Client Terms of Serivce Agreement
Description of types services rendered and expectations:
SEO: "SEO" is the process of search engine optimization. While we do put in a whole hearted effort and do our best to achieve results for our clients in a manner which respects the majority of search engine rules the internet marketing industry is a rapidly and constantly changing one. Therefore, the client understands and agrees that Verdad Media, LLC cannot be held legally or otherwise responsible for failure to achieve desired rankings.
Web Design:
Web Design is the process of building a website which may or may not consists of one or more of the following types or combination of files. This includes but, is not limited to images, css code, php code, html code, source code, MySql, JavaScript, and Java.
A "Micro-Site" is considered to be a realatively small website in terms of the number of pages it has. Micro-sites generally have several web pages that offer highly targeted content and link back to the client's website. The goal of a micro-site is to attract potential customers for the client and or provide quality backlinks to the clients site.
Client hereby understands and agrees that unless otherwise explicity stated "Micro-Sites" shall remain the sole property of Verdad Media, LLC. Micro-sites are designed with the sole purpose of assisting in the promotion of the client(s) website. When a micro-site is purchased that does NOT give client the rights to the domain name, access to the web host or rights to the design. Domain names purchased for this purpose shall also be subject to our Domain name acquisition policy.
PPC Management policy:
Verdad Media, LLC cannot be held liable for any changes client makes to clients account based on any written documentation, recommendations over the phone, in person, or any other form of communication whether expressed or implied. Any changes made to a client's account by Verdad Media, LLC have been performed in Good Faith with the intention of helping the client meet their objective(s). As such Verdad Media, LLC cannot be held responsible for any negative impact including but, not limited to monetary loss as a result of modifications made to clients account or as a result of taking advice from Verdad Media, LLC.
Domain name acquisition policy:
Client hereby agrees and understands that unless otherwise explicitly stated in writing all domain names acquired on behalf of clients shall remain the property of Verdad Media, LLC. Client also agrees that Verdad Media, LLC is under no obligation to surrender a domain name for any reason even if such domain name contains the client's personal or company name. Client agrees that at Verdad Media, LLC's option we may rent, lease, giveaway, transfer ownership, or offer for sale any domain name that is under our control at any time. In the event the sale of a domain conflicts with a client's existing service agreement with Verdad Media, LLC we may at our sole discretion provide a similar service by using a comparable domain name. Client agrees that it shall be Verdad Media, LLC's sole discretion as to what constitutes a comparable domain client agrees and trusts Verdad Media, LLC's decision.
Graphics:
Client releases Verdad Media, LLC of any liabilities as a result of receiving or using the graphical services. Client hereby agrees to hold Verdad Media, LLC and any person whom has been hired by Verdad Media, LLC as an employee or independent contractor free from any liabilities with the exception as to where it may be prohibited by law.
Digital Media Buying and Traffic Services:
Verdad Media, LLC works hard to identify and work with quality traffic service providers. Verdad Media, LLC believes in good faith that the client will receive what they have purchased. However, client agrees and understands that traffic services are typically provided by 3rd party companies client agrees to hold Verdad Media, LLC free of any and all liabilities resulting from inability to deliver traffic, traffic quality, or failure to meet client requirements. Due to the nature of traffic services this service is non refundable. Verdad Media, LLC reserves the right to change the traffic provider at our sole discretion.
Website Errors: All visitors will be delivered to the URL specified on the order placed by Client. In the event of an error with the submitted URL, or unavailability of the server or network this URL points to, Client will not hold Verdad Media, LLC and or its partner sites responsible for the error. Any visitors delivered to Client's URL reflecting the error will not be credited or entitled to a refund. In the event of a website error, Client may contact Verdad Media, LLC and inquire as to the posibility of pausing their campaign however as our partner networks operate differently client understands that the ability to pause a campaign may not be available.
Performance of Advertising: Client understands that Verdad Media, LLC does not guarantee sales or leads as a result of their order and will not issue a refund if none are achieved. No guarantees are made of your website's click-through or conversion rate.
Services Rendered in Advance & Post Billing:
In Verdad Media, LLC's sole discretion we may elect to allow a customer to pay following the delivery of a good(s) or a service(s) being rendered and or executed. As a result of the nature of digital goods and services pricing is sometimes difficult to estimate or calculate until after a service is completed. In this situation the client agrees to pay the fees that Verdad Media, LLC determines appropriate for the good(s) and or service(s) rendered and or provided.
Presiding Law:
Client agrees that any and all legal disputes are to be held in the legal district of Verdad Media, LLC's state of incorporation or at Verdad Media LLC's option a more convenient place as determined by Verdad Media, LLC.
Taxes owed:
Verdad Media, LLC does not include taxes in prices due to the nature of our business. Therefore, the client is responsible for paying any and all sales or other taxes incurred through the process of doing business with Verdad Media, LLC.
Refund Policy:
Due to the nature of digital goods and services client agrees that no refunds will be made or are required to be issued except where such denial of refund is prohibited by law. In the event of a refund such refund will be limited to a maximum of the initial good or service provided less any fees incurred by Verdad Media, LLC. All fees for products and services are rounded to the nearest whole dollar or as specified by Verdad Media, LLC.
Anti Competition Clause:
Client Agrees not to bid on any keywords via methods of Paid Search, Pay Per Click, or any other advertising method or network they may negatively impact Verdad Media, LLC, its owners, staff, partner companies, or associates. In addition, client agrees to not bid on any keywords that may be misleading to a reasonable person this includes but, is not limited to misspellings. Client agrees not to use any of the following terms or derivatives of such terms in any ad text or imagery without written permission:
- Gary Pollock
- Verdad Media, LLC
- Experience True Results™
- Connecting Businesses with Searchers™
- Connecting Searchers with Businesses™
Communications:
Client hereby acknowledges and agrees to all phone calls being recorded with or without notice. All recordings may be used for any purpose(s).
Additional Notes
System Resource Usage Policy:*
If Verdad Media, LLC determines that a customer's account is utilizing an unacceptable amount of system resources, Verdad Media, LLC may temporarily deactivate the account in question. If Verdad Media, LLC's staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to find another web host. Please note that such account suspension / termination typically only occurs in extreme cases. Verdad Media, LLC will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually. At any and all times all data on clients account and passing in and out of the portion of the server being used by the client must be lawful and not violate any other prevision in this document. Such violation is grounds for termination of services without refund.
Failure to Follow Policies:*
Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to Verdad Media, LLC's discretion). Any accounts and/or servers contained within Verdad Media, LLC's network must adhere to the above policies. We reserve the right to remove any account without prior notice. If we deactivate your account for violating our policy, you will forfeit your rights to a refund and no refund will be given unless at our sole discretion we determine otherwise. Client acknowledges and agrees that there are no refunds for advanced payment. Our normal policy is a warning first, and account deactivation on the second offense, but no warning is required. Termination on the first offense will depend on the severity of such offense as to be determined by Verdad Media, LLC. Client also agrees to abide by all terms of service as set forth by our hosting provider www.Site5.com and or any other web hosting company we use to provide you with services.
Remote Data Storage Policy:*
At certain times where Verdad Media, LLC sees fit we may offload some or all bandwidth usage, disk storage, and or all other hosting services to a third party. In such event client automatically agrees to be bound by new host's terms of service and policies as set forth by them or by Verdad Media, LLC. Typically such data offsetting is done in the event of high traffic volumes, website performance optimization, security breaches, etc.
* Respective section as denoted by the asterisk (*) symbol applies to customers who are using web hosting services provided by Verdad Media, LLC, Site5, LLC or other 3rd party companies whom Verdad Media, LLC does business with.
Payment Policy:
Client terms of service - Last Updated: 1/28/2011