Public Offer

1. Status and acceptance

This document is a public offer by PT Klimov Advertising Agency (the “Provider”, ALEX-DIGITAL) to enter into an agreement on the terms below.

The Client accepts the offer by paying an invoice or payment link, confirming an order in writing, providing access so work can begin, or actually using the services. A person accepting for an organisation confirms that they have authority to bind it.

A proposal, order, invoice, media plan, or written confirmation supplements this offer. A more specific written term prevails if there is a conflict, subject to mandatory law.

2. Services and outcome

The Provider supplies integrated digital marketing services, including strategy, advertising setup and management, analytics, reporting, creative adaptation, websites and automation, software access, and other agreed work.

The exact scope, period, channels, limits, and deliverables are stated in the order, invoice, or correspondence. Unless expressly agreed otherwise, the service is professional activity and support, not a guarantee of revenue, leads, ROAS, ranking, or a third-party platform decision.

3. Every price is for an integrated package

Every published or agreed price is the price of one integrated service package for the relevant billing period or project stage. It is not an hourly fee and is not automatically divided into prices for individual settings, ads, reports, consultations, or other actions.

The Provider allocates work and tools within the agreed package. A feature not used by the Client, an individual action not being required, or a lower volume of a particular task does not reduce the package price.

Advertising spend, taxes, bank fees, subscriptions, domains, hosting, and third-party charges are excluded unless expressly stated otherwise.

4. Payment and start of work

Unless the invoice or order states otherwise, services are payable 100% in advance. Work starts after payment and after required access, materials, and approvals are received.

The Provider may pause work for late payment, insufficient advertising balance, missing access, or missing required materials. Deadlines shift for the duration of such delay.

5. Client obligations

• Provide accurate information, materials, access, approvals, and feedback on time.
• Hold the necessary rights to all supplied texts, images, marks, databases, and other materials.
• Comply with law and the rules of Google, Meta, TikTok, and other platforms used.
• Maintain sufficient advertising balance and remain responsible for the legality of its products, services, offers, and processing of end-customer data.

6. Timing, reporting, and acceptance

Timelines are estimates unless expressly designated as fixed. They are extended for delays caused by the Client or a third-party platform.

Deliverables and reports may be provided through the ALEX-DIGITAL portal, email, messenger, or a link. Reasoned objections should be submitted within 5 business days. Without objections, the work is deemed accepted to the extent permitted by law.

7. Advertising spend and third-party platforms

Advertising spend is charged by third-party platforms separately from the Provider’s fee. Funds already transferred or spent, fees, and non-refundable third-party charges are not refunded by the Provider.

The Provider does not control moderation, suspensions, auctions, APIs, algorithms, prices, or availability of third-party platforms, but will take reasonable diagnostic and remedial steps available within the package.

8. Client cancellation, termination, and refunds

The Client may stop services by written notice. Unless agreed otherwise in writing, termination takes effect for a future period after the already paid billing period or project stage ends.

Once work has begun, the advance payment for the current integrated package is non-refundable when the Client cancels. Team capacity is reserved and preparatory, analytical, strategic, and technical work starts immediately, even where its value is not represented by a separate physical deliverable.

No refund arises from non-use of a deliverable or account; a change of plans; delayed materials, access, or approval; rejection of a previously approved concept; a third-party suspension or rule change not caused by the Provider; or failure to achieve an expected commercial metric where services were properly provided.

Exceptions are a refund required by applicable law, proven non-delivery caused solely by the Provider, or a separate written agreement. Depending on the circumstances, the Provider may first offer correction, re-performance, credit, or a proportionate partial refund. Taxes, charges, and actually incurred non-refundable costs may be deducted where lawful.

9. Suspension or termination by the Provider

The Provider may suspend or terminate services for non-payment, unlawful or misleading content, a security threat, platform-rule violations, abuse of access, or an authority’s requirement. The Client will be told the reason where notice is lawful and reasonably possible.

10. Intellectual property, confidentiality, and data

Client materials remain the Client’s property. After full payment, the Client receives the agreed rights to final bespoke deliverables. The Provider retains its methods, templates, libraries, general-purpose code, analytics structures, know-how, and tools unless otherwise agreed in writing.

Each party will reasonably protect non-public commercial information and credentials. Personal data is handled under the Privacy Policy and applicable law.

11. Liability and force majeure

Each party is liable for direct documented loss caused by its breach. To the maximum extent permitted by law, the Provider is not liable for lost profits, indirect loss, or third-party platform decisions. The Provider’s aggregate liability for an order is limited to the service fee actually paid for the affected package. This limit does not apply to wilful misconduct, gross negligence, or liability that cannot lawfully be limited.

A party is not liable for delay caused by events outside its reasonable control, including communications or platform outages, natural disasters, government action, war, epidemics, and major cyber incidents. Performance will resume as soon as reasonably possible.

12. Law, disputes, language, and company details

The law of the Republic of Indonesia applies. The parties will first try to settle a dispute through negotiation for 30 calendar days, after which it may be brought before a competent Indonesian court, subject to mandatory jurisdiction and consumer-protection rules.

The Bahasa Indonesia version controls for relationships in Indonesia; Russian and English are convenience translations. The Client’s mandatory rights remain unaffected by this offer.

This offer is effective from 1 January 2024 until withdrawn. A new revision applies to new orders and future billing periods from publication unless mandatory law or a written agreement requires otherwise.

PT Klimov Advertising Agency
NPWP: 39.483.059.0-905.000
NPWP16: 0394 8305 9090 5000
Email: info@alex-digital.io
Address: Jalan Sunset Road No. 28, Seminyak, Kuta, Kab. Badung, Bali, Indonesia