The following represent the terms and conditions for Power Listing, Website Design, SEO, Social Media Marketing etc., and apply to all Agreements undertaken by SEO Boost for Business (“SBfB”) for its Customers. These terms and conditions are subject to change at any time at the sole and absolute discretion of SBfB. Notice of change will be sent to Customers via email and will be in full force at the time of delivery. Email notice(s) will be considered delivered to Customer if SBfB does not receive the notice back as undeliverable.
NO GUARANTEE OF RESULTS
Customer acknowledges that this Agreement provides NO GUARANTEE with regard to the success, derived benefits, response or the number of Customers your Website will produce. Websites are an informational Marketing Media and result cannot and are NOT GUARANTEED. SBfB does not guarantee uptime and is not responsible for damages, or deletion of files, databases, or any other resource. SBfB will made every reasonable effort to ensure that any and all products, services and/or programs introduced and/or utilized on your Website are represented as accurately as possibly in all their aspects, including their potential for income. All earning and income statements made by us are merely calculated estimates of what we think you can possibly earn based on the information you have provided to us, your position in your market/industry, and your utilization of the activity and interest your Website generates. SBfB is not you and it is up to you to take advantage of what your Website provides in the way of Customers and/or leads. There are NO GUARANTEES that you will ever reach these income levels and you must accept the fact that earnings and income may greatly differ from one individual to another. Your results may vary based on factors which include but are not limited to: business experience and hard work, commitment and ability to follow the program, as well as each person’s level of desire. SBfB provides NO GUARANTEES of new or additional business and/or Customers, or success of your Online digital marketing programs including the success o f your Website however gauged.
SBfB will endeavor to ensure that the website and any scripts and/or programs are free of errors. SBfB does not accept responsibility and Customer acknowledges that they will not hold SBfB liable in any way for any losses incurred due to malfunction or performance of the website or any part of its operation. The website, graphics and any programming code remain the property of SBfB Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by SBfB remain the copyright of SBfB and may only be commercially reproduced or resold with the permission of SBfB. SBfB cannot and does not take or accept responsibility for any copyright infringements caused by materials submitted by the Customer. SBfB reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. Any additions to the Website will be carried out at the discretion of SBfB. SBfB will endeavor to ensure that the website additions and any scripts and/or programs utilized in the addition are free of errors, and SBfB reserve the right to charge for additions. Customer agrees to make available as soon as is reasonably possible to SBfB all materials required to complete the site to the agreed standard and within the set deadline. SBfB will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. SBfB will not be liable or become involved in any disputes between the Customer and their clients and cannot be held responsible for any wrongdoing on the part of a Customer. SBfB will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the Customer or any of the clients of Customer. SBfB will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided.
TERM AND TERMINATION OF AGREEMENT
Each “Complete Package” (Packages identified and selection made on Page 2 of 5 & 3 of 5 of the “SBfB Development Agreement”) contains two-(2) separate billing elements: (1) a “One-Time” non-refundable Fee for the initial production and creation of the custom product, and (2) a Monthly recurring element. The Monthly recurring element is subject to the term as noted on Page 2 of 5 and or page 3 of 5 of the “SBfB Development Agreement” and associated with the specific selected services/products selected by Customer. This Agreement may be terminated immediately by SBfB in the event of a breach of any representation, warranty, condition, provision, section or covenant in this Agreement. Customer shall have the right to cure any breach that is susceptible of cure during the initial FIVE (5) days from the date of discovery and if the breach is cured to the reasonable satisfaction of SBfB, this Agreement shall not be terminated and shall continue in full force and effect. In any event of early termination all fees for the full term of the Agreement are immediately payable and Customer hereby authorizes SBfB or its’ agent to collect said fees from any account owned by Customer and/or guarantor(s) via Automated Clearing House (ACH) Transaction and/or any other legally viable method. Additionally, Customer agrees that, if the Customer Agreement is terminated before completion of the initial term or any subsequent renewal term(s) of the Agreement for any reason other than a material uncured breach by SBfB, Customer will pay SBfB damages for the loss of fee income. SBfB entered into this Agreement to provide services based in part on the fee income the account would generate. Termination for any reason other than a material uncured breach by SBfB would deprive SBfB of the fee income they negotiated for and Customer agreed to pay. To calculate the damages SBfB will calculate the fee income that would have been generated for the full term of the Agreement. Customer acknowledges that the damages noted herein are not a punitive act but represent a reasonable calculation of the financial harm caused by Customer for termination of the SBfB Development Agreement before completion of the initial term or any subsequent renewal term(s).
SUPPLEMENTARY DOCUMENTS; FEES
A Semi-annual JCann Network Registration fee will be charged in the amount of $105.95. This fee will apply to all SBfB accounts in each Calendar Year regardless of enrollment time. This Fee is not refundable for any reason and cannot be pro-rated or abated in any way.
PROPRIETARY SOURCE CODE
All proprietary source code will at all times remain the sole and exclusive property of SBfB.
SUPPLY OF MATERIALS
Customer must supply all materials and information requested and required by SBfB to complete the work in accordance with this Agreement. Failure of Customer to supply materials and/or information may result in any issued deadlines and SBfB will not be responsible in any way for deadlines missed due to failures of Customer to provide any materials and/or information.
SBfB makes no specific claims as to posting positions on search engines. SBfB will work with Customer to optimize their Websites exposure and increase traffic which are contributing factors to search engine posting positions. Each search engine has their own individual criteria for placement and “Keyword” emphasis, which SBfB will utilize to enhance the posting position of your Website, but SBfB makes NO GUARANTEES as it relates to search engine posting positions.
CONTENT PROVIDED BY CUSTOMER
SBfB will not post or allow to be posted on any Website content that is deemed to be illegal, pornographic, or morally objectionable in the sole and absolute discretion of SBfB.
CONSULTATION WITH ATTORNEY
CUSTOMER ACKNOWLEDGES THAT THIS IS A LEGAL DOCUMENT AFFECTING CUSTOMER’S RIGHTS AND OBLIGATIONS. CUSTOMER FURTHER ACKNOWLEDGES THAT IT HAS
BEEN ENCOURAGED TO HAVE THIS AGREEMENT REVIEWED BY COUNSEL OF CUSTOMER’S CHOOSING PRIOR TO ENTERING INTO THIS AGREEMENT AND THAT CUSTOMER HAS CONSULTED WITH SUCH COUNSEL TO THE EXTENT IT DESIRES TO DO SO. Customer acknowledges that they are entering into a legal and binding agreement and are fully aware of all ramifications therein.
JURISDICTION AND VENUE
THIS AGREEMENT AND ALL QUESTIONS ARISING IN CONNECTION HEREWITH SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE
OF COLORADO, AND ALL S UITS HEREUNDER OR IN RESPECT HERETO BY EITHER PARTY SHALL BE INSTITUTED IN THE COLORADO COURTS. FURTHERMORE, CUSTOMER
HEREBY SUBMITS TO THE JURISDICTION AND VENUE OF THE COUNTY COURT OF ARAPAHOE COUNTY, COLORADO, THE DISTRICT COURT OF ARAPAHOE COUNTY,
COLORADO, OR IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO, AND HEREBY CONSENTS TO SERVICE OF PROCESS AT CUSTOMER’S ADDRESS AS SET FORTH HEREIN.
Increase in price with upgraded packages is due to content requirements. All base prices are subject to change based on specific requirements and specifications for a full site build or rebuild. Customer has the opportunity to review website content before finalization and make up to 2 revisions to the proof; any additional revisions requested after final proof are subject to incur additional fees. Built and rebuilt websites are NOT eligible for revision after proof has already been approved by customer – any revisions made to a website after it has gone live will incur an additional setup fee. Websites not hosted on SBfB servers may suffer from inadequate bandwidth requirements for select services. For more information please speak with your SBfB consultant.