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Terms of Service - iMarketing Leader | Website Design | Reputation Marketing | Display Advertising Terms of Service - iMarketing Leader | Website Design | Reputation Marketing | Display Advertising

Terms of Service

Payment Schedule VS Work Schedule And Reporting

Marketing Work Report Conditions

Work reports will be provided as proof of work done where applicable. Web Design builds do not require work reports because all work completed will be evident when the website is turned over. Marketing campaigns come with work reports. If the marketing services within the proposal are “one time only” based services then a work report will be provided within one month of collecting payment for said services. If the marketing campaign is comprised of monthly workloads, then work reports will be delivery on a monthly cycle.

Monthly Work Based Marketing Campaigns

All fees are due up front and then the work will follow. The work will be outlined on the proposal. For monthly campaigns the service fee is due at the beginning of the monthly cycle and the work will be complete as outline by one month from the initial invoice date. For example, if a campaign is launched on the 15th of month 1, then the work will be completed by the following 15th of month 2, as well as the work report. To summarize, payment is required up front, and the monthly work will be completed by the end of the monthly cycle.

Web Design Campaigns

Agency agrees to have Client’s website completed no later than the agreed date. This deadline can be reached only if the Client has provided all necessary graphics, text content, and logins to Agency on time. The Agency shall not be held responsible for delays to site development arising out of Client’s delays in providing graphics, text, and logins to the Agency.

If website is not completed by within 60 days of down payment due to lack of Client assistance, the Agency may
a) Extend the project deadline or
b) Close the project and bill Client for work completed at $50 per hour, or
c) The Agency will create a website using all content that has been provided, and send a final bill for work completed to meet the project deadline.

Completion. The Agency will submit final website to Client for approval in writing. Time required to make changes to website after the Agency has already received final Client approval of the website will be added to the final bill. If Client has already received the final bill, time required to make changes to website after Client approval will be submitted to Client as a separate bill.

Client Authorization

  • Client authorizes the Agency to access their website in order to make necessary changes for optimization reasons. This access commonly comes in the form of FTP Access, CMS access, and/or “other” administrative backend access depending on the website itself. The client authorizes the Agency to communicate directly with any third parties, e.g., your web designer, if necessary and will grant unlimited access to existing website traffic statistics such as Google Analytics and Google Webmaster.
  • Client authorizes the Agency to use all Client logos, trademarks, web site images, videos, etc., for use in creating informational pages and any other uses as deemed necessary by the Agency for search engine optimization.
  • Client authorizes Agency to make content revisions to their existing website pages, which would include rewriting or altering the page title, Meta description tag, page headers, body text, and the footer.
  • Client authorizes Agency to utilize third parties where necessary to help with optimization tasks.
  • Client authorizes Agency to perform all work outlined in the work detail document.

Client Responsibility

  • If the Client’s website is lacking in textual content, Client will provide additional text content in electronic format for the purpose of creating additional or richer web pages. The Agency can create site content at an additional cost to the Client as an alternative.
  • Communication between the Agency and Client is essential to complete said services. The client must respond within 3 business days of a request for approval or feedback in order to maintain the project schedule. Approval delays or providing required materials to the Agency could cause corresponding delays in future tasks and cause the Agency to be late when providing work reports.

Release of Liability

 Client acknowledges the following with respect to services:

  • The Agency has no control over the policies of search engines with respect to the type of websites and/or content they accept now or in the future. The Client’s website may be excluded from any directory at any time at the sole discretion of the search engine or directory.
  • Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms and other competitive factors, Agency does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase or search term.
  • Due to the unpredictable nature of search engines, the Agency is not responsible for any loss of revenue due to the ranking or placement or the lack of such for the client’s website within the search engines.
  • The Agency is not responsible for changes made to the Web site by other parties that adversely affect the search engine rankings of the Client’s Web site.
  • The Agency is not responsible for other parties overwriting SEO work on Client’s site (e.g. Client’s webmaster making changes and uploading over work already provided). The Client will be charged an additional fee for re-constructing Meta Tags, or other undesirable overwrites made by another party.
  • Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to the Agency for inclusion on the website or marketing materials, are owned by Client, or that the Client has received permission from the rightful owner(s) to use each of the elements. The Client will hold harmless, protect, and defend the Agency and its subcontractors from any liability or suit arising from the use of such elements.
  • Some search engines, directories, and article/press release publication sites may take as long as 6 to 12 months, and in some cases longer, after submission to list your site or publish the submitted content. Occasionally, search engines and publication sites will stop accepting submissions for an indefinite period of time. The Client understands that although work will be done to publish content, and submit their business into online directories, publication of content and successful directory submissions are not guaranteed.
  • Links that have been built to the Clients website are not guaranteed to last forever. The lifetime or duration of a link built to the Client’s website is dependent on the Webmaster of the corresponding webpage containing the back-link and the search engines decision to index the page containing the back-link. The Agency will make its best effort to build links that will last longer, as opposed to shorter. When links built to the client’s website are documented on the work report, the Agency does not hold liability or responsibility for links that are no longer active or for broken links.
  • Certain factors can take a website offline or tell the search engines to not index a particular website or webpage. If a website goes offline or is de-indexed by the searched engines because of malware, a virus, robots txt, or another misc. reason, the Client does not hold the Agency liable for this.
  • Not all components of the marketing campaign are reportable. The Client agrees not to hold The Agency liable for such line items in which no work report is provided.
  • The Agency’s obligation to perform Services hereunder shall be excused without liability when prevented by strike, act of God, governmental action, accident, act of war, act of terrorism or any other similar condition that is beyond its reasonable control. Client’s obligation to pay any fees shall continue except during any suspension due to Agency’s inability to perform under the Agreement(s).
  • The Agency’s obligation to perform Services hereunder shall be excused without liability when Client does not perform in accordance with Client’s obligations under the Agreement(s). The Agency agrees to resume performance of Services as soon as practicable following cessation of such condition.
  • The Agency makes no representations or warranties, whether written, oral, express or implied, with respect to the services, including, without limitation, all reports, summaries, information or recommendations prepared or issued, or additional services, if any, or with respect to any other matter hereunder. Each party hereby expressly disclaims any and all implied warranties.
  • Limitations of liability and damages. In no event shall either party be liable, whether in contract or in tort, for any lost profits, lost savings, lost data, lost or damaged software, or any other special, indirect, consequential, incidental, or punitive damages arising out of the agreement(s), regardless of whether such party had notice of the possibility of any such loss or damage; provided, however, that the limitations in this paragraph shall not apply to either party’s indemnification obligations or breach of the contract terms.

Arbitration and Governing Law

Confidentiality Agreement

Payment Terms Of Agreement

One Time Service Agreement

For one time service orders, such as website design, The Client will be required to pay 50% up front and 50% upon completion of the website. If The Client requires additional web design work outside of the scope of the proposal this will be billed at an hourly rate of $100. The Agency will not proceed with any work that would exceed the original estimated total until receiving approval from Client for the new estimated total. 

Agreement and Service Termination

Month to Month Marketing Agreement Termination

 If The Client wishes to end services and they are on a month-to-month service agreement, then the client simply has to submit in writing the request to cancel services 30 days ahead of time.

Multiple Months or Annual Marketing Agreement Termination

 If the Client is on a multiple months or annual service contract, then they may end contract anytime by making a full payment of the remaining monthly fees. Alternately, the Client may terminate the Agreement on 30 (thirty) days written notice, without any penalty, if Agency makes a material amendment to these standard terms and conditions that is to the detriment of the Client.

Agency may terminate the Agreement at any time without further notice if the Client has failed to pay the outstanding amount within a period of 30 (thirty) days of a written notice to do so. Should Agency terminate the Agreement owing to a lack of payment on the Client’s behalf, the remaining outstanding full contract value will become due and payable.

Web Design Service Termination

In the event of cancellation of this assignment, the Agency shall retain ownership of all copyrights and any original artwork.

The Client may cancel work on the website at any time by submitting notice to the Agency via email to support@imarketingleader.com or using the message feature within the project management platform (imarketingleader.teamwork.com). The Agency will halt work upon receipt of email from Client requesting cancellation. At that time, Client will be responsible for paying for all work completed prior to the Agency’s receipt of cancellation request. Work completed shall be billed at an hourly rate of $100 per hour. If, at the time of request for refund, work has been completed beyond the amount of work paid for by the initial payment, the Client shall pay for work completed.

The Agency reserves the right to refuse service and cancel a website project if necessary, in which case, the balance of the initial payment will be returned to Client after all applicable fees have been deducted for work completed. The Agency may cancel the project for any reason deemed necessary, including but not limited to Client not providing necessary information, text and graphics in a timely fashion to the Agency.

Refund Policy

There will be no refunds for work completed. In short, we have a NO Refund Policy.

Monthly Service Fee Payment Schedules

Monthly services exist on payment schedules.  All monthly invoices will correspond with your initial launch date and will be billed 7 days before the due date or auto-billed if your credit card was supplied to the billing system. There will be a five (5) day grace period to receive the full monthly service fee. If the payment is not collected within five (5) days of the invoice due date, then the campaign will officially be put on hold pending payment.

Non-Payment and On Hold Re-Activation Terms

When monthly service fees are not paid within the five (5) day grace period, the campaign goes on hold. In order to re-activate your campaign we will charge a re-activation fee of $25.00, if payment is received under 30 days past due on the most recent invoice. Once re-activated the campaign will re-launch within 5 business days, and continue on a monthly billing cycle respectively to the re-launch date.

Once a campaign reaches 30 days plus outstanding on the most recent invoice, all reporting and login credentials to Agency reporting systems will be deleted. This means Client will lose all history to any ranking reports, custom analytics reports, and potentially to work reports. To re-activate a campaign that has gone 30 days or more outstanding on the most recent invoice, we will charge a re-activation fee of $100.00.

Payment Methods

Payment should be made via PayPal, check, wire transfer, or credit card.

Additional Fee Conditions 

PPC Fees

If the Client is availing of a Pay Per Click marketing campaign in Google, Yahoo, Bing or Facebook the below applies. As an additional expense the Client is responsible for all spend and fees associated with PPC ads by providing payment directly to the search engine account or reimbursing payment to iMarketing Leader for indirect payment to the service providers.

Fixing of Unforeseen Website Errors and Issues

 If The Client is engaged in a optimization campaign the following applies. During month 1 of on page optimization, it is possible that the Agency will encounter unforeseen errors and issues within the website. If the Agency requires these errors or issues to be fixed, this will come at an additional charge to the Client.

Additional Website Content Fee

 If the Client is engaged in a optimization campaign the following applies.   The initial proposal does not include a charge for website content writing. During month 1 the on page team will analyze the website to determine if the target URL’s require additional content or not. Sometimes new pages are required to be created or additional content will be required on an existing page. To quote this on the initial proposal would take too much time and analysis. Therefore please be advised that content creation is not included in this proposal. The Client will need to create content in a timely manner consistent with instructions given by the Agency. If The Client chooses to have the Agency perform this duty there will be an additional charge for this.

Miscellaneous Additional Service Fees

Any revisions, additions or redesign the Client requests the Agency to perform that is not specified in this document shall be considered “additional” and will require separate addendum and payment. Agency shall advise the client on any requested work that falls within these bounds.

Credit Card Chargeback Policy And Procedure

Fraud policy

The Agency does not tolerate credit card and online fraud, and all fraud, without exception, will be prosecuted to the full extent of the law. In the event of fraud, we will pursue civil legal action seeking to recover any loss of income related to the fraud, including business, legal fees, research costs, employee down time and loss of revenues.

Fraudulent Disputes and Chargeback Policy

The Agency offers extremely reputable services and always provides proof of work done by work reports at the end of the monthly cycle. By entering into this contract Client understand that results are never 100% guaranteed and as long as the work is rendered by the end of the monthly service period the Agency has fulfilled their responsibility. We do have a cancelation policy in place for those that wish to terminate services early. As a competing business in a large market the Agency cannot afford to have credit card fraud and frivolous reversals. Therefore the Agency adopts strong legal measures to protect their online business and help the online community, including credit card processors, banks and other institutions to combat repeat offenders.

Please note, even if the Client files a chargeback due to “services not rendered” or “services not as advertised” and the credit card company issues Client the chargeback, this does not mean that the Agency will not take illegal actions. Even credit card companies encourage merchants to take additional legal actions on chargeback’s unjustly issued to the client. As long as the end of the stated deadline has done work, any charge back successfully issued is illegal and will be combated. The Agency will pursue civil legal action seeking any loss of income related to the fraud, including business, legal fees, research costs, employee down time and loss of revenues.

Investigative Fee

If the Client does not take advantage of our cancelation policy or arbitration process and unilaterally places a charge reversal request (chargeback) with the credit card company or any third parties including PayPal, on purpose or by mistake, for any service order placed, and that has already been partially completed, there will be a $150 USD research fee charged to your account to cover investigative expenses to prove that the Client did make the purchase and the Agency did fulfill the order or are in the process of fulfilling the service order. By entering into this contract the Client agrees to pay this fee in addition to being liable for the service cost.

Post-Dispute Collection and Reporting Policy

The Agency considers illegitimate credit card charge-backs to be fraud if the Client made no reasonable effort to notify the Agency that a problem existed, or to resolve or clarify a situation or matter.

In the event that the Client wins the charge back with the credit card company or PayPal and the Agency believes a fraudulent dispute has not been resolved fairly through the financial intermediaries that partake in the transaction, the Agency will exercise their right to recover the fraudulently disputed charges plus additional costs via a third-party collection agency and the Client’s account will be reported to all credit bureaus as a delinquent collection account.

The Agency considers charge reversal attempts to be frivolous/unwarranted/fraud if one of the items below is true:

  • Client made no reasonable effort to work with Agency to resolve any problems with the service
  • Client did not follow the arbitration procedure outlined in this contract
  • Client has not taken advantage of our cancellation policy and seek to reverse the transaction and obtain a refund outside of the agreed terms of service
  • Client chargeback claim is under the category “services not as advertised” or “services not rendered” even though we have provided work reports or are in the process or fulfilling the monthly services within the stated deadline.

A simple phone call, email or letter normally resolves any misunderstandings.

Fraudulent Chargeback Steps Taken by The Agency

A “chargeback” occurs when the Client disputes a credit card charge. A fraudulent chargeback occurs when the Client attempts to dispute a charge for services that they have actually purchased. Attempting to dispute a valid credit card charge is fraudulent and is illegal. The Agency does not tolerate chargeback fraud, and we follow the following procedure when it takes place:

1. If Client attempts to dispute or deny a valid charge, we will first contact Client directly, because most disputed charges occur as a result of the customer not recognizing the Agency’s charge on their statement. Client will have ten (10) calendar days to reverse their dispute upon receipt of mail or our e-mail.
2. If Client does not reverse the dispute or otherwise attempt to resolve the situation, the Agency will file a police report with their local authorities and seek criminal charges against Client.
3. The Client’s account will be turned over to a collection agency, which will initiate collection activities as well as report their account as delinquent to all of the major credit bureaus.
4. If Client still do not resolve the situation by either reversing the dispute or reimbursing the Agency for the amount disputed plus the bank fees, the Agency will file a civil lawsuit against Client for the amount disputed, for bank fees related to the chargeback, for additional damages for the harm the Client chargeback causes to the Agency’s merchant credit record, and for punitive damages as the courts do not take credit card fraud lightly.

Last Updated 2/24/2015