1. Definitions  

When the following words with capital letters are used in the Terms, this is what they mean:  

Agreement 

means the Confirmation of Order, the Service Pricing, and the Terms.  

Confirmation of Order 

means the document, webpage, or electronic communication, including email, that we issue to you to confirm our acceptance of your Order.  

Content 

All textual, graphical, visual, and audio content includes text, code, graphics, images, logos, photographs, sounds, music, video, animation, characterization, URLs, trademarks, data, media, and other content.  

Domain Name 

means an internet domain name that is registered through a Registry.  

Effective Date 

has the meaning given in paragraph 3A  

Event Outside Our Control 

means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, or failure of public or private telecommunications networks.  

Fees 

means the fees payable by you for the Services, which are described in the Service Pricing.  

Free Services 

has the meaning given in paragraph 13A.  

ICANN 

means the Internet Corporation for Assigned Names and Numbers.  

Intellectual Property Rights 

means all (a) copyrights, patents, rights in trademarks, design rights, database rights, rights in know-how, trade secrets, service marks, domain names and rights in confidential information (whether registered or unregistered); (b) applications for registration, and the right to apply for registration, renewal, extension, division or reissue, for any of the rights listed in (a); and (c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.  

Laws 

means applicable Federal, state, and local laws, regulations, rules, orders, codes of practice or other requirements.  

Minimum Term 

has the meaning given in paragraph 3B.  

Order 

means your order for the Services (including a request to use Free Services) which typically may be placed via our electronic contracting portal or through our telephone sales team.  

Our Content 

All Content we create, publish, or otherwise use in connection with providing the Services, including any Content we create on your behalf or license from third parties.  

Our Data 

means all data relating to the Services or their use by you or anyone else, including data about the transactions processed through your use of the Services and any other data identified as “Our Data” in the Service Terms.  

Our Representatives 

means our affiliates and any employee, partner, agent, contractor, service provider, licensor, or other representative of us or of our affiliates.  

Our Websites 

means productiveit.com  and any website that may replace these websites at any time in the future.  

Personal Data 

means any data which identifies, relates to, describes, is capable of being associated with or could be linked, directly or indirectly, with a particular person.  

Register 

means a Domain Name register which is managed by a Registry and which lists one or more Domain Names along with registered owner details.  

Registry 

means any Domain Name registry or registrar run under the rules of ICANN. For the Terms, a Registry shall be treated as one of Our Representatives.  

Service Description 

A description of a Service made available by us (including via Our Websites) sometimes.  

Service Month 

has the meaning given in paragraph 3B. 

Service Pricing 

Means the pricing information for a Service made available by us (including via Our Websites) sometimes.  Start Date 

has the meaning given in paragraph 3B. 

User Content 

means any Content created, uploaded, published, or otherwise provided by third party users of the Services you purchase.  

“You” and “you”  

means both the individual signing the Agreement and the business on whose behalf the individual is signing the Agreement and the terms “Your” and “your” shall be construed accordingly.  

Your Content 

means all Content that you or your employees, agents and contractors create, upload, publish or otherwise provide or use in connection with your use of the Services.  

Your Data 

means any data that you give to us or let us access about you, your business, your actual or prospective customers or the products and services that you sell and any other data identified as “Your Data” in the Service Terms, but excluding Our Data.  

Your Taxes 

means all value added, sales, use, excise, import, export and other taxes and duties assessed, incurred, or required to be collected or paid for any reason in connection with any advertisement or the offer or sale of the goods and services that you advertise or sell through, or in connection with, the Services.  

2. How the Contract is Made between You and Us  

The contract between you and us is made when you sign and submit your Order and we send you a Confirmation of Order.  

Your Order is accepted by us only when we send you a Confirmation of Order. Once we send you a Confirmation of Order, the Agreement between us will be made. If you have placed an order for the Services with the help of our telephone sales team then once we provide you with the Confirmation of Order, you still have a cancellation right under paragraph 21(b).  

If we are unable to supply you with a Service, for example because it is no longer available, we will email you and will not process your Order.  

Some of our Services give you the option to upgrade or downgrade to a different version of that Service. If you want to upgrade or downgrade any Service you bought from us, follow the instructions in the relevant Service Terms. This also applies where we give you the option to upgrade from a Free Service to a full version of that Service. Please note that we do not offer upgrades and downgrades for all our Services. We will try to make your upgrade or downgrade effective as soon as possible, but you agree that this may not happen until the start of a future Service Month.  

If any of the various parts of the Agreement is inconsistent with any of the other parts of the Agreement, the following order of priority will apply:  

Confirmation of Order 

Service Pricing 

Service Terms 

General Terms 

Additional Terms.  

In the General Terms, unless specifically provided otherwise, all references to another numbered paragraph are to that numbered paragraph of the General Terms.  In the Service Terms, unless specifically provided otherwise, all references to another numbered paragraph are to that numbered paragraph of the Service Terms for the applicable Service.  

3. Contract Term  

The Agreement will begin on the date that we send the Confirmation of Order (“Effective Date”).  

The Service Terms and the Confirmation of Order specify whether there is a minimum term requirement for a Service (“Minimum Term”). The Minimum Term, if any, begins on the date your digital services begin (“Start Date”). Your Services will continue month-to-month after the end of the Minimum Term, unless otherwise specified in the Service Terms, until cancelled by us or you. If there is no Minimum Term, your Services begin on the Start Date and continue month-to-month until cancelled by us or you. Each of these monthly periods will be known as a “Service Month.” By way of example, if the Start Date were January 5, the first Service Month would run from January 5 to February 4 and the second Service Month would run from February 5 to March 4.  

4. Our Services  

In return for the Fees, we will provide you with access to and use of the Services that you have bought.  

You agree that you will, on or promptly following the Effective Date, provide us with Your Content, Your Data and any other materials and information that we need to provide the Services and participate in a consultation call with a Productive I.T. Digital Services Consultant.  

You agree that we may change how Your Content “looks and feels” or is formatted if we think this is necessary or appropriate for us to provide the Services.  

Some of our Services rely on third parties, for example Google or Facebook, to do certain things. You acknowledge that  

We may not be able to provide a particular Service feature where you do not meet criteria set down by a relevant third party 

We do not have any control or exercise influence over the third party’s own services 

The third party’s service may stop or change from time to time. You acknowledge that these are Events Outside Our Control and that neither we nor Our Representatives will be responsible for any impact these events may have.  

Some of our Services give you the option to use third party tools, widgets, or Content. If you use or add third party tools, widgets, or Content then you agree that this use is subject to the terms and conditions of the applicable third party or parties and that we are not responsible for the performance or non-performance of any third-party tools, widgets, or Content.  

Where a Service feature involves setting up an account, setting up, or administering a page or pages on a third party website, you acknowledge that: 

 Where necessary, we are authorized to set up the account, page, or pages on your behalf 

We are authorized to administer the account, page, or pages on your behalf 

You are authorized and grant us permission to display all Content on the account, page, or pages.  

Some of our Services involve us acting on your behalf as your agent, for example, to repoint or move your own Domain Name from one hosting provider to another. You acknowledge and agree that:  

Where necessary, we are authorized to act on your behalf as your agent 

We are authorized to administer your account on your behalf 

You remain responsible for your account with any third-party providers.  

5. Customer Support  

You can contact our customer support team by calling 334-356-3561 at any time Monday through Friday (except national holidays) between 9:00 a.m. and 5:00 p.m. Central time. Alternatively, you can email, telephone, or write to us using the contact details we put on Our Websites or in correspondence to you.  

If we need to contact you, we will do so by email, telephone, or mail. You agree that we may call you at any telephone number you provide to us on your Order or in any subsequent communication.  

6. Changes to the Services, Pricing, or Terms  

We are always working to improve the Services and may change the Services or stop providing parts of the Services from time to time. This may be for several reasons, for example where changes are necessary because of a change in Laws or are desirable to keep up with developments in technology, or where things happen that make it unwise or difficult to continue to provide a Service in its current form. We may also change Service Pricing at any time after the end of your Minimum Term.  In the case of any material change in the Services or in the case of a Service Pricing change, we will tell you about the change either by email or by mail or via your customer dashboard.  

When we notify you of a change to the Terms or the Services or a change in Service Pricing, the change will take effect 14 days after the date we notified you of the change or at such later date as is specified in the notification. If you are not happy with the change, you can cancel the Services by following the procedure in paragraph 21A. If you do not cancel the Services, we will assume that you agree with the change.  

7. Use of Our Websites  

Your use of Our Websites is governed by the applicable Conditions of Use and Privacy Policy (you will find a link to these in the footer of each of Our Websites). Please take the time to read these, as they include important terms which apply to you.  

We may investigate your online activities, account, and any order you place with us for click-fraud or other invalid click activity. You must provide us with reasonable assistance in these investigations if we ask for it.  

8. Fees and Monthly Budgets  

For all Services we will charge you by way of Fees or a Monthly Budget. The Service Pricing for each Service confirms how we charge for that Service. Fees and Monthly Budgets for your Service will be chargeable from the Start Date or from the date otherwise set forth in the Service Terms for such Service.  

We may use your information to obtain credit reports about you sometimes, and you agree we can do this. This may include us passing your Personal Data, including your payment details, to credit reference agencies and these agencies may keep a record of any search that they carry out on our behalf.  

Fees  

The Fees will be as stated in the Confirmation of Order.  

The Service Pricing will explain whether the Fees that you are to pay for the Services are one-time Fees, recurring Fees (for example, monthly, annual, etc.), transaction-based service Fees or some other kind of Fees. 

The Fees for a Service exclude all applicable sales taxes and other taxes which will be added on to the Fees.  The Fees for a Service also do not include administrative charges or similar charges, which will be added to the Fees.   

 9. How to pay  

When you submit your Order, you must provide us with the payment information that we request, which may include:  

details for a valid credit card from a card issuer acceptable to us; or 

details for a valid bank account.  

You must keep your credit card or bank account information up to date during the Agreement's term. You authorize us to check your information (including any updated information), to obtain credit authorizations from the issuer of your credit card, and to either charge your credit card or debit your bank account from time to time for any sums payable by you to us.  

You must pay for the Services when we require you to. We will charge the card or take the money from the bank account whose details you give us when you place your Order.  

If you do not pay when you are supposed to:  

we may charge you interest on the overdue amount at the lesser of 1.5% per month or the highest rate allowed by applicable Laws. This interest will accrue daily from the due date until the date of actual payment of the overdue amount, whether this payment occurs before or after any court judgment is made. You must pay us interest in addition to the overdue amount; and  we reserve the right to suspend or cancel all or part of the Services and your access to them.  

We may offset any amounts you owe us (whether in reimbursement or otherwise) against any payments we make to you.  

10. Service Availability and Security  

You understand and acknowledge that the Services are not guaranteed to be error free and that sometimes they may contain mistakes, be unavailable or may not be fully functional. This may be because of planned or required maintenance, repairs or updates, equipment failures, high volumes of internet traffic, interruption of telecommunications or digital transmissions links, network or system errors or many other factors.  

We will try to minimize any disruption to your use of the Services, however, we do not promise that any Service will be provided on a continuous and uninterrupted basis, or that we will be able to correct any error that occurs in the Services. We will not be not liable for any interruptions to the Service availability or functionality, whether caused by an Event Outside Our Control or by anything else.  

You should notify us if you notice any problems with the availability or functioning of the Services so that we can try to fix these problems.  

We may temporarily suspend any Service at any time if:  

we believe this is necessary to carry out essential maintenance 

we believe this is necessary to prevent or respond to hacking attempts, service attacks or other similar activities directed at our systems, or to deal with any other emergency technical issue 

we have reason to believe that you are no longer using the Services or that the password and access codes we have provided to you are being misused, for example, where you fail to respond to emails from us or Our Representatives regarding your contact information; or  

required by a third party with authority, including any of Our Representatives, ICANN and judicial, regulatory, or governmental bodies.  

Although all information transmitted to us is stored in operating environments which we believe are within industry standards for security, you acknowledge and agree that no data stored on or transmitted over the internet can be guaranteed to be 100% secure. We are not responsible for any security breach, interception or interruption of Your Content, Data, or communications you send through the Services.  

You are responsible for securing and backing up Your Content and Your Data.  

11. Your Use of the Services  

How you may use the Services  

You and any employees, agents, or contractors you authorize can access and use the Services for your normal, internal, business activities for the Agreement's term. You are not allowed to resell the Services or to give them away or to transfer your rights or the Agreement to a third party.  

You are responsible for arranging your online access to the Services and for paying any relevant fees, for example, to your broadband supplier. You are also responsible for having all the necessary equipment for accessing the Service.  

You will provide us with Your Content and Your Data when we request it.  

You will only use the Services in compliance with applicable Laws and you agree not to ask a third party to do anything on your behalf that does not comply with applicable Laws. This will include complying with all Laws that apply to your business, any local Laws that apply in the countries in which you access and use the Services, and any Laws relating to the marketing, advertising or sale of the goods and services you offer (and in particular any Laws relating to online marketing, advertising or sales).  

If a Service relies on third parties, for example Google or Facebook, you may be required to comply with that third party’s rules or guidelines when you use that Service and you may receive communications directly from that third party pertaining to the Service, including requests for information and requests that you take certain actions relating to the Service.  For Services that include email and mailbox features, you must comply with the “Open SRS Acceptable Use Policy for Email.”  

If we think your use of the Services is excessive, we will tell you.  If you do not reduce your usage, we may suspend or cancel your access to the Services.  We may also set limits on your use of the Services, for example, a maximum number or maximum size of emails sent or received over the Service.  

You will meet all written security or network access requirements that we provide to you and you will not disclose any passwords or access codes that we give you, except where this is needed for your authorized employees, agents and contractors to access and use the Services on your behalf and you are responsible for actions taken when your logon details are used.  

You will notify us immediately if you become aware of any unauthorized use of passwords or access codes that we give you or any other breach of security that could affect us or the Services.  

You are responsible for the remittance, calculation, and collection of Your Taxes. You acknowledge that we have no responsibility for Your Taxes, and we recommend that you seek independent advice from a tax professional.  

You understand and agree that we do not, in any circumstances, approve or endorse any product or service that you may market or sell through your use of the Services or Your Content.  

Where the Services require action by you, for example to carry out file clearing or maintenance, you will do what is needed for the upkeep of these Services.  

You are responsible for all use of the Services by you and your employees, agents, and contractors. We will not, in any circumstances, be liable to you or any third party for any damage that is caused, or any loss that is suffered, because of the use of the Services by you or your employees, agents and contractors.  

We may provide the users of our Services with tools which allow them to rate you or the goods and services that you provide through your use of the Services, to provide feedback or to ask you questions. We may make these ratings, feedback, questions, and answers publicly available.  

We are entitled to sign you out of the Services if you are inactive for a long time and to modify your user settings without notice.  

Ways in which you may not use the Services  

Unless paragraph 11P applies, you will not:  

tamper with, update, change or gain unauthorized access to any part of any of our Services or the software or systems that we use to run the Services; 

use any automated means to monitor or copy the Services or Our Content, or to interfere with or attempt to interfere with how the Services work; 

modify, edit, reverse assemble, reverse engineer, decompile, distribute, or display any part of our Services or make other works based on any part of our Services;  

use the Services to store or transmit viruses, bugs, Trojans, and other forms of computer programming malware;  

interfere with or disrupt the performance of the Services or any third-party data;  

attempt in any way to test, circumvent, or breach the security of any part of our Services; 

copy, republish, change, display or distribute any part of Our Content, in any form or by any means;  

disable any licensing or control features of the Services or in any way interfere with features which place limitations on the use of the Services;  

remove, obscure, or alter any notice of copyright, trade mark or other mark or wording relating to ownership rights, which is contained in Our Content or any aspect of the Services;  

use the Services in any way which may be considered deceptive, misleading, or unethical or which might harm us, Our Representatives, or the public;  

use the Services in any way that is not allowed under the Agreement;  

access the Services through any means other than those which we tell you are acceptable;  

use the Services in a way that interferes with their normal operation or that consumes a disproportionate share of their resources;  

use the Services to collect or use email addresses, screen names, other identifiers, or information;  

use the Services to use an internet account or computer without the owner's authorization;  

use the Services to monitor data or traffic on any network or system; 

use the Services to distribute software that covertly gathers or transmits information about a user; or  

sub-license, assign, rent or resell the Services to any third party.  

You are permitted to carry out any of the actions set out in paragraph 11O to the extent that:  

you have a right to do so under relevant Laws and this right cannot lawfully be excluded by a contract;  

we have granted you a right to do so under the Agreement; or 

we have authorized you to do so in writing.  

Your Promises to Us  

You confirm that you have (and will maintain for the term of the Agreement) all the necessary permissions, licenses, and consents (in all relevant countries) to allow you to use Your Content and Your Data in connection with the Services. You will provide evidence of the necessary permissions, licenses and consents if requested by us.  

 You confirm that Your Content and Your Data:  

are true, accurate, complete, and kept up to date;  

are in a format approved by us;  

do not infringe or assist in the infringement of any Intellectual Property Rights or other rights belonging to a third party;  

are not defamatory, libelous, fraudulent, malicious, slanderous, obscene, harmful, threatening, harassing, discriminatory, racially, or ethnically offensive or otherwise inappropriate or unlawful;  

have not been altered to disguise where they came from;  

do not contain sexually explicit images or promote unlawful violence;  

are free of viruses, bugs, Trojans, and other forms of computer programming malware that may potentially damage, interfere with or intercept our systems or any data contained within those systems;  

do not create a risk to the safety or health of any person or the public, or interfere with an investigation by law enforcement; and  

You acknowledge that we are not under a duty to publish any of Your Content or Your Data. We may remove, reject, or delete any of Your Content or Your Data for any reason. Without limiting our rights under paragraph 17, we may also change any of Your Content or Your Data if we consider it does not comply with paragraph 11R, although we are not required to do this.  

You acknowledge and accept that you are responsible for Your Content and Your Data and any use that is made of them by any third party.  

You will not disparage us, Our Representatives or our Services, or any user of our Services.  

Indemnification. You will indemnify, defend and hold us and Our Representatives harmless from and against any and all claims, lawsuits, liabilities, damages, costs and expenses, including reasonable attorneys' fees and expenses arising out of any third-party claim (“Claim”) in any way relating to your use of the Services or your breach of any representation, warranty or covenant under this Agreement.  We agree to give you prompt notice of any Claim, provided, however, that any failure or delay in giving such notice shall only relieve you of your obligation to defend, indemnify and hold us harmless to the extent you demonstrate that your defense or settlement of the Claim was adversely affected thereby.  You will have sole control of the defense and of all negotiations for settlement of any Claim, provided, however, that you will not settle any Claim unless such settlement completely and forever releases us from all liability with respect to such Claim and does not impose any obligations or restrictions on us or Our Representatives with respect to the conduct of our business or Our Representatives’ businesses.  

12. Domain Names  

The Registry may reject applications for Domain Names based on its standard rules for handling applications. We provide no guarantee that any application we make on your behalf for a Domain Name will be accepted.  

If your preferred choice of Domain Name is not available, we will give you the option to select an alternative Domain Name. If your preferred Domain Name becomes unavailable between checkout and registration we will advise you of this and we will either offer you an alternative Domain Name or (at your option) refund to you any Fees that you have paid us in respect of the relevant Domain Name.  

We do not guarantee that any of your preferred Domain Names are available or can be registered. Any actions that you take before we notify you that the Domain Name has been officially registered, for example publishing your preferred Domain Name, are at your own risk.  

You will need to inform us promptly of any:  

change to your registered details for the Domain Name (for example your contact information); and 

actual or potential claims brought by or against you in connection with the Domain Name.  

We will renew the Domain Name automatically each year unless you cancel the Domain Name or any Service which comes with the Domain Name, or if you sell or otherwise transfer the Domain Name to a third party.  

We will not be liable for any loss that you suffer because of your failure to renew the Domain Name registration once you have cancelled the Domain Name or any Service which comes with the Domain Name, or if you have sold or otherwise transferred the Domain Name to a third party.  

When we register or renew your registration of a Domain Name you understand and accept that we will be acting on your behalf as your representative. You must comply with the terms and conditions, rules and policies of the Registry or Registries where the Domain Names are registered.  

If the Domain Name is to be transferred from one Registry to another, you will provide any assistance that we or the Registries require for the transfer to take place.  

We recommend that you read ICANN's Policy Statement. This document contains important information about your rights and duties relating to the Domain Name we provide you. We also recommend that you read ICANN’s Registrant Educational Materials and ICANN Registrants’ Benefits and Responsibilities.  

The terms of this paragraph 12 apply only if we provide you with a Domain Name.  If you provide your own Domain Name or obtain a Domain Name other than from us or Our Representatives, you are responsible for procuring, maintaining, and paying all fees relating to your Domain Name.  

13. Free Services  

All Free Services are provided "as is" and we do not make any promises of any kind in relation to them. You agree that your use of Free Services is at your own risk and that you have sole responsibility for protecting Your Data and Your Content when making any use of the Free Services. If any representations or guarantees apply to Free Services by law, we exclude those as far as it is within our rights to do so.  

We reserve the right to change or withdraw Free Services at any time and we will not be liable to you in these circumstances.  

All the provisions of the Terms will apply to the Free Services in the same way as they apply to the Services except that paragraphs 8 and 9 will not apply to Free Services.  

In return for receiving the Free Services, you agree to take part in email or telephone feedback and market research surveys while you are receiving the Free Services, and for six months afterwards. We are entitled to use your feedback in our advertising, promotions and sales and marketing materials.  

14. Intellectual Property Rights  

We are the sole owners of, or we otherwise have a legal right to use, all Intellectual Property Rights in the Services (including all Intellectual Property Rights in our software, Our Content and in any other products or materials created by or for us in connection with the Services). You agree that we may collect information about your use of the Services and your customer’s interaction with the Services. Where we combine this information (in a way that ensures that you cannot be identified) with similar information collected from other users of our Services, we will be the sole owner of this information.  

Unless paragraph 21(d) applies, and provided you paid for the Service in full in advance, then on cancellation of the Service, we grant you a non-exclusive, worldwide, and perpetual right to use, copy, store, modify and publish any written copy that we have created for You as part of the Services.  

You confirm that you are the sole owner of, or otherwise have a legal right to use, all Intellectual Property Rights in Your Content. If we think that the Intellectual Property Rights in any of Your Content belong to a third party, we may tell the third party that you intend to use these Intellectual Property Rights and you agree to us doing so.  

15. Rights Granted by You to Us  

You grant to us a worldwide, non-exclusive, sub-licensable and permanent right to access, use, copy, store, modify and publish Your Content and Your Data on Our Websites or through any other form of media, for any purpose in connection with the Services or the Agreement, for our own marketing, research and promotional activities (including sharing Your Content and Your Data with selected third party social media and networking sites) and for the internal business purposes of us and Our Representatives, except where this is in any way restricted by any term of the Agreement or by any applicable Laws.  

You agree by requesting a site scrape of your existing website that you authorize us to conduct the site scrape on your behalf and have all the rights to the Content on your existing website to allow us:  

to perform the site scrape on your behalf; and  

to use, fully access, copy, store, compile, recompile and index (at your request) any of the Content scraped in your Services including but not limited to any data and copyright works comprised therein, or any portion thereof, by automated means including web 'spiders' or 'crawlers'.  

In no event will we be liable for any claims that the Content scraped from your existing website infringes the Intellectual Property Rights of any third party. If you are in doubt about ownership of your existing website's content, please do not request the site scrape. This grant shall apply notwithstanding any contrary terms and conditions which may apply to such website. Your continued use of the Services shall constitute a waiver of any applicable contrary terms and conditions and any other rights you may have, contractual or otherwise, to restrict the rights granted to us or Our Representatives under this paragraph 15B  

We may transfer the rights granted to us under this paragraph 15 to another organization.  

16. Data and Privacy  

You will own all rights in Your Data and you are solely responsible for ensuring the legality, reliability, integrity, accuracy, and quality of Your Data.  

You will make sure that all use of the Services by you, or your employees, agents, and contractors, will meet all relevant data protection and privacy Laws  

We are the sole owners of all rights in Our Data and we may use it at our discretion and without restriction, including after cancellation of any or all the Services. You must not:  

 disclose any of Our Data to anyone; or  

use any of Our Data for any marketing or promotional purposes or in any way that is inconsistent with our  Privacy Policy or applicable Laws.  

If you communicate through our Services, including but not limited to by way of a chat, website form fill, phone call or text message through an RCF telephone number we provided, site comments, links provided to you by us, or through Our Websites, we may have access to the information you provide through such communication, including but not limited to Personal Data.  Please see our Privacy Policy for more information.  

17. Confidentiality  

As a result of entering into the Agreement, you may get access to, information about us which is not known publicly (“Confidential Information”). You must keep this secret and you are not allowed to share it with any third party or allow any third party to look at it, and you must make sure that your employees, agents, and subcontractors, meet these rules too.  

You must make sure that our Confidential Information is only used by people who need it to carry out duties they may have in connection with the Agreement.  

This paragraph 17 will not prevent you from sharing information which is already known to the public or known to you outside of the Agreement.  

If you become aware of any actual or threatened unauthorized use or sharing of any of our Confidential Information, you must tell us as soon as possible.  

18. Our Liability to You  

There is no limit under the Agreement to what we or any of Our Representatives will be liable for if we have committed fraud or if someone dies or is physically injured because of something we have or have not done.  

Except for the matters set out in paragraph 18A, neither we nor any of Our Representatives will, in any circumstances, be responsible for any  

loss of profits, sales, business, or revenue;  

loss, or corruption of data, information or software or loss of use of information;  

loss of business opportunity;  

loss of savings you expected to make;  

loss of goodwill; or  

Loss or damage that we would not have thought likely when the Agreement was formed.  

If we do not keep to these Terms, we will only be responsible for losses you have suffered which you and we would have thought at the time the Agreement was formed. We are not responsible for any other loss that you suffer, whether that loss is caused because we have not kept to our obligations under the Agreement, because of something we have done or not done, because we have made defamatory statements or otherwise because of:  

you using or relying on the Services;  

you not being able to use the Services;  

any mistake, fault, failure to do something, missing information, or virus or other form of computer programming malware in the Services or if the Services do not work properly because of Events Outside Our Control;  

theft or destruction of information or someone getting access to our records, programs, or services without our permission; or  

any information, data, message, or other material which you email, post, upload, reproduce, send, or otherwise distribute or receive using the Services.  

Except for the matters set out in paragraph 18A, in no circumstances will we or any of Our Representatives be liable to you in any way with respect to your use of Free Services.  

Except for the matters set out in paragraph 18A, our liability to you for any loss or damage suffered by you in connection with the Agreement or Services will be limited to the total Fees that you have paid to us for the affected Service in the six months prior to the event giving rise to our liability. You also agree that, except for the matters referred to in paragraph 18A, Our Representatives will not be liable to you for any loss or damage you may suffer due to the provision of, or failure to provide, the Services.  

Except as set out in the Agreement, we do not make any promises in relation to the Services. Where any promises would be implied into the Agreement by law, we exclude these as far as it is within our rights to do so. It is up to you to decide whether the Services are suitable for your needs. We will not be responsible for this. We do not make any promises concerning the performance, results or success rates that may be achieved by any Service  

We do not control the User Content posted, emailed, transmitted, or otherwise generated by the Services and we do not guarantee the accuracy, truth, quality, or appropriateness of such User Content. By using the Services, you may be exposed to User Content that is malicious, offensive, or otherwise inappropriate, or which may contain viruses or other computer programming malware. Under no circumstances will we or Our Representatives be liable in any way for any User Content posted, emailed, transmitted, or otherwise generated by the Services.  

19. Your Cancellation and Refund/Credit Rights  

Cancellation by You  

You may cancel any or all the Services by telephoning us at 334-356-3561 at any time Monday through Friday (except national holidays) between 9:00 a.m. and 5:00 p.m. Central Time. Unless you are still within your Minimum Term, cancellation will take effect as soon as possible after we receive your request to cancel.  The Service Terms include details of the refunds and credits that we offer. You agree that we have the right to decide:  

the amount of any pro-rated refund or credit; and  

whether this amount is given as a refund or credit against your account. If you are within your Minimum Term, you may not cancel the Services until the end of your Minimum Term.  

If you place an order for Services with the help of our telephone sales team then you will have a period of seven (7) days from the date of the Confirmation of Order (the “Review Period”) to review the full terms and conditions and details of this Agreement. If you decide that you no longer want to receive the Services, you must notify us during the Review Period either by telephoning us, emailing us, or writing to tell us. If you have paid any monies, you will be entitled to receive a full refund. After expiration of the seven (7) day Review Period, you may cancel the Services only in accordance with paragraph 19A  

Cancellation or Suspension by Us  

We may cancel any or all the Services at any time either by telephoning you, emailing you or by writing to you. When we contact you we will tell you when cancellation will take effect and we will try to give you as much notice of this as possible. Where cancellation takes effect part way through a Service Month we will, unless paragraph 19D applies, offer you a pro-rated refund or credit. You agree that we have the right to decide: 

the amount of any pro-rated refund or credit; and  

whether this amount is given as a refund or credit against your account.  

We may cancel or suspend any or all the Services immediately and without telling you beforehand, if:  

you do not pay us when you are supposed to as set out in paragraph 9. This does not affect our right to charge you interest under paragraph 9D1;  

you use the Services in any way that breaks or may break any applicable Law, is fraudulent or that may adversely impact the Services, Us or Our Representatives;  

you use the Services in any way that infringes or may infringe any rights belonging to a third party, or in any way which breaks or may break any relevant third-party rules, for example the rules of a Registry;  

we receive a complaint or are notified of a legal claim which relates to your use of the Services;  

you commit click-fraud;  

you do not comply with your commitments in paragraphs 11 or 21;  

you break the Agreement in any other significant way and you do not correct or fix the situation within 30 days (about 4 and a half weeks) of us asking you to; or  

you enter administration, insolvency, bankruptcy, or any similar procedure anywhere in the world or you are otherwise unable to pay your debts as they fall due.  

If we suspend the Services under paragraph 19D, the Services will remain suspended unless and until you have fixed the cause of the suspension to our satisfaction; or either we or you cancel the Services.  

If we suspend or cancel the Services under paragraph 19D, we will be entitled to refuse any or all future use by you of any or all the Services, or any part of them.  

20. Consequences of Cancellation  

Following the cancellation of any Services, you will no longer be able to access or use those Services and any account that you hold with us may be deactivated or deleted.  

We are not responsible for storing Your Data or Your Content following cancellation of the Services for any reason. You acknowledge that it is your responsibility to back up Your Data and Your Content if you want access to it following cancellation.  

We will not be liable to you for any loss you may suffer because of the termination of any Service.  

21. Ethical Standards  

You must, and must make sure that your officers, employees, agents, and service providers:  

at all times comply with all anti-corruption Laws applicable to you; and  

not, directly, or indirectly offer, promise, or give (or agree to offer, promise, or give) any financial or other advantage with respect to any matters which are the subject of the Agreement or obtain any benefit for us which would violate any anti-corruption laws applicable to you or us.  

If you become aware or suspect a breach of this paragraph 21, you must tell us right away. We may immediately suspend operation of the Agreement on written notice to you, pending investigation. You must assist us in any such investigation.  

If, in our reasonable opinion, you have breached this paragraph 21:  

we may immediately cancel the Agreement by giving you written notice; and  

you will reimburse us and Our Representatives in full for any damage, loss, liabilities, fees, and expenses that we or they suffer (including any claims brought against us or them by third parties) as a result.  

22. Contractual Authority  

You confirm that:  

you have the authority and are signing the Agreement  

in your individual capacity,  

as a representative of the business on whose behalf you are signing the Agreement, and  

as a representative of the business for whose benefit the Services are being purchased (if such business is different from the business on whose behalf you are signing the Agreement); and  

you are over eighteen (18) years of age.  

23. Other Important Terms  

Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.  

We may transfer our rights and promises under the Agreement to another organization. We will tell you if this happens.  

No person, other than you and us, will have any rights to enforce any of the terms of the Agreement.  

By execution of the Agreement, the signer of the Agreement personally and individually undertakes and assumes, jointly and severally with the business on whose behalf the individual is signing, the full performance of the Agreement including payment of amounts due under the Agreement.  

If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you.  

All references in the Agreement to “written” or "writing" will include email unless stated otherwise.  

The Agreement contains the whole agreement between you and us relating to the Services and supersedes all other oral or written communications, undertakings, and agreements, if any, between us relating to the Services. You acknowledge that you entered the Agreement without relying on any previous statement or promises made by us unless those statements or promises are expressly included in the Agreement.  

Our sales representatives have no authority to make any changes to the Agreement or to commit us in any manner whatsoever in contradiction to the provisions expressly set forth in the Agreement.  

We are not in any kind of partnership, contract of employment or joint venture with you. Nothing in the Agreement will be taken as authorizing you to act as our agent.  

The Agreement will be governed by, and interpreted in accordance with, the laws of the state in which the business on whose behalf you are signing the Agreement maintains its principal place of business (without reference to its conflicts of laws principles).  

IN ANY LEGAL PROCEEDINGS RELATED TO THE AGREEMENT, YOU AND WE AGREE TO WAIVE ANY RIGHTS WE MAY HAVE TO PARTICIPATE IN ANY CLASS, GROUP OR REPRESENTATIVE PROCEEDING, AND FURTHER AGREE TO WAIVE ANY RIGHT WE MAY HAVE TO A TRIAL BY JURY.

GMB Disclosure Notice

Productive I.T. Marketing Agency is a Registered GMB Organization 

For more information, we encourage our clients to refer to Google’s disclosure notice titled “Working with a third party.”

Managing GMB

As part of our comprehensive online marketing services, Productive I.T. Marketing Agency serves as a “Third party” for our “End Clients” in order to manage their business information on Google My Business (GMB).

• Google defines a “Third party” as “an authorized agency that manages business information on Google My Business for a business they don’t own.”
• Google defines “End Clients” as “businesses who enter into a contractual agreement with a third party to manage their business information on Google My Business.”

Authorized Agency

As an authorized agency, and in accordance with Google My Business policies, Productive T.T. pledges the following:

• To act in a fair, honest and transparent manner regarding management of GMB information
• Ensure that the end client understands what Google My Business is and where Google My Business data is used
• Inform the end client about how Productive I.T. will manage the Google My Business listing
• Comply with any related Google My Business policies

Contract Type 

Minimum Term (See Term, below).  

Payment Method 

Monthly recurring basis unless a different payment method is set forth in your Order.   

We may, if you purchase this Service, require you to pay a deposit when you submit your Order. This deposit will be applied on the first statement we issue you to the monthly recurring fee amount for this Service. If you wish to cancel this Service before the Service goes live then we will refund the deposit amount to you.  

You will be charged a non-refundable setup fee of $150 for your Productive I.T. Social Package as set forth in your Confirmation of Order. The setup fee for your Productive I.T. Social Package will be waived if  

you purchase Productive I.T. Social as part of a Package and 

you pay the Monthly Budget for that Solution for each month during the Minimum Term of that Solution.   

Upgrades/Downgrades 

You may upgrade this Service to a higher Package at any time, or downgrade this Service to a lower Package at any time after the end of the Minimum Term, by contacting Customer Service.  We will try to fulfill any upgrades as soon as possible but any downgrades will take effect starting with the next Service Month if we received your request for a downgrade at least 15 days (about 2 weeks) before the end of the current Service Month. If we do not receive your request for a downgrade at least 15 days before the end of the current Service Month, your existing Service will continue for an additional Service Month and the downgrade will take effect after the end of that Service Month.   

Refunds/Credit 

Unless paragraph 19C of the General Terms applies, you are not entitled to any refund or credit on cancellation of this Service.  

Term:  

The Minimum Term for Productive I.T. Social is 1 month.  

After the Minimum Term, the term will automatically renew on a month-to-month basis.  

The Minimum Term for each Productive I.T. Social Service that you purchase starts on the date that you receive Confirmation of Order for such Service goes live.  

Cancellation:  

You may cancel this Service effective on or after the end of the Minimum Term by telephoning us at 334-356-3561 at any time Monday through Friday (except national holidays) between 9:00 a.m. and 5:00 p.m. Central Time. We must receive your request to cancel this Service:  

at least 15 days (about 2 weeks) before the end of the Minimum Term; or  

at least 15 days (about 2 weeks) before the end of the current Service Month (if the Minimum Term has ended). If we do not receive your request to cancel within the periods above, this Service will carry on for an additional Service Month and will not be cancelled until the end of that Service Month.  

Social Features and Restrictions:  

We will provide the following Services to you:  

creating and managing social pages (the “Social Service”) on social media; and/or 

creating and managing an ad campaign (“Ad Campaign”) on social media. For purposes of these terms and conditions, each Productive I.T. Social Service purchased by you is a separate Productive I.T. Social Package.  

You must give us permissions to run Facebook advertising as part of the Ad Campaign portion of this Service. If you purchase Productive I.T. Account Set-Up with Productive I.T. Social or we otherwise set up the account for you, the permissions will be set up on your Facebook account as part of the account creation process.  

If you do not attend the initial planning call or provide permissions to run Facebook advertising, we will be unable to customize your Ad Campaign to run Facebook Newsfeed ads. In such event, your Service may be cancelled.  

If you select Lead Generation as your ad objective you will be required to accept Facebook’s Terms of Service for this ad objective. If you do not accept these Terms of Service by the time your Ad Campaign is ready to be published, your Ad Campaign will run with Reach as your ad objective and ad impressions will be delivered for your business. You will also be required to host a privacy policy on your website and provide a URL for such privacy policy to be placed in your Ad Campaign. If you do not have a privacy policy on your website, you agree to use the URL for our general privacy policy, which can be found here https://productiveit.com/legal/privacy-policy.  

You acknowledge that parts of this Service features may rely on third parties and that  

we do not have any control or exercise any influence over such third party’s services; and 

a third party’s service may stop or change from time to time.   

How you may not use Productive I.T. Social:  

 In addition to the commitments listed in paragraph 11(r) of the General Terms, you will not include adult or suggestive material in your Productive I.T. Social Campaigns or use the Productive I.T. Social Service to advertise and promote: 

gambling or gambling-related products and services; 

prescription, non-prescription drugs, or uncertified pharmacies; 

multi-level marketing or pyramid schemes; 

firearms, weapons (including martial arts weapons) and related accessories;  

products that infringe the Intellectual Property Rights of third parties; (vi) get-rich schemes or similar money making opportunities; (vii) employment or income opportunities that require payment; and the use of alcohol or tobacco including eCigarettes.  

We may cancel or suspend any or all this Service immediately and without telling you beforehand if you do not comply with your commitment in the preceding paragraph or your commitments in paragraph 11(r) of the General Terms.  

Intellectual Property Rights:  

 We may use content from a third-party provider in connection with this Service. The use of such content will be subject to all restrictions and obligations imposed by the third-party provider of such content.  

 You are responsible for:  

ensuring that the banners contained in an Ad Campaign comply with all Laws applicable to you and your business;  

Ensuring that the banners in an Ad Campaign comply with all specifications, guidelines, procedures, deadlines, format, and technical requirements that we may establish. You acknowledge that if you do not comply with this paragraph, the publication of the Ad Campaign or performance of the Social Service may be delayed or refused and you agree that we will not be liable for any delay or refusal because of this. We may, in our sole discretion, temporarily and/or permanently suspend an Ad Campaign (or parts of an Ad Campaign) without telling you beforehand if we believe that you have not complied with this paragraph;  

the protection of all Intellectual Property Rights in any of Your Content that appears in an Ad Campaign;  

conducting any copyright and trademark searches and other similar activities which may be necessary in relation to any Domain Name contained in Your Content (including Domain Names that we may register for you or on your behalf; and  

including appropriate copyright or trademark notices with Your Content.  

You agree that we have the right to review, select from or among, revise or reject any of Your Content for any reason including unsatisfactory technical quality, inconsistency with any of our Productive I.T. Social policies or if you do not comply with the Agreement.   

Our liability to you:  

In addition to paragraph 20(f) of the General Terms, we do not promise or guarantee (expressly or impliedly)  

the actual number of impressions, clicks or the number of people that will view an item of an Ad Campaign or your social page(s);  

the particular level of exposure or any particular result from an Ad Campaign or the Social Service;  

the success or results of any Ad Campaign or the Social Service; or  

which website within our network of websites your Ad Campaign will run.  

We are not responsible for any promises or guarantees regarding the positioning or the levels or timings of  

costs per click;  

click through rates;  

delivery of any impressions on any network sites; 

clicks; conversions for any ads; or  

costs per call.   

Rights granted by you to us:  

In addition to the rights granted in Paragraph 17 (a) of the General Terms, you grant to us a worldwide, non-exclusive, and permanent right to license to third parties the right to use, copy, record, modify, display, publish, perform, and distribute the Ad Campaign.  

You grant us permission to mirror any websites that are owned or operated by you (“Websites”) and/or create websites on your behalf. You acknowledge that changes to any Websites can cause problems to our tracking technologies and you agree to contact us in advance of any changes to your Website(s), Website content or Website URL.  

By purchasing this Service you grant us permission to scrape and use any of Your Content displayed on any website or web-based social media page you own, operate, or manage in the provision of the this Service to you. Paragraph 17(b) of the General Terms applies in respect of our use of Your Content.  

1. Contract Type 

Minimum Term (See Term, below).  

2. Payment Method:  

Monthly recurring basis unless a different Payment Method is specified in your Order.  

We may, if you purchase this Service, require you to pay a deposit when you submit your Order. This deposit will be applied on the first statement we issue you for the monthly recurring fee amount in respect of this Service. If you wish to cancel this Service before the Service goes live, then we will refund the deposit amount to you.  

3. Upgrades/Downgrades 

You may upgrade this Service at any time, or downgrade this Service at any time after the end of the Minimum Term, by contacting Customer Service. If you wish to upgrade or downgrade this Service, you will need to cancel this Service and place a new Order for the Service you want. We will then issue a new Confirmation of Order to you.  

4. Refunds/Credit:  

You are not entitled to any refund or credit on cancellation of this Service unless: (i) paragraph 21(b) or (c) of the General Terms applies.  

5. Term:  

The Minimum Term of this Service is 12 months, starting on the date that is 30 days (about 4 and a half weeks) following the date your consultation with a Productive I.T. Digital Services Consultant is completed (the “First Billing Date”).  After the Minimum Term, the term will automatically renew on a month-to-month basis.  

6. Cancellation:  

You may cancel your Productive I.T. Smart Site effective on or after the end of the Minimum Term by telephoning us at 855-508-6873 at any time Monday through Friday (except national holidays) between 7:00 a.m. and 6:00 p.m. Central Time.  We must receive your request to cancel your Productive I.T. Smart Site: (i) at least 15 days (about 2 weeks) before the end of the Minimum Term; or (ii) at least 15 days before the end of the current Service Month (if the Minimum Term has ended). If we do not receive your request to cancel within the periods above, your Productive I.T. Smart Site Service will continue for an additional Service Month and will not be cancelled until the end of that Service Month.  

7. Productive I.T. Smart Site Design Features and Restrictions:          

The Design fee for your Productive I.T. Smart Site will be paid as a one-time payment.    

As used in this paragraph 7, “Amendment” means a request for small changes to your website, which may include but are not limited to content changes (i.e., word changes, changing font and font color), simple menu change and changing colors.  

We agree to build a website for your approval. If you purchased a Productive I.T. Smart Site -Standard, we will design up to ten (10) pages. If you purchased a Productive I.T. Smart Site - Pro, we will design up to fifteen (15) pages. You may purchase an additional five (5) pages as an add-on to the Productive I.T. Smart Site – Pro.   

We will only start building your website once you have provided us with Your Content, Your Data and any other materials and information we request from you to provide this Service. Any Amendments that you have requested to your website will be available for you to review once we have sent you an amends confirmation email.  

You agree that we may modify how your chosen website template “looks and feels” or is formatted if we think this is necessary or appropriate for us to provide this Service.  

This Service includes a consultation call with a Productive I.T. Consultant. If we are unable to complete the consultation and do not receive Your Content necessary to design your website, we may cancel your Order. Once the website is completed, we will send you a link to your website so that you can review it.  At this stage, your website will be held under a preview web address. You will then have five (5) working days to respond via telephone or email with your feedback and any Amendments required. Your website will be set live on the earliest of the following to occur:  

we incorporate your requested Amendments;  

we receive your confirmation that the website is acceptable; or  

if we receive no response from you prior to the end of the five (5) working day response period referred to above, the expiration of such period. If you are providing your own Domain Name and have not repointed your domain as required prior to the end of the five (5) working day response period, your site will remain on the preview web address.  In all cases, the Start Date will occur and we will begin charging Fees on the date that is 30 days (about 4 and a half weeks) after the completion of your consultation call.  

We may not be able to perform this Services if Your Content, Your Data or any other materials and information you provide to us do not meet the requirements of paragraph 11(q) of the General Terms and you will not be entitled to any refund or credit detailed in the Refund/Credit section above in these circumstances.  

8. Domains:  

The terms of this paragraph 8 apply only if we provide you with a Domain Name. If you provide your own Domain Name or obtain a Domain Name other than from us or Our Representatives, you are responsible for procuring, maintaining, and paying all fees for your Domain Name and you will not have access to the email account/mailbox features of this Service.  

 The Domain Name we provide for your website will be registered to us.  Please notify us if you wish to transfer the Domain Name to your name, and we will assist you with that process.  You will need to provide any information required by us, the applicable Registry and/or ICANN in order to complete such transfer.  

9. Photography:  

If you choose to include custom photography as part of an Order for a Productive I.T. Smart Site, we will complete a photography session on-site (“Photography”).  We will only schedule a photography session once you have provided us with Your Content, Your Data and any other materials and information that we request from you to do so.( 

Once we have completed your session, your photography will be made available for you to review. Please note that we may set your photos live if, after a reasonable time, we do not receive approval from you to set the photography live.  

You may make amendments to your photography from time to time which are reasonable in scope and number. Any amendments to your photography that you have requested will be available for you to review as provided in an amendment confirmation email we will send to you.  

On cancellation of this Service, the finished photos will continue to be owned by us, and we may use all or any portion of your photos in our business and marketing materials.  

10. Videos:  

If you choose to include a video as part of an Order for a Productive I.T. Smart Site, we will build you a 30-second Video (“Video”). We will only start building your Video once you have provided us with Your Content, Your Data and any other materials and information that we request from you to do so, or schedule a time and place to gather content in a videography session. 

Once we have built your Video, your Video will be made available for you to review. Please note that we may set your Video live if, after a reasonable time, we do not receive approval from you to set the video live.  

You may make amendments to your Video sometimes which are reasonable in scope and number. Any amendments to your Video that you have requested will be available for you to review as provided in an amendment confirmation email we will send to you.  

On cancellation of this Service, the finished Video will continue to be owned by us, and we may use all or any portion of your Video in our business and marketing materials.  

This Social Media Agreement “Agreement” is made effective [DATE] by and between Productive I.T. LLC (“Company”) and [Client] (“Client”), (collectively, the “Parties”). 

Therefore, the Parties agree as follows: 

1. DESCRIPTION OF SERVICES. 

The Company will provide the following services for the Client: social media posts - planning & posting, social media post content production, and social media account monitoring/management (collectively, the “Services”). The Company will be granted permission and admin access to all the client's business accounts by the Client. The Company can also post and edit content on the accounts per the Clients request. These accounts will still belong to the Client. 

2. PERFORMANCE OF SERVICES. 

A. Company shall implement plans and strategies that help Client market its brand, its services, and its merchandise using primarily (check all that apply below) 

Facebook 

Instagram 

Google My Business 

LinkedIn 

Twitter 

YouTube 

Pinterest 

Tik Tok 

Other 

B. Company shall design approaches specific to the Client’s needs (hashtag research and implementation, strategic liking, posting, and reposting). 

D. Company shall take steps to organize production of original content. All rights of images belong to Client. 

E. Company shall keep content positive and shall work to maintain the positive public’s perception of Client. The Company will design based on a pre-established brand identity provided by the Client. If the Client does not have a pre-established brand identity The Company will make one with permission from the Client. 

F. The way the Services are to be performed and the specific hours to be worked by the Company shall be determined by the Company. Client will rely on Company to work as many hours as may be necessary to fulfill Company’s obligations under this Agreement. The Company commits to a minimum of [Amount] posts? hours? monthly from its team (Graphic Designers, Social Media Managers, Advertisers, etc.). 

G. Once-a-Quarter Conference calls for updates, check-in, and strategy re-alignment 

H. Monthly Data analysis and reports 

I. Creative graphic design, video & and copy for growth and alternative strategies, constant iteration, audience tweaks, and optimization of ads for growth and better ROI. 

J. [Amount] social postings/month across social platforms 

3. PAYMENT. The Client will pay a fee to the Company for the Services based on [pricing] per month for the months the Company is engaged to perform Social Media Services for the Client The [pricing] fee shall be payable monthly, no later than thirty (30) days after the invoice was received. 

4. TERM/TERMINATION. The term of this Agreement is month-to-month. The Agreement may be terminated without cause by either party upon a 30-day written notice. If this Agreement is terminated prior to the end of any 30-day period, Client agrees to pay all obligations then due and payable, including the monthly fee in full for any partial monthly serviced, made by Company on Client’s behalf within 10 business days of receiving Company’s final invoice. No rights or liabilities shall arise in the relationship to unfinished work, regardless of any plans that may have been made for future services. Once termination is requested by the Client the Company relinquishes all admin access to the client. The Company will no longer have access to the Clients' accounts. 

5. COOPERATION. The Company shall use the Company's best efforts in the performance of the Company's obligations under this Agreement. The Client shall provide access to its information and property as may be required to permit the Company to fulfil its obligations hereunder. The Company shall cooperate with the Client’s personnel, shall not interfere with the conduct of the Client’s business, and shall observe all rules, regulations, and security requirements of the Client concerning the safety of persons and property. 

6. PROPRIETARY INFORMATION AND INVENTIONS. 

a. PROPRIATARY INFORMATION. 

1. The Company acknowledges that the Company’s relationship with the Client is one of high trust and confidence and that during the Company's service to the Client, the Company will have access to and contact with Proprietary Information. The Company will not disclose any Proprietary Information to any person or entity other than employees of the Client or use the same for any purposes (other than in the performance of the services) without written approval by an officer of the Client, either during or after the Consultation Period, unless and until such Proprietary Information has become public knowledge without fault by the Company. The Client also understands and agrees that all content created by the Company for the Client cannot be reused during their relationship or after termination. 

2. For purposes of this Agreement, Proprietary Information shall mean, by way of illustration and not limitation, all information, whether or not in writing, whether or not patentable and whether or not copyrightable, of a private, secret or confidential nature, owned, possessed or used by the Client, concerning the Client’s business, business relationships or financial affairs, including, without limitation, any Invention, formula, vendor information, customer information, apparatus, equipment, trade secret, process, research, report, technical or research data, clinical data, know-how, computer program, software, software documentation, hardware design, technology, product, processes, methods, techniques, formulas, compounds, projects, developments, marketing or business plan, forecast, unpublished financial statement, budget, license, price, cost, customer, supplier or personnel information or employee list that is communicated to, learned of, developed or otherwise acquired by the Company in the course of Company's service as a Company to the Client. 

3. The Company’s obligations under this Section 6 shall not apply to any information that  

(i) is or becomes known to the public under circumstances involving no breach by the Company or others of the terms of this Section 6,  

(ii) is disclosed to third parties by the Client without restriction on such third parties, or  

(iii) is approved for release by written authorization of an officer of the Client. 

4. The Company agrees that all files, documents, letters, memoranda, reports, records, data sketches, drawings, program listings, and other written, photographic, or other tangible material containing Proprietary Information, whether created by the Company or others, which shall come into Company's custody or possession, shall be and are the exclusive property of the Client to be used by the Company, created by the Company or obtained by the Client, only in the performance of Company's duties for the Client and shall not be copied or removed from the Client’s premises except in the pursuit of the business of the Client. All such materials or copies thereof and all tangible property of the Client in the custody or possession of the Company shall be delivered to the Client, upon the earlier of (i) a request by the Client or (ii) the termination of this Agreement. After such delivery, the Company shall not retain any such materials or copies thereof or any such tangible property. 

5. The Company agrees that the Company’s obligation not to disclose or to use information and materials of the types set forth in paragraphs (2) and (4) above, and the Company's obligation to return materials and tangible property set forth in paragraph (4) above extends to such types of information, materials and tangible property of customers of the Client or suppliers to the Client or other third parties who may have disclosed or entrusted the same to the Client or to the Company. 

6. The Company acknowledges that the Client from time to time may have agreements with other persons or with the United States Government, or agencies thereof, that impose obligations or restrictions on the Client regarding inventions made during work under such agreements or regarding the confidential nature of such work. The Company agrees to be bound by all such obligations and restrictions that are known to the Company and to take all action necessary to discharge the obligations of the Client under such agreements. 

b. INVENTIONS. 

1. All inventions, ideas, creations, discoveries, computer programs, works of authorship, data, developments, technology, designs, innovations, and improvements (whether or not patentable and whether or not copyrightable) which are made, conceived, reduced to practice, created, written, designed or developed by the Company, solely or jointly with others or under Company's direction and whether during normal business hours or otherwise, after hour requests will not be tended to by thew Company till the next business day. 

(i) During the Consultation Period if related to the business of the Client or  

(ii) after the Consultation Period if resulting or directly derived from Proprietary Information (as defined below) (collectively under clauses (i) and (ii), "Inventions"), shall be the sole property of the Client. 

The Company hereby assigns to the Client all Inventions and any and all related patents, copyrights, trademarks, trade names, and other industrial and intellectual property rights and applications therefore, in the United States and elsewhere and appoints any officer of the Client as Company's duly authorized attorney to execute, file, prosecute and protect the same before any government agency, court or authority. However, this paragraph shall not apply to Inventions that do not relate to the business or research and development conducted or planned to be conducted by the Client at the time such Invention is created, made, conceived, or reduced to practice and which are made and conceived by the Company not during normal working hours, not on the Client’s premises and not using the Client’s tools, devices, equipment or Proprietary Information. The Company further acknowledges that each original work of authorship that is made by the Company (solely or jointly with others) within the scope of the Agreement and which is protectable by copyright is a "work made for hire," as that term is defined in the United States Copyright Act. 

2. Upon the request of the Client and at the Client’s expense, the Company shall execute such further assignments, documents and other instruments as may be necessary or desirable to fully and completely assign all Inventions to the Client and to assist the Client in applying for, obtaining and enforcing patents or copyrights or other rights in the United States and in any foreign country with respect to any Invention. The Company also hereby waives all claims to moral rights in any Inventions. 

3. The Company shall promptly disclose to the Client all Inventions and will maintain adequate and current written records (in the form of notes, sketches, drawings, and as may be specified by the Client) to document the conception and/or first actual reduction to practice of any Invention. Such written records shall be available to and remain the sole property of the Client. 

4. Notwithstanding the foregoing in Section 6(b), the ownership and use of the inventions that are assigned to the Client in Section 6(b)(i) (the "Assigned Inventions") shall be limited as set forth in Exhibit B.  

7. LIMITATION OF LIABILITY. Notwithstanding anything to the contrary contained elsewhere herein, neither party shall be liable to the other for any consequential, special, incidental, indirect or punitive damages of any kind or character, including, but not limited to, loss of use, loss of profit, loss of anticipated profit, loss of bargain, loss of revenue or loss of product or production, however arising under this contract or as a result of, relating to or in connection with the service and the parties’ performance of the obligations hereunder, and no such claim shall be made by any party against the other regardless of whether such claim is based or claimed to be based on negligence (including sole, joint, active, passive, or concurrent negligence, but excluding gross negligence), fault, breach of warranty, breach of agreement, breach of contract, statute, strict liability or any other theory of liability.  

8. INDEMIFICATION. The Company shall be solely liable for and shall indemnify, defend, and hold harmless the Client and its successors and assigns from any claims, suits, judgments, or causes of action initiated by any third party against the Client where such actions result from or arise out of the services performed by the Company or its Employees under this Agreement. The Company shall further be solely liable for and shall indemnify, defend, and hold harmless the Client and its successors and assigns from and against any claim or liability of any kind (including penalties, fees, or charges) resulting from the Company’s or its Employees’ failure to pay the taxes, penalties, and payments referenced in Section 9 of this Agreement. The Company shall further indemnify, defend and hold harmless the Client and its successors and assigns from and against any and all loss or damage resulting from any misrepresentation, or any non-fulfillment of any representation, responsibility, covenant, or agreement on its part, as well as any and all acts, suits, proceedings, demands, assessments, penalties, judgments of or against the Client relating to or arising out of the activities of the Company or its Employees and the Company shall pay reasonable attorneys’ fees, costs and expenses incident thereto  

9. RELATIONSHIP OF PARTIES. It is understood by the Parties that the Company is an independent contractor with respect to the Client and not an employee of the Client. The Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Company. 

10. EMPLOYEES. Company’s employees, if any, who perform services for Client under this Agreement shall also be bound by the provisions of this Agreement. 

11. CONFIDENTIALITY. The company agrees not to disseminate or use for its own purpose or for any other Company clients, either during or after the termination of the contract, any Client content or confidential information imparted by Client. The Company agrees to use reasonable controls to restrict the dissemination of such information. The Company understands that all information Client provides shall be considered sensitive and confidential unless expressly declared otherwise. Client will protect the Information and treat it as strictly confidential; other proprietary information which are valuable, special, and unique assets of Client and need to be protected from improper disclosure. 

12. CONFIDENTIALITY AFTER TERMINATION. The confidentiality provisions of this Agreement shall remain in full force after its termination. Passwords and any such information shall be passed over immediately to the Client if they change or if this agreement is canceled. All social media accounts including logins and passwords will be the sole property of the Client. The Company will lose all access to the Clients' information after termination. 

13. NOTICES. All notices required under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail postage prepaid. 

14. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the Parties and there are no other promises or conditions in any other agreement whether oral or written. This agreement supersedes any prior written or oral agreements between the Parties. 

15. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is signed by both Parties. 

16. SEVERABILITY. If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provisions of this Agreement are invalid or unenforceable, but that by limiting such provisions it would become valid and enforceable. then such provisions shall be deemed to be written, construed, and enforced as so limited. 

17. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provisions of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement. 

18. GOVERNING LAW; SUBMISSION TO JURISDICTION; WAIVER OF JURY TRIAL. THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE CONTROLLED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. ANY JUDICIAL PROCEEDING BROUGHT WITH RESPECT TO THIS AGREEMENT MUST BE BROUGHT IN THE MIAMI-DADE COUNTY DISTRICT OF FLORIDA OR ANY COURT OF COMPETENT JURISDICTION IN THE STATE OF FLORIDA LOCATED IN THE CITY OF MIAMI, AND, EACH PARTY: (I) ACCEPTS UNCONDITIONALLY, THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND ANY RELATED APPELLATE COURT, AND AGREES TO BE BOUND BY ANY FINAL, NON-APPEALABLE JUDGMENT RENDERED THEREBY IN CONNECTION WITH THIS AGREEMENT; (II) IRREVOCABLY WAIVES ANY OBJECTION IT MAY NOW OR HEREAFTER HAVE AS TO THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN SUCH A COURT OR THAT SUCH COURT IS AN INCONVENIENT FORUM PROVIDED, HOWEVER, THAT SUCH CONSENT TO JURISDICTION IS SOLELY FOR THE PURPOSE REFERRED TO IN THIS SECTION AND SHALL NOT BE DEEMED TO BE A GENERAL SUBMISSION TO THE JURISDICTION OF SAID COURTS OR THE STATE OF FLORIDA OTHER THAN FOR SUCH PURPOSE; AND (III) AGREES THAT PROCESS IN ANY SUCH ACTION, IN ADDITION TO ANY OTHER METHOD PERMITTED BY LAW, MAY BE SERVED UPON IT BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED, ADDRESSED TO SUCH PARTY AT THE ADDRESS DESIGNATED BY SUCH PARTY HEREIN, AND SUCH SERVICE SHALL BE DEEMED EFFECTIVE AS IF PERSONAL SERVICE HAD BEEN MADE UPON IT WITHIN MIAMI_DADE COUNTY. THE PARTIES HEREBY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER ARISING OUT OF, RELATED TO OR IN CONNECTION WITH THIS AGREEMENT. EACH PARTY HEREBY WAIVES TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY ANY OF THEM AGAINST THE OTHER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, OR ANY OTHER AGREEMENTS EXECUTED IN CONNECTION HEREWITH OR THE ADMINISTRATION THEREOF, OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREIN. 

19. General. 

a. Survival. Sections 4 through 19 shall survive the expiration or termination of this Agreement. 

b. non-solicitation. During the Service Period and for a period of [six (6) months] thereafter, the Company shall not, either alone or in association with others, (a) solicit, or permit any organization directly or indirectly controlled by the Company to solicit, any employee of the Client to leave the employment of the Client, or (b) solicit or permit any organization directly or indirectly controlled by the Company to solicit any person whom the Client engages. 

c. Use of Subcontractors. The Company may use trusted contractors to complete components of the Company’s obligations hereunder, provided that the Company shall remain solely responsible for such contractors’ performance, that the Client shall have no obligation to such contractors and the use of such contractors shall not cause any increase in fees, costs or expenses that would otherwise be payable hereunder. 

d. Entire Agreement. This Agreement (including the documents referred to herein) constitutes the entire agreement between the Client and the Company and supersedes any prior understandings, agreements, or representations by the parties, whether written or oral, with respect to the subject matter hereof. 

e. Assignment. Neither party may assign or transfer this Agreement in whole or in part, nor any of the rights hereunder, without prior written consent of the other party. 

f. Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed effective upon personal delivery or upon deposit in the United States Post Office, by registered or certified mail, postage prepaid, addressed to the other party at the address shown above, or at such other address or addresses as either party shall designate to the other in accordance with this Section 13. 

g. Amendments. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by each party. 

h. Severability. Any term or provision of this Agreement that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction. If the final judgment of a court of competent jurisdiction declares that any term or provision hereof is invalid or unenforceable, the Company and the Client agree that the court making the determination of invalidity or unenforceability shall have the power to limit the term or provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified. 

i. Force Majeure. Neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, fire, embargo, riot, sabotage, or failure of third party power or telecommunications networks, provided that the delayed party: (a) gives the other party prompt notice of such cause and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. 

j. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of (other than any principle of conflict or choice of laws that would cause the application of the laws of any other jurisdiction). 

k. Arbitration. Any unresolved controversy or claim arising out of or relating to this Agreement, except as (i) otherwise provided in this Agreement, or (ii) any such controversies or claims arising out of either party’s intellectual property rights for which a provisional remedy or equitable relief is sought, shall be submitted to arbitration by one arbitrator mutually agreed upon by the parties, and if no agreement can be reached within thirty (30) days after names of potential arbitrators have been proposed by the American Arbitration Association (the “AAA”), then by one arbitrator having reasonable experience in corporate finance transactions of the type provided for in this Agreement and who is chosen by the AAA. The arbitration shall take place in accordance with the AAA rules then in effect, and judgment upon any award rendered in such arbitration will be binding and may be entered in any court having authority thereof. The prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled. 

l. Counterpart. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument.  

PLEASE READ THE FOLLOWING CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION.BY USING OUR WEBSITE YOU AGREE TO BE BOUND BY THESE CONDITIONS. 

Some Useful Definitions 

In these Conditions: 

"Affiliate" 

in relation to any company, means any company it controls or is controlled by or with which it is under common control. 

"Comments" 

means comments, suggestions, ideas, concepts, know-how, techniques, or materials (including without limitation original or creative materials and Content). 

"Content" 

means any and all textual and graphical content including, without limitation, text, code, graphics, images, logos, photographs, sounds, music, video, animation, characterization, URL, trademarks, data, media and other content in any form. 

"IP" 

means (a) all copyrights, patents, rights in trademarks, design rights, database rights, rights in know-how, trade secrets, service marks, domain names, rights in confidential information (whether registered or unregistered); (b) applications for registration, and the right to apply for registration, renewal, extension, division or reissue, for any of these rights; and (c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world. 

"Laws" 

means laws, regulations, rules, orders, codes of practice or other requirements of any governmental authority or regulatory body of competent jurisdiction from time to time. 

"Malware" 

means any software designed to infiltrate, interfere with, intercept, expropriate or damage a computer system, data or personal information, without the owner’s informed consent, including, but not limited to, “trojans”, “worms”, “logic bombs” and “cancelbots” as the same may be generally understood within the computing industry from time to time and any other malicious and unwanted software. 

"Our Data" 

means any and all data or other information generated by or in connection with Our Website, or your use of Our Website, or acquired by you or your Affiliates from us or our Affiliates. 

"Our Policies" 

means all standards, policies, practices, specifications, technical requirements, schedules, terms, conditions, guidelines, rules and other information on Our Website or such other website as may be notified to you from time to time, and as such documents may be amended from time to time by us in our sole discretion. 

"Our Property" 

means any and all:  

software, code, scripts, functionality, hardware, technology and documentation developed by or on behalf of us at any time, or provided by us as part of, or in connection with this Website; 

interfaces, protocols, databases, data formats, structured XML formats, grammars, glossaries, libraries, specifications and other similar materials developed by or on behalf of us at any time, or provided by us as part of, or in connection with this Website; 

our trademarks, service marks, logos, insignia, domain names, trade names, trade dress (including any “look and feel”) whether now known or created in the future; 

Our Content; 

Our Website; 

ideas, processes, procedures, systems, methods of operation, concepts, principles and discoveries of any kind made or developed at any time; and 

Our Data. 

"Our Website" 

means the website with the top level domain of productiveit.com, and any replacement or successor website in place from time to time. 

"us," "we" and "our" 

refers to Productive I.T. LLC, an Alabama Company with its principal place of business at 3578 Quad Parkway Montgomery, AL 36116, our successors and assigns. 

"Your Account" 

means your registered account set up for you to allow you to, among other things, purchase our (or our Affiliates) products and services, to manage orders placed by you through Our Website and to set up and manage your profile within the social community accessible through Our Website. 

"Your Country" 

means: 

The United States of America, if you use Our USA Site 

Introduction 

If you do not agree with any part of these Conditions, do not visit or use Our Website. If you use any part of Our Website you agree to these Conditions. If you do not want to agree to these Conditions, do not use Our Website. 

Changes to these Conditions 

We reserve the right, in our sole discretion, to modify, alter or otherwise update these Conditions or any of Our Policies at any time for any reason, and by visiting or using Our Website after the posting of a modification, you accept the modification. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. 

Your Privacy 

Our Privacy Policy sets out how we use the personal data of people who use Our Website. By using Our Website, you agree to the way in which we process your personal data in the manner set out in these Conditions and our Privacy Policy. 

Registration Information 

If you elect to register on Our Website, you must provide your real name, address, phone number, and email address. You must ensure that all registration information you give us is complete, accurate and truthful and that you keep such information up to date at all times. We reserve the right to reject any registration and to refuse service to anyone for any reason, in our sole and absolute discretion. We reserve the right to terminate Your Account immediately and without notice to you at any time and for any reason, including, without limitation, if you provide false or incorrect information when you register or if you don’t keep your information up to date. 

Passwords 

Shortly after you have accepted and agreed to these Conditions, the password that you create will be activated to enable you to access the password-protected portions of Our Website. You must not share your password with anyone else. It is your responsibility to remember and protect your password and you must not disclose it to any other person. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and one that is not typically found in a dictionary. You shall not access or use Our Website by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to Our Website. You may never use someone else’s account, username or password without permission. You are responsible for maintaining the confidentiality of your password and Your Account, and you shall be fully responsible for all activities that occur under your password or Your Account. You agree to notify us immediately if you discover any unauthorized use of your password or Your Account or any other breach of security. 

Our IP 

You acknowledge that we, our Affiliates or licensors, own all IP in Our Property. We legally own a wide range of intellectual property rights used in and relating to Our Website, including (without limitation): (a) the trademark “Productive” and related logos; (b) the design, text, graphics, articles, blogs and other Content of the web pages on Our Website (excluding any Content or Comments you provide to us as referenced in Section 10 below), together with all the web addresses associated with those web pages, other than those which we use under license; and (c) in all the software used in relation to Our Website, other than that which we use under license. 

All IP in Content, data or other materials provided by us, shall be owned by us, our Affiliates or licensors. We hereby grant you a non-exclusive, non-transferable, personal and limited license to access and use Our Website. Subject to Our Policies, you may link to the home page of Our Website. However, you must not use our trademarks, service marks, trade names, logos, trade dress, meta-tags or other hidden text without our express written permission (which may be granted or withheld in our absolute discretion). 

Prohibited Actions 

You acknowledge that we, our Affiliates or licensors, own all IP in Our Property. We legally own a wide range of intellectual property rights used in and relating to Our Website, including (without limitation): (a) the trademark “Productive I.T.” and related logos; (b) the design, text, graphics, articles, blogs and other Content of the web pages on Our Website (excluding any Content or Comments you provide to us as referenced in Section 10 below), together with all the web addresses associated with those web pages, other than those which we use under license; and (c) in all the software used in relation to Our Website, other than that which we use under license. 

We have the right to investigate your online activities for 'click-fraud' or any similar activity, and you agree to provide reasonable help with these matters. Except as expressly provided herein, we reserve all rights with respect to Our Website, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations. 

You must not use Our Website: (a) for any unlawful purpose; (b) to harm, threaten, abuse or harass another person, or in a way that invades someone's privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us or our Affiliates; (c) to create, check, confirm, update or amend your own or someone else's databases, records, directories, customer lists, mailing or prospecting lists; (d) to provide any kind of commercial information service; (e) as a source of material or contact data for any kind of marketing activity; (f) to tamper with, update or change any part of Our Website; (g) in a way that affects how Our Website is run; (h) in a way that imposes an unreasonable or disproportionably large burden on our communications and technical systems as determined by us; or (i) using any automated means, to monitor or copy Our Website or its Content, or to interfere with or attempt to interfere with how Our Website works. 

You must not systematically extract and/or re-use any or all of Our Website or its Content without our express written permission (which may be granted or withheld in our absolute discretion). In particular (and without limiting the generality of the foregoing), you may not use any data mining, robots, or similar data gathering and extraction tools to extract for re-use (whether once or many times) all or a substantial part of Our Website. 

Content and Comments you provide to us 

If you provide or post any Content or Comments to Our Website (for example, by commenting on a blog, posting a review or uploading any other Content including a video), such Content and Comments shall be deemed to be non-confidential and you agree to grant us permission, irrevocably and free of charge, to use your Content and Comments in any way we want on any site or otherwise (including altering and adapting it for operational or editorial reasons) in any media worldwide, which may include syndicating the material to selected third party social media and networking sites. Subject to the conditions described in the Privacy Policy, we shall have no obligation of any kind with respect to such Content and Comments and shall be free to use, copy, modify and/or distribute the Content and Comments to others without limitation for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to developing and marketing products incorporating such Content or Comments. We do not edit, pre-vet or review any Content or Comments displayed on Our Website. We operate a notice and take down procedure regarding such Content and Comments. If you believe that any Content or Comment does not comply with the requirements set out in these Conditions or Our Policies, please notify us immediately. We will then review the Content or Comments and, where we deem it appropriate, remove the Content or Comments within a reasonable time. 

After posting or emailing your Content or Comments to Our Website, you continue to own that material, and you continue to have the right to use your Content and Comments in any way you choose. 

Please choose carefully any Content and Comments you post on Our Website, as it will be available for public viewing. By providing any Content or Comments to Our Website, and for us to be able to use it, you confirm you and the Content and Comments comply with all obligations set out in these Conditions, and in particular that: (a) your Content and Comments are your own original work or you are authorized to provide them to Our Website; (b) your Content and Comments are not defamatory (that is, they do not damage someone's good reputation), and do not contain any material which is harassing, threatening, obscene, offensive, hateful, abusive or inflammatory; (c) your Content and Comments do not take away or affect any other person's privacy rights, contract rights or any other rights, and do not otherwise break any applicable Laws; (d) your Content and Comments comply with Our Policies; (e) your Content and Comments do not promote any illegal activity or discrimination; (f) you have the right to give us permission to use your Content and Comments for purposes specified above and that such use will not infringe the IP, privacy or other rights of a third party; (g) your Content and Comments are not in any way liable to mislead others or otherwise be detrimental to or inconsistent with our good name or reputation; (h) your Content and Comments do not contain any Malware; (i) if your Content or Comments are intended to promote your own business, products or services, you will clearly and openly state your association with the particular business, products or services; (j) you will not falsify or delete any author attributions, legal or other proprietary notices, designations or labels; and (k) your Content and Comments do not contain any form of mass-mailing or spam. 

You acknowledge that we do not have a duty to publish any Content or Comments you have provided and we can remove or edit Content or Comments at our discretion. 

We have the right to: (a) reject or refuse to post any Content or Comments you have provided; (b) remove any Content or Comments from Our Website, whether or not the Content or Comments go against any of these Conditions; or (c) restrict, suspend or stop your access to all or any part of Our Website at any time. 

We will usually display your name with your Comments on Our Website, unless you ask us not to (as long as it is possible to do this). We may need to contact you for administrative purposes or to make checks on your Content or Comments. For full details of when and how we may contact you, please see our Privacy Policy. 

If you do not want to grant us the permission set out above on these terms, please do not provide any Content or Comments to Our Website. 

Disclaimer: The opinions expressed within Comments are those of the author and not our views or opinions. We do not endorse any Comments posted on Our Website. 

Claims of Defamation or IP Infringement 

It is not practical for us to check all Content and Comments posted to Our Website by our users. Instead, we offer a notice and take down procedure. If you believe that any information posted on Our Website is defamatory or infringes your IP rights in any way, please notify us immediately via our Defamation, Copyright and Trademark Infringement Policy. We will then review the information and, where we deem it appropriate, remove it within a reasonable time. 

Disclaimer of Warranties; Limitation of Liability; Release 

OUR WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, DATA AND INFORMATION PROVIDED OR MADE AVAILABLE IN CONNECTION THEREWITH, ARE PROVIDED “AS IS.” YOU USE OUR WEBSITE AND ANY ONLINE FUNCTIONALITY OR TOOLS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE, OUR SERVICE PROVIDERS AND OUR AFFILIATES HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, DECLARATIONS OR GUARANTEES REGARDING THESE CONDITIONS, OUR WEBSITE INCLUDING, WITHOUT LIMITATION: (A) ANY AND ALL EXPRESS AND IMPLIED CONDITIONS, TERMS AND/OR WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY AND ALL IMPLIED WARRANTIES ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND (C) ANY AND ALL OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT (WHETHER OR NOT ARISING FROM OUR, OR OUR AFFILIATES’ NEGLIGENCE). 

YOU USE OUR WEBSITE AT YOUR OWN RISK. WE ADVISE YOU TO MAKE SURE YOU ARE SATISFIED WITH THE EXACT TYPE AND NATURE OF PRODUCTS OR SERVICES BEING OFFERED BY US OR OUR AFFILIATES AND THEIR SUITABILITY FOR YOUR PURPOSES. YOU SHOULD NOT RELY ON OUR WEBSITE FOR ADVICE. OUR WEBSITE CONTAINS HYPERLINKS TO WEBSITES RUN BY COMPANIES OTHER THAN US AND OUR AFFILIATES. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, ANY OTHER WEBSITES MADE AVAILABLE FROM OR THROUGH OUR WEBSITE. WE DO NOT GIVE ANY GUARANTEES ABOUT THEIR CONTENT OR HOW THEY WORK. YOU ACCESS AND USE THESE SITES AT YOUR OWN RISK AND WILL NEED TO KEEP TO ANY CONDITIONS OF USE THAT APPLY TO THOSE WEBSITES. WE DO NOT APPROVE OR SPONSOR OR ENDORSE ANY PRODUCTS, SERVICES OR CONTENT YOU ACCESS OR BUY THROUGH OUR WEBSITE OR ANY THIRD PARTY WEBSITE WE LINK TO. 

NEITHER WE, NOR OUR AFFILIATES, WARRANT THAT THE FUNCTIONS CONTAINED ON OUR WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY PURCHASES. 

SOME JURISDICTIONS’ LAWS DO NOT ALLOW THE EXCLUSION OF AN IMPLIED WARRANTY, IN WHICH CASE ALL OR PART OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU, AND WE AND OUR AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR QUIET ENJOYMENT. 

NEITHER WE, NOR OUR SERVICE PROVIDERS OR AFFILIATES, WILL BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY) FOR: (a) LOSS OF REVENUES, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF, OR DAMAGE TO, OR CORRUPTION OF, DATA OR SOFTWARE, OR WASTED EXPENDITURE, IN EACH CASE WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL; or (b) ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES. THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES TO YOU AND YOUR AFFILIATES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW OR $100 (, WHICHEVER IS THE GREATER. NOTHING IN THESE CONDITIONS EXCLUDES OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION. 

NOTWITHSTANDING ANYTHING IN SECTION 10 OR ANYTHING TO THE CONTRARY IN THESE CONDITIONS, AND WITHOUT LIMITING ANYTHING IN SECTION 10, NEITHER WE, NOR OUR AFFILIATES SHALL HAVE ANY LIABILITY WHATSOEVER WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE AND WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY ARISING OUT OF OR RELATED TO ANY BETA FEATURES. “BETA FEATURE” MEANS ANY SERVICE FEATURE THAT IS EXPRESSLY IDENTIFIED AS “BETA”, “ALPHA”, “EXPERIMENTAL”, “PILOT”, “EVALUATION”, “PRE-RELEASE”, OR SOME SIMILAR DESIGNATION OR THAT IS OTHERWISE EXPRESSLY IDENTIFIED AS UNSUPPORTED. 

Indemnification 

You shall indemnify, hold harmless and defend us, our Affiliates, our and our Affiliates’ directors, officers, employees, agents and subcontractors, our licensors and assigns from all claims, liabilities, losses, damages, settlements, costs and/or expenses, whether or not partially attributable to our negligence or that of our Affiliates, including reasonable attorneys' fees and expenses, and third party claims or liability (collectively, "Liabilities") arising out of or in connection with: (a) your use of Our Website; (b) your breach or alleged breach of these Conditions or of any of Our Policies; (c) your Content or any use of it by us or our Affiliates, agents, service providers or sub-licensees, including, but not limited to, claims of defamation; (d) any claim or allegation that Content, Comments or any use of them by us or our Affiliates, agents, service providers or sub-licensees infringes or is alleged to infringe a third party’s intellectual property rights; and (e) any personal injury, death or property damage caused by you. You will use counsel reasonably satisfactory to us to defend each indemnified claim, and we may elect to participate in the defense at our expense. If at any time we reasonably determine that any indemnified claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a claim without our prior written consent, which may not be unreasonably withheld. Your defense and indemnification obligation will survive the term of these Conditions. 

Force Majeure 

We shall not be liable for any default or delay in the performance of any of our obligations under these Conditions if such default or delay is caused, directly or indirectly, by forces beyond our reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, power outages, supply shortages or the failure of you or any third party to perform any commitment relating to the production or delivery of any equipment or material required for us to perform our obligations hereunder. 

Suspension or Termination 

We reserve the right to deny, terminate, or suspend Our Website and/or your access to it without notice if, in our sole discretion, for any reason, including without limitation, if you breach these Conditions or Our Policies, and/or you use Our Website in a manner that violates or may violate any applicable custom, use, practice, or Law. 

We reserve the right, in our sole discretion, to halt any sale or prevent or restrict access to Our Website. We further reserve the right to take any action to restrict access to or remove any objectionable Content, Comments or other material or items that violate these Conditions or Our Policies. 

Governing Law and Jurisdiction 

These Conditions shall be governed by and interpreted in accordance with the laws of the State of New York (without reference to its conflicts of laws principles) and the Federal and State Courts located in New York County, New York, shall have exclusive jurisdiction over all disputes (whether contractual or non-contractual) arising out of or in connection with these Conditions. 

Notices 

We will give you notices (including contractual notices) electronically, by emailing you or posting the notice on Our Website. You hereby consent to receiving notices and other communications from us in this manner and agree that such notices are “in writing”. 

Third Party Rights 

The parties to these Conditions do not intend that any term should be enforceable by any person who is not a party to these Conditions other than our Affiliates which shall be entitled to any actions and rights as us. Each of our Affiliates shall be entitled to enforce the terms of these Conditions in its own right. For the avoidance of doubt, we may vary the terms of these Conditions so as to extinguish or vary the rights of our Affiliates without requiring additional consent from such affected Affiliates. We are not your fiduciary or trustee. 

Ethical Standards 

You shall, and shall make sure that your officers, employees, agents and service providers shall: (a) at all times comply with all anti-corruption laws applicable to you; and (b) not, directly or indirectly offer, promise or give (or agree to offer, promise or give) any financial or other advantage with respect to any matters which are the subject of these Conditions and/or to obtain any benefit for us which would violate any anti-corruption laws applicable to you or us. If you become aware of any breach or suspected breach of this Condition, you must notify us promptly. We may immediately suspend operation of these Conditions on written notice, pending investigation. You must assist us in any such investigation. If, in our reasonable opinion, you have breached this Condition: (a) we may immediately terminate these Conditions by giving you written notice; and (b) you shall indemnify us and hold us harmless on demand against any and all claims, demands, actions, proceedings, awards, compensation costs (including legal costs and disbursements on a full indemnity basis), expenses, damages, losses, fines, fees, costs and other liabilities of whatsoever nature brought against us arising out of or in connection with such breach. 

Miscellaneous 

These Conditions, Our Policies and any documents referred to in them constitute the entire agreement of the parties with respect to the subject matter hereof and supersede and cancel all prior agreements claims, representations and understandings of the parties in connection with the subject matter hereof. If any provision of these Conditions is held to be unenforceable, such holding shall in no way invalidate any other provision hereof, and these Conditions shall remain in full force and effect. 

Our Privacy Policy 

This is the Privacy Policy for https://productievit.com/. It describes how we collect, use, and disclose the personal data (“Personal Information”) our users provide to Productive I.T. LLC. (“we”/”us” or our “Company”) via this website (our “Site”) or via other means. Please review it carefully. 

By using our Site or our services, you consent to our collection, use and disclosure practices and other activities as described in this Privacy Policy. If you do not agree and consent, please discontinue use of our services and our Site. This Privacy Policy may be updated sometimes. 

This Policy describes: 

The Personal Information we collect 

How we collect Personal Information 

How we use Personal Information   

How we disclose or share Personal Information  

How we keep Personal Information secure 

Rights you may have under applicable law with respect to your Personal Information  

WHAT PERSONAL DATA DO WE COLLECT? 

Personal Information is any information which identifies you personally whether directly (for example, your name) or indirectly (for example, information about your use of our products and services). 

We and our third-party providers may collect the following Personal Information from you: 

Basic contact information: including your name, business name, email address, street address and telephone number; 

Financial Information: including credit card, debit card or bank account numbers you provide in connection with your purchase of our Services; 

Internet or other electronic activity: including information about the laptop, tablet, smartphone or other device used by you to visit our Site and your use of the Site, such as the domain name, Internet Service Provider, browser type and version, pages viewed, information accessed, ratings and reviews you post on our Site and the Internet Protocol (IP) address you use to connect to the Internet; Log-in information provided by the clients. 

Audio, electronic, and visual information: including photos or videos you provide call recordings we initiate and the content of certain communications between our clients and other consumers, all in connection with your use of our Services; 

Inferences drawn from Personal Information: including inferences drawn from any of the information above to create a profile reflecting the consumer’s preferences; 

Demographic information (for employees and job applicants): including gender, age, and race; 

Professional or employment related information (for employees and job applicants); and 

Any additional Personal Information that you may provide to us from time to time if you contact us through our Site, on our social media pages or by any other means during your contracted time with us. 

HOW DO WE COLLECT PERSONAL DATA? 

We and our third-party service providers collect Personal Information from the following sources: 

From you when you communicate with our Company, including by phone, email, text message, messaging application, social media, through our mobile applications or through other means. 

From you when you use our Site, including by filling in forms on our Site.  

From you when you purchase our products and services. 

From our service providers that collect analytics regarding your interaction with ads that we place on websites or other media. 

From you when you view or interact with our emails, videos, advertisements, or other media we send to you or make available to you. 

From third-party data providers who provide us with business-to-business contact information as permitted by applicable law. 

From certain interactions you may have with our clients, including for example: caller ID information from calls placed to our call tracking numbers or contact information stored by our clients through our Services or when you communicate with third parties using our Services, including by phone, text message, on social media pages or through websites. 

From third-party providers who collect information about your use of our Site through cookies. Cookies are information files stored on your computer that help websites remember who you are and information about your visit. If you do not want a website to create a cookie on your computer, the option to disable it may be activated in your browser. If you want to know more about how cookies work and how to manage or delete them, visit the All About Cookies website. For detailed information on the cookies, we use and the purposes for which we use them, see our Cookie Notice below. 

We may work with third-party service providers to target advertising to you through online and offline methods including email, display media, video media and direct mail. When you log on or visit our Site, your IP address may be combined with other data and such information may be used by third-party service providers to send ads to you based on your preferences, interests, and attributes. To find out how to opt out of having your online behavior collected by third-party advertisers for advertising purposes, you may visit each ad network's website individually and review their privacy policies, or you may visit the Digital Advertising Alliance’s opt-out website or the Network Advertising Initiative’s opt-out website.  

HOW DO WE USE PERSONAL INFORMATION? 

We may use your Personal Data for the following purposes: 

To provide the products and services you purchase and/or request. This includes providing you with customer service and communicating with you regarding your orders or our Services. This also includes answering your questions, sending you information you have requested, promoting compliance with the terms and conditions that govern the product or service you purchased, for billing and payment purposes or posting content you have submitted for publication, such as ratings and reviews, content creation i.e., social media posts, websites, and support. 

To advertise or promote your business on third party search engines, social media sites and other relevant business websites on your behalf. If you have purchased such services, we may share the identity, address and contact details of your business with third party search engines (such as Google), social media sites (such as Facebook) and other relevant business websites so that we can help promote your business to your target audience and drive potential customers to your own website. 

To register a domain name on your behalf. If you have registered for this service, we may need to share your contact details with the registrar responsible for maintaining the relevant register of domain names to complete the registration of a domain name on your behalf. 

For our internal purposes (such as accounting, auditing, data analysis, and research to improve and develop our products, services, content, advertising, and communications). For example, this includes the analysis of statistical information on the use of our Site by visitors and any feedback on our business or testimonials you may provide. 

To send marketing communications to you. We (or other third parties) may send you marketing communications, which may or may not be personalized to your interests by email or other permissible electronic means or by direct mail or phone call. You can unsubscribe from our email marketing at any time by clicking the “Unsubscribe” link in any of our emails. Our third-party partners may also use your Personal Information to inform you of equivalent products, services, and promotional offers.  

To track your usage of our Site, communications, video advertisements, products, and services. We use cookies and similar technologies to track your activity on our Site or your interaction and viewing of videos, advertisements or other media made available to you by us so that we can provide key features and functionality, monitor usage and interaction, and provide you with a more personalized experience. We use tracking technology to capture information such as the time and date you open our emails or our videos and the type of device on which you received and viewed the email or video. We use this information to understand the effectiveness of our email communications and video advertisements so that we can improve them in the future and provide a more personalized overall service to you. We may combine your Personal Information with other data and aggregate it with information collected from other users or sources to attempt to provide you with a better experience, to improve the quality and value of our products and services and to analyze and understand how our products and services are used. We may also use the combined information without aggregating it to serve you specifically.  

To serve targeted advertising to you. We (or our third-party partners) may use your Personal Information personalize your website experience by serving you with content, offers and advertising relevant to your interests by using use cookies, pixels, and other tracking technologies. For more information see our Cookie Notice below. 

FOR WHAT PURPOSES DO WE DISCLOSE PERSONAL INFORMATION? 

Productive I.T.  may disclose your Personal Information for a business purpose, including in connection with the marketing or fulfillment of our products and services. When we disclose Personal Information for a business purpose, we require the recipient to adhere to security and confidentiality obligations and not to use or process such Personal Information other than for a specified business purpose and in accordance with our instructions. 

We disclose the following categories of Personal Information for the following business purposes: 

We may share contact information, including your name, email address, phone number and other business contact information with certain third-party partners, including marketing and advertising partners, in order to (i) enable us to provide advertising and marketing services for you, (ii) assist you in using our services; or (iii) contact you with offers, services or products that may be of interest to you.  

We may share identifiers, including contact information, including contact information, internet and other electronic activity and audio, electronic and visual information with service providers and contractors that we retain to enable us to fulfill the products you with a product or service you have purchased and to assist us in providing our Services. 

We may share Personal Information of job applicants and employees with our service providers to process your application or to administer compensation and benefits for our employees. 

If we are involved in a merger, acquisition, a sale of all or a substantial portion of our assets, or other similar sales transaction, your Personal Information may be transferred as part of that transaction. 

We may disclose your Personal Information to service providers and vendors to monitor our systems and detect and prevent fraud. 

We may disclose your Personal Information to respond to law enforcement requests, court orders and as otherwise necessary to comply with laws and regulations. 

We may de-identify Personal Information, aggregate such data with other Personal Information and share the de-identified, aggregate data for purposes of improving our products and services and/or the products and services of our third-party providers. The de-identified and/or aggregated information is not Personal Information and is not subject to this Privacy Policy. 

“Sale” and “Sharing” of Personal Information 

Under certain states’ laws, (i) certain transfers or sharing of Personal Information may constitute “selling” when such Personal Information is disclosed to a third party for monetary or other valuable consideration; and (ii) certain transfers or disclosures of Personal Information may constitute “sharing”, whether or not for monetary or other valuable consideration, when such information is shared with third parties for targeted or cross-contextual advertising for the benefit of a business.   

In the time limit of your contract, we may be considered to have “shared” the following categories of Personal Information with third-party digital advertising partners for purposes of targeting or cross-contextual advertising: 

Contact information, such as name, phone number and email address – to social media services, search engines and third-party partners that assist us to provide targeted advertising to you. 

Internet or other similar network activity, such as IP address, device information, pages viewed and information accessed – through cookies and other tracking devices to social media services, search engines, third-party digital advertising networks and third-party partners that assist us to provide targeted advertising to you. 

We do not sell or share the Personal Information of consumers we know to be less than 16 years of age unless the consumer, in the case of consumers between 13 and 16 years of age, or the consumer’s parent or guardian, in the case of consumers who are less than 13 years of age, has affirmatively authorized such sale. 

HOW DO WE KEEP PERSONAL DATA SECURE? 

We take the security of your Personal Information very seriously. We have put in place security, technology and policies designed to prevent unauthorized or unlawful processing of Personal Information and accidental access, disclosure, alteration, loss, or destruction of Personal Information. We work to protect the security of your Personal Information during transmission on our Site by using Secure Sockets Layer (SSL), which ensures that your sensitive information is transmitted securely. 

HOW CAN YOU REQUEST A DELETION OF YOUR PERSONAL DATA? 

To request deletion of your Personal Data, please contact us at support@productiveit.com. 

SENSITIVE PERSONAL INFORMATION 

To the extent we collect sensitive Personal Information, such as including credit card or account information, the content of certain communications between our clients and other consumers, or social security numbers and bank account information of our employees, we collect and store such information solely to provide services to our clients or to compensate our employees.  

PRIVACY RIGHTS UNDER STATE LAW 

Residents of California, Virginia, Colorado, and Connecticut have certain rights with respect to their Personal Information. Those rights are described below. For Virginia, Colorado and Connecticut residents, these rights do not apply with respect to Personal Information collected in a business-to-business context or to Personal Information we collect from employees, independent contractors, or job applicants. 

Right to Access  

Subject to certain exceptions, you have the right to request a copy of the Personal Information we collected about you during the 12-month period preceding your request. You also have the right to receive a copy of your Personal Information in a structured and commonly used format so that it can be transferred to another entity (“data portability”).  

Right to Know  

You have the right to know what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the business or commercial purposes for collecting Personal Information and the categories of third parties to whom we share or disclose it. 

Right to Deletion 

Subject to certain exceptions, you have the right to request that we delete your Personal Information. Upon verifying the validity of a deletion request, we will delete your Personal Information from our records, and instruct any service providers or third parties to delete your information, when applicable.  

Right to Correct  

In certain circumstances, you have the right to request correction of any inaccurate Personal Information. Upon verifying the validity of a verifiable consumer correction request, we will use commercially reasonable efforts to correct your Personal Information as directed, considering the nature of the Personal Information and the purposes of maintaining your Personal Information.  

Right to opt Out  

You have the right to direct us not to sell your Personal Information and/or not to share your Personal Information with third parties for purposes of targeting advertising to you.  

Right to Limit Use and Disclosure of Sensitive Personal Information  

You have the right to limit the use and disclosure of your Sensitive Personal Information to provide you with services. We only collect, use, and disclose Sensitive Personal Information of consumers to provide our services. Therefore, we are not required to provide you with the right to limit the use of Sensitive Personal Information. 

Please note that the above rights are not absolute, and we may be entitled to refuse requests, wholly or partly, where exceptions under applicable law apply.  

Non-Discrimination Rights 

We will not discriminate against you for exercising any of your rights described above, including by denying you products or services, charging you different prices or rates for products or services, providing you a different level or quality of products or services or suggesting that you may receive a different price or rate for products or services or a different level or quality of products or services.   

To exercise your privacy rights under these state laws, you or a person authorized to act on your behalf may make a verifiable request using one of the following methods:  

Call us at 1-334-356-3561; or 

Submit a request through our Privacy Rights Request Form. 

If you are a California resident, you have certain additional rights under California law. Please click here for our California Privacy Rights Notice.  

CHILDREN’S PRIVACY 

Neither our Site nor our products and services are directed to children under 13 and we do not knowingly collect personal information from children under 13. If you are a parent or guardian of such a child and become aware that your child has provided personal information to us, please contact us at support@productiveit.com and we will take reasonable steps immediately to remove any such information. 

What to do if you have a complaint or concern 

We are committed to resolving any privacy concerns that you may have. If you have any concerns or complaints about the way we have handled your Personal Information, please contact us at support@productiveit.com and we will try to resolve such concerns or complaints with you.  

Cookie Notice 

What are cookies 

We and our third-party partners collect information about your use of our website through cookies. Cookies are information files stored on your computer, tablet or smartphone that help websites remember who you are and information about your visit. Cookies can help to display the information on a website in a way that matches your interests. Most major websites use cookies. 

What cookies are used on this Website 

The cookies we and our business partners use on this website are broadly grouped into the following categories: 

Essential 

Some of the cookies on our website are essential for us to be able to provide you with the service you have requested. An example of this would be a cookie used to enable you to log into your account on the website or which allows communication between your browser and the website. 

Analytics 

We use analytics cookies to help us understand how users engage with our website. An example is counting the number of different people coming to our website or using a particular feature, rather than the total number of times the site or feature is used. Without this cookie, if you visited the website once each week for three weeks we would count you as three separate users. We would find it difficult to analyze how well our website was performing and improve it without these cookies. 

Functional 

We use cookies to improve your experience by remembering your preferences, so we know how you like to use our website. Examples of this would be remembering you so that you are served with the same content, to remember you when you come back to the site or to remember that you like logging in via Facebook or other social media sites. 

Social  

We use cookies to allow you to share content directly on the social networking/sharing sites, like Facebook, Twitter, or Google+. Examples would be if you wanted to “like” or “tweet” about a business or product advertised on our website. 

Interest-Based Advertising 

You will have noticed that when you visit websites you will be shown advertisements for products and services you may wish to buy. Productive I.T., like many businesses, places advertisements for itself and its customers on a range of its partners' websites. However, to try and ensure that the advertisements you see are relevant to you we use cookies to collect information about the types of things that interest you, for example websites you visit and the geography that you are based in. Having these cookies does not increase the number of advertisements you will be shown, but simply makes the advertisements you see more relevant. 

How can I reject or opt out of receiving cookies? 

Please note that we cannot always control third-party cookies stored on your machine from our website and setting your cookie preferences with us will not stop those third-party cookies from being stored on your machine. You must manage these cookies directly with the relevant third party. 

If you wish to reject or opt-out of cookies, you can do the following: 

delete the cookies from your browser. Most browsers also allow you to prevent all or some cookies from being stored on your machine in the future. For more information on how to delete or disable cookies from your browser please use the “help” function within your browser or alternatively visit www.allaboutcookies.org.; and/or 

If you only want to reject some or all the third-party cookies you will need to visit the relevant third party’s website directly to manage cookies stored on your machine by them. Please be aware that disabling cookies may impact certain functionality of this website that relies on third parties.  

Opt-Out from the Sharing of Personal Information 

Residents of California, Virginia, Colorado, Connecticut, and Utah have the right under the laws of those states to opt out from the sale or sharing of their Personal Information. The use of certain third-party cookies and other tracking devices on this site may be considered “sharing” under those states’ laws. If you would like to opt out from the “sharing” of personal information, please click the Do Not Sell or Share My Personal Information link in the footer to make an opt-out request or click the Cookie Settings link in the footer to customize your privacy settings. 

In addition, you can opt-out from sharing personal information by broadcasting an Opt-Out Preference Signal, such as the Global Privacy Control (GPC) (on the browsers and/or browser extensions that support such a signal). 

Effective January 1, 2024 

Productive I.T. LLC (“Productive I.T.”, “we”, “us” or “our”) is providing this Privacy Rights Notice for California Consumers (“CCPA Privacy Notice”) to notify you of our privacy practices as required by the California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act of 2020 (CPRA) and to explain the rights available to you under the CCPA/CPRA.  This Notice applies to Personal Information that we collect from Consumers. “Personal Information” means information that identifies, relates to, describes, references, is capable of being associated with or could be linked, directly or indirectly, with a particular consumer or household. “Consumer” means a person who is a California resident. For purposes of this CCPA / CPRA Privacy Notice when we refer to “you” or “your” we mean a Consumer. For more information on our privacy practices, please see our Privacy Policy. 

This Notice does not apply with respect to Personal Information we collect from our employees, independent contractors, or job applicants.  

Information We Collect 

We have collected the following categories of Personal Information from Consumers within the last twelve (12) months: 

Category Examples 

Identifiers Name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name or other similar identifiers accounts logins and information. 

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) Credit card, debit card, bank account number and other financial information you provide in connection with your purchase of our Services 

F. Internet or other similar network activity Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement 

H. Audio, electronic, visual, thermal, olfactory, or similar information Photos or videos provided in connection with our Services, call recordings we initiate and the content of certain communications between our clients and other consumers 

K. Inferences drawn from Personal Information Inferences drawn from any of the information above to create a profile reflecting the Consumer’s preferences 

  Personal Information does not include identified or aggregated consumer information. 

We obtain the categories of Personal Information listed above from the following categories of sources, as more fully described in our Privacy Policy: 

Directly from you when you visit our website, fill in forms on our websites or submit information through our websites, including by posting reviews or other information. 

Directly from you when you sign up for an account on our websites or purchase our products or services. 

Indirectly from you through website usage details collected automatically, online searches you conduct or your interaction with ads that we place on websites or other media or your interaction with ads, including video ads, we send to you or make available to you. For example, we may collect information about your use of our websites through cookies, which are information files stored on your computer that help websites remember who you are and provide information about your visit.  

Directly from you when you communicate with us, including by phone, email, text message, messaging application, social media, through our mobile applications or through other means. 

From third parties with whom we interact in connection with the Services we perform. 

From your social media account. When you use a social network login to access our services, you may share certain Personal Information from your social media account with us, for example, your name, email address, photos, list of social media contacts, and any other information that may be or you make accessible to us when you connect your social media account to your services account.  The specific information shared depends on your security settings and the privacy policy of your social media network. 

From third-party data providers when they share information with us. 

Sensitive Personal Information 

Certain information we collect from our clients may be considered “Sensitive Personal Information” under the CCPR/CPRA, including credit card or account information and the content of certain communications between our clients and other Consumers. We collect and store such Sensitive Personal Information solely to collect payments and to provide services to our clients. 

Purposes for the Collection and/or Use of Personal Information 

We may collect and use the Personal Information or Sensitive Personal Information we collect for one or more of the following purposes, as more fully described in our Privacy Policy: 

To provide the products and services you purchase and/or request. 

To provide you with customer service, including responding to your requests for services or for information or to otherwise communicate with you. 

To advertise or promote your business on third party search engines, social media sites and other relevant business websites on your behalf or to register a domain name on your behalf. 

To personalize your website experience by serving you with content, offers and advertising relevant to your interests.  

To track your usage of and interaction with our websites, communications, ads, including video ads, products, and services.  

To respond to law enforcement requests, court orders and as otherwise necessary to comply with laws and regulations. 

For our internal purposes such as accounting, auditing, data analysis, and research to improve and develop our products, services, content, advertising, and communications. 

As otherwise described to you when collecting your Personal Information or as subsequently agreed to by you. 

Disclosure of Personal Information 

We may disclose the categories of Personal Information we collect to third parties, including our service providers and vendors, for various business purposes. When we disclose Personal Information for a business purpose, we require the recipient to adhere to security and confidentiality obligations and not to use or process such Personal Information other than for a specified business purpose and in accordance with our instructions. See the section entitled “For What Purposes to we Disclose Personal Information” in our Privacy Policy for more information as to these disclosures.  

Sale and Sharing of Personal Information; Exercising Your Opt-Out Rights 

Under the CCPA / CPRA, certain transfers or sharing of Personal Information may constitute “selling” when such Personal Information is disclosed to a third party for monetary or other valuable consideration or “sharing” when such Personal Information is disclosed to a third party for purposes of targeted, or cross-contextual, advertising.  

We may “sell” or “share” your Personal Information with third party digital advertising networks to serve you content, offers and advertising relevant to your interests. Specifically, that includes sharing Identifiers – such as your Internet Protocol address, email address and/or phone number; or Internet activity -- including your browsing history, search history and/or information as to your interaction with our websites, marketing, or advertising.  

Under the CCPA / CPRA, you have the right to opt-out from the sale of your Personal Information or from the sharing of your Personal Information for purposes of targeted or cross-context behavioral advertising. If you would like to exercise your right to opt-out, click the Do Not Sell or Share My Personal Information button at the footer of our website. Please note that the use of certain third-party cookies and other tracking devices on this site may be considered “sharing” under the CCPA / CCPRA. You can opt out of such sharing by clicking on the “Cookie Settings” button at the footer of our website to customize your cookie settings. You can also opt-out from such sharing by broadcasting an Opt-Out Preference Signal, such as the Global Privacy Control (GPC) (on the browsers and/or browser extensions that support such a signal) from your device.  

Exercising Your Information Access and Information Deletion Rights 

Under the CCPA / CPRA, you have certain rights with respect to your Personal Information collected and maintained by us, including: (i) the right to access your Personal Information, (ii) the right to information about the Personal Information we have collected, (iii) the right to delete your Personal Information, and (iv) the right to correct your Personal information.  

You have the right to limit the use and disclosure of your Sensitive Personal Information to provide you with services.  We only collect, use, and disclose Sensitive Personal Information of Consumers to provide our services. Therefore, we are not required to provide you with the right to limit the use of Sensitive Personal Information. 

To exercise these rights described above, please submit a verifiable request to us by either of the following methods: 

Call us at 1-334-356-3561 or email us at production@productiveit.com 

Only you or a person authorized to act on your behalf may make a verifiable request related to your Personal Information. You may also make a verifiable request on behalf of your minor child. If you are making a request as an authorized person for someone else, please provide us with information sufficient to demonstrate your authority to act on behalf of such person. 

You may make a verifiable request for information access not more than twice within any 12-month period. The verifiable request must: 

provide sufficient information that allows us to verify you are the person about whom we collected Personal Information or an authorized representative of such person; and 

include sufficient detail that allows us to properly understand, evaluate and respond to the request. 

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information related to you. 

Making a verifiable request does not require you to create an account with us. However, if you have an account with us, we may require you to log-in to your account to verify your identity or authority to request access to or deletion of your Personal Information. 

We will only use Personal Information provided in a verifiable request to verify the requestor’s identity or authority to make the request. 

Response Timing and Format 

We try to respond to a verifiable request within forty-five (45) days of receiving it. If we require more time (up to an additional 45 days), we will inform you of the reason and the extension period in writing. 

Any disclosures we provide will only cover the 12-month period preceding the date our receipt of your verifiable request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For requests to access your Personal Information, we will select a format to provide your Personal Information that is readily usable and should allow you to transmit the information from one entity to another entity. 

Retention of Personal Information 

We store your Personal Information as necessary and proportionate to accomplish the purposes identified in this Notice and to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. 

Productive I.T. as a Service Provider 

Productive I.T. acts as a service provider to our clients. When acting in this capacity, we process personal information on behalf of our clients, and we have no direct relationship with the end-users who use our clients’ services or products or visit our clients’ websites. 

Contact Us 

For any questions or concerns about this Notice or about Productive I.T.’s privacy practices, please contact us at support@productiveit.com.