Last Updated on March 3, 2022
Terms and Conditions
These are the Terms and Conditions that apply to your purchase of a Business Goto product as well as any services that Business Goto may offer to you in connection with that purchase (collectively, the “Services“). Services include but are not limited to Web Design, Search Engine Optimization, Pay-Per-Click Campaigns, Meta (Facebook) Advertising, Google AdWords, PPC Ads, Analytics Reports, WordPress, WooCommerce, eCommerce, Website Layout, Landing Page, Social Media, Internet Marketing, and Training. Any link (direct, redirect or indirect) to this page, URLs, or Domains will be referred to in this document as “Client”, “you”, “your”. Business Goto will be referred to in this document as the “Service Provider” “we” “us” and “our“.
This agreement is established on the Service Provider’s past, present, and/or prospective Services to the Client. Since the Service Provider’s Services are distinct from one another, the following terms and conditions apply to the specific Services ordered and declared in the Service Provider’s invoice. Additional terms will apply based on the Client’s purchase of the invoiced Services, in addition to the Standard Terms & Conditions. By signing, purchasing or using any of our Services, you explicitly accept and agree to abide by the following Terms and Conditions. If you have any questions regarding this disclaimer, please contact firstname.lastname@example.org.
Standard Terms & Conditions for our Services
Permission to access
The Service Provider is employed as an independent contractor by the Client to set up new accounts for the acquired Services. If necessary, the Client will permit the Service Provider to access their pre-existing accounts, giving written permission and granting any access to the Service Provider, as well as any other login, access information, or programs that require access. As such, the Client permits the Service Provider to access any third-party accounts conjoined with the acquired Services using the login credentials provided by the Client. This also includes any site from which the Client would want the Service Provider to obtain licenced photographs, copyrighted text, audio, video, media, and any material essential in creating and developing the acquired Services.
Verified and Approved Materials
This agreement emphasizes that all material (copy, media, images, links) provided by the Client has been verified and approved for use on the Client’s Services. The Service Provider takes no responsibility in ANY suit(s) that are directed to the Client from materials that have not been approved for use on the Client’s account and Services.
Graphics & Audio, Video Media
The Client accepts full responsibility for any third-party stock photography, audio, and video that is provided to the Service Provider via any channel. Therefore, the Client agrees to hold the Service Provider and its subcontractors harmless, fend, and protect such parties from any claim or lawsuit arising from the use of such material provided by the Client.
Any files containing copy submitted by the Client via email must be in a commonly accepted electronic format (e.g., .doc, .docx, txt, .jpg, .gif, .png, .pdf). Acquiring files through other means will incur additional fees.
If the Client desires the Service Provider to develop or design any additional material for the web, a standard rate of $100/hr will be applied. The standard rate is negotiable based on the work required.
Payment Terms / Workflow
The Client agrees to pay the total cost of the invoiced Services via secure PayPal channel to the Service Provider unless otherwise mentioned in our estimate or invoice. Upon receiving the full payment, complete required access, content from the Client, our designing and development process will commence. The preferred online method of payment is PayPal. Alternative payment options include Bank Draft, Money order, Cheques, Bank transfers and email transfers. A payment plan can be arranged if the Client chooses an alternate way of payment. The Service Provider holds the right to withdraw any online content, designs, and development from the internet if payment is not received within thirty (30) days after delivery of our completion notification. If the Client fails to pay, the Service Provider may take appropriate action, including transferring the account to a third-party collection agency for proper handling and recovery.
Client Substantial Changes
The Client agrees to pay any additional expenses incurred as a result of changes to the original design and development outlined during the initial process. Outside of our agreement, there is no provision for substantial design, development, coding, or configuration. In other words, if the Client requests major development that exceeds our agreement, charge(s) will be billed appropriately.
Some examples include but are not limited to:
Design, ad, website layout, code modifications, programming changes or strategy, and vision change to meet a significant change requested by the client. At the Client’s request to reset new accounts for Google tools including Google Analytics, AdWords, Google Console, and Google Profile. Requesting to change more than half of the text, picture content, and graphics on any given page. Changing the design or creating a new navigational structure, project framework, codes, or design ideology. Reconfiguring the Client’s PPC AD account, Campaigns, and Ads in a significant way. Clients who plan to change the appearance of their site regularly during the design process, as well as Clients who want to be intimately engaged in the design of each page, graphic, or PPC campaign, should negotiate an agreement before acquiring our Services.
Copyrights and Trademarks
The Client comprehensively guarantees that any text, graphics, images, designs, audios, videos, trademarks, or other artwork sent to the Service Provider through email, phone, internet, in-person, or otherwise is permitted for use in connection with the Client’s purchased Services. The submitted items are either the Client’s property or the Client has permission to use them. As a result, the Service Provider and its subcontractors are protected and defended by the Client against any claim or litigation originating from the Client’s usage of such assets. The client agrees that any content used in the development of the website is their property, and the Service Provider will not be liable for the Client’s content or the content of any third party, including, but not limited to, any errors or omissions in the Client’s content or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise. Any copyright Infringements will not be the responsibility of the Service Provider.
Modifications Made by Third-party
The Client agrees that if the Client or an agent of the Client other than the Service Provider modifies Services that were produced by the Service Provider and resulted in damages to the design or impairs the ability for the Services to function properly, the time to repair the Services will be charged at the hourly rate of $100.
The Service Provider reserves the right to allocate subcontractors to developmental tasks to ensure that the work is done correctly and on schedule. All work conducted by subcontractors is monitored and controlled by the Service Provider.
The Client agrees to reimburse the Service Provider for any additional costs that are required for the development to be completed. Purchase of certain typefaces; purchase of specific photographs, audio, and video; forms; purchase of specific software; use of any third-party plugins; third-party web portals; submission to specific search engines at the Client’s request are just a few examples.
The Service Provider will not provide any Services to Client that is engaged in mass-generated adult-oriented sex site, a casino/gambling site, a dating site, a mass-generated MLM get-rich-quick site, an online pharmacy, a generic web hosting site, a generic directory, a generic financial affiliate and/or lead generation site, ‘information’ site (sites promoting ad sense, booklets, mortgages/reverse, getting out of debt, mortgages/home equity, loans, investments, credit cards), or generic e-commerce ‘dropshipping’ site.
The Client’s authorized representative confirms that he or she is at least 18 years old and legally competent to enter into a contract on the Client’s behalf in the Province of Ontario.
The Client agrees to engage, cooperate, and conduct professionally with the Service Provider. Any pattern of improper suspicion, harassing, disparaging, or threatening language directed against the Service Provider staff or contractors will not be tolerated under any circumstance. The Service Provider has the right to take stern legal action, follow the law, and immediately discontinue the development process and all connected Services, with no refunds or assurances to the Client.
The Client agrees that any content submitted to the Service Provider for publishing will not contain anything that might lead to information being used in an offensive or immoral manner. Pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any unlawful behaviour, spamming, advocacy of illegal action, and any invasion of privacy are examples of abusive and unethical content and usage. The Client agrees to protect and keep the Service Provider harmless from any liability arising out of the Client’s publishing or use of content. It is also expected that the Service Provider would not publish anything on the internet that might be used to damage another party. Therefore, the Service Provider retains the authority to judge what is and is not appropriate to be published.
Notwithstanding the foregoing, the Service Provider retains the right to assume the exclusive defence and control of any matter for which the Client is obligated to indemnify the Service Provider at the Client’s expense. The Client also agrees to cooperate with the Service Provider’s defence of such claims at the Client’s expense. When the Service Provider becomes aware of any such claim, action, or process that is subject to this indemnity, the Service Provider shall make reasonable efforts to contact the Client.
After final payment for the requested Service, the Client will receive ownership of the Service(s) and graphics generated by the Service Provider. Design, pictures, graphics, source code, work-up files, text, and any program(s) explicitly produced or acquired on behalf of the Client for the completion of the requested Service are all included in the ownership. Until the Client has made complete payment for the development, all items generated for web publishing remain the property of the Service Provider. If the Client uses the materials indicated in this agreement on the web before making full payment, this agreement will be broken, and corresponding penalties will be imposed.
Design Credit & Reviews
The Client acknowledges that the website, graphics, video, audio, and any development made for the Client will be featured in the Service Provider’s portfolio. If requested by the Service Provider, the Client agrees to provide a text review, audio or video testimonial. Please notify the Service Provider in advance through email if these are unacceptable.
Except as authorized by the Client, the Service Provider, its employees, and subcontractors agree not to share any confidential information to anyone at any time during or after the period of this agreement. Similarly, the Client agrees not to disclose any confidential information collected about the Service Provider to a third party, including strategy and training.
Date of Completion & Cancellation
The Service Provider and the Client must collaborate to complete the development in a timely manner. If the Client decides to cancel Service, it must be requested in writing by the Client within two weeks (14 days) of the purchase. If Service is postponed or terminated 14 days after purchase, the Service Provider has the right to retain 50% of the total price invoiced for the service as a deposit and development expenses. Additional payment may be required if this sum does not cover the Service Provider’s time and expense already committed in the development. If further payment is required, it will be billed to the Client within 10 days of notification to stop development. Therefore, the final payment will be due according to the conditions outlined in this agreement. The Client acknowledges that once the Service Provider has completed the design and development process, any further work will be estimated and invoiced to the Client for future development.
WEB DESIGN TERMS & CONDITIONS
Website Service (Design & Development)
Website Designs are created for niche-specific businesses and should be treated as such. The Service Provider makes no assurance that the website will assist the Client in generating income. The Client is responsible for their company’s operations. As a result, the Client agrees to hold the Service Provider and its subcontractors harmless, protect, and defend such parties against any claims for direct, indirect, consequential, exemplary, incidental, or punitive damages, including lost profit, lost revenue, data loss, or other damages arising from the use of the developed website.
If a domain name is not purchased as part of the Website Plan, a request can be made to have the Service Provider secure a domain name (e.g., www.yourbusinessname.com) on behalf of the Client. All charges incurred in doing so will be billed to the Client as an additional fee. If the Client already has a domain name, the Service Provider may redirect the address to the Clients’ hosting server.
Standard Hosting & Data Services
At the Clients request, the Service Provider may order an account with a hosting provider on behalf of the Client or the Client can acquire the account themselves. If the Service Provider orders an account with a third-party hosting provider, the Client agrees to pay all necessary hosting costs before the web development service begins. All websites are built directly on the Client’s hosting server, and it is recommended that the Client pay the third-party hosting provider on time to keep their finished website live. Failure to pay the third-party hosting provider on time may result in the deletion of the website and hosting backup; accordingly, the Client agrees to indemnify, protect, and defend the Service Provider and its subcontractors from any claim or lawsuit arising from the Client’s failure to pay the hosting provider on time.
The Service Provider may offer e-mail assistance to Clients to set up their email. However, it is recommended that the Client contact their Hosting Provider for e-mail assistance.
All important components of each webpage are tested for viewability on Microsoft Internet Explorer 7.0+ and Google Chrome to ensure compatibility. The Client acknowledges that updated techniques may require an up-to-date plug-in and newer browser version. However, a newer browser version may not be backward compatible when they are produced. Time spent redesigning a site for compatibility due to the launch of a new browser version will be negotiated separately if desired by the Client.
The Service Provider assembled additional options, features, and programming languages that the Client may choose to utilize for their website to enhance its functionality. The Client acknowledges and accepts that the Service Provider is not responsible for any costs or expenses incurred directly or indirectly as a result of the Client’s website payment gateway, fees, penalties, or sales. The Service Provider assumes no responsibility for the Client’s website customer complaints or any transaction, function, configuration, third-party plugin, open-source CMS, or application issues from the day the website is completed by the Service Provider. Unless the Client is a monthly paid service subscriber for technical monthly maintenance service, the Service Provider is not responsible for maintaining the Client’s website.
Search Engine Registration
If the Client chooses to utilize the website booster add-on, the Service Provider will optimize the Client’s website with appropriate titles, keywords and descriptions and then submit the Client’s website to search engines and directories. Otherwise, the Service Provider is responsible for the Client’s website optimization and search engine submission.
Website Design Services
The Client acknowledges that the Service Provider will build their website using open-source platforms such as WordPress CMS and third-party applications. Therefore, the Service Provider will not be held liable for any faults, loopholes, hacks, spam, or any other problem arising as a result of mismatches, upgrading errors with different versions of the CMS and plugins, or applications. The Client also agrees and understands that problems arising from third-party hosting, servers, domain providers, or any other technical reason are not the fault of the Service Provider, and therefore agrees to hold the Service Provider and its subcontractors harmless, protect, and defend such parties from any claim or lawsuit.
ADVERTISING AND SEO TERMS
Clients who purchase Google AdWords and/or Meta (Facebook) Advertising Services are responsible for making direct payments to Google and/or Meta (Facebook) following the setup and design of any ad or campaign by the Service Provider. The Service Provider does not make payments to third parties on behalf of the Client.
The Client acknowledges and agrees to pay Google and/or Meta (Facebook) the set up a (daily, weekly, monthly or yearly) budget for Pay-Per-Click ad and/or Campaigns, and hold the Service Provider and its subcontractors harmless, protect, and fend from any penalty, claim, or suit arising from late payments to Google and/or Meta (Facebook). The Client agrees to be solely responsible for their own Google, Meta (Facebook) and associated Google, Meta (Facebook) Affiliate channels Campaigns / Advertisements. If the Client chooses to use any premium Google or Meta (Facebook) services, the Client agrees to pay the premium fees directly to Google and Meta (Facebook).
Campaign and Advertisement Design
The Client accepts that the Service Provider may utilize free Google AdWords accounts. The Client agrees to supply the Service Provider with keywords relating to the intended niche, as well as demographics, geographic area, and age groups. This includes any concept, message, text, or images provided by the Client to the Service Provider. Any subsequent modifications to the design will incur an extra fee once the Client has accepted the advertisement design.
Advertising Campaign Success Rate
To optimize outcomes and success rate, the Service Provider will use best practices and expertise to set up the Client’s account, campaigns, budgets, and ad designs. Failure with Paid Ads can occur for a variety of reasons, including greater bidding by competitors, a lack of finances on the Client’s part, technological issues, or human errors. In the event of a failure, the Client agrees to indemnify, protect, and defend the Service Provider and its Subcontractors against any litigation.
Refunds are not available for Google AdWords PPC, Google Console, Google Analytics, Meta (Facebook) Advertising, or other associated maintenance and reporting Services. It is the Client’s responsibility to ensure that their website conforms with Google and Facebook’s advertising policies.
The Client agrees that the Service Provider will not be held liable for any violations discovered on the Client’s website, including any disapproval, illegibility from Google, Meta (Facebook) team for campaigns set up by the Service Provider as a result of improper format of the Client’s website, such as Parked Domain, Prohibited Content, Practices, Restricted Content, Editorial or technical violation outlined on Google and Meta (Facebook) website.
The Client acknowledges and agrees that the Service Provider is only responsible for setting up accounts, creating campaigns, and making changes to running campaigns at the Client’s request and that the Service Provider cannot be held liable for any performance issues, damages, online sales, web visitors, online web traffic, pay-per-click traffic, bidding, or other related issues with AdWords or Meta (Facebook) advertising services.
Google Analytics Code Installation
The Client acknowledges and agrees that the Service Provider is not liable for installing Google Analytics code on the Client’s website. The Google Analytics code will be generated by the Service Provider and emailed to the Client but not placed on the Client’s website. The Service Provider will only place the Google Analytics Code on the Client’s website upon written request from the Client; additional cost will apply.
SEO is an acronym for “search engine optimization.” It refers to the process of upgrading your website so that it appears more prominently when people search for items or services connected to your business on Google, Bing, Yahoo and other search engines. The Client acknowledges and agrees that search engines are third-party websites over which the Service Provider has no control and is restricted to optimizing the Client website with the best possible legit method and keywords.
The higher the exposure of the Clients’ web pages in search results, the more likely attention is drawn to the business. Assurance for the first page or first five pages on any search engine is based on the degree of competition in the Clients’ niche, keyword saturation, search engine algorithms, domain age, server response speed, and a variety of other technical considerations. As part of the SEO Service, the three types of SEO considered are on-page SEO, technical SEO, and off-page SEO. Each service is available to the Client at an additional cost.
REVISIONS TO THESE TERMS AND CONDITIONS