Terms of Service Agreement

RE:  Client Managed Hosting, WebSites, Blogs, & Email Accounts:

Contents:

  1. Terms of Service Agreement
  2. Privacy Policy

Terms of Service Agreement:

The following terms and conditions govern all use of the BigMarketingSolutions.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by BIG Marketing Solutions LLC dba BIGMARK Digital Marketing ("BIGMARK"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, BIGMARK's Privacy Policy) and procedures that may be published from time to time on this Site by BIGMARK (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by BIGMARK, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

  1. Your BigMarketingSolutions.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and BIGMARK may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause BIGMARK liability. You must immediately notify BIGMARK of any unauthorized uses of your blog, your account or any other breaches of security. BIGMARK will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    • your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by BIGMARK or otherwise.

    By submitting Content to BIGMARK for inclusion on your Website, you grant BIGMARK a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, BIGMARK will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, BIGMARK has the right (though not the obligation) to, in BIGMARK's sole discretion (i) refuse or remove any content that, in BIGMARK's reasonable opinion, violates any BIGMARK policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in BIGMARK's sole discretion. BIGMARK will have no obligation to provide a refund of any amounts previously paid.

  3. Payment and Renewal.
    • General Terms.
      By selecting a product or service, you agree to pay BIGMARK the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
    • Automatic Renewal.
      Unless you notify BIGMARK before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to BIGMARK in writing.
  4. Services.
    • Fees; Payment. By signing up for a Services account you agree to pay BIGMARK the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. BIGMARK reserves the right to change the payment terms and fees upon seven (7) days prior written notice to you. Services can be canceled by you at anytime on seven (7) days written notice to BIGMARK.
    • Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by BIGMARK to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free BigMarketingSolutions.com services. All support will be provided in accordance with BIGMARK standard services practices, procedures and policies.
  5. Responsibility of Website Visitors. BIGMARK has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, BIGMARK does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. BIGMARK disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which BigMarketingSolutions.com links, and that link to BigMarketingSolutions.com. BIGMARK does not have any control over those non-BIGMARK websites and webpages, and is not responsible for their contents or their use. By linking to a non-BIGMARK website or webpage, BIGMARK does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BIGMARK disclaims any responsibility for any harm resulting from your use of non-BIGMARK websites and webpages.
  7. Copyright Infringement and DMCA Policy. As BIGMARK asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by BigMarketingSolutions.com violates your copyright, you are encouraged to notify BIGMARK in accordance with BIGMARK's Digital Millennium Copyright Act ("DMCA") Policy. BIGMARK will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. BIGMARK will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of BIGMARK or others. In the case of such termination, BIGMARK will have no obligation to provide a refund of any amounts previously paid to BIGMARK.
  8. Intellectual Property. This Agreement does not transfer from BIGMARK to you any BIGMARK or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BIGMARK. BIGMARK, BigMarketingSolutions.com, the BigMarketingSolutions.com logo, and all other trademarks, service marks, graphics and logos used in connection with BigMarketingSolutions.com, or the Website are trademarks or registered trademarks of BIGMARK or BIGMARK's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any BIGMARK or third-party trademarks.
  9. Advertisements. BIGMARK reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
  10. Attribution. BIGMARK reserves the right to display attribution links such as 'Blog at BigMarketingSolutions.com,' theme author, and font attribution in your blog footer or toolbar.
  11. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
  12. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
  13. Changes. BIGMARK reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. BIGMARK may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  14. Termination. BIGMARK may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your BigMarketingSolutions.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by BIGMARK if you materially breach this Agreement and fail to cure such breach within seven (7) days from BIGMARK's notice to you thereof; provided that, BIGMARK can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  15. Disclaimer of Warranties. The Website is provided "as is". BIGMARK and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither BIGMARK nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  16. Limitation of Liability. In no event will BIGMARK, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to BIGMARK under this agreement during the thirty (30) days period prior to the cause of action. BIGMARK shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  17. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the BIGMARK Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  18. Indemnification. You agree to indemnify and hold harmless BIGMARK, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  19. Miscellaneous. This Agreement constitutes the entire agreement between BIGMARK and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of BIGMARK, or by the posting by BIGMARK of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Ohio, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Lucas County Ohio. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Toledo, Ohio, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; BIGMARK may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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Privacy Policy:

BIG Marketing Solutions LLC dba BIGMARK Digital Marketing ("BIGMARK") operates BigMarketingSolutions.com and may operate other websites. It is BIGMARK's policy to respect your privacy regarding any information we may collect while operating our websites.

Website Visitors

Like most website operators, BIGMARK collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. BIGMARK's purpose in collecting non-personally identifying information is to better understand how BIGMARK's visitors use its website. From time to time, BIGMARK may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

BIGMARK also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on BigMarketingSolutions.com blogs/sites. BIGMARK only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.

Gathering of Personally-Identifying Information

Certain visitors to BIGMARK's websites choose to interact with BIGMARK in ways that require BIGMARK to gather personally-identifying information. The amount and type of information that BIGMARK gathers depends on the nature of the interaction. For example, we ask visitors who sign up at BigMarketingSolutions.com to provide a username and email address. Those who engage in transactions with BIGMARK are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, BIGMARK collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with BIGMARK. BIGMARK does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

BIGMARK may collect statistics about the behavior of visitors to its websites. BIGMARK may display this information publicly or provide it to others. However, BIGMARK does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

BIGMARK discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on BIGMARK's behalf or to provide services available at BIGMARK's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using BIGMARK's websites, you consent to the transfer of such information to them. BIGMARK will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, BIGMARK discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when BIGMARK believes in good faith that disclosure is reasonably necessary to protect the property or rights of BIGMARK, third parties or the public at large. If you are a registered user of an BIGMARK website and have supplied your email address, BIGMARK may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with BIGMARK and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. BIGMARK takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. BIGMARK uses cookies to help BIGMARK identify and track visitors, their usage of BIGMARK website, and their website access preferences. BIGMARK visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using BIGMARK's websites, with the drawback that certain features of BIGMARK's websites may not function properly without the aid of cookies.

Business Transfers

If BIGMARK, or substantially all of its assets, were acquired, or in the unlikely event that BIGMARK goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of BIGMARK may continue to use your personal information as set forth in this policy.

Ads

Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by BIGMARK and does not cover the use of cookies by any advertisers.

Privacy Policy Changes

Although most changes are likely to be minor, BIGMARK may change its Privacy Policy from time to time, and in BIGMARK's sole discretion. BIGMARK encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a BigMarketingSolutions.com account, you might also receive an alert informing you of these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

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RE:  SEO, Website Design, 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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