Terms of Service Agreement

Terms of Service Agreement

Covering Digital Marketing, Consultation, Website Design, and Any And All Services of BIG Marketing Solutions LLC

Note:  Signatures are not required as all invoices carry a link to this agreement and specify that payment of the invoice constitutes approval and acceptance of this terms of service agreement / contract. 

Binding Contract
This is a legal agreement between Big Marketing Solutions LLC (Also Known As Us, Our, or We), and Client (Also Known As Your, Your & Client).  We Think You May Find This “Plain Language” Agreement A Little Wordy, But We Hope This Makes It Easy To Understand, Straightforward, And Fair For All Concerned.

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 Want Is What’s Best For Both Parties, Now And In The Future.

What Do Both Parties Agree To?
You Are Hiring Us To Provide Marketing Consultation And Or Services Based On A Proposal, Sent Separately, And As May Be Agreed In Writing Including Email Correspondence, For The Estimated Total Price On Our Proposal. You Warrant That 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.

We Agree to Perform To The Best Of Our Ability. We Warrant That We Have The Experience And Ability To Do Everything We’ve Agreed To Do, And Will 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.  On Top Of That, We’ll Maintain Confidentiality Of Everything You Give Us That Is Noted By You As Confidential.

Getting Down To The Nitty Gritty

Design / Process / Scheduling
Generally We Will Develop Up To 3 Designs And 3 Variations Of An Approved Design, Moving Forward When The Client Selects One Of The Options Presented. We Create Work Suitable For Intended Purpose, Whether For Print or Web. Our Website Designs Are Generally Responsive, Mobile Friendly, and Fluid, Adapting 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 using WordPress Which Relies On HTML, CSS, JavaScript, Ajax, PHP, MySQL, And Other Technologies As Appropriate Or As Needed In Our Discretion And Professional Judgment. Websites in Design and Development May Be Hosted Live on the Internet So Clients Can Easily Access Them. They may be accessible to the public before the final design is approved, but this is not likely unless they know the exact web address. If A Website Design Is Not Paid For As Agreed It Can Be Suspended Or Hidden From Public View Until Paid For. It Generally Requires No More Than One Week For Us To Build A Simple, Respectable, Launch Ready Website. Complicated Projects May Require Up To 30 Days or More, Depending on Scope. Additional Pages, Content, or Functionality Can Generally be Added To Existing Websites Within 24 to 72 Hours.

A Website is Never Truly ‘Done’ as it is a Living Effort Informed by Monitoring of Results. You’ll Have Plenty Of Opportunities To Review Our Work And Provide Feedback. We’ll Provide Regular Contact all Along the Way. You Have the Right to Expect Prompt Responses to 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. Should You Want Our Work Released To You Or Some Other Provider For Further Use, This Will Be Done If You Have Paid In Full For Everything We’ve Produced Until That Point At The Agreed Rate.

Text / Content
We May Work From Text Or Copy And Images That You Provide. Text or Copy or Images May Be 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 Provide Photography, or 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 Digital Resolution and 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 Conduct A Reasonable Search For Photographs For You or Recommend Stock Photo Libraries for Your Search.

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 On Different Platforms Should Be Reasonably Appropriate.

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 That We Teach Skills The Client Does Not Have, Nor Does It Mean That We Repair Damage Created By Others. A Client Support Portal is being planned for our company, but until then, email is the best way to request technical support. Send email to email@bigmarketingsolutions.com

Change Orders
We Know From Experience That Fixed-Price / Service Contracts May Limit Us Or You To Our/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 Loosely 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 A Misunderstanding Comes Up We Will Do Our Best To Resolve It According To Usual Standards In The Design or Web Design Business. 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.

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, Including Digital, Textual And Visual Elements Until Final Payment Is Received Or Release Agreement Is Reached, Whichever Comes First. When Your Final Payment Is Received Or A Mutually Agreeable Release Agreement Is Reached, These Rights Will Be Assigned To You. Once This Happens, You’ll Own The Intellectual Property Unless Someone Else Owned It First.

Approval of Disclosure:
Unless Otherwise Agreed in Writing, We Reserve The Right To Disclose, Discuss, Publish, Write About, Quote, Display, or Link To Any Work Done For You In Order To Create A Portfolio, Professional Case Study, or Other Digital or Written Presentation.  Such Disclosure May Include Verbal or Written Form And May Include but Not Be Limited To Websites, Blogs, Social Media Platforms, Magazine Articles, Press Releases, and Other Forms.

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. Credit Card Payments Are Accepted Through Paypal or Our Invoices Can Be Printed And Mailed With A Check. You Agree To Stick Tight To The Agreed Payment Schedule To Avoid An Interruption In Service. Projects Less Than $1000 are Paid in Advance.  Projects of $1000 or More Require a 50% Down payment and Progress Payments As Work Progresses.

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.  Our Rates and Terms are Subject to Change Without Notice in Order to Accommodate Changes in Technology or the Cost Thereof. Schedules May Change In the Event We Do Not Receive Text or Materials When Needed.   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 (Design, Traditional Marketing, Digital Marketing, SEO Industries or as Applicable). We Follow Practices Generally Recognized As Appropriate And Likely To Be Successful.

More Legal Stuff
We Are Professionals, But We Are Not Perfect. We Do Good Work, But Can’t Guarantee That Our Work Will Always Be 100% Error-Free. Clients Are Ultimately Responsible For Proofreading, Error Checking, And Requesting Corrections. We Can’t Be Liable To You Or Any Third-Party For Damages, Including Lost Revenue, Lost Profits, Or Other Incidental, Consequential, Punitive Or Special Damages In The Event Of An Unreported Error. 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 Us Immediately. If It Is Under Our Control and Within Scope Of Our Agreement Then We Will Fix It Promptly.

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 Be Severed, Without Affecting The Validity And Enforceability Of 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.

Hold Harmless and Indemnification
You, As Client, Agree To Hold Harmless And Indemnify Us and All Agents And Assigns For Any Claims Arising From Work Where We Follow Your Instructions Or Use Material Provided By You.

Dispute Resolution
You And We Agree That Any Disputes Must Be Submitted To Binding Arbitration By A Member Of The American Arbitration Association Before Filing Any Lawsuit or Demanding Any Refunds From Banks or Other Financial Service Providers Involved In Payments Made.

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:

  • $ 50/Hour On Retainer / For Prepaid Marketing Services
  • $ 75/Hour On Emergency Or Ala Carte Services Not Covered By Retainer

What’s Not Included In Our Quotes
Unless Otherwise Noted Or Agreed: Per Copy Writing, Graphic, Web Design / Development / SEO Industry Practices, The Following Are Not Included in ‘Design’ or ‘Writing’ Quotes: Domain Registration, Web Hosting, Email Marketing Services, Email Campaign Management, Third Party DNS Management, Out Of Pocket Costs For Images, Videos, Third Party Applications, Custom Programming, Texting Interfaces, And Any Other Procurement or Management Services Not Generally Understood As Part Of “Design”, “Writing” or “SEO” services.

Related Services:
We Prefer Domain Registration, DNS Management, Web Hosting, And Email Services Be Done Through Us (At Our Competitive Rates) So That Our Work And Your Results Are Not Subject To Failure such as May be Caused By Changes In A Third Party Service. In The End, This Is Your Choice, subject to the understanding that we are not responsible for failure of third party services, and that working on other providers platforms such as hosting or email servers or other services may slow our work.

Our Current Rates For Services Not Included

  • Domain Registration / DNS Service is $19.99 / Yr / Domain
  • High Availability Hosting for One Web Site Hosting & Email w/ 10 Addresses is $14.99 / Mo / Domain
  • Premium High Availability Hosting for Multiple or Larger or High Traffic Web Sites, including Email, Up to 1 GB Total is $24.99/mo
  • Premium High Availability Hosting As Above, Up to 2 GB Total is $29.99/mo

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

  • To Us: email@BigMarketingSolutions.com, subject to change on written notice.
  • To You: The email address used most often in correspondence between us, subject to change on written notice.

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 Is Automatically Renewed or Extended When A Client Makes Another Payment.

Record Keeping
All Parties Should Print and Keep A Copy For Their Records So They Can Refer To It If Needed.

For Hosting Accounts, See Also Terms Of Hosting Service: Incorporated By Reference Herein Regarding Hosting Service and Client Responsibilities For Self Managed Websites, Hosting, Blog, and Email Accounts.


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