Website Marketing for Life

Online Marketing Program Terms of Service

This Website Marketing for Life “Online Marketing Program” Agreement (“the Agreement”) is made on the day the client signs up for service and completes the initial payment.  Website Marketing for Life, referred to herein as “the Consultant” and: Client – the individual or legal representative of the company that signs up and makes an initial payment for service, referred to herein as “the Customer.”

Consulting Services

  1. Consultant will provide consulting services to the Customer relating to the creation or modification of the Customer’s website. The services to be provided by Consultant are those set forth below titled “Online Marketing Program”, or otherwise described and included in this agreement. Subject to any lawful restraint imposed upon it by any other party (such as an obligation as to confidence), Consultant will make available to the Customer all knowledge, information, and expertise in its possession necessary to the performance of the Services. If the Customer wishes Consultant to perform any services other than the Services (including without limitation to provide any additional functionality) or to provide other products or software, then Consultant shall be entitled to quote the Customer separately for such services, products, or software. If the Customer accepts that quotation then the parties may amend the schedule and this agreement to include the provision of those additional services, products or software.
  1. Unless otherwise agreed in writing by the parties, the term of this Agreement will commence on the date specified at the moment of the initial payment completed for the Online Marketing Program.

Reporting

  1. The Consultant will communicate regularly with the Customer Contact and report to the Customer on the status of the Services.

Consulting Rates and Other Expenses

  1. Consultant will provide Services to the Customer and will be entitled to charge the Customer for such Services at the rates specified in the Online Marketing Program Schedule of Payments below.

Payment of Invoices

  1. All invoices rendered by Consultant are payable before or on the first of each campaign period as described in the Online Marketing Program below. The Customer agrees to pay Consultant in full within this time period or all deliverables set forth according to the Online Marketing Program will cease until payment is received.

Confidentiality

  1. Consultant will not disclose to any third party or use other than for the purposes of this Agreement any knowledge or information imparted to or obtained by it during or in connection with the fulfillment of this Agreement which is of a secret or confidential nature relating to the business, equipment, processes, products, services, or business strategies offered or employed by the Customer. This obligation of confidence will cease to apply in relation to information that Consultant is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by Consultant of its obligations of confidence under this Agreement.

Liability

  1. Except for express undertakings to indemnify and any warranties set out in this Agreement:
  1. a) To the extent permitted by the law, Consultant expressly excludes all conditions and warranties whether express or implied.
  2. b) Notwithstanding any other provision in this Agreement, in no event will Consultant be liable to any party, including the Customer, for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of this Agreement (including for loss of profits, use, data, or other economic advantage), however it arises, whether for breach of this Agreement or in tort, and even if Consultant has been previously advised of the possibility of such damage. Further, liability for such damages shall be excluded, even if inclusive remedies provided hereunder fail their essential purpose. The Customer will indemnify Consultant from any claims by any third party for such damages.
  3. c) The Customers results, and campaign performance may vary. The Client makes no guarantees on ranking, performance, return on investment, traffic, lead generation, sales or any other metric.

Assistance and Facilities

  1. The Customer will provide Consultant with all reasonable assistance and facilities free of charge (including without limitation of the Means of Access and the other Items referred to in the Online Marketing Program, and liaison with the necessary officers and employees of the Customer) in order to permit Consultant to efficiently provide the Services.
  1. The Customer is solely responsible for the proper backup and protection of all of its software and data, as well as the implementation and maintenance of firewalls and security measures (including proper virus control) in relation to the facilities.

No Poaching

  1. The Customer undertakes to Consultant that it will not for a period of two years from the termination of this Agreement entice away or endeavor to entice away from Consultant any employee of Consultant. The Customer acknowledges that the prohibition and restriction contained in this clause are reasonable in the circumstances and necessary to protect the business of Consultant.

Agreement Non-exclusive

  1. The Customer acknowledges that Consultant is providing Services to the Customer on a non-exclusive basis and that Consultant may provide services of the same or a similar nature as the Services to any other party.

Termination

  1. This Agreement may be terminated in the following circumstances:
  1. a) By Consultant by notice in writing if the Customer fails to remedy a breach of this Agreement (including any provision as to payment) within one (1) day of receipt of a notice from Consultant of such breach requiring it to do so; or
  2. b) By either party immediately by notice in writing (“the Notice”) if the other party takes any corporate action or other steps are taken or legal proceedings are started (and are not withdrawn, discontinued or struck out within twenty-one days) for its winding up, liquidation or dissolution (other than for the purposes of reconstruction) or the appointment of an administrator, receiver, receiver and manager, official manager, liquidator, provisional liquidator, trustee or similar office of it or of any or all of its revenues and assets (“Insolvency Event”), and such Insolvency Event remains in existence in respect of such party as the time of service of the Notice.
  1. On termination of this Agreement however occurring, unless canceled by Consultant pursuant to paragraph 12(a) or by Customer pursuant to paragraph 12(b) all moneys (payments) remaining until the term end date unpaid by the Customer pursuant to this Agreement will immediately become due and payable. If such moneys remain unpaid for a period of thirty days, then (without prejudice to any other rights that Consultant may have for breach of this Agreement or otherwise) Consultant will be entitled to retake possession of the products and to disable any software provided pursuant to this Agreement (including by remote means).
  1. Consultant reserves the right to terminate or deny any service for any reason, including websites in a domain dispute, failure to pay for services as agreed upon herein, sites involved in illegal activities, and but not limited to, websites that have offensive content or images on them, such as pornography, racism or that are terrorism related.

General

  1. Any notice required or contemplated by this Agreement shall be deemed to have been duly given if it is in writing, properly addressed and delivered personally or mailed by registered or certified mail, postage prepaid addressed or by fax or electronic mail to the Customer or Consultant at the address set out in the initial sign up or payment of this Agreement or such other address nominated by a party in writing.
  1. This Agreement shall be governed by and must be construed in accordance with the laws of the State of New Jersey, in the United States, and the Customer submits to the non-exclusive jurisdiction of the courts of that State.

Online Marketing Program & Payments

  1. By signing up and making the initial purchase of the Online Marketing Program, Customer agrees to pay the Initial payment (as listed below). Customer also agrees to pay the subsequent payments to continue the service (as listed below), on or before the first date of the start of the campaign period, prior to the service period. New Jersey customers agree to pay an additional sales tax of 6.625% as required by law for all services. Customer also understands that this is a pre-payment structure so failure to pay at the first of each pay period will result in a cease of all deliverables set forth in the Online Marketing Program.
  1. In the event that coding, content, or articles are overwritten or removed either on purpose or by accident by the Customer and/or Customer’s agent, the Customer may be charged an additional set-up or modification fee if the Consultant must restore the work onto the website, such as coding, content, and/or articles.

19.  Third-party content

Certain content, Products, and services available through Website Marketing for Life may include materials from third parties. In addition, Website Marketing for Life may provide links to certain third-party websites. You acknowledge and agree that Website Marketing for Life is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Links to other Websites are provided solely as a convenience to you. Because Website Marketing for Life has no control over such sites and resources, you acknowledge and agree that Website Marketing for Life is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from third parties including sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Website Marketing for Life is not in any way responsible for any such use by you.

Upon signing up and making the initial payment for the Online Marketing Program, Customer indicates that Customer has read and understands all aspects of the services provided pursuant to the Program and fees.

20. Refunds

Consultant will not refund any payments once a payment has been made. The contract period that is required when signing up is month to month.  The client is able to cancel at any time.  Customers that sign up are automatically billed each month through a recurring payment schedule.  Please give 7 days notice before your next scheduled payment through email or by phone to cancel your Online Marketing Program.  The Client doesn’t offer refunds for services paid, or services the Client can’t perform due to Customer’s specific business conditions (customer’s website being down or customer’s business being closed, etc.).

This Terms of Service is legally binding upon Customer’s signing up and making the initial payment of the Online Marketing Program and remains in effect until Consultant receives a cancellation notice from Customer and/or fulfillment of term which payment has been processed in full.

Other

The failure of Website Marketing for Life to exercise or enforce any right or provision of this campaign agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This agreement constitutes the entire agreement between you and Website Marketing for Life and governs your Online Marketing Program, superseding any prior agreements between you and Website Marketing for Life (including, but not limited to, any prior versions of this agreement).

Website Marketing for Life charges are non-refundable. Your Subscription fee is non-transferable. If you elect to cancel your subscription to the Online Marketing Program, you will not receive a refund on the Subscription Fee(s) previously paid to Website Marketing for Life. If your credit card is no longer valid, then, unless you provide a new valid credit card, Website Marketing for Life will terminate the Service prior to the start of the next campaign payment period.

A valid credit card is required to subscribe to the Service. Payment processing is currently handled by PayPal Holdings, Inc. You agree to pay Website Marketing for Life through PayPal for all charges at the prices then in effect for any use of the Service by you or other persons (including your agents).  You authorize PayPal to charge your chosen credit card (your “Payment Method”) for the Service. You agree to make payment using the PayPal interface.  Website Marketing for Life reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If Website Marketing for Life does not receive payment from your Payment Method, you agree to pay all amounts due on demand.

Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but Website Marketing for Life does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.

You will be entitled to receive the Service only during the subscription period (“Subscription Period, sometimes referred to as the term or campaign period) specified below. All subscriptions will automatically renew at the end of your subscription period until canceled by you. You will not receive further notice of auto-renewal.

Our Online Marketing Program subscription plan uses recurring billing. If you elect to pay for the Subscription Period on a term basis, then you will automatically be charged the Subscription Fee for the subsequent term unless you cancel the Service before the new Subscription Period begins. By signing up and paying the initial fee, you accept responsibility for all recurring charges prior to cancellation.

You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Website Marketing for Life if your payment method is canceled (ex: for loss or theft) or if you become aware of a potential breach of security, such as unauthorized disclosure or use of your user name or password for your online assets. If you fail to provide Website Marketing for Life any of the foregoing information, you agree that Website Marketing for Life may continue charging you for any use of the service under your billing account unless you have terminated your subscription for the service.

If the amount to be charged to your bill varies from the amount you pre-authorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Website Marketing for Life shall provide, notice of the amount to be charged and the date of the charge at least 14 days before the scheduled date of the transaction. Notice will be sent to the email address currently associated with your Website Marketing for Life account. You agree that Website Marketing for Life may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

 

 

Website Marketing for Life “Online Marketing Program”

Analysis & Set Up

  • A thorough analysis of current visibility (Including keyword, competition & location)
  • Strategy creation for online growth
  • Insertion of your website into major search engines & directories
  • Mobile optimization for those using smartphones and tablets to access your website
  • Creation/Optimization of a Google Business Account
  • Creation/Optimization of a Google Search Console Account

On-Site Optimization Services

  • On-Site optimization (Including Meta Tags, Headings, Images Tags and more)
  • Content Creation (High Quality, original content created and posted to your website regularly)

Off-Site Optimization Services

  • Creation and Distribution of a Press Release
  • Creation and Posting of a Video for your business
  • Quality links built for your business & location

Local SEO Optimization Services (if applicable)

  • Focus on local keywords
  • Local optimization tags for your website
  • Building citations
  • Optimizing your Google Business Account for your local service area

Reporting and Metrics

  • Regular reporting including keyword ranking reports, access to Google Analytics and Google Business Accounts

Customer Support

  • Customer Support (Including: email and telephone support)

Website Marketing for Life “Online Marketing Program” Schedule of Payments

Online Marketing Program Payments & Fees:

Initial payment at sign-up for the Online Marketing Program $149.00 (plus tax if applicable)

Recurring monthly fee per month: $149.00 (plus tax if applicable)

Month to Month term, please give 7 days notice before your next scheduled payment if you wish to pause or cancel.

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