Terms and Conditions
Everything our lawyers have to say:
Terms – You (Client) have agreed to retain the services of OnlyOnlineMarketing.com (Company) for site setup or design, traffic, management, optimization, hosting, email, action-office subscription or other internet related services. Our services are delivered as one or more of the following services as determined by your order confirmation notes and depending on the services you are paying for, your services may include the following features:
2. Traffic Setup – Setup includes Google Maps/Places listing, Google Adwords Campaign setup or Google SEO account setup in name of client. Covered by setup fee.
3. Hosting – Hosting includes 1GB of hosting space, private FTP access to dedicated folder on server for clients registered domain.
4. Email – Email includes up to 2 email addresses, and domain may be hosted by Company, and may point mail (mx) records to third part service for email interface. Additional email addresses as requested for additional fee.
5. Action-office Setup and Unlimited Access – Dedicated username and password with action-office linked to landing page or website. Action-office includes traffic dashboard, account administration, leads crm system, reports, analytics, and editor features when purchased with Adwords traffic option, otherwise, individual features as determined by your order.
6. Unlimited Expert Access – Unlimited phone and email access to dedicated client manager for traffic campaign related inquiries. Support includes traffic campaign updates and campaign optimization sessions when requested by client and according to our optimization schedule and as needed for each individual campaign. If client is using Adwords traffic and clients monthly Adwords spend exceeds $1,500 in any month, clients monthly fee will be equal to 15% of their total monthly Adwords budget. Monthly fee is 15% of your monthly Google Adwords click budget, $249 a month minimum.
7. Start of Services – Service starts immediately so subscription and billing begins upon submission of order, then client will be automatically billed every 30 days for the monthly fee on their billing date.
8. Cancellation – Client can request cancellation of services or subscription at any time. Any fees already billed are non-refundable. We ask that you please give us 30 days notice of cancellation, and any fees due within 30 days after written cancellation is received will still be billed and charged.
9. No Guarantee – Client understands that OnlyOnlineMarketing.com is a marketing firm and provides marketing, web design, hosting, email and internet technology and software services. No form of advertising or marketing is guaranteed to be successful, therefore, OnlyOnlineMarketing.com makes no guarantee of the performance or return on investment of any campaign due to the fact that each industry is different and it is impossible to estimate the amount of traffic, searches or conversion rate for a specific type of business or industry. This is not a free trial, and any fees paid to OnlyOnlineMarketing.com and Google are non-refundable. OnlyOnlineMarketing.coms work on Clients account begins immediately and is delivered as a service, not a product, so all payments are non-refundable and there are no returns or refunds allowed for setup fees or recurring monthly fees.
10. Recurring Billing – Recurring billing for action-office or other monthly services will automatically start when Client submits their order. Billing date will not be changed if setup is not complete within 10 business days. First month of recurring payments is due prior to site launch. Recurring payments are then automatically billed every 30 days. Clients billing date is the day of the month they sign up on, but recurring billing date will be no later than the 28th. You must notify Company in writing if you wish to pause or cancel your monthly fee by sending an email to the address email@example.com or by requesting cancellation within action-office. Pausing your Adwords campaign through action-office or your client manager does not pause or cancel your monthly fee. Once billing has already occurred for recurring payments, no refunds will be made. We ask that you please give us 30 days notice of cancellation, and any fees due within 30 days after written cancellation is received will still be billed and charged. If paused, client may still be billed for action-office subscription, hosting, email, or call tracking numbers if these services are required to restart the campaign at a later date. Client is billed separately for Adwords and Company monthly fees.
11. Setup Guarantee – Company guarantees a functional, working site and setup of the Google Maps, Adwords or SEO account and campaign. There is no guarantee that there will be traffic to the site because traffic is dependent on future search volume from external searchers. There is also no guarantee that the site will convert visitors into leads because conversion is based on individual visitor behavior which is beyond the control of Company. The site, traffic setup and account represent creative works, whose rights will be maintained by the Company. Client will be allowed use of the site, domain, hosting, and exclusive access to any leads generated while the Client maintains an active and current account with Company. If client is using Google Adwords traffic, there may be a five dollar Google Adwords setup charge that is the responsibility of the Client. If client is using Google Adwords traffic, the Client is also responsible for all monthly and daily Google Adwords pay per click charges. Client gives OnlyOnlineMarketing.com authorization to setup and administer a dedicated Google Adwords Account and billing on behalf of and in the name of the client, and client is responsible for all charges incurred by the account.
12. Call Tracking Number – If clients traffic service includes a call tracking number, client will be allowed use of the call tracking number for Companys campaign purposes only. When used with an actively management traffic campaign through OnlyOnlineMarketing.com, call tracking service includes up to 100 minutes of usage per month, and if Client exceeds 100 minutes of usage per month, Client will be billed $0.19 per minute for each minute of usage over 100 minutes per month on or about the 1st of the following month.
13. Providing Content and Approval – Client will be responsible for providing all content information to OnlyOnlineMarketing.com through an electronic form and this information will be used to populate the content of Clients site including all content and overall marketing message, and all information will be used to determine the settings of clients traffic campaign and site design. Recurring billing date will not be changed due to any delay caused by client not providing content in a timely manner. Based on the information provided, OnlyOnlineMarketing.com will perform the following: traffic and site setup. Client will be responsible for approving all materials and content of the traffic setup and site setup. Client also hereby agrees that within 24 hours of setup completion, they have reviewed the site for accuracy and Client approves all work done by OnlyOnlineMarketing.com including the site setup and traffic setup.
14. Google Adwords – If Client chooses Google Adwords traffic, Client Adwords account will be set up in the name of Client and therefore Client is directly responsible for all traffic and financial activity. Client will also allow Company to enter in Clients billing information into the Adwords account which will activate their account with Google. OnlyOnlineMarketing.com will be listed on the account as an administrator and Client gives permission to OnlyOnlineMarketing.com to make changes and updates to the account. Upon launch of the site and activating Adwords account, Client agrees that services of setting up the Adwords account, and designing the site have been completed to the full satisfaction of the client as agreed and that all monies paid are non-refundable.
15. Start of Work and Traffic – Client also agrees that after initial payment has been made and work starts on the account, OnlyOnlineMarketing.com will immediately incur costs for providing that service and as such, client will not be entitled to a refund if the client decides not to activate their Adwords account or hosting or launch the site itself. It is also understood that 3rd party traffic sources (such as Google Places/Maps, Adwords, or SEO) are necessary to feed traffic into the site in order for it to produce results. The amount of any third party traffic is not under the control of Company so Company is not responsible for any lack or response to the campaign. Clients Adwords budget is billed directly to Client by third party sources (such as Google Adwords). If client chooses Adwords traffic option, OnlyOnlineMarketing.com will set up Adwords account based on recommendations from Client on cost per click bids and daily budget, and decisions on whether to activate or de-activate status of their account are the responsibility of the Client, and therefore, OnlyOnlineMarketing.com is not responsible for keywords or accounts that become inactive due to low search volume, traffic or low cost per click bids.
16. Client Responsible For Content – The Client, as the control proofreader, is exclusively responsible for any and all content errors and/or omissions (including spelling and grammar) regardless of OnlyOnlineMarketing.com involvement or lack thereof in the contents development, editing and/or transcription. Client is also solely responsible for adhering to any compliance or copyright regulations related to the site content and traffic account content that may be imposed by Clients company, superiors, or government or state laws. No refunds will be issued for compliance issues.
17. Extra Design Fees – Unless you paid a setup fee and are purchasing custom design, any change in design elements are not included in the monthly fee. Any site design changes that client requests from Company will be billed to clients credit card on file at the rate of $99 per hour. For custom site design, design adjustments requested by the client must, in no fashion, change and/or affect the general direction of the work; its initial intended purpose, or the projects objectives and standards. Any design changes which directly or indirectly reflect a general conceptual direction, color strategy, use, product or service representation, market target objective, and/or implementation objective that differs from the initial intended purpose or standards established during the initial interview process can be completed for an additional fee and will be billed separately with clients consent at the rate of $99 per hour. Any work requested by client that is determined by company to be outside the scope of the initial design can be completed for an additional fee and will be billed separately with clients consent at a rate of $99 per hour.
18. Payment and Electronic Signature – The Client is required to pay, on a nonrefundable basis, 100% (one hundred percent) of the Job Total (setup fees) amount reflected in the online invoice at the time of completing the online invoice and by completing the purchase, Client approved completing the purchase as their legally binding electronic signature, and the total remaining balance if any is due prior to launch of account and site. Program must be paid in full including first month of any recurring fees before releasing it live for customer. All past-due payments and/or balances will be subject to 1.5% finance charge per month.
19. Company Deactivation of Client Campaign – Company may elect to deactivate and cancel clients hosting, analytics, action-office, Adwords account, and any other service provided to Client at any time at Companys sole discretion.
20. Billing – Your credit card statement will show OnlyOnlineBilling.com. All payment must be made to OnlyOnlineMarketing.com. OnlyOnlineMarketing.com is a d.b.a. name for the AFFLUENT Media Group. OnlyOnlineMarketing.com also owns and generates business through a network of other sites. Any and all returned checks will be subject to a charge of $50.00 per check. All payments will be considered nonrefundable.
21. Cancellation During Setup – Should the Client at any point cancel the work during the production process, the Client will be liable for paying a Cancellation Fee equivalent to 100% (one-hundred percent) of the Job Total (setup fees) amount plus any minimum contractual recurring fees or cancellation fees.
22. Campaign Creative Rights – Company will retain ownership rights to the landing page, website, domain, hosting, and traffic setup while Client is an active paying client. Client will be entitled to use of creatives while the client maintains an active and current account with Company, meaning Client continues to pay monthly hosting, and any subscription fees in full on time. Client may request their landing page source files, website source files, Adwords account, and domain from Company if client chooses not to keep an active account and source files will be sent to Client upon Client paying any remaining balance due on their account. Request for source files or domain must be made in writing to firstname.lastname@example.org and must be made within 72 hours of cancellation of service or Company will retain all ownership rights.
23. No Client Delivery – In the event the Client fails, refuses, abandons, delays, and/or is unable to take delivery, the total remaining balance including any minimum recurring monthly fees will become immediately due and payable and Client authorizes Company to charge these fees immediately using the payment information provided by Client.
24. No Company Liability – OnlyOnlineMarketing.com shall incur no liability whatsoever for any losses, liabilities, and/or damages caused as a result of ANY delivery delays regardless of circumstances or fault.
25. Work – OnlyOnlineMarketing.com will produce the work in a good workmanlike manner consistent with the specifications written in this document, the technologies and software used, the condition of source materials and the processes implemented. The deliverables or any components thereof are delivered to customer on an as is basis, without any warranties or representations express, implied, including, without limitation, warranties of merchantability or fitness for a particular purpose, quality, performance or non-infringement upon the rights of any other party. Company makes no warranty that the deliverables will meet clients specific objectives or needs or that the deliverables will be free from errors or bugs. Company makes no warranty that there will be uninterrupted operation of the deliverables. Client acknowledges and agrees that the foregoing exclusions and disclaimers of warranties are an essential part of this agreement and formed the basis for determining the price charged for the service. Upon launch, Company may need to work out unforeseen errors or bugs in the site or in the traffic setup, for which Client will not hold Company liable and Client will continue with the contract as stated while and errors or bugs are worked out.
26. Limitation of Liability – Under no circumstances will damages assessed against Company exceed the setup fee (exclusive of costs and expenses) actually paid to the Company out of which potential damages arose. In no event shall company be liable for special, collateral, exemplary, punitive, indirect, incidental, or consequential damages (including, without limitation, Adwords costs, loss of goodwill, loss of reputation, loss or profits or revenues, loss of savings, loss of use, and interruption of business), whether such damages occur prior or subsequent to, or are alleged as a result of, tortuous conduct or breach of any of the provisions of this agreement, even if the other party has been advised of the possibility of such damages.
27. Non-Disparagement – Client agrees not to attack/criticize/disparage Company and any of its employees, associates, partner, or owners publicly (on public forums, websites, blogs, social networks etc) at any time during or subsequent to service. In case of breach of this clause, Client agrees to pay $10,000 to Company as damages.
28. Third Party Claims – Company shall not be liable for claims made against the Customer, Client or the Company arising out of Clients use or ownership of the deliverables and Client hereby indemnifies and holds the Company harmless from and against any and all claims, of every nature or type that may be brought or asserted by any other party.
29. Content – Content development and/or content editing are not based on market research, and/or previous case experience. It is understood that OnlyOnlineMarketing.com will produce the work in a good workmanlike manner, however other than stated in this document, it is not responsible for and makes no guarantees as to the amount of response the marketplace will have to the solution, including the number of impressions, clicks, leads, or sales that it will help generate.
30. Use of Work – OnlyOnlineMarketing.com, without assuming any financial obligation, reserves the right to display any work contracted herein through any and all available advertising and marketing mediums including, but not limited to the Internet, any OnlyOnlineMarketing.com owned printed media and Web site including linking to and/or frame encapsulating the Clients site.
31. Agent of Client and Electronic Signature – The person completing this purchase and invoice, Client, is electronically signing this document in representation of, on behalf of, and/or as an employee or assign of the Client named in the invoice and hereby warrants that he or she is fully and duly authorized to enter into such a contract and legally bind that clients entity to all the terms and conditions herein.
32. Entire Agreement – This written contract represents the entire agreement between the parties, and is intended by the parties to be the exclusive and final written expression of their agreement. Any prior statements or representation (written or oral) shall have no effect unless specifically included herein.
33. Contract – This contract is made in the State of Illinois, and as such shall be enforced, construed, and interpreted in accordance with the laws of the State of Illinois.
34. Jurisdiction – Any and all controversies or collections in connection with, or arising from, this Agreement shall be litigated only in courts in the State of Illinois in Chicago.
35. Assignment – OnlyOnlineMarketing.com reserves the right to transfer and/or assign the rights and entitlements of this contract to any entity of its choice.
36. Legality and Enforceability –In case any one or more of the provisions of this agreement or any application thereof shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not be affected or impaired thereby.
37. Estimates – All numbers or figures presented in the sales presentation are estimates from Googles traffic estimator tool, and Clients own estimates, and in no way dictate the actual performance of the account. Any information provided is for illustrative purposes only. Actual sales made, market conditions, traffic, cost per click, conversion rates, and close rates can vary widely and OnlyOnlineMarketing.com is not responsible for and makes no warranty as to the actual rates that will be achieved after launch. Audience size or traffic estimates provided in the sales presentation are directly from Googles Traffic Estimators estimates on past search results and in no way does OnlyOnlineMarketing.com or Google guarantee the accuracy of these figures or guarantee any future search results or traffic. By completing this agreement, client agrees that they are aware that, as with any type of advertising, their account could result in zero traffic and zero leads, and as a result, no refunds or returns are allowed.