Terms & Conditions for Web Presence Marketing Services
These Terms & Conditions (“T&C”) apply to all Web Presence Marketing services provided by Automated Marketing Group, LLC (“AMG”) to its clients (“Client”). By signing the Web Presence Marketing Package Agreement, the Client agrees to these T&C.
1. Definitions
- Agreement: The Web Presence Marketing Package Agreement signed by the Client.
- Services: The web presence marketing services provided by AMG, including but not limited to SEO, Google Ads, GeoPresence, and Social Marketing.
- Deliverables: Work products resulting from the Services provided by AMG to the Client.
2. Scope of Services
- Services provided are specified in the Agreement and may only be adjusted through a signed Change Order.
- AMG will make commercially reasonable efforts to meet all deadlines, provided the Client delivers required materials promptly.
3. Payment Terms
- Payment Schedule: Payments are due as outlined in the Agreement.
- Late Payments: Payments not received by the due date will incur a 1.5% monthly interest charge or the maximum rate permitted by law.
- AMG reserves the right to pause or terminate services for overdue payments.
4. Client Responsibilities
- The Client must provide accurate and timely information, including but not limited to access credentials, content, and business details.
- The Client warrants ownership or proper licensing of all submitted materials and is responsible for ensuring compliance with copyright and trademark laws.
- Delays caused by the Client’s failure to provide required materials will not alter payment obligations.
5. Ownership of Deliverables
- Deliverables created by AMG as part of the Services become the property of the Client upon full payment.
- AMG retains ownership of any pre-existing tools, templates, or proprietary systems used in delivering the Services, granting the Client a royalty-free license to use them as necessary.
- AMG may include completed projects in its portfolio or marketing materials.
6. Confidentiality
- AMG and the Client agree to protect each other’s confidential information and not disclose it to third parties without prior written consent.
- Confidential information excludes information that is publicly available or independently developed by the receiving party.
7. Revisions and Change Orders
- Changes to the scope of Services must be requested through a signed Change Order.
- Additional work outside the scope will be billed at AMG’s standard hourly rate of $175/hour.
8. Performance Disclaimer
- AMG does not guarantee specific results, including search engine rankings or advertising performance, as these depend on factors beyond AMG’s control (e.g., algorithms, competition).
- AMG will use best practices to optimize performance.
9. Limitation of Liability
- AMG is not liable for any indirect, special, incidental, or consequential damages arising from the Services.
- AMG’s total liability for any claim will not exceed the total fees paid by the Client under the Agreement.
10. Termination
- Either party may terminate the Agreement with 30 days’ written notice.
- The Client will pay for all work completed up to the termination date.
- Upon termination, AMG retains ownership of all unpaid deliverables.
11. Governing Law
- These T&C are governed by the laws of the State of Colorado. Any disputes will be resolved in Colorado courts.
12. Force Majeure
- AMG is not liable for delays or failure to fulfill its obligations due to causes beyond its reasonable control, including acts of God, labor disputes, or governmental actions.
13. Entire Agreement
- These T&C, together with the Agreement, constitute the entire understanding between AMG and the Client.
- No verbal agreements or promises outside the written Agreement and these T&C are binding.
For questions or additional information, contact AMG at:
- Address: 250 E. Dry Creek Road, Ste 202B, Littleton, CO 80122
- Phone: 303-703-8000
- Email: contact@automatedmarketinggroup.com