Terms And Conditions
Local Maps Optimization Terms
1. Billling & Payments
Initial set up fee and first month installment is paid upon signup. Installment payment amounts are subsequently billed each month thereafter. After the initial publication term the agreement is on a month to month term.
2. Cancellation & Refund Policy
A 30 day written notice is required for cancellation of month to month service. All cancellations must be recieved via email or by fax. We do not offer refunds or guarantee on return of investment.
3. Invoicing
Client's signed application takes place of invoice. Monthly installment amounts are billed and applied to the billing information provided by client. If in the event that client's method of payment has changed, client's signed application binds all billing instruments provided by client.
4. Rights & Permissions
Client has obtained all rights and permissions required in order that data, recordings, artwork and printed material supplied by Client to Contractor may be replicated onto or into compact disc(s)/cassettes(s); that the data, recordings, artwork and printed materials will not infringe upon any trademark, copyright, contract, property rights and that customer has paid any and all royalties or other charges to be paid pursuant to copyright law of the United States, any statute, order, or other law, right or contract governing such materials; and the materials do not contain matter which is libelous, defamatory, obscene or invades the rights of privacy or rights of any individual. Materials obtained by Contractor for license to this production will be invoiced to the client for payment before use. In some cases, copyright of creative work may remain with the outside vendor, and the client will pay "use fees" for specific promotional purposes. Client will receive a copy of creative developed and a Contractor representative must complete necessary adjustments, if any are required at a later date. Payment entitles the client only to usage as specified. Contractor retains the right to use creative development for client in any future advertising. Client signature authorizes Contractor to act on their behalf as (LSEO) & (SEO) agent during the duration of this agreement. Client authorizes Contractor to post, publish and or edit their business profile or internet advertisements.
5. No Liability for Damages
In no event shall eGumBall, Inc. or its suppliers be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use this product, even if the company has been advised of the possibility of such damages. In any case, Contractor and its suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid for the local listing with said search engines, web site development, creative development and promotional products inclusive. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
6. Termination
Client reserves the right to terminate any assignment "At Will", in which case eGumBall, Inc. will be compensated to the completion of the of application, and all expenses will be due and payable immediately. eGumBall, Inc. reserves the right to terminate any assignment without penalty and deliver current work on any assignment to client, with all invoices for work to date then due and payable immediately. Early cancellation of any contracted agreement for SEO, Promotional Products Inclusive, Promotional Products Ordered, E-Mail Marketing, Telemarketing or Marketing Consultations will result in an early termination fee of 100% of the remaining agreement(s).
7. Copyright
Ownership of concepts and/or executions transfers from Contractor to the client only after payment of full invoices. eGumBall disclosed proprietary methods of optimization cannot be copied without prior exclusive written consent of eGumBall.
8. Authority
The person signing on behalf of the Client hereby personally represents and warrants that she/he has full authority to approve Contractor's service. Contractor accepts any orders herein in reliance on that representation and warranty.
9. Late Charges
All fees and expenses are due and payable on the 6th of each month. Any expenses not paid within 30 days are subject to interest penalties of 20% each month.
10. Collections
If Client fails to pay as approved. eGumBall, Inc. will be entitled to all reasonable costs of collection, including attorneys' fees, court costs and all other related expenses. Laws of the State of California shall apply. The venue for all court hearings is in Laguna Hills, California (Orange County / Harbor Justice Center).
11. Client Disclosure
Client agrees to inform eGumBall, Inc., in writing, of any internet marketing campaigns past or present prior to submitting their application. Client failure to disclose such information can compromise service. Client agrees to contact eGumBall, Inc. first prior to executing any internet marketing campaigns post application which may interrupt service. Client agrees to contact eGumBall, Inc., in writing, when their is a change in company information, such as change of name, address, phone number and or web site address.
12. Updating
eGumBall, Inc. reserves the right without penalty to upgrade client profiles "At Will" in order to meet current SEO guidelines which may temporarily interrupt service.
13. Correspondences
All correspondences sent by mail must be sent as delivery receipt requested. Please store your delivered receipts for your records. Please maintain all fax delivery confirmation receipts.
13. Billing Instrument
Client can change their method of payment by contacting billing at 1.800.890.8940. Client understands that the original signature of the original application gives eGumBall, Inc. the right to bill any method of payment provided by client.
14. Communications
Client agrees to be an active participant in their internet marketing campaign and agrees to respond to eGumBall requests within a reasonable time frame (Seven Business Days).
Effective: 05/01/2010
