Terms of Service Agreement

Terms of Service Agreement:


See Also Terms Of Hosting Service: Incorporated By Reference Here
Client Responsibilities For Self Managed Hosting, Blog, Email Accounts


RE:  Terms Of Consultation, SEO, Website Design, All Digital Marketing Services 





Marketing Service Agreement & Binding Contract

Between Us (Big Marketing Solutions LLC) Also Known As We: And You, (Also Known As Your & Client).

We Think You Will Find This “Plain Language” Agreement A Little Wordy, But Also Straightforward And Fair For All Concerned.

Summary

We’ll Always Do Our Best to Fulfil Your Needs and Meet Your Expectations. We Use a Contract Because it is Important to Have Things Written Down So That We Both Know What’s What, Who Should Do What And When, And What Will Happen If Something Goes Wrong. In This Contract You Won’t Find Any Complicated Legal Terms Or Long Passages Of Unreadable Text. We’ve No Desire To Trick You Into Signing Something That You Might Later Regret. What We Do Want Is What’s Best For Both Parties, Now And In The Future.

So In Short; You Are Hiring Us To Provide Marketing Consultation And Or Services For The Estimated Total Price On Our Proposal. Of Course, It’s A Little More Complicated, But We’ll Get To That.

What Do Both Parties Agree To?

You: You Have The Authority To Enter Into This Contract On Behalf Of Yourself, Your Company Or Your Organization. You’ll Give Us Everything We Need To Complete The Project As And When And In The Format We Need It. You’ll Review Our Work, Provide Feedback And Approval In A Timely Manner Too. Deadlines Work Two Ways, So You’ll Need To Honor Dates We Set Together As We Proceed. You Also Agree To Stick To The Payment Schedule Agreed By Both Parties In Any Written Documents or Email.

Us: We Have The Experience And Ability To Do Everything We’ve Agreed With You And We’ll Do It All In A Professional And Timely Manner To The Best Of Our Ability. We’ll Provide Best Efforts To Meet Every Deadline That’s Set And On Top Of That We'll Maintain The Confidentiality Of Everything You Give Us.

Getting Down To The Nitty Gritty

Design / Process / Scheduling

We Create Look-And-Feel Designs And Flexible Layouts That Adapt To The Capabilities Of Many Devices And Screen Sizes. We Work Predominantly In And Produce Work In Industry Standard Application Formats Including Adobe Photoshop, Macromedia, Fireworks, Illustrator, Premier, And Etc., As Well As In Microsoft Office And Other Software Platforms. Websites Are Developed Primarily Html And Use CSS, JavaScript, Ajax, PHP, MySQL, WordPress, Joomla, And Other Technologies As Appropriate Or As Needed In Our Discretion And Professional Judgment.

When We Design Print Or Web Pages, We May First Use For Position Only (FPO) Renditions Or ‘Wireframes’ Or Static Graphical Visuals To Indicate A General Look-And-Feel Or Design Direction (Color, Texture And Typography, Image Position And Size.) We Call This Creating A ‘Design Template.’ Once A Template Is Approved We Will Add Copy And Content In What We Call A ‘Final Design’. Generally We Will Develop Up To 3 Design Templates, And 3 Variations Of A Final Design, Stopping Work When The Client Selects One Of The Options Presented.

Websites in Design and Development are hosted at a temporary email address such as BigMarketingSolutions.com/ClientName and will probably not be accessible to the public until the final design is approved. It generally requires no more than a week to 10 days for us to build a respectable, launch ready website. Depending on scope of project additional pages, content, or functionality can be added shortly thereafter.

Following approval, the website design and email settings will be installed at the domain of client choice. Again, depending on scope of contract, or any suggestions or requests made by you, we can continue making the site better over time. A website is never truly 'done' as it is a living effort informed by monitoring results and applying continual improvement to maintain progress.

You’ll Have Plenty Of Opportunities To Review Our Work And Provide Feedback. We’ll Share Our Working Dropbox With You And Have Regular Contact. You have every right to expect prompt email responses to your correspondence.

Cancellation Or Termination

If, At Any Stage, You’re Not Happy With The Direction Our Work Is Taking, You May Cancel Service Owing Only What Has Been Paid So Far. In The Event That You Want Work Completed Up To That Point To Be Released To You Or Another, With Approval For Further Use As Inspiration, As Is, Or As May Be Modified In The Future, Then A Mutually Agreed Release Fee Must Be Paid.

For Monthly Payment Plans, We Do Most Of The Work In Initial Months And Then Receive Payments Over Time. If You Were To Cancel At, Let’s Say The Three Month Mark, We May Have Done 75 To 100% Of The Work Already. On Monthly Payment Plans, Our Work Can Be Released To You Or Some Other Provider If You Will Pay Us In Full For Everything We’ve Produced Until That Point At The Agreed Rate.

Text Content

We Work From Text Or Copy And Images That You Provide, Edited Or Altered According To Our Professional Judgment And Submitted For Your Approval. Generally, We Can Locate Royalty Free Images Or Content That Serves The Purpose. If You’d Like Us To Source Specific Content Or Images That Incur A Material Cost, These Services Will Be Quoted Separately And Will Be Due And Payable Upon Mutual Agreement.

Copyrighted Text, Photographs And Images

We Need Text And Graphic Files In Digital Format. Any Photographs You Supply Should Be In A Sufficient Resolution Digital Format For Purpose Intended. We Will Make Every Effort To Complete The Work Using Royalty Free Text And Images. If You Prefer To Buy Stock Photographs That Are Better Suited To Your Preferences, We Can Suggest Stock Libraries Or Conduct A Reasonable Search For Photographs For You. Any Charges Incurred Are Payable Separately, Upon Your Approval.

Browser Testing

Browser Testing And Device Testing Means Testing In General Terms On Widely Used Industry Standard Applications And Devices. Testing Does Not Mean Attempting To Make A Website Look Exactly The Same In Every Conceivable Computer, Browser, Or Device Of Different Capabilities With Different Size Screens And Native Or Proprietary Operating Languages. It Does Mean Ensuring That A Person’s Experience Of A Design Should Be Reasonably Appropriate For The Capabilities Of A Browser Or Device.

Desktop & Mobile Browser Testing

We Test Our Work In Current Versions Of Major Desktop And Mobile Platforms In Popular Use. If You Need An Enhanced Design For A Specific Non-Current Or Non-Standard Browser, We Can Provide A Separate Estimate For That.

Technical Support

Technical Support Means We Correct Anything We Did Wrong. It Does Not Mean Free Training Or Education For You. This Can Be Arranged Separately.

Change Orders

We Know From Experience That Fixed-Price / Service Contracts Are Rarely Beneficial To Anyone, As They Often Limit Us Or You To Your Earliest Ideas. We Don’t Want To Limit Your Ability To Change Your Mind. The Price At The Beginning Of This Contract Is Based On The Length Of Time We Estimate We’ll Need To Accomplish Everything We Understand About What You’ve Told Us You Want To Achieve. But We’re Happy To Be Flexible. If You Want To Change Your Mind Or Add Anything New, That Won’t Be A Problem As We’ll Provide A Separate Estimate For That.

Copyrights

First, You Guarantee That All Elements Of Text, Images Or Other Artwork You Provide Are Either Owned By You, Or That You’ve Permission To Use Them.
We Own All Copyrights And Intellectual Property Rights To Work That We Create For This Project, Including Digital, Textual And Visual Elements Until Final Payment Is Received Or Release Agreement Is Reached. When Your Final Payment Is Received Or A Mutually Agreeable Release Agreement Is Reached, These Rights Will Be Assigned To You By Formal Notice. Once This Happens, You’ll Own The Intellectual Property Unless Someone Else Owns Them.
We Love To Show Off Our Work And Share What We’ve Learned With Other People, So We Reserve The Right, With Your Permission, Which Is Hereby Granted, To Display And Link To Your Project As Part Of Our Portfolio And To Write About It On Websites, In Magazine Articles, Press Releases, And In Books, Etc.

Payments

We’re Sure You Understand How Important It Is As A Small Business That You Pay The Invoices That We Send You Promptly In Order To Maintain Services. Billing Is Generally Via PayPal, And Credit Card Payments Are Accepted Through Paypal Or Via Check. You Agree To Stick Tight To The Agreed Payment Schedule To Avoid An Interruption In Service.

Time May Change Things

The Only Constant In Our Day And Age Is Change. Technology And Standards May Change Over Time Due To Advances In Industry Standards Or Practices, Security Updates, Or Other Events Beyond Our Control. Our Services, Processes, Terminology, Methodology, Or Delivery And Execution Particulars May Change Over Time As A Result. Such Changes Will In No Way Compromise Our Effort To Fulfill The Goals And Spirit Of Our Obligations Under This Agreement. We Think You’ll Be Happy With Our Service Even If Evolves Over Time.

Other Issues

Schedule And Estimates Are Subject To Best Efforts And May Vary From Time To Time Depending In Part On Client Availability And Participation, Acts Of God, Or Other Unforeseen Events. All Estimates Are Approximate. Work To Be Performed Will Be Done In Workmanlike Manner With Ordinary Care According To Industry Standards And Practices Informed By Traditional Marketing, Digital Marketing And SEO Experience That Are Generally Recognized As Appropriate And Likely To Be Successful. Additional Hours Or Services May Be Authorized By Mutually Agreed Change Order With Separate Quote.

More Legal Stuff

We Can’t Guarantee That Our Work Will Be Error-Free So We Can’t Be Liable To You Or Any Third-Party For Damages, Including Lost Profits, Lost Savings Or Other Incidental, Consequential Or Special Damages. Clients Are Responsible For Proofreading And Error Checking Before Final Approval. During And After Initial Design, Our Work Will Be Subject To Many Vagaries Of Technology And Internet Reliability Or Lack Thereof. If You Notice A Problem, Please Advise Immediately. If It Is Under Our Control and Within Scope Of Agreement Then We Will Fix It Promptly.

Severability

Finally, If Any Provision Of This Contract Shall Be Unlawful, Void, Or For Any Reason Unenforceable, Then That Provision Shall Be Deemed Severable From This Contract And Shall Not Affect The Validity And Enforceability Of Any Remaining Provisions.

Limitations of Liability

We Provide Professional Services According To Industry Standards. However, In A Litigious Society, The Internet Presents So Many Moving Parts In Such A Fast Changing And Ever Changing Environment That Nobody Can Predict Unintended Consequences. We Do Not Pretend To Predict The Future and Thus Cannot Be Responsible For Any Unintended Results Of Our Service. Therefore The Limit For Any Liability For Any Claim Whatsoever Will Be $1.00

Finally, If Any Provision Of This Contract Shall Be Unlawful, Void, Or For Any Reason Unenforceable, Then That Provision Shall Be Deemed Severable From This Contract And Shall Not Affect The Validity And Enforceability Of Any Remaining Provisions.

Hold Harmless and Indemnification

You, As Client, Agree To Hold Harmless And Indemnify Us, and All Agents And Assigns.

Dispute Resolution

You And We Agree That Any Disputes Must Be Submitted To Arbitration By A Member Of The American Arbitration Association Before Any Lawsuit Shall Be Filed In Any Court Of Law.

Binding Contract / State Of Ohio

Although The Language Of This Agreement Is Simple, The Intentions Are Serious And This Contract Is A Legal Document Enforceable Under Exclusive Jurisdiction Of Ohio Law.

For Reference: Our Usual & Customary Rates:

$ 45/Hour On Retainer / Marketing Services Agreement Contract Of $2000 Or More
$ 50/Hour On Retainer Marketing Services Agreement Contract Of $500 - $1999
$ 100/Hour On Emergency Or Ala Carte Services Not Covered By Retainer

What’s Not Included In Our Quotes

Unless Otherwise Noted: Per Web Design / Development / SEO Industry Practices, The Following Are Not Included in Design Quotes: Domain Registration, Web Hosting, Email Marketing Services, Third Party DNS Management, Out Of Pocket Costs For Images, Videos, Third Party Applications, Custom Programming, Texting Interfaces, Email Campaign Management Services And Other Procurement or Management Services Not Specifically Part Of “Design” Are Not Included In Website Design Quotes.
We Prefer Domain Registration, DNS Management, Web Hosting, And Email Services Be Done Through Us (At Our Extremely Competitive Rates) So That Our Work And Your Results Are Not Subject To Failure by a Third Party Service Or Third Party Server Configuration Changes. In The End, This Is Your Choice.

Our Current Rates For Services Not Included

Domain Registration / DNS Service is $14.99 / Yr / Domain
One Web Site Hosting & Email w/ 10 Addresses is $14.99 / Mo / Domain
Multiple Web Site Hosting & Email, Up to 1 GB Total is $24.99/mo

Notices

All Official Correspondence Regarding This Contract Should Be Via Email As Follows:

Us: email@BigMarketingSolutions.com

You: The email address entered below

But Where’s All The Horrible Small Print?

We Try To Avoid Horrible Small Print. We Think This Is A Simple But Fair Agreement. You Can’t Transfer This Contract To Anyone Else Without Our Permission. This Contract Renews Upon Each Payment Made. If For Some Reason One Part Of This Contract Becomes Invalid Or Unenforceable, The Remaining Parts Of It Remain In Place.

Record Keeping

Everyone Should Keep A Copy For Their Records So They Can Refer To It If Needed.

The Dotted Line (We Use Digital Signatures)

Agreed And Signed By Us
BIG Marketing Solutions (This Is Our Digital Signature)

Agreed And Signed By Client Using Digital Signature

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Click Box To Approve Use Of Digital Signature - (Required)

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