BrandTech360 Terms of Service Agreement
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
The following are terms of a legal agreement between you and BrandTech360.
USE OF SITES
You agree not to use this site or it’s Content for any illegal or unauthorized activity. You agree that you will not use any device, software, or other technology to interfere or attempt to interfere with the proper working of this site. You agree not to use this site or it’s Content for any commercial purposes. You agree not to crawl, spider, scrape, or otherwise deploy automated agents or other technology to collect, harvest, mine, or otherwise interact with this site, unless you a) uniquely identify your technology by means of the user-agent field in every request header, b) provide a clear point of contact for the operation of those systems and c) follow standard robots.txt and other standard crawler-management policies. You agree that we can, at our sole discretion, prohibit such automated activities.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of BrandTech360 and others.
The Advertising Service (the “Service”) is provided by BrandTech360. (“BrandTech360”) a California Corporation, to you (the “Customer”) (collectively “Parties” or “Party”) under the terms and conditions of this Service Agreement (the “Agreement”), which may be updated by BrandTech360 from time to time.
By using our services, the client agrees to abide by the following terms.
Prior and Future Conditions between BrandTech360 and Customer website and SEO services:
- The client has no duplicate sites, duplicate content or pages, redirects or doorway pages pertaining to website(s).
- The client has not requested or exchanged links with link farms or undertaken any spamming techniques which may harm the web site’s ranking with Google pertaining to website(s).
- It is not possible to give a 100% guarantee for any specific result on any search engine, nor can we quantify the level of increased traffic or sales, as a result of the SEO campaign.
- All fees are payable in advance and non-refundable under any circumstances after the “three day recession.”
- If the client makes any changes to the optimized pages created by BrandTech360, or does not implement the changes advised by us, any guarantee placed will become void immediately.
- BrandTech360 follows a strictly ethical SEO policy and may make void any guarantee should it be discovered that the Client has participated in actions considered undesirable (spamming) by the search engines, such as
- Makes use of hidden links
- Links to link-farms, FFA link pages, etc.
- Uses page redirect or cloaking techniques
- Submits the web pages of the site to the search engines, search directories or other websites without the consent of BrandTech360
- Uses automated web site submission software or websites
- Uses automated reciprocal link programs
- BrandTech360 reserves the right to use client websites, web design, layouts, wireframes and collateral in advertising and or marketing initiatives. This may include portfolio examples on our website, case studies and other promotional initiatives, and discrete links at the foot of the pages on the supplied website until otherwise specifically instructed by the client to not use it.
- 90 Day Work for Free Guarantee: The “Work For Free Guarantee” shall refer to Organic Front Page Placement service only. If, for any two BrandTech360 selected keywords comprised of a geography and keyword relevant to the Customer’s business for an Organic First Page Position have not been attained within 90 days of the date you have completed all of the enrollment conditions, simply notify us and BrandTech360 will extend the annual recurring date by the number of days past 90 days until you have attained two Organic First Page Position keywords. Organic First Page Position means a link to your business has appeared on the front page in at least one of the following: (A) Google organic or (B) Google local. The enrollment conditions are (i) completing a customer service call with your Enrollment Consultant and (ii) accepting BrandTech360’s terms of service. BrandTech360 reserves the right to automatically set the new recurring billing date after successfully attaining two Organic First Page Position keywords for the Customer.
- Customer Website: Customer Website: “Customer Website” shall refer to the website owned by the Customer. Customer agrees that BrandTech360 will not perform any cosmetic or architectural modifications on the Customer Website.
- First Page Placement: “First Page Placement” shall refer to Selected Keywords and Targeted Keywords that display any customer information on the first page of search results of (i) Google maps/places and/or; (ii) Google general search results pages. Customer information can be any of the following:
- Google+ Local Listing/Google Places Listing
- Customer’s previously existing site
- Customer’s BrandTech360 Website
- Customer’s listing within a local directory.\
- Selected Keyword: “Selected Keywords” shall refer to individual words or word phrases comprised of a geography and keyword relevant to the Customer’s business that a Customer may select to have optimized by BrandTech360. Customer agrees that BrandTech360 will make all reasonable efforts to optimize these Selected Keywords on the major search engines.
- Enrollment Date: “Enrollment Date” shall refer to the date at which the request for services to be performed by BrandTech360 for the Customer is accompanied by initial payment.
- Services: “Products & Services” shall refer to the various business categories that the Customer has selected to promote via Brandtech360. BrandTech360 will make all reasonable efforts to fulfill the Services for the Customer.
- Organic Front Page Placement: The Organic Front Page Placement Plan is a fee-based service which includes the application of search engine optimization tactics designed to increase chances of achieving First Page Ranking on search engine results pages. Customer acknowledges that search results and First Page Rankings influenced by several factors not controlled by BrandTech360.
- Online Business Network: The Online Business Network Plan is a fee-based service. We will enable Customer to view and manage its business listing information on various third party business directories and search engines that participate in the Local Directories Service (“Directory Partners”). BrandTech360 SHALL HAVE NO LIABILITY FOR ANY CHANGE WITHIN THE DIRECTORY PARTNERS’ SITES INCLUDED IN ANY BUNDLE, FOR ANY DECISION BY A DIRECTORY PARTNER TO REJECT OR MODIFY ANY CONTENT SUBMITTED BY CUSTOMER OR FOR ANY OTHER DECISION, CHANGE OR OTHER ACTION.
- Custom Built Website: Shall refer to the website provided by BrandTech360. The BrandTech360 website will place Customer information on a website owned and operated by BrandTech360 so that it appears like the Website is owned and operated by Customer. BrandTech360 reserves the right to decide whether, where, and how information (content) will appear on the Website for optimization purposes. All websites provided by BrandTech360 will be uploaded for ONE final revision before ‘Live’ date. Customer fully understands that BrandTech360 is only using non-royalty, BrandTech360 images and all client content is manually created. Customer fully understands that ALL hosting, domain fees are pre-paid on a YEARLY basis and is NON-REFUNDABLE. In case of termination of partnership, client may keep his or her website for a one-time payment of $495.00 one-time fee and all hosting and other responsibilities are terminated as well.
- Pulse: Shall refer to the live up to the minute reporting of any acknowledgement and or mentioning of client company name, website URL, and brand across any blog site, news site, search engine, online directories, and forum sites. This service is NOT a fee-based service and therefore no action is required by Customer to stop services. Pulse is a unique, privately used name of BrandTech360.
- Proprietary Ad Placement: Shall refer to the third party (Google) fee-based service. Proprietary Ad Placement is a unique service formulated and calculated internally by BrandTech360 account manager(s). Customer understands that this particular service has a strict NO REFUND, NO CANCELATION policy and Customer understands that only the ‘Selected Keywords’ selected by Customer and BrandTech360 agent(s) are to be provided service for. BrandTech360 is in no shape or form responsible for the amount of clicks, traffic, and revenue created or lost through this service.
- Video Front Page Placement: Video Front Page Placement is a fee-based service. Video Front Page Placement is the existence and placement of BrandTech360 provided YouTube video for the sole purpose of Customer’s advertisement and brand awareness. The video created by BrandTech360 is comprised of the following: Customer provided images/video, and or BrandTech360 provided images/video; if only images are uploaded such video shall be in the form of a slideshow only with duration of 30-45 seconds. Audio will also be provided by BrandTech360 if Customer does not do so with NO explicit lyrics within the audio.
- Annual Fee Adjustment: BrandTech360 will reduce the Customer’s Service Plan fee for the life of the program (“Adjusted Fee”). Customer will be billed the Adjusted Fee on an annual or monthly recurring basis with no commitment until Service is cancelled. The reoccurring payment type will be dependent on the initial agreement between BrandTech360 and Customer. Such conditions are documented in this agreement stated above. Customer acknowledges that the Adjusted Fee does not apply to the “Proprietary Ad Space” and “Lead Generation” Service Plans.
- Cancellations: This Agreement becomes effective on the date BrandTech360 receives Customer’s initial payment. Customer may not lower the mutually agreed Annual or Monthly Payment during the Commitment Period or cancels any Service prior to the end of the Commitment Period. Once the Commitment Period for a Service has ended, Customer will be billed the same fees on an annually or monthly recurring basis until such Service is cancelled. Customer agrees to direct all cancellation requests via BrandTech360 Cancellation Request Form and Or email directed to “Customer Service Manager” at least five days of the billing cycle.
- Refund Policy: In the event Customer cancels the Services within three (3) calendar days of initial payment, Customer will receive a full refund of all fees paid (“Rescission Period”). After the expiration of the Rescission Period, no refunds shall be given by BrandTech360 for any other party, for any amounts paid for Services, including, without limitation, any service charges or fees. Further, the Customer acknowledges and accepts the risk that BrandTech360, may not succeed with some of the Services paid by the Customer. No refunds shall be given by BrandTech360 for any reason. Further, the Customer hereby acknowledges and understands that he or she forgoes the right to dispute credit card charges on the grounds that BrandTech360 has failed to deliver satisfactory Services. The Customer further understands that, because BrandTech360 is an Internet-based business, BrandTech360 never actually takes physical possession of the customer’s credit card: the Customer acknowledges that, for this reason, BrandTech360 would normally have difficulty prevailing in credit card charge disputes with the Customer relative to a physically-based business. The Customer therefore forgoes his or her right to dispute credit card charges he or she incurs with BrandTech360.
- PAYMENT: Except as expressly set forth herein, all payments are non-refundable. If payment is made using a credit card or if there are any periodic charges for publication of a site, those charges may be billed automatically to a credit card or checking account provided by Customer. Customer agrees to have credit card on file charged monthly by BrandTech360. Unless BrandTech360 provides a written billing agreement listing otherwise, charges will be automatically billed to the credit card Customer designated during the enrollment process. BrandTech360 reserves the right to collect and send to collection agencies any outstanding balance due 30 days after the payment due date. If Customer’s credit card on file expires, Customer hereby gives BrandTech360 permission to charge the credit card with a later expiration date to allow for continued payment of BrandTech360 service. Customer may provide updated credit card information to BrandTech360 verbally, and allows BrandTech360 to use that information accordingly for continuation of service. In addition, a penalty fee may be incurred or cancellation may be initiated if Customer fails to update credit card information. Customer authorizes BrandTech360 to collect any charges related to the service of Customer’s account.
- PAYMENT CHANGES: Customer may designate another credit card or checking account at any time. In addition, a penalty fee may be incurred or cancellation may be initiated if Customer fails to update outdated or otherwise incorrect credit card information. Customer must notify BrandTech360 10 days prior to his or her billing date to make any changes to billing information or charging procedures.
- TERMINATION: BrandTech360 may at any time and at its sole discretion terminate service to any Customer for any reason. If Customer initiates an inquiry or disputes charges for services, BrandTech360 reserves the right to terminate the agreement between Customer and BrandTech360 with no refund available. Customer may terminate their signed agreement at any time with a one-time termination fee of $299 or by paying the monthly fees for the remainder of their order commitment term (whichever is less).
- EMAIL POLICY If you provide BrandTech360 with your email address, you may be contacted for marketing and campaign update purposes. When you become a BrandTech360 customer, you will be subscribed to our automated campaign update emails. If at any time you do not wish to receive e-mail from BrandTech360 in the future, you may unsubscribe. In order to unsubscribe from a mailing list, you may choose any of the following options: Follow the unsubscribe link found at the bottom of the email you’ve received. Contact your account manager or our customer service and ask to be unsubscribed from automated marketing and/or campaign update emails. Remove yourself from BrandTEch360’s automated campaign update emails by visiting our Unsubscribed Page. We will promptly update your preferences for this email address. Please be aware that if you are a BrandTech360 customer, an account manager may continue to manually contact you via email for administrative or informational purposes, including follow-up messages regarding business transactions between BrandTech360 and yourself. By law, such messages are not considered to be commercial e-mail.
- Warranties and Indemnity: The client warrants to the Company at all times that the material included in the Web Site: (a) is not in breach of the Intellectual Property rights of any third party. (b) is not obscene within the definition of the Obscene Publications Act 1959 or any other relevant provision, statute,. (c) Is not in breach of any code or provision of statute or common law or otherwise in force from time to time in relation to Advertising of Goods or Services. (d) Contains no element of corporative advertising which is in breach of the Control of Misleading Advertisements (Amendment) Regulations 2000. (E) is not in breach of the Defamation Act 1996 or any other relevant provision. (f) Does not contain any misleading price comparison in breach of Consumer Protection Act.
- Loss of Service: The Company accepts no liability for loss of service, unavailability of files, damage of data, misuse of equipment by other clients, failure of any externally managed equipment or communications devices or other services deemed to be beyond the Company’s control.
Subpoenas: BrandTech360 terms and conditions prohibit the disclosure of customer information without the customer’s express written consent except as required to comply with a current judicial proceeding, a court order, subpoena or other legal process served on BrandTech360. If you require information regarding a BrandTech360 customer you must fax, mail, or serve a valid subpoena on BrandTech360.