Terms and Conditions | Amazon PPC & SEO Services

Last Updated: December 3, 2024

1. Agreement to Terms

Welcome to Akspire. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Akspire, owned and operated by Muhammad Aleem Khan (“Akspire,” “we,” “us,” or “our”), governing your use of our website at https://akspire.com (the “Website”) and our services.

By accessing our Website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website or services.

Contact Information:

Business Name: Akspire
Owner: Muhammad Aleem Khan
Address: House #1119-1120/1, 1st Floor, Near Lucky Flexo, Tareen Road, Multan Cantt, Sher Shah Town
Email: akslife786@gmail.com
Phone: +923363331190
Website: https://akspire.com

2. Our Services

Akspire provides done-for-you marketing and advertising services specifically designed to help Amazon brands scale their business. Our services include but are not limited to:

Amazon advertising campaign management
Marketing strategy development
Performance optimization
Analytics and reporting

The specific scope of services, deliverables, timelines, and pricing will be outlined in a separate Service Agreement executed between Akspire and the Client.

3. Service Agreement

All clients engaging our services must execute a separate Service Agreement that will specify:

Scope of work and deliverables
Payment terms and pricing
Project timeline or service duration
Specific terms and conditions related to the engagement

In the event of any conflict between these Terms of Service and a signed Service Agreement, the Service Agreement shall prevail with respect to the specific services being provided.

4. Eligibility

By using our services, you represent and warrant that:

You are at least 18 years of age
You have the legal capacity to enter into binding contracts
You are an authorized representative of the business engaging our services
All information you provide to us is accurate, current, and complete

5. Client Responsibilities

To enable us to deliver our services effectively, you agree to:

Provide timely access to necessary accounts (Amazon Seller Central, advertising accounts, etc.)
Provide accurate and complete information about your business, products, and goals
Respond to our communications and requests in a timely manner
Maintain adequate inventory levels to support advertising campaigns
Comply with all applicable Amazon policies and guidelines
Grant necessary permissions and authorizations for us to manage your advertising accounts
Review and approve campaign strategies and materials as required

Failure to fulfill these responsibilities may impact our ability to deliver results and may affect guarantee eligibility.

6. Payment Terms

6.1 Pricing and Payment Schedule

Payment terms, pricing, and schedule will be specified in your Service Agreement. Unless otherwise stated:

Payments are due as outlined in the Service Agreement
All fees are non-refundable except as explicitly stated in Section 7 (Performance Guarantee)
Prices are subject to change with 30 days’ notice for ongoing services

6.2 Late Payment

If payment is not received within 30 days of the due date:

Services may be suspended until payment is received
We reserve the right to charge interest on overdue amounts at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower
We may terminate the Service Agreement for non-payment

6.3 Taxes

All fees are exclusive of applicable taxes, duties, or similar governmental assessments. You are responsible for paying all taxes associated with your purchase.

7. Performance Guarantee

7.1 2X ROAS Guarantee

Akspire guarantees a minimum 2X Return on Ad Spend (ROAS) within 90 days of campaign launch, calculated as:

ROAS = Total Revenue Generated from Ads ÷ Total Ad Spend

7.2 Guarantee Terms

If we do not achieve a 2X ROAS within the initial 90-day period, we will continue working with you for up to an additional 60 days at no additional service fee until the 2X ROAS target is met.

7.3 Guarantee Exclusions

This guarantee does not apply if:

Client fails to provide timely access to necessary accounts or information
Client does not maintain adequate inventory to fulfill orders
Client makes unauthorized changes to advertising campaigns without our approval
Client fails to implement our recommended strategies or optimizations
Client violates Amazon’s terms of service or policies, resulting in account suspension or restrictions
External factors beyond our control significantly impact performance (e.g., Amazon algorithm changes, marketplace shutdowns, product recalls)
Client provides inaccurate or misleading information about products, pricing, or business operations
Payment terms are not met as outlined in the Service Agreement

7.4 Sole Remedy

The performance guarantee described in this section constitutes your sole and exclusive remedy for any failure to achieve specified results.

8. Refund Policy

All sales are final. Except as specifically provided in Section 7 (Performance Guarantee), all fees paid to Akspire are non-refundable. We do not offer refunds for:

Change of mind
Dissatisfaction with results (except as covered by the Performance Guarantee)
Early termination of services by Client
Client’s failure to fulfill their responsibilities

9. Term and Termination

9.1 Service Term

The term of service will be as specified in your Service Agreement.

9.2 Termination by Either Party

Either party may terminate the service relationship with 30 days’ written notice to the other party, unless otherwise specified in the Service Agreement.

9.3 Immediate Termination

We reserve the right to immediately terminate or suspend services if:

You breach these Terms or the Service Agreement
You fail to make required payments
You engage in fraudulent or illegal activities
You violate Amazon’s terms of service
Continuing the relationship would cause legal or reputational harm to Akspire

9.4 Effect of Termination

Upon termination:

You must immediately pay all outstanding fees
We will cease providing services
You must return or destroy any confidential information or proprietary materials
We will provide you with a final report of campaign performance (if applicable)
Any prepaid fees for services not yet rendered will be refunded on a pro-rata basis, unless termination is due to Client breach

10. Intellectual Property Rights

10.1 Akspire’s Intellectual Property

All content on our Website, including but not limited to:

Text, graphics, logos, images, and videos
Case studies and testimonials
Our unique methodology and processes
Software, code, and data compilations

…is the property of Akspire and is protected by copyright, trademark, and other intellectual property laws.

10.2 License to Use Materials

We grant you a limited, non-exclusive, non-transferable license to access and use materials provided as part of our services for your internal business purposes only. You may not:

Claim our materials, methodologies, or processes as your own
Resell, redistribute, or sublicense our materials
Remove any copyright or proprietary notices
Use our materials to provide services to third parties

10.3 Client Materials

You retain all rights to your business information, product data, and other materials you provide to us. By engaging our services, you grant us a license to use your materials solely for the purpose of providing our services.

11. Confidentiality

11.1 Confidential Information

In the course of providing services, we may access confidential business information including but not limited to:

Sales data and financial information
Business strategies and plans
Customer information
Amazon account credentials and access
Proprietary business processes

11.2 Our Obligations

We agree to:

Keep your confidential information strictly confidential
Use confidential information only for providing our services
Implement reasonable security measures to protect your information
Not disclose confidential information to third parties without your consent (except as required by law or necessary service providers bound by confidentiality)

11.3 Exceptions

Confidential information does not include information that:

Is publicly available through no fault of ours
Was already known to us before you disclosed it
Is independently developed by us without use of your confidential information
Is rightfully received from a third party without confidentiality restrictions

11.4 Your Obligations

You agree to keep confidential any proprietary methodologies, strategies, or processes we share with you as part of our service delivery.

12. Results and Disclaimers

12.1 No Guaranteed Results

Except as specifically stated in Section 7 (Performance Guarantee), we do not guarantee any specific results, revenue, profit, or return on investment from our services. Past performance and case studies are not indicative of future results.

12.2 Variable Factors

Results may vary based on numerous factors including but not limited to:

Product quality and pricing
Market competition and demand
Amazon algorithm changes
Seasonal fluctuations
Your business practices and operations
External economic conditions

12.3 Third-Party Platforms

We have no control over Amazon’s platform, policies, algorithms, or operations. Changes to Amazon’s marketplace may impact campaign performance. We are not responsible for:

Amazon policy changes or enforcement actions
Amazon algorithm updates
Amazon account suspensions or restrictions
Amazon fee changes
Technical issues with Amazon’s platform

13. Limitation of Liability

13.1 Types of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AKSPIRE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits or revenue
Loss of business opportunities
Loss of data
Cost of substitute services
Business interruption

…ARISING OUT OF OR RELATED TO OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Cap on Liability

Our total aggregate liability for any claims arising out of or related to our services shall not exceed the total fees paid by you to Akspire in the 12 months preceding the claim.

13.3 Essential Purpose

You acknowledge that these limitations of liability are an essential element of the agreement between us and that we would not provide services without these limitations.

14. Indemnification

You agree to indemnify, defend, and hold harmless Akspire, its owner, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

Your breach of these Terms or the Service Agreement
Your violation of any law or regulation
Your violation of Amazon’s terms of service or policies
Your products, including any product liability claims
Inaccurate or misleading information you provide
Your business practices or operations

15. Third-Party Services and Integrations

15.1 Third-Party Services

Our services may integrate with or utilize third-party platforms and services, including but not limited to:

Close CRM
Amazon Seller Central and Advertising Platform
Payment processors
Analytics tools
Communication platforms

15.2 No Endorsement

We do not endorse, control, or assume responsibility for third-party services. Your use of third-party services is subject to their own terms and conditions and privacy policies.

15.3 Third-Party Changes

We are not responsible for any changes, interruptions, or discontinuation of third-party services that may affect our ability to deliver our services.

16. Prohibited Uses

You agree not to:

Use our services for any illegal purpose or in violation of any laws
Violate Amazon’s terms of service, policies, or guidelines
Provide false, inaccurate, or misleading information
Interfere with or disrupt our services or systems
Attempt to gain unauthorized access to our systems or accounts
Use our proprietary information to compete with us or provide similar services
Engage in any activity that could harm our reputation or business
Resell or sublicense our services without our written consent

Violation of these prohibited uses may result in immediate termination of services and legal action.

17. Disclaimers and Warranties

17.1 No Warranties

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

17.2 Professional Advice Disclaimer

We provide marketing and advertising services. Nothing we provide should be construed as:

Legal advice
Financial or investment advice
Accounting or tax advice
Guarantees of specific business outcomes

You should consult with appropriate professionals for legal, financial, tax, or other specialized advice.

18. Dispute Resolution

18.1 Informal Resolution

If a dispute arises, we encourage you to first contact us at akslife786@gmail.com or +923363331190 to seek an informal resolution.

18.2 Mediation

If informal resolution is unsuccessful, both parties agree to attempt to resolve the dispute through mediation before pursuing litigation.

18.3 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Pakistan. Any legal action or proceeding arising out of or related to these Terms or our services shall be brought exclusively in the courts of Multan, Pakistan, and both parties consent to the jurisdiction of such courts.

18.4 Costs

The prevailing party in any dispute resolution or legal proceeding shall be entitled to recover reasonable attorneys’ fees and costs.

19. Modifications to Terms

19.1 Right to Modify

We reserve the right to modify these Terms at any time. When we make changes, we will:

Update the “Last Updated” date at the top of this page
Post the revised Terms on our Website
Notify active clients via email if changes are material

19.2 Continued Use

Your continued use of our Website or services after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of our services.

19.3 Existing Agreements

Changes to these Terms will not affect the terms of any existing Service Agreement unless both parties agree in writing.

20. General Provisions

20.1 Entire Agreement

These Terms, together with any Service Agreement and our Privacy Policy, constitute the entire agreement between you and Akspire regarding our services and supersede all prior agreements and understandings.

20.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

20.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20.4 Assignment

You may not assign or transfer these Terms or your rights and obligations under them without our prior written consent. We may assign these Terms without restriction.

20.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, governmental actions, internet or utility failures, or pandemics.

20.6 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Akspire.

20.7 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to: payment obligations, intellectual property rights, confidentiality, limitations of liability, indemnification, and dispute resolution.

21. Contact Information

If you have any questions about these Terms of Service, please contact us:

Akspire
Muhammad Aleem Khan
House #1119-1120/1, 1st Floor
Near Lucky Flexo, Tareen Road
Multan Cantt, Sher Shah Town

Email: akslife786@gmail.com
Phone: +923363331190
Website: https://akspire.com

22. Acknowledgment

BY USING OUR WEBSITE OR ENGAGING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Terms of Service