This agreement (the “Service Agreement”) between you (the “Client” or “you”) and Alpha Bravo Design Group, LLC (the “Company” or “Alpha Bravo Design Group”), and together with Client the “Parties” or each individually a “Party”) is effective on the date of Client’s signature (the “Effective Date”), and is governed by the terms set forth below in this contract. By accepting this Agreement you agree that you have read, understand and agree to be bound by the Terms of Service, which contain, among other provisions, refund policies, dispute resolution provisions, and limitations of liability. The company limits acceptance to this Service Agreement and the Terms of Service, and objects to any other additional or different terms in the Client’s acceptance.
Terms and Conditions:
- Alpha Bravo Design Group, LLC’s services include, but are not limited to:
- (1) Website Design
- (2) Website Management
- (3) Website Hosting
- (4) Custom Website Development
- (5) Pay-Per-Click Ads
- (6) Social Media Ads
- (7)Social Media Management
- (8) SEO Services
- (9) Email Marketing
- (10) Logo Design
- (11) SMS Marketing
- This agreement will outline the terms and conditions for all each of the services listed, although your specific package may not include all of them. This eliminates the need for multiple agreements, especially during an upgrade.
- Alpha Bravo Design Group will provide the services outlined in your invoice, governed by these Terms of Service. You may add additional one- time or recurring products and services at any time during the life of this Agreement. You may add services by either verbally communicating the request to your Account Executive/Alpha Bravo Design Group representative or communicating your request via email. Unless the Parties agree otherwise in writing, any and all products and services added during the Term shall be governed by this Agreement. For the purpose of this Agreement, a Client who is current on its monthly Alpha Bravo Design Group Base Platform payment, as outlined in its Service Agreement, is considered a “Client,” any Client who has not contracted for the services or who is not current on its monthly Base Platform payment will be considered a “Non-Marketing Client.”
SECTION 1: WEBSITE DESIGN:
- If agreed to, Alpha Bravo Design Group agrees to design and develop a website for the client. If the client does not already have a domain name, one will be purchased on the client’s behalf for a charge of $15.00 unless otherwise stated in writing.
- You will own the website, that we design for you and any visuals that we provide with it. We will turn over our work product, including any necessary files, and you will be responsible for their safekeeping. We are not required to keep copies. You guarantee that you have the legal right to all elements of text, photographs, and anything else that you provide to us and that you will not hold us responsible for any third-party claims.
- Refunds are applicable before an approval has been made under the following circumstances:
- Alpha Bravo Design cannot complete the website, and has acknowledged this in writing.
- After a minimum of 5 design revisions, or after 14 business days of updates to comply with requirements set forth by the client.
- Within 14 days of execution of this contract.
- All refund requests must be made in writing and will be processed within 3-5 business days. As soon as a refund request is made, Alpha Bravo Design Group reserves the right to delete any design work already completed, and remove your domain from our CDN.
- Website development is a fluid process dependent on a number of factors, including, but not limited to, Client response time on questions and approvals, Client response time for delivering website content, and requests for additional rounds of revisions. Accordingly, we cannot guarantee your website will “Go Live” on any set timeline. We will, however, strive to minimize response times on our end and bring your website live as soon as practicable. Unless you have contracted for a Custom Website Design, a site will be developed for you based on the website design of your choice.
SECTION 2: WEBSITE MANAGEMENT:
- If agreed to, Alpha Bravo Design Group agrees to manage your website. This includes: daily backups, SEO optimizations, SSL management, and consult calls.
- The client hereby agrees that they will not attempt to tamper with, edit, update, or otherwise access restricted areas of the website that could possibly break the site. Doing so may result in additional charges and/or voiding of your warranty.
- The client agrees to pay for the management services once (1x) per month. It is agreed to make all payments on time and in the full amount.
- There will be a three (3) day grace period for late-payments. After the grace period has expired, Alpha Bravo Design Group hereby reserves the right to suspend and/or remove your site without refund and collect the remaining amount of the contract.
- In the event of the client cancelling the management subscription, any outstanding bills must be paid and the website(s) hosting will be immediately terminated. After receiving a written cancellation request, Alpha Bravo Design Group is no longer required to keep a backup or copy of the site.
SECTION 3: WEBSITE HOSTING:
- If agreed to, Alpha Bravo Design Group agrees to host your website on our managed servers.
- The client hereby agrees that they will not attempt to tamper with, harm, destroy, edit, or update their hosting account in the interest of security and safety for all of our clients. Doing so may result in fees and termination.
- If you fail to make payment, or dispute charges for any services rendered by Alpha Bravo Design Group and partners, we reserve the right to terminate your hosting.
- In the event Alpha Bravo Design Group or partners determine that your account is malicious to our server, or not complying with all written and verbal rules, we reserve the right to terminate your account immediately and collect any outstanding bills and/or fees.
SECTION 4: CUSTOM DEVELOPMENT:
- If agreed to, Alpha Bravo Design Group agrees to complete custom development as per your request on either an existing website or new website.
- For existing websites, Alpha Bravo Design Group accepts no liability for the function of your current site.
SECTION 5: PAY-PER-CLICK:
- If agreed to, Alpha Bravo Design Group agrees to setup and manage an advertising campaign on Google Ads.
- Alpha Bravo Design Group makes no guarantee of results or performance, as marketing can be unpredictable.
- Ad credit payments are strictly non-refundable as we use the funds to fuel your campaigns in Google. Ad Credits cost one dollar per credit. Ad Credits are allocated to media buy (paid placement), campaign management and optimization. Ad Credits are subject to the terms and conditions of the applicable 3rd Party site (Google, Bing, Yahoo, Facebook, etc.), and some services may not be available for some Products or Services. You may access a performance report, which includes raw data on costs, clicks, and impressions at the Google advertising account level by contacting your account executive.
SECTION 6: SOCIAL MEDIA ADS:
- If agreed to, Alpha Bravo Design Group agrees to setup and manage an advertising campaign on Facebook + Instagram; Social Media.
- Alpha Bravo Design Group makes no guarantee of results or performance, as marketing can be unpredictable.
- Ad credit payments are strictly non-refundable as we use the funds to fuel your campaigns on social media. Credits cost one dollar per credit. Ad Credits are allocated to media buy (paid placement), campaign management and optimization. Ad Credits are subject to the terms and conditions of the applicable 3rd Party site (Google, Bing, Yahoo, Facebook, etc.), and some services may not be available for some Products or Services. You may access a performance report, which includes raw data on costs, clicks, and impressions at the Facebook advertising account level by contacting your account executive.
SECTION 7: SOCIAL MEDIA MANAGEMENT:
- If agreed to, Alpha Bravo Design Group agrees to setup and manage social media accounts on: Facebook, Instagram and Twitter
- Alpha Bravo Design Group hereby agrees to comply with the features listed on your particular package.
- You have full access and ownership of your social media accounts, thus Alpha Bravo Design Group cannot be held responsible for the content on such accounts, interactions, or any legal consequences. Alpha Bravo Design Group is classified as a hired and outsourced consult/manager.
SECTION 8: SEO SERVICES:
- If agreed to, Alpha Bravo Design Group agrees to optimize your website and update for SEO to the best of our ability.
- Alpha Bravo Design Group hereby agrees to comply with the features outlined in your management package.
- Results and performance are not guaranteed.
SECTION 9: EMAIL MARKETING:
- If agreed to, Alpha Bravo Design Group agrees to manage and market to your email lists.
- The client is responsible to ensure that they are compliant with all CAN-SPAM spam laws from government agencies and terms set forth by 3rd party providers, such as MailChimp, Drip, Sendgrid etc.
- Results and performance are not guaranteed.
- The client is the sole owner of email lists and accepts such responsibilities.
SECTION 9: LOGO DESIGN:
- If agreed to, Alpha Bravo Design Group agrees to design and extend a design contest to private partners for your business logo.
- The client understands that the contest and/or designs may be publicly accessible.
- The client will receive a large number of entries for the logo design. The client is required to select one (1) design, which is most liked. Updates/changes after the selection is not available.
- This service is non-refundable.
SECTION 9: SMS MARKETING:
- If agreed to, Alpha Bravo Design Group agrees to manage and market to your SMS lists.
- The client is responsible to ensure that they are compliant with all laws from government agencies and terms set forth by 3rd party providers, such as MailChimp, Drip, Sendgrid etc.
- Results and performance are not guaranteed.
- The client is the sole owner of SMS lists and accepts such responsibilities.
SECTION 10: PAYMENTS (NON-RECURRING):
- The client hereby agrees to promptly make payment for non-recurring services, such as Website Design. Payments are due on the effective date.
- All non-recurring payments are non-refundable unless otherwise noted in writing.
SECTION 11: PAYMENTS (RECURRING):
- Once you have executed your Service Agreement, you will be responsible for payment in full of all associated payments. All payments are due in US dollars. Unless otherwise stated, the client will pay all amounts due under this Agreement monthly, in advance. The initial payment will be taken on the Effective Date, and you will be billed for subsequent payments as outlined in your invoice until otherwise cancelled. If you are a client, you acknowledge that you are required to pay the full amount due for the Services each month through the Initial Term and Renewal Terms at no less than the monthly recurring marketing total listed in your Service Agreement. You will be required to agree to all applicable payment authorization forms, which authorize recurring billing in accordance with your agreement. The client warrants the validity of any ACH information provided to Alpha Bravo Design Group, and acknowledges that Alpha Bravo Design Group is entitled to debit Client’s account for any ACH fees charged to Alpha Bravo Design Group due to Client’s error, including, but not limited to, incorrect information, invalid account numbers and non-sufficient funds. Alpha Bravo Design Group uses a credit card updating service that automatically updates credit card numbers where a credit card has expired or been replaced. You acknowledge that Alpha Bravo Design Group has a right to charge any credit card updated in this manner in accordance with these Terms of Service and the Service Agreement. YOU UNDERSTAND AND ACKNOWLEDGE THAT ALL AMOUNTS OWED MUST BE PAID IN ADVANCE AND THAT, IN ADDITION TO BEING IN BREACH OF YOUR CONTRACTUAL OBLIGATIONS, YOUR SERVICES MAY BE PAUSED OR TERMINATED IF TIMELY PAYMENT IS NOT RECEIVED OR IF A PAST PAYMENT HAS BEEN DISPUTED.
- The client hereby agrees to pay the entire balance listed on this contract.
- There will be a three (3) day grace period for late-payments. After the grace period has expired, Alpha Bravo Design Group hereby reserves the right to suspend and/or remove services without refund or compensation. Reactivation after the grace period expires will be 5% of the contract value/late day. After 30 days of non-payment, a 3rd party collections agency will be required to collect the entire contract value listed below. Alpha Bravo Design Group hereby reserves the right to require the entire balance to be paid in the event of late, non-payment, or services re-activation.
SECTION 11: CANCELLATION:
- Client may cancel the services by providing no less than 30 days’ written notice of cancellation via mail or email addressed to the client’s Account Executive or Project Manager, as applicable. If you have not completed the Initial Term, cancellation will be effective at the completion of the Initial Term. If you have completed the Initial Term, services will continue through the end of the next applicable Renewal Term, and will then be cancelled.
- In the event of cancellation, the client hereby agrees to pay 50% of the remaining balance of management subscriptions/fees. For example, if a client who pays $450/mo (excluding ad credits) cancels with 4 months remaining in the contract, this client will be required to pay for 2 months of management services ($900).
- You may, upon written notice (email is acceptable), revoke such cancellation within 30 days after you have made a cancellation request, in which case the Service Agreement will be reinstated and all applicable services will be reinstated upon payment in full of all amounts owed. If the cancellation fee has already been paid it shall be applied to any future amounts owed.
- We may cancel this Agreement at any time for any reason, and in our sole discretion, by providing written notice of cancellation to you. Cancellation will take effect at the end of the then current billing period. Written notice may be provided to you via email. If we terminate this Agreement, we will reimburse you for any unused funds within 30 business days from the effective cancellation date.
SECTION 12: COLLECTION OF DEBTS & DISPUTES:
- You agree to pay all costs of collection (including attorneys’ fees, costs and other legal and collection expenses) incurred by Alpha Bravo Design Group in connection with its enforcement of its right to payment under the Agreement. Any amounts not paid by you when due shall bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less).
- If you dispute any payment with your credit card company or bank, and such dispute is resolved in Alpha Bravo Design Group’s favor, you will be assessed a charge of $100 per dispute initiated. You acknowledge that this amount is not a penalty, but a reasonable amount of liquidated damages to compensate Alpha Bravo Design Group for the additional costs incurred in defending your payment dispute.
- Alpha Bravo Design Group reserves the right to request verification of any payment methods used or on file. In the event of fraud, identity theft or the use of unauthorized funds, the client will be held liable for all fees and fines associated.
SECTION 13: LICENSE:
- During the Term, you hereby grant to Alpha Bravo Design Group a non-exclusive, royalty-free worldwide license to use, copy, backup, modify, display, broadcast and transmit any of your content, including but not limited to your website, text, images, logos, trademarks, service marks, promotional materials, photos, audio, and video content relating to your existing website, as applicable, to the extent necessary and for the sole purpose of allowing Alpha Bravo Design Group to perform the Services. This license will terminate 30 days after termination of the Service Agreement.
SECTION 14: AUTHORITY & LIABILITY:
- In the event that you are purchasing the Services on behalf of another company, you personally represent and warrant that you have been authorized by such company to act as its agent in all respects related to the agreement. Without limiting the foregoing, you agree on behalf of each such company that such company has been made aware of, and agrees to be bound by, these Terms of Service.
- By signing you personally represent that (a) you have the power to enter into this Agreement and be bound to its obligations hereunder on behalf of the Client; (b) the execution of this Agreement by the Client has been authorized by all necessary corporate actions; and (c) upon execution of the Service Agreement, this Agreement constitutes a legal, valid and binding obligation of Client, enforceable against Client in accordance with its terms. Client further represents that Client has the right to use all intellectual property, including but not limited to copyrighted materials and trademarks, supplied to Alpha Bravo Design Group for use in conjunction with the services.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALPHA BRAVO DESIGN GROUP SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO ALPHA BRAVO DESIGN GROUP FOR THE SERVICES SOLD HEREUNDER. WITHOUT LIMITING THE FOREGOING, ALPHA BRAVO DESIGN GROUP IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO ANY CONTENT, OMISSIONS, OR ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS OR ON SOCIAL MEDIA OR ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF CLIENT DATA WITHIN CLIENT’S ALPHA BRAVO DESIGN GROUP ACCOUNT. WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE IN CONJUNCTION WITH THESE SERVICES. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SERVICES TO YOU.
SECTION 15: SECURE ACCESS:
- When providing access to a secure area, whether it be, but not limited to a WordPress login, FTP login, cPanel access or server access, the client does so winningly and understands that any member of our team and partners will have unlimited access to the server/website for the contracted time period.
- The client will not hold Alpha Bravo Design Group for issues or complications that were unforeseen when connecting and accessing the server/site.
- Alpha Bravo Design Group hereby states that the access will not be shared with any person not affiliated with Alpha Bravo Design Group or partners.
- Upon receiving a written request from the client, Alpha Bravo Design Group will cease and terminate all connections to the server/website.
By signing this agreement, you officially state your compliance with all terms listed, as well as other written terms such as an invoice or P.O. You warrant that you are at least 18 years of age and have the capacity to enter into this contract on behalf of the organization you represent (if applicable). You agree to the length and price listed below for this contract’s value, and you have read and agree to the Early Cancellation Policy. You acknowledge that you are ultimately responsible for the Total Contract Value.