General Terms Permanent Agency Collaboration

1. The Client agrees that this agreement shall continue for the “term” from the date of this agreement. Once the “term” is reached, the campaign will continue to roll on until the client provides the company 30 days’ written notice. If the Client terminates the Company’s services within the “term” from the date of this agreement, the Client agrees that they shall be liable for and pay the Monthly Fee for the balance remaining of the “term”.
2. The Client shall give feedback within the timeframe as stated in the timeline provided by the Company to avoid delays. The Company reserves the right to terminate the agreement in any of the following circumstances:

2.1. the Client does not contact / respond to requests by email or telephone within ten (10) working days.

2.2. the Client’s instructions deviate from this agreement and/or the Client refuses to pay any additional fees if required to do so for any additional work required.

2.3. the Client fails to provide content, and/or any additional information requested by the Company within the reasonable deadlines stated.

2.4. the Client has more than 1 outstanding invoice in the balance.

3. In the event of any of the above stated occurrences, the Company may terminate the agreement in writing. Should the Company proceed with a termination, the Client is responsible for the remaining balance to be fulfilled in the Agreement.
4. The Client acknowledges that the Company makes no warranty that our service will generate any increase in traffic, sales, business activity, profits, or any other form of improvement for the Client’s business or any other purpose. The Client shall indemnify the Company for any damages or losses arising from or because of the provision of the Services.
5. The Client undertakes to handle all personal data on the Website in accordance with the provisions of the Personal Data (Privacy) Ordinance, including but not limited to the following:

5.1. collect adequate, but not excessive, personal data by lawful and fair means only for lawful purposes related to the functions or activities of the Website.

5.2. take all reasonably practicable steps to ensure that the personal data collected or retained are accurate, having regard to the purposes for which they are to be used.

5.3. erase personal data which are no longer necessary for the purposes for which they are to be used.

5.4. use the personal data collected only for purposes or directly related purposes for which the data were to be used at the time of collection, unless the individual concerned has given express consent for a change of use or such use is permitted by law;

5.5. take all reasonably practicable steps to ensure that personal data are protected against unauthorized or accidental access, processing, erasure, or other use.

5.6. take all reasonably practicable steps to ensure that a person can be informed of the kinds of personal data that the Website holds and the purposes for which the data are to be used; and

5.7. permit persons to access and correct personal data of which they are the data subjects and process any such access/ correction requests in a manner permitted or required by law.

6. The Client warrants to the Company that it shall indemnify the Company for any breach(es) of personal data privacy claims.
7. The Monthly Fee may be made by the Client to the Company by bank transfer, cheque, or online direct debit via our secure online payment portal. Full contract payments made by the Client upfront will be rewarded with a 10% discount. The Company shall commence to provide the Services herein to the Client upon receipt of the Client’s first payment and thereafter the Client shall settle the Monthly Fees within 5 business days upon receipt of ongoing invoices issued by the Company. The Company reserves the right to assess and collect late-payment charges of 5% per month on any outstanding balances of the Monthly Fee(s).
8. There are no refunds available on services provided by the Company once payment is affected by the Client. There is also no credit transferred unless the Company agrees. There is also no credit transferred unless the Company agrees.
9. This agreement is construed in accordance with the laws of the Hong Kong Special Administrative Region.
10. The Client shall not offer any form of employment to the Company’s staff whilst using the Company’s services, or within 12 months of ceasing the Company’s services at any time during the Term hereof to the expiry of twelve (12) months after the date of termination of this Agreement (as the case may be) employ or attempt to employ any person who is, or shall at any time between the date hereof and the date of such termination be, one of the Company’s employees engaged in providing the Services.

General Terms Alpha Digital Solutions

11. Accepting the terms

By using the Software information, tools, solutions, and functionality located on the Alpha Digital Website (together with the “Solution” or “Solutions”), you agree to be bound by this agreement, whether you are a “visitor” (which means that you simply browse the Alpha Digital Website) or are a “User” (which means that you have signed up with Alpha Digital). The term “you” or “User” refers to a Visitor or a User. If you wish to become a User and make use of the Solutions, you must read this Agreement and indicate your acceptance during the Sign-up process. 

You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Alpha Digital. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records. 

12. Description of the Services

Subject to the terms and conditions of this Agreement, Alpha Digital grants to you, during the term of this Agreement, the non-transferable, non-sublicensable, nonexclusive, revocable right to use the Service for the sole purpose of research, generate reports, and for personal use and not for purposes of resale to public, dissemination to third parties or for any other purpose. All use of the Services not permitted in these Terms of Service are strictly prohibited.  

The Service is a web-based application that allows Users to engage, nurture, manage prospects and customers done for you by Alpha Digital. You may access the Services by paying for one or more licenses to an Alpha Digital product. The license determines the precise product and service plan you have purchased.  

We modify the Service from time to time, including by adding or deleting features and functions, to improve your experience. But we will not make changes to the Service that materially reduce the functionality of the Service provided to you during the Subscription Term. We might provide some or all elements of the Service through third party service providers.

13. Your Data

To use our Services, you must link a third-party LinkedIn account to Alpha Digital. With your permission (which you are granting by using the Service), we will create and update versions of your address book and emails for you. You retain full ownership of Your Data. We do not claim any ownership over any of Your Data. You are solely responsible for your conduct, the content of Your Data and your communications with others while using the Services. For example, it is your responsibility to ensure that you have all rights and permissions needed to comply with these Terms and to avoid infringement or violation of any rights of others. 

You acknowledge that Alpha Digital has no obligation to monitor any information on the Services and that we are not responsible for the accuracy, completeness, appropriateness, safety or legality of Your Data or any other information or content you may be able to access using the Services. 

Nothing in this Agreement will restrict Alpha Digital from collecting, using and analyzing general information and data from its customers (including you) in an aggregated manner for purposes of improving and enhancing the quality and nature of Services, or to market or publish general information and statistics, provided that Alpha Digital does not specifically identify You or disclose publicly any personally identifiable information in the course of collecting, using, analyzing, marketing or publishing that information or data. Additional information about what we do with Your Data and how we collect and use other information relating to You and Your use of the Services is explained in our Privacy Policy.

14. Sharing Your Data, Third Party Products and Your Privacy

Subject to the limited exceptions specified in our Privacy Policy, until you choose otherwise, all Your Data remains visible only to you. However, the Services do allow you to share Your Data with others. If you choose to share Your Data, we cannot be responsible for what those other users do with Your Data, so please carefully consider what you share and with whom you share it.  What we do with Your Data, and how we collect and use other information relating to you generally is explained in our Privacy Policy.

15. Limits

The limits that apply to you will be specified in the Pricing Sheet provided through email or on our website. You will be charged fees associated with all Billable Users. If we make modifications to the limits set forth on the Pricing Sheet that would negatively impact you, these modifications will not apply to you until the start of your next Renewal Subscription Term. On renewal, the current product usage limits on our updated Pricing Sheet or will apply to your subscription, unless you and we otherwise agree.

The limit of prospects messaged per month provided in the pricing sheet is not a monthly guarantee and cannot be used against Alpha Digital for refunds or subscription term adjustments. Based on the pricing sheet and the pricing plan you sign up for, you are allotted that specific number of prospects to be messaged per month.

16. Fees and Payments

Unless otherwise indicated on an Order Form, all fees will be due and payable upon commencement of the Services (“Service Fees”). If you fail to pay Service Fees within five (5) business days of notice to you that payment is due or delinquent, or if you do not update payment information upon request, we may suspend or terminate access to the Services by you or your Authorized Users without notice.

You will pay all applicable sales, use, service, value-added, consumption or other taxes associated with the Services you purchase. Alpha Digital will pay all taxes on its income and all taxes and insurance associated with its personnel.  Payments made by credit card or debit card may be billed and processed by an agent on behalf of Alpha Digital. Such agent shall act solely as a billing and processing agent for and on behalf of Alpha Digital and shall not be construed to be providing the Service. If you mandate the use of any specific payment portal or other processing agent which charges a fee to Alpha Digital of any kind, you shall be invoiced the cost of such fee and obligated to pay it. After the Initial Term, the Service Fees are subject to change and may be changed upon notice to you at least sixty (60) days prior to the start of any Renewal Term (as defined below).  

16.1. Subscription Fees

The Subscription Fee will remain fixed during the “Subscription Term” means the Initial Subscription Term and all Renewal Subscription Terms unless you (i) exceed Billable Users or other applicable limits (see the “Limits” section above), (ii) upgrade products or packages, or (iii) subscribe to additional features or products. Where a price change applies to you, we will charge or invoice you under the new price structure, starting with the next Billing Period in the Subscription Term. You may downgrade your subscription only after your initial Subscription Term, but this will require a 10-day downgrade notice sent by email to start@myalphagrowth.com or your Alpha Digital account manager. You should purchase the appropriate tier of Service for your anticipated needs.

16.2. Fee Adjustments in Next Billing Period

If you exceed your Billable Users in a Billing Period, then your Subscription Fee will increase at the beginning of the next Billing Period up to tier price (as set forth on our Pricing Sheet) which corresponds with the Billable Users from the prior Billing Period. Any increase in Subscription Fee in the current Billing Period will also be charged to your next Billing Period. This process will continue for each Billing Period during the Subscription Term.  

16.3. Payment by credit card is standard

If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable during the Subscription Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. If newly starting services with Alpha Digital, services will not be activated until initial payment has been made.

16.4. Payment Information

You will keep your contact information, billing information and credit card information (where applicable) up to date. All payment obligations are non-cancellable, and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term.  

16.5. Sales Tax

All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Service. You shall have no liability for any taxes based upon our gross revenues or net income. If you are in the European Union, all fees are exclusive of any VAT and you represent that you are registered for VAT purposes in your member state. At our request, you will provide us with the VAT registration number under which you are registered in your member state. If you are subject to GST, all fees are exclusive of GST. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding. 

17. Subscription Terms and Renewal

17.1. Initial Subscription Term

The initial subscription term shall begin on the day we provide you with your campaign deliverables and expires 90 days from that date. Your campaign deliverables only include the initial prospect targeting list and the initial sales messages both created by the Alpha Digital team. The campaign deliverables will be emailed to you after your onboarding call is complete (“Initial Subscription Term”). If your setup fee was waived due to a promotion and decide to cancel before your initial subscription term is complete or we are unable to collect payment, you will now be liable for paying the setup fee that was initially waived.

17.2. Renewal Subscription Term

Unless one of us gives the other written notice by email of intention to not renew the subscription (“Notice of Non-renewal”), this Agreement will automatically keep renewing every 30 days (“Renewal Subscription Term”) from the day your initial subscription term expires. The Renewal Subscription Term will be on the current terms and conditions of this Agreement, and subject to the pricing provided in the initial agreement. See the ‘Limits’ section above for the applicability of product usage limits on renewal. Notice of Non-renewal must be successfully sent no fewer than ten (10) days before the end of the Subscription Term to officially end your subscription and no longer be billed from Alpha Digital. The user must send Notice of Non-renewal by email to support@myalphagrowht.com or your Alpha Digital account manager. 

17.3. End of Subscription Term

The Subscription Term will end on the expiration date if the subscriber has submitted a cancellation request in the above-mentioned time frame. Once the expiration date hits you will no longer have access to your campaign data and client data will be deleted from our internal database.

17.7. Swapping LinkedIn Account Term

If you would like to swap out the LinkedIn account, you are using for your Alpha Digital campaign there is a one-time non-refundable fee of $100.00 charged on the day the account swap takes place. Please note that all campaign data from the previous account will be lost and the new account will start from scratch as well as the Subscription Term will stay as is with no adjustments.

18. Third Party Sites & Content

The Service may permit you to see or link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Alpha Digital’s control, and you acknowledge that Alpha Digital is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Alpha Digital or any association with its operators. You further acknowledge and agree that Alpha Digital shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

19. Your Profile Information & Confidentiality

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your email address, allows you to access the Service. That email address and password, together with any or other user information you provide form your “Profile Information.”  

By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate.  

If you become aware of any unauthorized use of your Profile Information, you agree to notify Alpha Digital immediately at the email address – support@myalphagrowth.com. 

20. Legal Compliance

You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services.

21. Your responsibilities

21.1. You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services: 

21.2. You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes. 

21.3. You may not engage in abusive or excessive usage of the Services, which is usage significantly more than average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Alpha Digital will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Alpha Digital. 

21.4. You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity. 

21.5. Unless authorized by Alpha Digital in writing, you may not resell or lease the Services. 

21.7. Alpha Digital integrates with third party platform providers which maintain their own terms of service that you are responsible for following. Users are responsible for being aware of and accountable for following applicable third-party terms of service and that such terms of service are subject to change without Alpha Digital’s knowledge. Alpha Digital may extend to your integrations, partnerships, or formal approvals with platforms. As a user of Alpha Digital, you consent to accepting responsibility for abiding by other platforms’ applicable terms.

21.8. Alpha Digital may provide tools through the Service that enable you to interact with and export information to third party services. You are solely responsible for maintaining your accounts on such third-party services in good standing and complying with any applicable third-party terms of service and laws. By using one of these tools, you authorize Alpha Digital to act as your agent and to take actions on your behalf on or through the third-party services and you agree that Alpha Digital may transfer information to or from the applicable third-party services on your behalf and execute commands on or through such services at your direction. 

22. Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE ALPHA DIGITAL OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ALPHA DIGITAL MAKES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE CONTENT OR OPERATION OF THE ALPHA DIGITAL WEBSITE, THE ALPHA DIGITAL WEBSITE OR OF THE SERVICE YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.  

ALPHA DIGITAL MAKES NO REPRESENTATIONS, CONDITIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE ALPHA DIGITAL WEBSITE OR OF THE SERVICE, OR WHICH IS DERIVED FROM OR BY THE USE OF THE ALPHA DIGITAL WEBSITE OR THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE CONTENT AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.  

ALPHA DIGITAL IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY ALPHA DIGITAL.  

THE SERVICE AND THE ALPHA DIGITAL WEBSITE IS PROVIDED FOR EVALUATION AND TESTING PURPOSES ONLY, AND OWING TO ITS EXPERIMENTAL NATURE, YOU ARE ADVISED NOT TO RELY ON THE FEATURES OR PERFORMANCE OF THE SERVICE AND THE ALPHA DIGITAL WEBSITE FOR ANY REASON. YOU AGREE TO USE THE SERVICE AND THE ALPHA DIGITAL WEBSITE WITH ALL DUE CAUTION, AND TO TAKE EVERY PRECAUTION TO ENSURE THE INTEGRITY OF YOUR DATA, HARDWARE, SOFTWARE.

23. Limitations on Alpha Digital’s Liability

ALPHA DIGITAL SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, DATA, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR USE OR ACCESS TO THE ALPHA DIGITAL WEBSITE, THE SERVICE OR THIS AGREEMENT, EVEN IF ALPHA DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ALPHA DIGITAL’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED, IN AGGREGATE FOR ANY AND ALL CLAIMS ARISING OUT OF, OR RELATED TO THIS AGREEMENT, TO THE LESSER OF ONE HUNDRED DOLLARS OR THE TOTAL AMOUNTS YOU HAVE ACTUALLY PAID FOR THE SERVICE IN THE SIX-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.  

YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR HAVE A TRIAL BY JURY FOR ANY MATTER, DISPUTE, PROCEEDING OR ACTION ARISING OUT OF, OR RELATED TO, THIS AGREEMENT.

24. Miscellaneous

If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement shall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void, or unenforceable shall be stricken from this Agreement.

You agree that if Alpha Digital does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Alpha Digital has the benefit of under any applicable law), this will not be taken to be a formal waiver of Alpha Digital’s rights and that those rights or remedies will still be available to Alpha Digital.  

All covenants, agreements, representations, and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.  

Notwithstanding any term to the contrary contained in this Agreement, the provisions which by their nature ought reasonably to survive shall survive any actual or purported termination or expiry of this Agreement, and continue in full force and effect, including without limitation all sections herein.  

This Agreement represents the entire understanding and agreement between you and Alpha Digital regarding the subject matter of the same, and supersedes and replaces all other previous agreements, including, without limitation all previously posted agreements.  

End of Terms of Service