TERMS AND CONDITIONS

Definition of Terms

  • The terms “We”, “Us”, “Our”, “Company”, or “Contractor” refer to Marketing Boost, its agents and its products and Services.
  • The terms “You”, “User”, or “Client” refer to you, the user of the website and receiver of Services.
  • The term “Services” refers to the services described in the “Proposal”, and any additions that may arise.
  • The term “Proposal” refers to the description of Services sent out to the client of work to be done.
  • The term “Agreement”, or “Terms” refers to this agreement.

Conditions of Service

These are the Terms and Conditions which apply to all Services provided by the Company. Acceptance of a Proposal issued by the Company and payment by the Client constitutes acceptance of these Terms by both Parties: you the Client and we as the Company.

Our services can be used only for lawful purposes. Any conduct or activity which would qualify as illegal under national or international laws will be banned, and it will be the exclusive responsibility of the Client to burden any legal penalties that may apply.

We reserve the right, acting in our sole discretion and at any time, to revise these Terms, including the Privacy Policy. It is your responsibility to ensure that You are aware of the current Terms when you access or use the Site.

Cooperation and Reliance

The Client and Company must work together to complete the Service in a timely manner. The Client shall make available to the Company such information or materials as is reasonably required for the Company to effectively fulfill and perform the Services. In the unlikely event that the Client cannot deliver the information to the Company, then the Client shall not hold the Company responsible for failure of execution of Services.

Use of Client Brand Assets & Materials

Client represents and warrants to the Company that the Client is the owner of, or has the right to authorize the Company to utilize, any and all materials as are necessary to perform the Services, and the use of such materials a does not and will not infringe any existing copyright, violate the right of privacy, or constitute the invasion or infringement of any other personal property right of any third person or other entity.

Confidential and Proprietary Information

Client acknowledges and agrees that this Agreement, pricing information, any and all documents, materials and information produced by the Company in connection with the Services constitutes valuable trade secrets of the Company. Client shall keep the Confidential Information in confidence and shall not disclose or make available to anyone, any part of the Confidential Information.

Relations of Parties

The Company will act as an independent Contractor under the terms of this Agreement and to perform specific Services. The manner and method of performing such obligations will be under the Companies sole control and discretion, the Clients sole interest is in the result of such services.  The Company shall retain the power and authority to supervise and control performance of the Services by the Company’s employees, including the power to discipline, hire and fire Company’s employees. Nothing in this Agreement shall be construed to give either Party the power to direct or control the daily activities of the other Party, or constitute the Parties as employer and employee.

Employee Solicitation and Hiring

During the length of this Agreement and for twelve (12) months after the termination of this Agreement, both Parties agree to not directly or indirectly solicit, recruit or induce any employees to terminate his or her employment relationship with the other Party, especially if this is done with the intent of recruiting any employee to one’s own business. In addition, neither Party will offer any ‘side-jobs’ to employees of the other company, without written approval from the Client and/or Company.

Prices

All Services have a price or price range established in accordance with the characteristics of work required and the development time invested to achieve them. These prices may be subject to adjustments to offset possible market changes, or temporarily replaced by special promotions. The price covers only the specific Services stated in the Proposal. If the Client wants additional Services the Client shall be responsible for making payments for the requested additions.

Payments and Billing

In order for the Company to remain in business, payments must be made promptly. Invoices are due upon receipt. If the Client fails to make payments in a timely manner, the Company at its discretion may stop all or part of any Services being performed for the Client until overdue balance has been paid.

The Company reserves the right to require a reasonable fee beyond anything specified in the Proposal for requests made from the Client that exceed the agreed upon Services.

Recurring Payments (automatic renewal)

If you purchased a recurring Service using your credit card, the Company reserves the right to make recurring charges to the Clients payment method without seeking continuous authorization. The frequency of renewal can be monthly or annually, depending on the type of Service chosen. For annual renewals, the amount will be charged 30 days before the expiration date on the Service.  Automatic renewal can be canceled at any time by the Client.

Refund Requests

The client may request full reimbursement as long as the Company has not yet started work on the Service. Once work on the Service has begun all payments already made become non-refundable. All refund requests must be made by email.

Service Completion and Expiration

The Service is considered complete once it is delivered to the client and the final payment has been made.  At that point the Agreement is considered fulfilled and terminated.

If for reasons attributable to the client, the flow of activities and communications stops for more than 30 days without previous notice, the Company shall issue a communication addressed to the Client alerting of the upcoming expiration of the Service. If communication activities are not resumed within a span of one week after notification, the Agreement will expire and will require renegotiation and reassessment if Service work should resume in the future.

Website Content

All content for the website, be it text or images, should be provided by the Client. If Client does not wish to supply website content, the Company will use generic images and texts in order to complete the website in a timely manner and without having to expand excessive resources to do so. The Client agrees and understands that no two minds think alike, and that it is impossible to guess in advance what the Client wants in regards to images or texts. Once the website is completed and delivered, the Client may then substitute any texts or images at their own discretion.

Intellectual Property Rights

The Client represents and guarantees that all elements of content such as text, photos, graphics, designs, trademarks, audio, video, or other artwork provided to the Company for inclusion in the Service are owned by the Client, or the Client has permission from the rightful owner for use of each element, and that the use of these elements does not violate any law. The Client agrees to hold harmless and indemnify the Company and its agents from any liability or claim (including attorney’s fees and court costs), including claims of copyright or trademark infringement, violations of the rights of privacy or defamation, arising from the use of materials provided by the Client.

Ownership of Intellectual Property

The Company will, at all times, be the sole property owner of all internal processes, all intellectual property, materials and work in progress that is not specifically created for the Client, even if having to do with any generalizable components of the Client’s industry or line-of-business. All ad accounts including Google Ads and Facebook Ads remain intellectual property of the Company indefinitely and Client access to the ad accounts is not permitted. The Client has the right to use the Services only as long as proper payment has been made, or being made on a recurring basis.

Authorship Credit

The Company reserves the right to display elements of the Service as examples of our work, and link to the completed website as part of our portfolio.  The Clients website may be selected to contain authorship credit and link to the Company’s website. This link may be removed at the request of either the Client or the Company at any time.

Accessibility and Usability

The Company will do its best to make the website as accessible, usable, and cross-platform compatible as possible. The Client understands and agrees that no website will look and function identically on all browsers and operating systems and that any attempt to do so is futile, and will hold the Company harmless from any suit that may arise from accessibility or usability issues.

Third Parties

The Company does not endorse and is not responsible for any content, products, or services offered through third parties. We are not responsible or liable for any transaction between you and a third party that was arrived at through the Company, including payment processors, hosting, or any other service providers.

Company shall not be liable for the breaking of website functionality as a result of any updates or modifications made by anyone other than the Company.

Warranty and Disclaimer

The Company warrants that they will perform all Services in a professional manner and will always operate with the Client’s best-interest in mind. Company hereby represents that it has qualified personnel, adequate resources, and necessary experience required to perform the Services in a competent and professional manner. The Services are provided “as is” without warranty of any kind including merchantability or fitness for a particular purpose. Company does not assume any liability to any person or entity for the proper performance of Services. Company does not represent or warrant that the Services are complete or free from error and does not assume, and expressly disclaims, any liability to any person or entity for loss or damage caused by errors or omissions in the Services, whether such errors or omissions result from negligence, accident, or other cause. Under no circumstances shall the Company be liable for any consequential, incidental, direct or indirect damages.

Indemnification

Client hereby indemnifies and holds the Company harmless from any and all liability, claims, demands, loss and damages (including legal fees, attorneys’ fees and court costs) arising out of or connected with any Service performed by the Company for the Client. Under no circumstances shall the Company or any of its agents be liable for any direct or indirect damages that result from the use of or inability to use the Services. This indemnification will survive the termination of this Agreement.

Limitation of Liability

As part of this Agreement, the Client allows the Company to create and publish content, messages, media and advertisements on behalf of the Client to be used for the purposes of Social Media Optimization, Social Media Management, Search Engine Marketing, Search Engine Optimization, Pay-Per-Click Advertising, Display Advertising, Email Marketing, Website Development, Listing Management, Multimedia Development, Direct Messaging, Text Message Marketing, and other marketing activities.

The Client agrees to hold harmless the Company and its affiliates against all liability, loss, damage and expense of any nature, including attorneys’ fees, arising out of the publishing or creation of any content, messages, media and advertisements created on behalf of the Client, regardless of whether the Client participated in or approved of the creation or publishing of such content.

Under no circumstances will the Company be held liable for any damages relating to loss of income or revenue for any reason whatsoever, including the result of errors or omissions, any delay in displaying content, failure to display advertising, failure by third-party service providers, or algorithm changes.

Uncontrollable Events

If the Company shall be delayed or prevented from the performance of any act required by reason of lightning, fire, flood, earthquake, explosion, strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war declared or undeclared, act of the public enemy, civil commotion or other reason of like nature, then the time allowed for performance for such act shall be extended by a period equivalent to the period of such delay.

Jurisdiction and Disputes

Client and Company both agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation and arbitration.  In case that legal litigation may become necessary, this Agreement shall be governed in accordance with the laws of the State of Florida. All disputes under this Agreement shall be resolved by litigation or arbitration in the courts of Palm Beach County, Florida, and both Parties consent to the jurisdiction of such courts.

Cooperation with Law Enforcement

Provided that the proper legal requirements are met, the Company may disclose any Client information to law enforcement agencies without consent or notification to the Client.

Severability

If any of the provisions of this Agreement becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

Acceptance of Terms

Submitting payment for the use of our Services indicates your understanding and acceptance to the terms described in this document.

Cancellation of Agreement

The Agreement between the Client and the Company becomes binding from the moment that you accept the Proposal and make the initial payment, and it will remain sustained until the final payment is completed and the Service delivered or canceled.

Cancellation of the Agreement or any of our Services can be requested at any time.  Any cancellations or changes in Services must be made in written form via email.

The Company reserves the right to refuse Service or cancel the Service for any reason it deems necessary, including but not limited to Client not providing necessary information, text and graphics in a timely fashion. The initial deposit amount would be retained to pay for work already completed and the Agreement shall become null and void at the Companies option.

Hosting Contents

All services provided by the Company can be used only for lawful purposes. Transmission, presentation or storage of any material in violation of any laws is prohibited. This includes but is not limited to: unauthorized copies of music, books, videos, photographs, or any other copyrighted work material. We reserve the right to refuse Service to anyone at any time. Any material that, in our judgment, is offensive, obscene or threatening is prohibited and will be removed from our servers with or without notice.

Backups and Loss of Data

The use of the Hosting service is at your own risk.  You agree to take full responsibility and to maintain appropriate backups of your files and data.  The Company is not responsible for any damage that you or your business may suffer from using our Services, whether loss of files or data or interruptions in service caused by us, our employees, or our providers.

Registration of Domain Name

The person or entity purchasing the domain will be its legal owner.  If the Company is involved it would be only as a technical intermediary between you and the organization that distributes the domain name.  Domain renewal should be paid 30 days prior to expiration. The Company is not responsible for any problems that may occur as a result of the expiration.  The Client understand that there is no grace period, and once the domain name is expired it can be permanently lost if another user registers it.