Terms & Conditions for Our Services
Authorization: The Client (You) is engaging the Service Provider as a digital marketer, as an independent contractor for the specific purpose of digital marketing and lead generation for the purchased Services. If need be, the You shall authorize the Service Provider to access their pre-existing accounts allowing “written permission” and shall authorize the Agent, Company, Associates and the Account Provider to provide the Service Provider with permission for the Your accounts, and any other login, access information or programs which need to be accessed. You shall also authorize the Service Provider to use the login information to access any third-party accounts associated with the purchased Services or site from where You would like the Service Provider to access licensed images, copyrighted text and other technical information, configurations, audio, video, media and content useful in designing and developing the purchased Services.
Links: It is contemplated that all links provided by You have been verified and approved for use on Your Services. The Service Provider takes absolutely NO RESPONSIBILITY in ANY suit(s) that are directed to You from links that have not been approved for use on Your account and Services.
Graphics and Audio, Video Media: It is anticipated that the Service Provider will create, capture or receive from You, all graphics, audio, video media elements necessary for the completion of Your Services. This includes audio, video, images, photography, scanning services, video, and photo shooting, editing, animation, and Third-party stock photography, audio, video and any media element as listed below:
3.1. Photography, Audio, Photography / Photo, and Video Shooting: For Clients residing in the United States and Canada, at the request of the Client, the Service Provider will visit the Client’s place of business and capture images, video, audio in digital format for inclusion on the Client’s Services. The Service Provider will also be able to scan images, send and receive digital media formats for audio, video and shoot videos at the Client’s request. Due to the differing needs of Clients, the quantity of digital photography, video production, footage, shooting locations and scans and costs incurred will be negotiated. The Client agrees to pay for all additional travel, food and stay costs for our team involved in this process.
3.2. Third Party Stock Photography, Audio, and Video: Any costs incurred in purchasing Third party stock photography must be paid by You. You shall take full responsibility for any Third-Party Stock Photography, Audio and Video that You provide to the Service Provider by any medium and will hold harmless, protect, and defend the Service Provider and its subcontractors from any claim or lawsuit arising from the use of such elements furnished by You.
Text and Files: Text and any other file supplied by You shall be provided in popular readable electronic format (i.e., Microsoft Word / .jpg / .gif / .png / .pdf). The submission can be made as: an email attachment; or a CD; or a DVD; or an external USB drive. If the Service Provider is requested to obtain files by other means, then appropriate charges will incur.
Additional Requests: If You want the Service Provider to develop or design any additional material for the specific purposes, the standard rate as decided solely by the company will be applicable.
Payment Terms / Workflow: Unless stated in our quotation or invoice, You agree to pay the Service Provider full cost upfront for all or any Services. Upon receiving the full payment, and making sure that the Service Provider has complete access and content from You, our designing and development process will commence.
When buying our Services online, You are required to pay the full amount upfront through our secure Payment gateway. The payment can be made in the form of an online Credit Card Payments, Bank Draft, Bank transfers.
The Service Provider reserves the right to remove all web content, designs, development from the Internet if payment is not made within thirty (30) days after delivery of our completion notification or if there is a delay in the processing of the payment. If a payment delay is anticipated, please contact the Service Provider to discuss potential problems in advance. If problems are anticipated, we may be able to accommodate an alternate arrangement. If the Client is delinquent in their payment, then proper actions may be taken by the Service Provider and the account may be handed over to a Third-party Collections Agency for proper handling and recovery.
Client Amends for Services: The Service Provider prides itself on providing excellent customer service. That is the spirit of the Service Provider’s business. To that end, we encourage input from You during the entire service process. The Service Provider understands, however, that the Client may request significant changes to Services that have already been rendered to the Your specification. To that end, please note that our agreement does not include a provision for significant development or production in excess of our agreement. Some examples of significant Service modification at the request of the Client include:
Designing, producing and shooting a completely new video, audio, photography, graphic design, ad, website layout or strategy, vision change to accommodate a substantial change at the Client’s request.
Recreating or significantly modifying the company logo, graphics, resetting new accounts for Google tools such as Google Analytics, AdWords, Google Console, Google Maps and Google Places at the Client’s request.
Replacing more than 50% of the text, image content to any given page, graphics at the Client’s request.
Creating a new navigational structure or changing the design or links in graphics at the Client’s request.
Significantly reconfiguring the Client’s account, Campaigns, Advertisement, Graphic Designs or Web Links.
For Monthly Technical Maintenance: Any content upload, update such as uploading and replacing text, images to any given page at the Client’s request or significantly reconfiguring the Client’s shopping cart with new product upload, shipping or discount calculations if an e-commerce enabled site has been selected by the Client.
Any additional content update on the website other than the one already included in our _________Plan. Clients who anticipate frequently changing the look of their site during the design process and Clients who desire to be an intricately involved design of each page, graphics or campaigns are encouraged to negotiate an agreement before purchasing our Services. If significant development is requested by the Client in excess of our agreement, charge(s) will be invoiced accordingly.
Copyrights and Trademarks: You shall represent to the Service Provider and unconditionally guarantee that any elements of text, graphics, photos, designs, audios, videos, trademarks, or other artwork furnished to the Service Provider via Email, Phone, Internet, On-Paper, in-meeting and otherwise, for inclusion in the Your web site owned by You, or that You have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Service Provider and its subcontractors from any claim or suit arising from the use of such elements furnished by You. Furthermore, You agree that any content used while developing the website, _____, ________ is owned by You and under no circumstances will the Service Provider be liable for Your Content or the content of any third party, including, but not limited to, for any errors or omissions in the Content provided by You, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise. The Service Provider will not be liable for any Copyright Infringements.
Third Party Modifications: Some Clients may desire to independently edit or update their Services after completion of the design/development as a way to control costs and avoid further expense. You agree that once we complete the development for Your Services and the You or your agent, other than the Service Provider attempts to update Services that were previously rendered by the Service Provider and damages the design or impairs the ability for the Services to display or function properly, then time to repair the will be assessed at the hourly rate of _________. Please note that the aforementioned is applicable for __________ Maintenance as well.
Assignment of Development: The Service Provider reserves the right to assign certain subcontractors to this development to ensure the right fit for the job as well as on-time completion. The Service Provider warrants all work completed by subcontractors for this development.
Additional Expenses: You agree to reimburse the Service Provider for any critical requested expenses made by You which are necessary for the completion of the development. Examples would be; the purchase of specific fonts; the purchase of specific photography, audio, video; forms; the purchase of specific software; using any third-party plugins; third-party online portals; submittal to specific search engines at the Your request.
Age: Authorized representative of the Client certifies that he or she is at least 18 years of age and legally capable of entering a contract in the digital marketing service domain on behalf of the Client.
Abuse: You agree to work together, deal and behave with the Service Provider in a professional manner. Any kind of repeated pattern of inappropriate, false accusations, harassment, derogatory or threatening speech directed towards the Service Provider, its officers, staff, and contractors will not be tolerated. The Service Provider has the right to take strict action, legal steps, abiding the law and resume the development process and any related Services right away offering no refund or guarantees to You. The Service Provider has zero-tolerance for Clients abusing our Services.
Limited Liability: You agree that any material submitted for publication will not contain anything leading to abusive or unethical use of the Service Provider. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of illegal activity, and any infringement of privacy. You hereby agree to indemnify and hold harmless the Service Provider from any claim resulting from the Your publication of material or use of those materials. It is also understood that the Service Provider will not publish information over the Internet which may be used by another party to harm another. The Service Provider will also not develop pornographic or illegal software for the Client. The Service Provider reserves the right to determine what is and what is not suitable.
Design Credit & Reviews: You agree that the Service Provider may put a byline on the bottom of their web site, establishing design and development credit. You also agree that the web site, graphics, video, audio and any development created for You will be included in the Service Provider’s portfolio and You will provide a text review, audio or video testimonial when requested by the Service Provider. If any or none of these are acceptable, please inform the Service Provider beforehand via email or in writing via registered mail.
Website Design Services: You agree that the Service Provider may use opensource platforms such as WordPress CMS and third-party applications to build website and will not be held liable for any faults, loopholes, hack, spam or any other problem arising due to mismatch, upgrading error with different versions of the CMS & plugins, applications. You also agree and understand that problems arising due to third-party hosting, servers, domain provider or any technical reason or by the act-of-god is not the fault of Service Provider and therefore agrees to hold harmless, protect, and defend the Service Provider and its subcontractors from any claim or lawsuits.
SEO Keywords & Pages: The Service Provider does not provide any Warranty/Guarantee for Search Engine Ranking. Moreover, the Page rank depends on various different factors such as your website content relevancy, page popularity, authentic backlinks, domain age, blogging consistency, social media presence, and niche. If You are looking for a guarantee over the page rank, then You should get our Search Engine Optimization services.
SEO Definitions, Guarantee & Refund: SEO is also known as Search Engine Optimization or Organic SEO. Definition of Single or multiple keywords related to your website content, service(s) or product(s). We will work with all keywords and/or keyword phrases provided by clients and make every effort possible to bring said keyword and/or keywords phrases to the top of major search engines like Google, Yahoo and/or Bing. However, the client must clearly understand that ‘organic SEO’ programs cannot guarantee ‘specific’ keywords and/or keyword phrases in specific search engines. Instead, our guarantee covers keyword and/or keyword phrase rankings related to a client’s website.
SEO Guarantee: You understand and agree that Search Engines such as Google, Ask, Bing and Yahoo, etc. are third party websites that the Service Provider has no control over and Service Providers Services are only confined to optimizing the Client website with the best possible legit method and keywords. Our guarantee for the first page or the first five-page depends on the amount of competition in your niche, keyword saturation, search engine algorithms, domain age, server response time and many other technical factors. Our aim is a competitive ranking. The proliferation of boilerplate sites in these industries means that the only chance of traffic is comprehensive, professional optimization, as we offer in our SEO Services.
SEO Performance Refunds: In the case where the Client’s web URL is not found on the first 5 pages of Google, Yahoo or Bing, NO REFUNDS will be made before 6 months because a usual organic optimization takes at least 6 months to show results. Indexing and ranking in search engines are subject to server uptime, server settings, DNS settings, website coding and/or optimized content remaining intact. These inconsistencies can be corrected but will delay indexing and ranking. The Service Provider will evaluate the results thoroughly before issuing any refunds. SEO performance refund is subject to the below conditions only: Major Search Engines: We guarantee your website (domain) will be found in at least first five pages of top search engines like Google, Bing or Yahoo (which combined represent 92% of all search engine traffic) using single or multiple keywords, phrases related to your website content, service(s) or product(s)! Your website will be found in the first five pages of at least one of the above major search engines
Maintenance Guarantee: You understand and agree that web maintenance is done on an open-source content management system such as WordPress and/or________, third-party plugin, interface that is saved on a third-party hosting server and failure or success of such updates depends on a number of factors such as server response time, server bandwidth, internet connection, version compatibility with other plugins, widgets, by act of God; making the maintenance guarantee ineffective and therefore agrees to hold the Maintenance Service Provider harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable Lawyer’s fees.
Google AdWords, Facebook Advertising Campaign and Advertisement Design: You agree that the Service Provider may use free accounts for Google AdWords. You agree to provide the Service Provider with keywords related to targeted niche along with different demographics, geographic location and age groups. This will also include an idea, message, text or pictures furnished by You to the Service Provider. Once the Advertisement Design is approved by You, any further changes to the design will incur an additional cost.
Google AdWords, Facebook Advertising Campaign Success Rate: Even though the Service Provider will make every effort to the best of knowledge and ability to setup the Clients account, campaigns, budgeting, and ad designs in order to maximize results and success rate, failure of such (Paid Ads on Google AdWords) advertisements cannot be neglected. Google AdWords is a third-party application that the Service Provider will use to set up the Client’s account and design campaigns but does not own or control the application (AdWords Algorithm or system application). Failure with Paid Ads can happen due to many reasons such as higher bidding by competitors, shortage of Clients funds, technical reasons, human error or by the act of god. In any case of failure, the Client agrees and will hold harmless, protect and defend the Service Provider and its Subcontractors from any lawsuit(s).
Payment to Google Inc. and Facebook Inc.: The Service Provider uses free Facebook, Google Analytics, Webmaster Tools accounts to set up, track and monitor the website and ad campaigns. If You choose to use any premium Google or Facebook services, then You agree to pay the premium fees directly to Google Inc. and Facebook Inc. The Service Provider is not responsible for any such payments.
Web Improvements related to Google Console/Webmaster, Analytics: Even though the Service Provider will make every effort to the best of knowledge and ability to setup the Your account, it is not the responsibility of the Service Provider to improve the website or ad performance. Google Analytics™ or Webmaster Tools™ or Reporting service is a tracking and monitoring service and not web improvement or redesign service. The Service Provider will set up the accounts or will send reports with user data, statistics and advice on how to improve web/ad performance, but if You want the Service Provider to revamp or fix the ad/websites – additional fees will be applicable. You agree and will hold harmless, protect and defend the Service Provider and its Subcontractors from any lawsuit(s).
Planning and quoting for your project. We will generate a plan and quote for the production of your project, and this is sent to You as an email. By agreeing to these terms and conditions, you are accepting that You have read, and agree to, the plan and quote that is sent to You. Any plans and quotes are valid for (30) thirty days from the date of submission.
The plan and quote we provide to You are only valid based on the information You give us is true. Any changes in circumstances or requirements may result in an amended plan and quote.
Changes and amendments to your project after completion. Any changes or amendments that affect the original brief may be subject to an additional charge.
Our right to cancel. We reserve all rights to terminate our provision of service to You at any time. In the event of our cancellation, any deposit will be fully refunded. Reasons for cancellation may include, but are not limited to, staff illness, short notice medical or family emergencies, or natural/human disasters/events.
Your right to cancel. You reserve all rights to terminate the provision of our services at any time. In the event of any cancellation on your behalf, all deposit payments are non-refundable.