Mutual Agreement
Between us Agency 1000x & you ‘the client’.
Summary
We will always do our best to fulfill your needs and meet your goals, with that said it’s best to have a few things written down so that we both know what’s what, who should do what & what happens if stuff goes wrong. You won’t find complicated legal terms or unreadable text in this contract. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
In short
You ‘the client’ are hiring us (Agency 1000x) to build or update your website and or funnel and or optimize and grow your Google Rankings and or Manage Your Ads and or Social Media.
Of course, it’s a little more complicated, but we’ll get to that.
What Do Both Parties Agree To Do?
As our client, you have the power and ability to enter into this contract on behalf of your company or organization. ‘The client’ agrees to provide us with everything that we’ll need to complete the project – including text, images, and other information, when and as needed, in the format we ask for. You ‘the client’ agree to review our work and provide feedback and approval in a timely manner as well. Deadlines work two ways and you’ll also be bound by any dates that we set together. ‘The client’ also agrees to stick to the payment schedule set out at the end of this contract. We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner as described earlier. Along the way, we will do our best to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off on our work on time at any stage. We’ll maintain the confidentiality of any information that you give us and in return, we ask that you ‘the client’ do the same with any documents and or strategies we share with you.
The Text Content for the Google Maps Listing.
In some cases we will create optimized content for ‘the clients’ Google Maps listing and website. This content may not be revised as it affects your SEO rankings, so our optimization must stay in place.
Photographs & Videos
We do not provide any video content or photographs. In some cases, we may request you ‘the client’ get us simple cell phone photos of various aspects of the business.
Website(s) Platform Visibility Issues
If ‘the clients’ website(s) and or Google Maps, or social property’s rankings, reach, or traffic decline due to our actions or competitor’s actions or any unknown reasons, you ‘the client’ agree that Agency 1000x is not liable for any resulting business losses.
Limitation of Liability and Indemnification Agreement for your Website(s) and any Social Profiles.
‘The client’ agrees that Agency 1000x will not be held responsible for any damages or losses, including any indirect or consequential losses, resulting from the suspension, penalization, or de-listing of ‘the client’s’ Website(s) or Social Properties. It is understood that such events are outside Agency 1000x’s control, and ‘the Client’ will indemnify Agency 1000x against any liabilities arising from any of those scenarios.
No Guarantee of Marketing Results:
The parties acknowledge and agree that Agency 1000x makes no guarantees or warranties, express or implied, regarding the outcomes or success of the marketing efforts undertaken pursuant to this agreement.
Changes and Revisions
If ‘the client’ wishes to add changes or revisions to the project, that won’t be a problem. However, any changes will need to be agreed on with an updated proposal/contract before the extra work commences. This additional work will affect deadlines and they will be moved accordingly. We’ll be upfront about all of this, if and when it happens, to make sure we’re all on the same page before proceeding. We may also ask you to put requests in writing so we can keep track of changes.
If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project canceled. At this point, you will pay us in full for all the work we have done and you may commission us to complete the new project based on the new requirements. This will require a new quote, contract, and timeline.
Legal Disclaimer
By agreeing to this contract, you ‘the client’ understand that Agency 1000x didn’t create the platforms, hosting, plugins, applications, email, and SMS services for your website(s) or other online assets including any software or services chosen for this project. Thus, we can’t guarantee that everything we create or work on for you will always be free of errors. In the event of an attack or hacking incident on ‘the clients’ site(s) or other online properties, ‘the client’ understands and agrees that we cannot be held liable for any resulting business disruptions.
Therefore, by signing the proposal on the previous page you agree we’re not liable to you or any third party for damages, such as lost profits, savings, or other incidental, consequential, or special damages arising out of the operation or the inability to operate this website and all other elements mentioned above. This applies even if you were aware of and informed us of potential problems.
Tech Support
Tech Support is Monday – Friday 9am -5pm HST. All Tech support must be done by creating a support ticket on our website. We do not provide phone tech support.
Limitation of Liability and Indemnification Agreement for Google Business Profile Management
‘The client’ agrees that Agency 1000x will not be held responsible for any damages or losses, including any indirect or consequential losses, resulting from the suspension, penalization, or de-listing of ‘the client’s’ Google Business Profile by Google. It is understood that such events are outside Agency 1000x’s control, and ‘the Client’ will indemnify Agency 1000x against any liabilities arising from violations of Google’s policies or inaccuracies in the Client’s provided information.
Legal Compliance ADA, GDPR, and Site Policies.
Some of our clients have opted for compliance plugins on their website with monthly fees and some have had the footer policies (we provide upon request) rewritten by their lawyer, adding in a few extra things for their specific markets. However, most of our USA clients did not modify the standard footer policies at all and skipped ADA and GDPR compliance plugins and they have not had problems. However we are not lawyers, that is not legal advice, and ‘the client’ should do their own research.
With that said, here are some prices of compliance plugins:
GDPR plugins range from $10-20 per month.
ADA Compliance plugins range from $50 to $350 per month.
You can read more about the GDPR & ADA plugins by clicking here.
Whether you choose to skip compliance or not, you ‘the client’ agree by signing this contract that you are authorized to represent the website(s) we build or modify for you and that you agree to not hold Agency 1000x liable for any compliance issues with ADA / GDPR or any other compliance issues that occur from any work done on your website(s) at any time. Furthermore, Agency 1000x will build your website(s) and make changes to it/them in the future, ‘the client’ agrees to check every page for compliance issues and fix any compliance issues after any work is done to ‘the client’s’ website(s) or other online properties.
Headache Over! Now we’re in the home stretch…
Support for Older Browsers and Older Devices.
When we do work on your website, we don’t support older devices or browsers considered vintage, or obsolete. For example, Apple considers the iPhone 6 as vintage. Since it is costly to do the coding work for obsolete/vintage devices or browsers we do not support them from the get-go.
The Text Content for the Website
We work with an excellent Professional Ad Writer who will research your market and ghost write 4-8 (max) high-quality pages of text content for your site. Normally if you would like to keep this content it’s extra $299-$499 content fee, however it is included for free if you choose any of our marketing plans. Or if your content needs are to specialized, then in order to hit the agreed upon timeline we will launch the site with gibberish text and show you how to update the text on your own later at your convenience. If you would rather save money and write the content yourself, you are welcome to provide us with all the text you’d like to use on the website instead, just be sure to get it to use before the launch date or we will launch with gibberish text, or you can purchase the ghost written articles and own the rights to the text. If you need us to modify the pages after the launch we charge $100 an hour for any extra work.
Custom Graphics & Images: What Is Included & What Is Not
By default, we do not provide logos, custom graphics, or extensive stock photo selection. If such work is requested we will send you a separate estimate. Note: If such work is required depending on the amount of work needed it could delay the launch of your project(s). If our schedule allows and we are able to do the work, we may have to move the timeline. Otherwise, we can launch the website with placeholder images and share a video that shows you how to update the images on your sites yourself after the launch or hire us to do it, at a later point. That approach allows us to complete the project on schedule and give you time to come up with images at your convenience. We hope you understand timelines are critical because we work with many clients.
Copyrights
You ‘the client’ guarantee to us, that any elements of text, graphics, photos, videos, designs, trademarks, or other artwork that you provide us for inclusion in the website(s), Social Media, Online Maps, or other properties are either owned by you ‘the client’ or that you have permission to use them. Copyright is automatically assigned as follows: You own the graphics and other visual elements that we create for your project. You can download them from the internet and store them safely, as we are not required to keep them or provide any native source files we used to make them.
Final Legal Disclaimer
If any provision of this agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Although the language is simple, the intentions are serious and this contract is a legal document under the exclusive jurisdiction of the courts of the state of Hawaii.
Payments & Final Terms
To begin, we need a complete payment for the total fees in the proposal. Likewise, if we request a deposit, it will need to be paid before we begin. We are not obligated to do any work if the full payment or deposit is not paid. Note: ‘The client’ can not transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. ‘The client’ can cancel at any time, just give us 15 days’ notice to get you your files.
Dispute Resolution:
Should a dispute arise, representatives from each party will meet within 14 days of written notification to attempt resolution. If unresolved and mutually agreed, mediation will follow. The parties will try to agree on a mediator. If they cannot agree within seven (7) days, a mediator will be appointed by a recognized mediation service agreed upon by both parties. Costs for mediation will be shared equally.
Conclusion
That is the end of our terms and conditions. If you have any questions contact us to discuss.
Now that you have read this, return to the proposal to proceed.