When Client (corporation, propreitorship, partnership or individual) appoints eGumBall, Inc. to act as "Publisher" on the Client's behalf for the purposes of specified assignment, the Terms & Conditions below are in effect.
1. LSEO Fees: LSEO fees are paid upon date of signup. Installment payment amounts are subsequently billed on the 6th of every month. After publication term of application the agreement is on a month to month basis. All month to month service fees are equal to the monthly fee notated under the payment options of your application. A 30 day written notice is required for cancellation of proactive month to month service and must be made prior to the 5th of each billable month.
2. Term/Cancellations/Refunds: Client has agreed to the publication term within clients signed application as notated on the second line under the clients name. eGumBall, Inc. does not offer refund or guarantee of return of investment. If in the event that eGumBall, Inc. cannot provide proof of optimization within the first thirty (30) days, then client can cancel service and receive 100% of their service fees. All month to month billing cancellations must be done in writing to eGumBall, Inc. by fax or by certified mail. Client provided billing instrument will be processed for the set up fee and first month service fee as deposit during the set up process.
3. Invoicing: Client's signed application takes place of invoice. Monthly installment amounts are billed on the 6th day of every month 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)/casettes(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. Cleint will receive a copy of creative developed and a Contractor representative must complete necessary adjustments, if any are required at a later date. Payment entitiles 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, website development, creative development and promotional products inclusive. Because some jurisdicitons 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 current status of work, 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 Consulations 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 exlclusive 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 interupt 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 website 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 interupt 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. Terms and Conditions: eGumBall, Inc. maintains the right to change its terms and conditions without notice. To validate your terms and conditions of your agreement, we highly recommend that you print a copy of these terms and conditions to be stored with your application on file.
Terms and Conditions