Service Agreement - Local Marketing
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This proposal, between Atlas Internet Marketing, LLC and the above-named Contact will include the following Identification of Needs, Recommendations, Timeline. In this document, the party is requesting a proposal to receive the services shall be referred to as “Client”, and the parties and will be providing the proposal shall be referred to as “Agency”.
Rights and Obligations: Atlas Internet Marketing, LLC (Agency) will contract directly with directories and publishers to place information or contracted advertising programs on behalf of the Client. The Client agrees to provide accurate information so that the Agency may represent them honestly and correctly to the public. The Client is responsible to inform the Agency of any changes that may affect the Agency’s ability to accurately represent the Client to the public such as an address change, service/product change, etc. The Agency may use information from published the Client's website for advertising programs including special offers. The Client agrees not to have any competing online marketing programs active throughout the duration of this contract.
Services Provided and Exclusions:
The Agency places marketing content and may place advertising on behalf of the Client with various online publishers and or vendors. The Agency is responsible to set up payment on behalf of the client to those publishers and handle the set‐up, content management and provide the Client with regular reporting on placed advertising programs. The Agency is not responsible for errors in advertising that are out of their control such as technical glitches, coding issues set up by previous marketing or web development teams used in the past by the Client, or content miscommunication. The Agency is not responsible for damages resulting from the advertising omissions or errors. The Client understands that any “discounted” or “free” labor/services if ever are provided are not subject to any time restriction due to the incredible demand of services performed which are paid for and must be in writing via email from the Agency manager or additional proposal signed by the Agency manager.
Fees and Billing Details:
Any and all monthly invoices will be automatically billed according to the method and schedule approved herein. Receipt of payment will be emailed to the email address provided above in the point of contact section.
All returned payments will incur a $55.00 resubmission fee and Agency may immediately stop the campaign without prior notice until the deposit amount has been replenished to 1.25 times the approved monthly budget.
All charges are payable by Visa, Mastercard, Discover debit/credit card, or ACH bank deposit if above $750 monthly budget.
Budgets may be adjusted during the campaign. If the new budget amount is more than the previous budget, the Agency will request an esignature confirmation from the Client before adjusting monthly billing. The only exception is if call tracking fees exceed the estimated usage and can automatically be billed at the end of the current billing cycle (for ad campaigns only currently).
The term of the contract is defined by both timeline of the contract and the number of payments made to the equal timeline. Any additional Hourly work will be estimated upfront and paid in full upfront, any work that goes beyond the estimate of hours will be billed as needed by the Agency or upon completion of work. The same terms and fees apply to hourly work as to other work by the agency. All hourly work is billed at $95.00 per hour, emergency or after work hours are billed at $150.00 per hour. A one-hour minimum and then billed at 15-minute increments. There are no refunds to hourly work due to no guarantees from hourly work.
Contract Terms and Cancellation of Contract:
The contract term is 12 months for Buzz Site website/marketing plans and then following the initial term automatically becomes a month-to-month agreement. To cancel please email 10 days before the next billing date to prevent any charges, If cancellation notice is received after the 10-day notice client may be charged a 25% fee based on late termination.
After the initial term for long term contracts, the Client may pause or cancel at any time with a 10 day emailed or written notice sent to an Agency support member or by emailing email@example.com
The contract will be considered ongoing unless canceled by either party with 10 days emailed/written notice prior to the billing date.
Early termination of a Buzz Site website plan will result in the remaining balance of managed hosting fees for months remaining in term from the start billing date. Early termination of Buzz Site marketing will result in a 25% termination fee for months remaining in the term from the start billing date.
Collections: If the remaining balance is not paid upon termination, and a payment plan agreed to has not been fulfilled by the Client, the client agrees to pay any fees from a collection agency on top of the remaining balance which may include court costs.
Refunds: There are no refunds for hourly work, website development, or monthly marketing. The only exception is with website development and marketing within the first 3 business days of contract start (date of signature of acceptance), and only for work not performed or items purchased for use of work by the provider. Any work performed will be deducted at the hourly rate of $95.00 per hour prior to refunding the remaining balance.
Account Transitioning/Canceling: If at any time the Client decides to cancel the contract, the Client will be responsible for terminating any software accounts or paid ad accounts set up prior/during the marketing campaign. If the client wishes to have the agency help with canceling accounts or transitioning to a new employee/manager/management who will manage the marketing the agency will provide 1 hour for free for canceling accounts with a fee of $150 for 2 hours additional worth of work. The client can also opt for the agency to train a new employee/manager/management team for a minimum fee of $750 (to be determined by the agency based on how much training is required.
Website Hosting Licensing Terms:
There is an initial 11-month term to host the website with the agency, following the 12-month agreement the client will own their website and may transfer to another host if they so choose. See managed hosting website cancellation terms for early cancellation details.
a. All websites are WordPress-based websites and as such require licenses to themes and various plugins to give it the design and function for use. The agency maintains both license fees as part of the managed hosting agreement.
b. If the client after the 12-month agreement wishes to switch hosting to another provider they may do so but will be required to obtain their own licenses for themes and plugins for their site. Transitioning to another hosting company may be provided by the agency for a fee, see transitioning fees below in the cancellation section.
c. Domain names are renewed at on average $15 per year by the agency based on domain registrar fees. The client may have their domain name on their own independent domain name registrar. If the client chooses to have their domain name on their own registrar, the agency will need access for technical purposes. It is recommended that they make it an annual renewal only to prevent loss of passwords and information and to prevent domain loss.
d. Website Maintenance: Includes weekly updates to themes, plugins, and core WordPress files. Daily backups, Astra firewall security protection, and malware clean up. Edits to content are also included to items such as images, videos, and text content. The client will email support or open a support ticket. We do our best for support requests to be resolved within 24-48 hours.
Late Payment Billing Details:
A fee of $75 may be charged to the client for each payment that is late due to the credit card not processing on the billing date ($45 fee for budgets under $500).
If payment is not paid within 14 days of the bill date, service will be suspended at no liability to the provider.
If payment is not paid within 30 days of the bill date, then service may be terminated by the provider and any remaining balance and fees will be due immediately upon termination email/letter or signed Conclusion or Termination of Services agreement (signed by client and provider).
Any unpaid balance/fees may be turned over to the collections agency to be collected from the client, if the collections agency collects the remaining balance the client agrees to pay any fees associated with the collections agency.
Rate Changes: Rate changes may occur annually. The client will be informed of rate changes and can choose whether or not to continue service.
Dispute resolution and Governance: If disputes over this contract arise, both parties agree to mediation or arbitration in the state of the Agency's headquarter office.
Confidentiality: Unless expressly authorized in writing by the other party, neither party shall disclose to any third party any non‐public information or materials provided by the other party under this Agreement and reasonably understood to be confidential or use such Confidential Information in any manner other than to perform its obligations under this Agreement. The foregoing restrictions do not apply to any information that (i) is in or becomes available through the public domain, (ii) is already lawfully in the receiving party’s possession, (iii) was known to the receiving party prior to the date of disclosure. Furthermore, the Client will keep in strict confidence all passwords and other access information to the Services.
The company rep has gone through the acknowledgment section with the client and has provided general terms and conditions, along with the fee schedule and I agree to the sections listed above.
I authorize Atlas Internet Marketing LLC - DBA Buzz Sites to begin deductions from my account with the financial institution named on the front for payment of my monthly installments for contracted services via credit card provided or ACH automatic withdrawals.Billing Amount: [esiggravity formid="4" field_id="16" display="value" ]
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Document Name: Service Agreement - Local Marketing
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