Last updated: October 14, 2024
Effective Date: October 14, 2024
This document establishes the guidelines, conditions, and terms under which clients may access the services provided through the website https://www.magdalenamedia.us/, as well as the conditions under which the web services are offered and the terms under which content and services are made available on the site.
The use of the services by the USER AND/OR CLIENT constitutes a formal declaration of acceptance of all the TERMS AND CONDITIONS contained in this document.
This Agreement sets forth the terms and conditions for the use of our services. By using our services, you automatically confirm that you have read, understood, and accepted these TERMS AND CONDITIONS.
If you do not agree with these terms, you may NOT use our services.
Below are the terms and conditions governing the use of any services offered:
GENERAL INFORMATION:
MAGDALENA MEDIA offers services in DIGITAL MARKETING AND ADVERTISING through its website https://www.magdalenamedia.us/, divided into the following areas:
- BRAND DESIGN AND CORPORATE IDENTITY
- LEAD GENERATION
- BRAND POSITIONING AND CUSTOMER LOYALTY
MAGDALENA MEDIA is a service provided by MAGDALENA MEDIA LLC, a company legally registered and domiciled at 69 Rocky Point Yaphank RD APT 98, Rocky Point, NY 11778, USA. For inquiries, you may contact us at info@magdalenamedia.us or by phone at +1 (631) 681-5041.
DEFINITIONS:
USER AND/OR CLIENT: Refers to any individual or entity that uses the services of MAGDALENA MEDIA and agrees to these TERMS AND CONDITIONS.
PLATFORM: Refers to the website through which the services of MAGDALENA MEDIA are listed and offered.
INQUIRY: Any request or claim submitted by USERS AND/OR CLIENTS.
PERSONAL DATA: Any piece of information that is linked or can be associated with one or more identifiable natural persons.
THE PARTIES: Refers to both “MAGDALENA MEDIA” and its USERS AND/OR CLIENTS.
PRIVACY POLICY: Refers to the privacy policies duly published and accessible through the Platform.
DESCRIPTION OF SERVICES
The services provided by MAGDALENA MEDIA are fully described and available for the USER AND/OR CLIENT to review at:
https://www.magdalenamedia.us/Portafolio.pdf
RESPONSIBILITIES
MAGDALENA MEDIA makes every effort to ensure that the information presented to USERS AND/OR CLIENTS is accurate and truthful in order to properly provide access to its services.
PRIVACY OF INFORMATION
All information provided to or collected by MAGDALENA MEDIA in connection with its services is governed by the PRIVACY AND DATA CONFIDENTIALITY POLICY, which can be found at:
https://www.magdalenamedia.us/wp-content/uploads/2022/06/POLITICA_DE_PROTECCION_DATOS_2019.pdf
This document is hereby incorporated by reference into these TERMS AND CONDITIONS.
MAGDALENA MEDIA encourages USERS AND/OR CLIENTS to periodically review the PRIVACY AND DATA CONFIDENTIALITY POLICY. In particular, USERS AND/OR CLIENTS should be aware that MAGDALENA MEDIA may use the data it receives or collects in accordance with the terms set forth in said policy.
MAGDALENA MEDIA will respect the confidentiality and integrity of the data collected from USERS AND/OR CLIENTS, and will take steps to:
(a) protect the security and integrity of the data while it is stored in MAGDALENA MEDIA’s systems, and
(b) prevent unauthorized access, use, modification, or disclosure of such data, whether accidental or intentional.
COPYRIGHT AND USAGE RESTRICTIONS
No user is authorized to sell and/or modify the material available on the platform, nor distribute it for commercial purposes. It is strictly prohibited to copy or adapt the HTML code generated by the company for its websites, as it is protected under U.S. copyright law. Any unauthorized or improper use may be subject to legal sanctions.
SPECIAL CONDITIONS FOR THE PROVISION OF SERVICES
The provision of services by MAGDALENA MEDIA shall be subject to the following special conditions:
- The offer sent to the CLIENT does not include additional pieces such as logos, texts, videos, photographs, or others not described in the proposal.
- The web design offer includes the delivery of three graphic lines based on a template and two rounds of changes. If the CLIENT wishes to change the graphic line (template) after implementation, this work will incur an additional cost.
- The Google Ads and META Ads management services are subscription-based services that allow for advertising from one (1) day up to 31 days on a month-to-month basis. Therefore, the CLIENT agrees to pay the full month regardless of the number of days the ads run.
- Once any project has started—either through the payment of the initial deposit or delivery of the first draft—the CLIENT shall have a maximum of one calendar month to provide the necessary information or feedback to complete the contracted services, unless the delay is due to force majeure. Otherwise, the contract will be deemed terminated. If the CLIENT wishes to continue the project after that period, they must pay 2% for each day exceeding the aforementioned month.
- Advertising on any platform requires a payment method through a credit card provided by the CLIENT.
- Upon termination of services, the parties, within thirty (30) days, shall return all confidential information owned by the other party, along with any copies of materials related to the services rendered.
FIRST PARAGRAPH.
“Confidential Information” means non-public information that the parties identify as confidential or that, under the circumstances surrounding disclosure, should reasonably be treated as confidential. In this regard, the Parties understand «Confidential Information» to include, but not be limited to, information related to products, formulations, marketing strategies and plans, customers, business information, financial data, and practices of the CONTRACTOR or the CLIENT, and in general, any information related directly or indirectly to either party obtained or received, directly or indirectly, from the other party, its employees, or associates.
SECOND PARAGRAPH.
Confidential Information does not include:
a) Information that was in the public domain at the time of receipt.
b) Information already in the possession of one of the parties prior to its communication by the other.
c) Email accounts created by the CONTRACTOR for the development of Google Ads campaigns.
d) Information that becomes publicly available through no breach of contract by the CLIENT or the CONTRACTOR.
e) Information in the possession of or independently acquired or developed by either party without violating any obligations.
f) Information disclosed by court order, provided that professional secrecy does not apply and as long as the CONTRACTOR or CLIENT notifies the other party in advance of the obligation to disclose such information.
RIGHT OF WITHDRAWAL
MAGDALENA MEDIA shall grant the CLIENT a withdrawal period of FIVE (5) BUSINESS DAYS under the same terms established by Article 47 of Law 1480 of 2011, starting from either the confirmation by the CLIENT of their intention to contract any of the services in MAGDALENA MEDIA‘s portfolio or from the day after signing the corresponding Service Agreement. During this period, the CLIENT may freely cancel the contract and receive a FULL (100%) refund of the amount paid, provided that service execution has not begun as per the cited law. MAGDALENA MEDIA shall have THIRTY (30) CALENDAR DAYS to process the refund in accordance with Article 47 of Law 1480 of 2011.
Once this period has passed, NO REFUNDS shall be issued by MAGDALENA MEDIA. However, if the CLIENT chooses not to continue with the contracted services for any reason, MAGDALENA MEDIA will allow the CLIENT to apply the remaining unused funds toward other services within its portfolio, with the obligation to pay any balance if the new service exceeds the original amount.
WEBSITE AVAILABILITY
MAGDALENA MEDIA guarantees that its website will operate continuously and will promptly correct any failures or interruptions in service. It will respond to USER and/or CLIENT concerns regarding the site’s functionality. However, USERS and/or CLIENTS understand and accept that failures or unexpected issues beyond the control of MAGDALENA MEDIA may occur.
MAGDALENA MEDIA is responsible for regularly updating the website and reviewing the services offered on the platform.
PROHIBITIONS
The reproduction, copying, or distribution of content for any other purpose is strictly prohibited without the prior explicit written consent of MAGDALENA MEDIA. USERS and/or CLIENTS may only use platform content for purposes allowed under these TERMS AND CONDITIONS and any applicable local or international laws and regulations. All rights not expressly granted are reserved.
It is strictly forbidden for USERS and/or CLIENTS, or any other person to:
a) Engage in reverse engineering, scraping, disassembly, decompilation, or attempts to reveal the source code, structure, or organization of the services or any of their parts.
b) Rent, lease, sell, distribute, or use the services for commercial purposes without prior authorization.
c) Interfere with or disrupt the services through any activity or task.
MODIFICATIONS, SUSPENSION, AND TERMINATION OF SERVICE
MAGDALENA MEDIA reserves the right, at any time, to modify, suspend, or permanently discontinue the services (or any related part) for any reason, with or without notice. USERS and/or CLIENTS agree that MAGDALENA MEDIA shall not be held liable for any modification, suspension, or discontinuation of services.
MAGDALENA MEDIA, at its sole discretion, may terminate a USER or CLIENT’s right to use the services at any time and for any reason, including but not limited to: non-use, failure to make timely payments, suspected or confirmed violations of these TERMS AND CONDITIONS, breach of legal provisions, or the use of MAGDALENA MEDIA’s services for illegal purposes.
HOLD HARMLESS CLAUSE
The USER and/or CLIENT agrees to hold harmless and indemnify MAGDALENA MEDIA against any and all damages—whether direct, indirect, consequential, or otherwise—losses, liabilities, costs, and expenses (including, but not limited to, reasonable accounting and legal fees) arising from any claim, demand, legal action, or proceeding resulting from matters outside MAGDALENA MEDIA‘s responsibility.
USE OF TRADEMARKS:
The trademarks, service marks, and logos of MAGDALENA MEDIA, referred to as “MAGDALENA MEDIA Trademarks,” used and displayed in connection with the Services are registered and unregistered trademarks or service marks of MAGDALENA MEDIA. Other company, product, and service names used in connection with the Services may be the property of third parties, referred to as “Third-Party Trademarks” and, together with the MAGDALENA MEDIA Trademarks, collectively referred to as the “Trademarks.”
Offering the Services shall not be construed as granting—by implication, estoppel, or otherwise—any license or right to use any Trademark displayed in connection with the Services without prior written consent from MAGDALENA MEDIA for each specific use.
Trademarks may not be used to disparage MAGDALENA MEDIA, any third party, or the products or services of MAGDALENA MEDIA or any third party, or in any manner (as solely determined by MAGDALENA MEDIA) that may damage the goodwill associated with the Trademarks. The use of any Trademark as part of a link from or to any Platform is prohibited unless MAGDALENA MEDIA approves such link in writing prior to its creation. All goodwill generated from the use of any MAGDALENA MEDIA Trademark will inure to the benefit of MAGDALENA MEDIA.
INTELLECTUAL PROPERTY:
MAGDALENA MEDIA holds all rights recognized under Intellectual Property laws as the creator of a work. Content such as contracts, text, images, logos, buttons, icons, trademarks, and others are the intellectual property of MAGDALENA MEDIA (except for previously authorized third-party material and content from royalty-free image platforms) and are protected under copyright, trademark, and general intellectual property laws.
All computer, graphic, advertising, photographic, multimedia, audiovisual, and design material, as well as all content, text, and databases made available on this platform are protected by copyright and/or industrial property rights held by MAGDALENA MEDIA, or in some cases, by third parties who have authorized their use or exploitation. Likewise, the use of third-party materials on the Platform is expressly authorized by law or by said third parties. All content on the Platform is protected by copyright regulations and all applicable national and international laws.
APPLICABLE LAW:
These TERMS AND CONDITIONS shall be interpreted and enforced exclusively in accordance with the laws of the Republic of Colombia.
MODIFICATIONS:
MAGDALENA MEDIA reserves the right to modify these TERMS AND CONDITIONS or any service policies at any time, so users are encouraged to review the policies frequently. In all agreed-upon matters and those not expressly provided for, this agreement shall be governed by the applicable laws of the Republic of Colombia.
No section of these TERMS AND CONDITIONS may be unilaterally modified by USERS AND/OR CLIENTS.
ENFORCEABILITY:
If any section or part of these TERMS AND CONDITIONS is unenforceable or invalid, in whole or in part, under any law or is ruled as such by a court decision, such section shall be interpreted in accordance with the applicable law. Its unenforceability or invalidity shall not render these TERMS AND CONDITIONS as a whole, or the remaining provisions, unenforceable or invalid. In such event, those provisions shall be changed and interpreted to best achieve the objectives of such unenforceable or invalid provisions within the limits of applicable law or relevant court decisions.
ENTIRE AGREEMENT:
These TERMS AND CONDITIONS constitute the sole agreement between MAGDALENA MEDIA and its USERS AND/OR CLIENTS. Acceptance of these TERMS AND CONDITIONS supersedes any prior or contemporaneous agreement, arrangement, understanding, and warranty with respect to this Platform, the Content, the information contained herein, and the subject matter of these TERMS AND CONDITIONS.
In case of any conflict between these TERMS AND CONDITIONS and any other document signed by the parties, the provisions set forth in these TERMS AND CONDITIONS shall prevail.
NO WAIVER OF AGREEMENT ENFORCEMENT:
Failure to enforce any of the terms, conditions, or rights included in these TERMS AND CONDITIONS shall not be construed as a waiver of the right to enforce or execute such provisions in the future.
DISPUTE RESOLUTION:
If a dispute arises between MAGDALENA MEDIA and a USER AND/OR CLIENT, it shall first be resolved through DIRECT NEGOTIATION between the involved parties in order to settle the issue.
If the dispute cannot be resolved directly within a reasonable time frame—not to exceed fifteen (15) business days from the moment the affected party notifies the other—then it shall be resolved through a Conciliation Center or an Arbitration Tribunal at the parties’ discretion. If the disagreement persists, it shall be resolved through ordinary judicial proceedings.
ACCEPTANCE OF TERMS AND CONDITIONS OF SERVICE:
The User expressly accepts these TERMS AND CONDITIONS as an essential requirement for using the Platform.
If the User does NOT agree with these Terms and Conditions, they may NOT use our services. MAGDALENA MEDIA may modify these Terms and Conditions, notifying users via the Platform or through electronic means such as the Platform itself or email. Such notification will be deemed accepted upon receipt. MAGDALENA MEDIA reserves the right to modify or replace these TERMS AND CONDITIONS at its sole discretion at any time. Users are responsible for periodically checking whether these TERMS AND CONDITIONS have been updated. By continuing to use the Services after any modifications, the User is accepting the updated TERMS AND CONDITIONS.
NOTIFICATIONS:
LA P PUBLICITARIA states that the contact details for sending notifications and handling REQUESTS, COMPLAINTS, AND CLAIMS are as follows:
Email: info@magdalenamedia.us Mobile and WhatsApp: +57 3124929277
Physical address: 69 Rocky Point Yaphank RD APT 98 Rocky Point NY 11778
