LOCAL MARKETING PACKAGE – SILVER
This is a legal agreement between the person or organization (“Customer” or “You” or “Client”) agreeing to these Terms of Service (“Terms”) and the applicable contracting entities at business-websites.com / Business Websites (“us,or “we,or “Marketer). Service work to be performed will begin effective on the date payment is received (Effective Date / Date of Purchase). The parties agree to the provision and use of the Company’s services upon the terms of service set forth herein. You represent that you are of legal age and have the authority to bind the Customer to the Order, these terms, and the applicable “Service Descriptions” (collectively the “Agreement”).
Customer agrees to pay $379 for the described marketing package and $229.99 per month for marketing services as described in section 4. Payment details described in section 9.
1. RELATIONSHIP BETWEEN PARTIES. Hereby the parties agree that the Marketer in this Agreement is an independent contractor, as business-websites.com / Business Websites and its employees/subcontracted agents and or companies provides the services hereunder and acts as an independent contractor. The Marketer shall not be considered an employee under any circumstances. This Agreement does not create any other partnership between the Parties.
2. STANDARD TERMS AND CONDITIONS. These terms include and incorporate by reference the “Additional Terms” set forth on (section 17 attached) and any other exhibits or schedules attached to this Agreement.
3. OWNERSHIP. The Parties agree that all products created by the Marketer will remain the exclusive property of the Client, as long as it is relevant to the performance of the Services set forth in this Agreement.
4. BUSINESS MARKETING SERVICES TO BE PROVIDED:
- Research for Keywords, Location, & Services
- Google Business Profile Optimization
- Complete Business Profile Setup
- Comprehensive Description
- Category Implementation
- Service Areas & Territories
- Offers and Events with Backlinks
- Image and Video Placement
- Monthly “Updates” Postings
- 4 Professionally Written Post’s
- Included Backlinks to Website
- Call to Action Implementation
- Monthly Image Additions
- 2 Images Uploaded
- Geo Tagged with GPS Coordinates
- Website Synchronization
- Live Google Map Integration
- Site Content Modifications
- Targeted Keyword Placement
- Profile Monitoring
- Implement Adds and Edits
- Respond to Client Reviews
- Ongoing Customer Service Included with Your Monthly Services
* Local Marketing Services are performed on a month to month time frame with no long term commitment. Clients are required to give notification 30 days in advance of the billing date to terminate the contracted monthly services agreement.
5. MONTHLY SERVICES DETAIL
- 4 Professionally Written “Updates/Posts” each Month
- Each “Update/Post” will Include Back-linking to the Customers Primary Website with a Call to Action
- 2 Images Uploaded and Added to Customers Google Business Profile
- Added Images will be Geo Tagged with GPS Location Coordinates that Corresponds with the Customers Targeted Service Area
- Profile Monitoring
- Monitoring Analytics and Performance for Customers Google Business Profile
- Applying “Adds/Edits” (implementing adjustments)
- Monitoring of “Offers & Events” and Creation to keep “Offers & Events” Current
- Offers & Events” will Include Back-linking to the Customers Primary Website with a Call to Action
- Customer Service
- Ongoing Customer Service with Continued Monthly Participation
* Local Marketing Service Pricing is “Per Location” Additional Discounts are Available for Multiple Locations. Please Contact us for Additional Information Regarding Multiple Location Discounts. Payment details described in section 9.
6. INTELLECTUAL PROPERTY. The Marketer agrees that any intellectual property provided to him/her by the Client will remain the sole property of the Client, including (but not limited to) copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, Confidential Information, or trade secrets. The Marketer will refrain from using such intellectual property upon the termination of this Agreement.
7. OBLIGATION OF CLIENT
- 7.1 REQUIREMENTS. Client acknowledges that the completion of one or more of the services may depend on and require the client’s commitment of certain resources. This is especially relevant in connection with the acceptance of clients “Google Business Profile account access” for contracted services. Client agrees to provide access and permissions to such resources as are necessary to fulfill its obligations under this Agreement and to timely complete and fulfill its required actions in order for business-websites.com / Business Websites to be able to fully comply with its obligations under this Agreement. Client’s failure to provide such resources and to timely fulfill such obligations shall not constitute a basis for the retention of payments and/or allegations of breach of contract by client.
- 7.2 CONTACT INFORMATION. Email and phone number contact information must be kept current. Customer/Client must inform and keep up to date the current contact information (email and phone number) to business-websites.com / Business Websites.
- 7.3 IMAGES. Customer provided images are not required but are helpful. business-websites.com / Business Websites can provide stock images with commercial usage rights if needed.
- 7.4 VIDEO. Videos are not necessary but are a positive attribute to have on a Google Business Profile. All Video is required to be provided by the customer.
8. CHANGES TO SERVICES. We reserve the right to enhance, upgrade, improve, or modify features of our services as we deem appropriate and at our discretion. We will not materially reduce the core functionality (as set forth in the “services to be provided” area) or discontinue any services unless we provide you with prior written notice. We may offer additional functionality to our standard services or premium feature improvements for an additional cost.
9. FEES, PAYMENTS, AND INVOICING
- 9.1 SETUP/OPTIMIZATION. Client agrees to pay $379 to business-websites.com / Business Websites for the Google Business Profile setup and or optimization services as described in section 4. If business-websites.com / Business Websites has designed, developed, and is managing the contracted client website: website modifications and adjustments are included in this initial setup/optimization fee. Website modifications are limited to Live Google Map creation and implementation, location (city/territory), and targeted service keyword structure and placement throughout the website content.
- 9.2 MONTHLY INVOICING. Continued monthly invoicing and payments of $229.99 shall be paid on the 15th of each month for services to be completed the following month with autopay for services described in sections 4 & 5. Invoiced payments shall be paid within 7 days of receipt. Payments not made within such time period shall be subject to service interruption. business-websites.com / Business Websites may suspend all services until the amounts outstanding are paid in full.
- 9.3 CURRENT INFORMATION. You are responsible for providing accurate and current billing, contact and payment information to us. You agree that we may take steps to verify whether your payment method is valid, charge your payment card or bill you for all amounts due. You agree that your credit card information and related personal data may be provided to third parties for payment processing and fraud prevention purposes. Any and all payments you make to us are final and non-refundable.
- 9.4 COMMITMENT. Local Marketing Services are performed on a month to month time frame with no long term commitment. Clients are required to give notification 30 days in advance of the billing date to terminate the contracted monthly services agreement.
- 9.5 MULTIPLE LOCATIONS. Pricing is “Per Location” Additional Discounts are Available for Multiple Locations. Please Contact us for Additional Information Regarding Multiple Location Discounts.
- 9.6 RESOLUTION SERVICES. business-websites.com / Business Websites offers services in assistance with “Google Account Suspensions” and “Multiple Google Business Profiles”. Our fee is $399 per incident or situation. Refer to section 11 for Google Account Suspension service details and for Multiple Google Business Profiles refer to section 12.
10. TERM AND TERMINATION. The initial term commitment for your purchase of services will be 30 days (“Initial Term”) and begins on the Effective Date. Terminating specific services does not affect the term of any other services still in effect. If we permit you to reinstate services at any time after termination, you agree that you will be bound by the “then current terms” and the renewal date that was in effect as of the effective termination date. Neither party will be liable for any damages resulting from termination of the agreement, and termination will not affect any claim arising prior to the effective termination date.
11. YOUR CONTENT. You retain all rights to your content and we do not own or license your content. We may use, modify, reproduce and distribute your content in order to provide and operate the services. You warrant that (1) you have the right to upload or otherwise share content with us, and (2) your uploading or processing of your content in the context of our services does not infringe on any rights of any third party. Each party agrees to apply reasonable technical, organizational and administrative security measures to keep content protected in accordance with industry standards. You agree to comply with all legal duties applicable to you as a data controller by virtue of the submission of your content within the services. If your content, including any personal data (as defined under applicable law, which includes, but is not limited to, the General Data Protection Regulation EU 2016/679 or “GDPR” and data protection laws of the European Union, European Economic Area, Switzerland (collectively, the “EEA+”), and the United Kingdom) and is processed by us acting on your behalf (in your capacity as data controller), we will use and process your content in order to provide the services and fulfill our obligations under the agreement, and in accordance with your instructions as represented in this agreement. Notwithstanding anything to the contrary, this section expresses the entirety of our obligations with respect to your content. “Content” means any text, files, documents, recordings, videos, chat logs, transcripts, and similar data that we maintain on your or your users’ behalf, as well as any other information you or your users may upload to your website and or Google Business Profile in connection with the services.
12. COMPLIANCE WITH LAWS. In connection with the performance, access and use of the services under the Agreement, each party agrees to comply with all applicable laws, rules and regulations including, but not limited to export, privacy, and data protection laws and regulations. Further, customers shall not permit its users to access or use any Service or Content in a U.S. embargoed country or in violation of any U.S. export law or regulation. If necessary and in accordance with applicable law, we will cooperate with local, state, federal and international government authorities with respect to the services. Notwithstanding any other provision in these terms, we may immediately terminate the Agreement for noncompliance with applicable laws.
13. LIMITATION OF LIABILITY. Neither party will be liable to the other party or any other person for indirect, special, consequential or incidental loss, exemplary or other such damages, including, without limitation, damages arising out of or relating to: (1) loss of data, (2) loss of income, (3) loss of opportunity, (4) loss of profits, or (5) costs of recovery, however caused and based on any theory of liability, including, but not limited to, a breach of contract, tort (including negligence), or a violation of statute, whether or not such party has been advised of the possibility of such damages.
14. ASSIGNMENT. We reserve the right to assign any or all of the responsibilities in this Agreement to a third party, subcontracted agency, or independent contractor/1099 employees.
15. GOOGLE ACCOUNT SUSPENDED.
- 15.1 PROFILE STATUS. Google Business Profile “Suspension/Suspended” Status. Google may suspend Business Profiles and users accounts that go against Google’s guidelines. The guidelines may be viewed here: https://support.google.com/business/answer/3038177?sjid=5175991890470772504-NA To request an up to date link to Google’s guidelines please call 425-218-3770.
- 15.2 LIABILITY. business-websites.com / Business Websites is not liable for client caused Google Business Profile Account Suspension or Suspensions.
- 15.3 RESPONSIBILITY. Google’s automated systems have been known to suspend accounts without warning and in some cases with no legitimate reason. business-websites.com / Business Websites is not to be held responsible for any Google Business Profile Account Suspension/Suspensions under any circumstance.
- 15.4 SUSPENSION SERVICES. For assistance with an account suspension we charge $399 per incident for resolution services.
- 15.5 RESULTS. business-websites.com / Business Websites can not guarantee the results of Google’s decision pertaining to suspended accounts and is not responsible for results or outcome.
16. MULTIPLE GOOGLE BUSINESS PROFILES.
- DEFINITION. In some cases there may be more than one Google Business Profile for a business. These accounts can be dealt with but can be very time consuming and the results may vary.
- 16.1 SERVICES. For assistance with multiple Google Business Account Profiles our fee is $399 to assist in submitting to Google information pertaining to said profiles.
- 16.2 RESULTS. business-websites.com / Business Websites can not guarantee the results of Google’s decision pertaining to multiple profiles or accounts and is not responsible for results or outcome.
17. ADDITIONAL TERMS.
- 17.1 THE ADVANCEMENT OF TECHNOLOGY. Google is a constantly changing digital platform. Techniques and practices that are currently effective and produce positive results may suddenly change based on Google’s ever changing landscape, algorithms, and performance factors . business-websites.com / Business Websites is continually making adjustments for Google’s best practices to achieve quality marketing results for our clients. We reserve the right to change our services offered and pricing at any point with written notification to our clients.
- 17.2 RESULTS. Results are not guaranteed. business-websites.com / Business Websites is not to be held liable for any results. Google is an ever changing landscape and results may vary.
- 17.3 NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis and you agree not to bring or participate in any class, consolidated, or representative action against us or any of our employees or affiliates.
- 17.4 GENERAL TERMS. If any term of this Agreement is not enforceable, this will not affect any other terms. Both parties are independent contractors and nothing in this agreement creates a partnership, agency, fiduciary or employment relationship between the parties. No person or entity not a party to the agreement will be a third party beneficiary. Our authorized distributors do not have the right to modify the agreement or to make commitments binding on us. Failure to enforce any right under the agreement will not waive that right. Unless otherwise specified, remedies are cumulative. The agreement may be agreed to online, or executed by electronic signature and in one or more counterparts. No party will be responsible for any delay or failure to perform under the agreement due to force majeure events (e.g. natural disasters; terrorist activities, activities of third party service providers, labor disputes; and acts of government) and acts beyond a party’s reasonable control, but only for so long as those conditions persist.
- 17.5 MARKETING USAGE. business-websites.com / Business Websites reserves the right to use our contracted designs, customer websites, and contracted work for marketing purposes.