions.
Contact
How to reach JADE
For any question, clarification or request relating to these Terms and Conditions, users may contact JADE through the following channels:
- Trading name: JADE
- Email: jade.marketing.ra@gmail.com
- Telephone: +52 55 2066 7168
- Website: jademarketing.com.mx