Company Policies – The Fine Print

Following are general Company Policies. Your Agreement and Proposal will provide additional details as to the additional terms of our agreement for your project or campaign.

Privacy

At Webtivity Marketing & Design of the Suncoast (hereby referred to as “Webtivity Designs”) we value your right to privacy and intellectual property, from the initial idea to the completion of your programming and/or web design. We can offer a non-disclosure/ confidentiality agreement for your project if you desire. Your business is your business and unless required by law the information you give us is never disclosed by anyone at Webtivity Designs. We will never sell your information or share it with anyone outside Webtivity Designs unless required by law.

By doing business with Webtivity Designs you give us permission to add you to our email list(s). However we adhere to all CAN-SPAM Act provisions and will honor any requests to be removed from email lists unless we provide an ongoing service for you and communicating with you is necessary to the delivery of such ongoing services.

From time to time, Webtivity Designs may send a “cookie” to your computer. A cookie is a small piece of data that is sent to your Internet browser from a Web server and stored on your computer’s hard drive. A cookie can’t read data off of your computer hard disk or read cookie files created by other websites. Cookies do not damage your system. We use cookies to identify which areas of Webtivity Designs you have visited or customized, so the next time you visit those pages may be readily accessible. You can choose whether to accept cookies by changing the settings of your Internet browser. You can reset your browser to refuse all cookies, or allow your browser to show you when a cookie is being sent. If you choose not to accept these cookies, your experience at our website and other websites may be diminished, and some features may not work as intended. Webtivity Designs may include on this website links to other websites and is not responsible for the privacy practices of such websites.

 

Ownership

All images, code, text, and proposal notes that we develop are the property of Webtivity Designs until payment is received in full. Webtivity Designs has copyright on anything that we have edited, modified or created for your project until full payment is received. At that time ownership and copyright will be turned over to you. Client attests that all materials furnished for projects and/or campaigns are not protected under copyright or trademark by another party.

Process

Webtivity Designs has adopted a Process for our projects/ campaigns that is standardized to our industry and suits the needs of the majority of our clients. If our Process does not meet your needs Webtivity Designs may consider altering it to accommodate your needs, but Webtivity Designs reserves the right to charge for any and all extra time associated with such accommodations.

Project Scope Parameters

During the initial conversation between you and Webtivity Designs, we draft notes to document our meetings and conversations. Our meetings and notes will be used to develop a Proposal. When you have approved the details of the Proposal you will be asked to sign an Agreement which will reference the Proposal and specify the terms of the project and our relationship. Upon signing of an Agreement, you will be asked to participate in an Initial Project Conference at the Webtivity office. This meeting may include the Webtivity Representative who worked with you during the Proposal process, the Designer or Team member(s) who will primarily be responsible for your project, and potentially other parties who have responsibilities related to your project. Team members can travel to your office location for an additional fee. During the Initial Project Conference and prior to the initiation of the project, we will make every reasonable attempt to clarify any questions you may have. Should any item have been overlooked and not addressed in our Proposal, we may, at our discretion, complete these enhancements to the project scope during the website’s production at no additional charge. However, if after the Proposal has been approved, the total Project Amount agreed upon, and the Agreement signed, you decide to make additions, changes, enhancements or adjustments to the project scope, Webtivity Designs reserves the right to estimate the requested additions, changes, enhancements or adjustments and add to the total project amount. You will be asked to sign a Work Order to approve the additional charges. Webtivity Designs reserves the right to request a deposit or full payment on the requested additions, changes, enhancements or adjustments before the project can proceed.

Proofing

During the production of your project, every reasonable attempt will be made to produce the work you have contracted Webtivity Designs to perform. With that in mind you will be asked throughout the process to provide feedback and approvals. Webtivity Designs may also request you cooperatively Beta test our work. Once you have offered your approval Webtivity Designs will continue through the next stages of development for your project. If you determine you would like changes to items you previously approved, Webtivity Designs reserves the right to charge for any and all extra time associated with making the requested changes.

Revisions

The Proposal for your project may specify a set number of revisions allotted through the various stages of your project. This specific number of revisions has been accounted for when developing a price and timeline for your project. If you request additional revisions that what were allotted for any particular stage of your project, Webtivity Designs reserves the right to charge for any and all extra time associated with making the requested revisions.

Template Approval

Please read through each part of the template sign-off contract, the contract is legally binding. Choose the template designed uniquely for your business. Can’t decide? Choose from hundreds of pre-made templates in our library.

Deadlines and Timelines

The Proposal and Agreement will include an approximate Timeline for your project. This Timeline is developed for pricing purposes and assumes your full cooperation throughout the project and ability to supply content, feedback and/or approvals as requested and/or required. Upon the signing of the Agreement, a project start date and completion date will be mutually agreed upon. If project Timelines or Deadlines are delayed due to your inability to supply content, feedback and/or approvals in a timely fashion, Webtivity Designs reserves the right to place your project on hold until such time that an opening in the project schedule appears. Webtivity may not have the ability to prioritize your project at a later time if deadlines and timelines are missed due to your inability to supply content, feedback and/or approvals as requested and/or required. Webtivity Designs reserves the right to charge additional fees to reinitiate your project once the project Deadline has been missed.

Payment

Webtivity Designs accepts Visa, MasterCard, Discover, checks and cash. Payment for our services typically requires a 50% non-refundable project deposit, and additional payments at specific milestones throughout the project. The remaining project balance will be due upon completion and prior to the launch of your project or release of your materials.

Security

Protecting your website and data is of utmost importance to us. However, no hosting environment, website or anything connected to the Internet is impervious to hacking and malicious attacks. We shall take all reasonable precautions during the development of your website, campaign or management of your hosting environment to prevent hacking and malicious attacks. However in the future, inherent vulnerabilities may be discovered in the technologies that were used for the development of the project. If additional programming is required in the future to address such discoveries, Webtivity Designs reserves the right to charge for any and all extra time associated with addressing these discoveries.

Force Majeure

Webtivity Designs shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of Webtivity Designs shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

Unauthorized Use

We reserve the right to forbid use of our servers for pornographic, or adult graphic material, inappropriate child-related subject matter, satanic material, enhancement of illegal material or any other activity we deem against the overall quality of life offered to human beings.

Reservation of Right of Access

Due to security and to protect the interests and welfare of all our clients, Webtivity Designs reserves the right to refuse anyone access to our servers.

Cancellation

Webtivity Designs reserves the right to cancel your service at any time. Should past due balances be ignored, your website will be suspended until payment is made. Webtivity Designs also reserves the right to assess additional late fees and/or reactivation fees in such cases.

Changes and Updates to this Policy

Webtivity Designs may update this Policy at any time without explicit communication to our clients. If we are going to use your personally identifiable information in a manner different from that stated at the time of collection we will notify you via e-mail, postal mail, or phone. You will have a choice as to whether or not we use your information in this different manner. Please revisit this page to stay informed of any changes, which will also be reflected by the date “last modified” below.

Term and Renewal:

There is a 12- month minimum commitment for this marketing campaign. Afterward, agreed upon marketing campaigns will renew each month until Customer provides 30-day notice of intent to terminate Agreement.

Fees:

Customer agrees to pay Webtivity a one-time setup fee (“Setup Fee”) and then a monthly fee as designated in the written agreement (“Contract Fee”).    Customer agrees to pay Webtivity a late fee of 10% of the unpaid amount for every payment not made within one-week of its due date.  Unpaid fees shall accrue interest at an annual rate of 10%.  If payment is not received by Company within thirty days of the due date, Company shall have the right to suspend its provision of services pursuant to the agreement until Company receives payment in full, including any late fees.  All fees paid will be considered payment in good faith to fulfill the conditions of aw Agreement and are non-refundable and non-negotiable.

Company Services:

During the term of marketing campaigns, Company agrees to optimize Customer’s website for ranking and visibility on the Internet through SEO and/or SEM services as described in the attached Proposal.  The Customer’s goals and objectives with respect to SEO/SEM are set forth in the Proposal, attached hereto.  Company agrees to implement these optimizations and changes on an ongoing basis, throughout the term of the Agreement.  Customer acknowledges that effective SEO/SEM implementation is an ongoing process and consistent results require constant implementation.  Any subsequent changes, after the date of this contract, to the business model and/or addition of web pages (other than those which Company adds) not already present may require additional fees and/or contracts for these services.

No Guarantee:

Due to the competitive and dynamic nature of the internet and search engines, Company cannot guarantee any specific ranking or placement of Customer’s website on any particular Search Engine keyword result page, ad ranking or on any other Search Engine related placement.  Customer further understands and acknowledges that Company has no affiliation with or insider information pertaining to any Search Engine, including but not limited to Google, MSN, Yahoo!, Ask.com or AOL.  However, during the term agreed upon services, Company will, to the best of its ability, follow, suggest, and implement as required, any and all SEO/SEM goals and services as set forth in the Proposal.

Website Access:

Customer agrees to provide Company with uninterrupted access to Customer’s website for purposes of Company-implemented SEO/SEM.  Customer agrees and acknowledges that Company will be unable to provide services pursuant the agreement if access to Customer’s website or webpage(s) is unavailable, denied, or otherwise made inaccessible to Company for reasons beyond the control of Company.  In such an event, Customer agrees that Company will not be responsible for services not performed.

Website Backup:

Prior to implementing any SEO/SEM pursuant said Agreement, Customer agrees to completely backup its website to mitigate any potential downtime, damages or other losses that may occur if SEO/SEM implementation interferes with the normal operation of Customer’s site.

Website Content and Appearance:

If Customer’s website is not hosted by Company, Customer is solely responsible for the content and appearance of its website, including but not limited to the creation, hosting, servicing, related fees, and/or maintenance of the Customer’s website.  Customer acknowledges and agrees that it may be required to make significant changes to its website, hosting plans and/or other internal processes in order to successfully implement the SEO/SEM goals set forth in Customer’s Proposal.

Changes to Website:

Customer agrees to make any website changes Company deems necessary to accommodate SEO/SEM recommendations, strategies, or plans.  Company may deem it necessary to make changes to the website code (including HTML and/or any dynamic code) for the purpose of SEO/SEM.  Customer understands and agrees that such changes may affect the functionality of Customer’s website, dynamically and/or aesthetically, at any time and for any length of time.  Company will not be responsible for the refusal by Customer to implement Company’s suggested changes to website.

Loss and Damages:

Customer agrees to indemnify and hold Company harmless with respect to any claims, loss, liability, damage or judgment suffered by Company, including reasonable attorneys’ fees and court costs, which results from the use by Company of any material furnished by Customer or created by Webtivity at the direction of Customer.  The phrase “material furnished by Customer to Company” is deemed to include information or data obtained by Webtivity from Customer to substantiate claims made in advertising. Company shall not be liable for any loss or damage whatsoever arising from errors, omissions, or changes to algorithms used by any Search Engine, or changes made to Customer’s website by Company resulting in the non-appearance of Customer’s website on any Search Engine or depletion in Customer’s website ranking.

Representations:

Customer signatory represents that he/she has the authority to enter into this Agreement on behalf of Customer and that the Customer is not violating any other agreements with any third parties by entering into this Agreement.  If any such conflict arises, Customer acknowledges that it will be solely responsible for any fees or legal action resulting due to any such conflict and will hold Company harmless for any damages which may arise from the conflict.

Exclusive SEO and/or SEM Services Provider:

Customer agrees that it will not enter into any agreements, advertising plans, contracts, or the like with any SEO and/or SEM Customer, consultant or competitor of Company during the term of the marketing agreement without the written consent of Company.  Customer further represents that it has terminated any such agreements with third parties prior to signing agreeing to Webtivity marketing services.

Joint-Marketing Agreement:

During the term of the agreed upon campaign(s), Customer agrees that Company may use Customer’s name, affiliation, website, website images/logos, success stories, or SEO/SEM statistics in any print, published, website, television, radio, or any other media form Company deems necessary to advertise its own services to the public.  All joint-marketing rights shall terminate on the Termination Date.  Absent the written consent of the other party, both Customer and Company agree to cease and desist from any further use of the other’s name, affiliation, website, images, logos, and the like.

Assignment:

Either party may not assign this Agreement without the prior written consent of the other party, except that Company may assign its rights and obligations under this Agreement to an entity that owns, is owned by or is under common ownership with Company

Governing Law:

These Terms and use of marketing services are governed and enforced in accordance with the laws of the State of Florida without reference to the conflicts of law principles.

 

This page was last modified April, 2020.

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