Terms of Service

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Explanation of Services & Exclusions

Website Design and Development

Amplico Marketing offers design and development services for web-based projects and intranets, mobile applications, CRMs, and other projects. All web design hosting is done via a 3rd party, and we cannot be held responsible or liable for issues arising from web hosting, site downtime, improper backups, loss of data, or any other hosting-related issues. The client is responsible for reviewing all content created by Amplico Marketing for accuracy, errors, and omissions.

Amplico Marketing will only utilize images when we have full copyright permission. Any images provided by the client are assumed to be the client’s property. All images and aspects of the website belong to the client, and Amplico Marketing is in no way responsible or liable for any issues arising from the images, videos, text, or other content on the client’s website. When a client requests that Amplico Marketing utilizes stock images, photos, videos, or other media on a web design project, it is the responsibility of the client to follow all terms, copyrights, and licensing agreements for such media and is in no way the responsibility of Amplico Marketing.

For certain projects, there may be the need for Amplico to order themes, additional code, pictures, videos, or other media from 3rd parties. It is the client’s responsibility to cover these additional costs if they are not explicitly included in the original price quote. The client must also abide by any 3rd party terms or agreements for such items.

Amplico makes every effort possible to satisfy the needs of our clients. With all projects, we require any special requests to be made upfront prior to beginning the project. Any requests that are made after the project will be billed at our hourly rate to make the necessary changes. Special requests must be submitted in writing prior to the start of the project, including but not limited to themes, layouts, colors, text, content, page copy, color schemes, logos, graphics, icons, and any other on-page elements. Requests that are submitted prior to the start of the project may be re-quoted. Any requests submitted after the project’s start will be billed at our standard hourly rate.

All packages include basic revisions, including small changes to the site, which include swapping out images, changing parts of text, and minor edits as needed. Revisions will not exceed 3 hours of revision work unless otherwise stated in the project proposal. All revisions must be submitted to Amplico Marketing in writing within 5 business days of project completion. Otherwise, any revisions will be billed at the standard hourly rate. Any major edits, including theme changes, layout changes, color scheme changes, and large onsite elements, will be billed at our standard hourly rate and are not included in the package.

When starting a website design and development project, Amplico Marketing assumes that the current website is coded properly and that all involved 3rd parties, including company employees and 3rd party vendors, have provided accurate information about the website’s coding and elements. The cost estimate for the new design and development project is based on the information provided to us by the client and applicable 3rd party vendors.

Amplico Marketing is not responsible for additional costs incurred due to inaccurate information or problems with your current site, which are discovered during the design process. Such additional costs will be billed at our standard hourly rate. When utilizing 3rd party data or 3rd party coding, our price quote is fully contingent on the 3rd party providing data in the proper format, layout, and structure so that it may easily be integrated into the website. The price quoted for website design and development may change if pricing from 3rd party vendors has changed in coding, software, APIs, or other pieces of software. In the event that these additional costs exceed the client’s budget, we will notify the client in writing to ask how they wish to proceed with the project. If a client agrees to proceed, we will provide them with a new estimate for the total cost of the project. If they do not wish to proceed, we will bill them for all current work already performed on the website and end the contract. Due to the nature of development work, any costs and time estimates provided during the proposal process are in good faith and may change upon the start of or during the project depending on any changes in scope, coding conflicts, or other issues that arise as the result of the development project. The client is responsible for reviewing all content created by Amplico Marketing for accuracy, errors, and omissions.

Website Hosting and Server Usage

Amplico takes every precaution possible to ensure websites remain live at all times. However, due to the nature of web hosting, we cannot guarantee 100% up-time. Amplico Marketing is not responsible for any losses incurred during any server or internet downtime, including but not limited to lost opportunities, lost revenues, or other financial or non-financial losses.

Clients are limited to a reasonable amount of server resources, including but not limited to limits imposed on RAM, hard drive space, emails sent per hour, monthly bandwidth, and other standard limits. These limits are assigned case-by-case and can be provided by your account representative upon request. If it is found that you have exceeded these limits, you will be notified. If you continue to repeatedly exceed these limits, we will discuss upgrading your hosting plan. If no action is taken, your hosting account may be terminated for overusing server resources.

Amplico is not responsible for any sensitive data that you or website visitors may transmit through the website. We strongly recommend that all clients purchase cybersecurity insurance.

Search Engine Optimization

Amplico Marketing’s search engine optimization services include on-page and off-page optimization work. We will require website admin and server access to your website to implement on-page SEO changes. Amplico may provide an estimated time frame or cost for ranking higher in search results. Such an estimate is only a best guess from past experiences and may not accurately reflect the actual amount of time or cost to achieve higher rankings due to factors beyond our control — such as website age, website content, search engine algorithm changes, and other factors. Amplico Marketing’s primary objective is to improve your company’s search engine rankings. However, due to factors beyond our control and constant changes in search engine ranking algorithms, we cannot guarantee that your website will increase rankings. Amplico Marketing takes every measure possible to protect your site from the adverse effects of search engine optimization work, including following applicable industry best practices and closely monitoring SEO campaigns. In extremely rare cases, search engine optimization work can harm search engine rankings, including but not limited to lower keyword placement, lower website traffic, search engines deindexing your site, and search engine penalties. Clients are responsible for reviewing all content created by Amplico Marketing for accuracy, errors, and omissions. Amplico is not liable or responsible for any declines in search engine rankings, lost revenues, lost traffic, lost opportunities, or any other damages that may result from utilizing our content creation and SEO services.

Social Media Marketing

Amplico Marketing’s social media marketing services consist of building or optimizing a page on Twitter, YouTube, Facebook, and/or other social media websites. Our marketing services also include building a fan base and following on these social media sites. We require full access to your social media accounts, including but not limited to administrator access and/or username and password, to make applicable changes both on-page and off-page. We guarantee to meet any quotas provided in your social media marketing proposal. However, due to the ever-changing nature of social media and 3rd party websites, we cannot guarantee that you will retain all of your fans, followers, or subscribers on social media websites. The client is responsible for reviewing all content created by Amplico Marketing for accuracy, errors, and omissions.

Email Marketing

Amplico Marketing is not responsible for ensuring email marketing campaigns comply with any/all applicable laws, CAN-SPAM Act, or GDPR. It is the client’s responsibility to ensure that any email marketing campaigns set up by Amplico Marketing comply with all applicable laws and regulations in my jurisdiction. The client is responsible for reviewing all content created by Amplico Marketing for accuracy, errors, and omissions.

Payment & Terms

Any services provided must be paid within the terms of the contract. A credit card or electronic funds transfer (EFT) will be used for billing for all recurring services. Any other invoice not paid within the terms of the contract will be billed to the credit card or EFT on file. In the event that the credit card or EFT on file is not approved, any outstanding balances will be subject to a late penalty of 5% compounded weekly. Any outstanding debts that cannot be collected might result in the client’s website being taken offline, services being undone, and the debt being turned over to collections. Any fees resulting from the collection of unpaid invoices will be added to the invoice, including but not limited to interest, collection agency fees, legal fees, time spent on collections billed at our standard hourly rate, and/or any other collection-related expenses.

Legality & Regulations

Amplico Marketing provides services pursuant to the express instructions of our clients and makes no representations to the legality of the work performed, the conformance of the work performed with existing or future laws, the conformance of the work performed with existing or future regulations by any regulatory or governing body, or the like. It is the sole responsibility of the client and their legal counsel to ensure compliance with all applicable laws, regulations, trademarks, copyrights, or the like.

Branding

We reserve the right to feature your SEO, web design, or marketing campaign on our website as a case study, testimonial, or other featured item. This includes utilizing your company name, logo, and any other trademarked or copyrighted information that would be applicable to conveying the information needed in a case study or featured item. We will not post any personal or sensitive information, such as strategies, billing information, personal contact information, or sensitive data about your business or project. Furthermore, Amplico Marketing reserves the right to brand our SEO, web design, or marketing clients with a link in the footer of your website. The footer link will be placed in a discrete way and will state “Website designed by Amplico Marketing,” “SEO By Amplico Marketing,” “Marketing By Amplico Marketing,” or the like.

Credit Card Usage

You authorize Amplico Marketing to utilize the payment method provided for any authorized purchases as part of Amplico Marketing’s services. These authorized uses may include but are not limited to purchasing stock images, purchasing website themes, setting up marketing accounts with 3rd parties, setting up website hosting with 3rd parties, setting up advertising with Google AdWords, Microsoft AdCenter, or other 3rd parties, and the like. I understand that this payment authorization agreement and the contract shall permit authorized usage by Amplico Marketing and its agents.

Methods & Technologies

Amplico Marketing makes every reasonable attempt to ensure all techniques, methods, and technologies utilized by our company are up-to-date and in line with the latest industry best practices. However, due to the extremely rapid pace of change in the industry, Amplico Marketing does not expressly guarantee that the techniques, methods, and technologies utilized by our company will be the most up-to-date or in line with any current revisions to best practices except where expressly stated in a written proposal. Amplico Marketing is to be held harmless for any problems that arise due to technology, methods, or techniques not being the most up-to-date available. Additionally, due to constant changes in servers, content management systems (CMS), coding, and the like, Amplico Marketing cannot be held responsible for any security flaws or exploits discovered in web development, application development, or other projects.

Proposals, Estimates, & Plans of Action

All proposals, estimates, and plans of action offered by Amplico Marketing are contingent on the accuracy and quality of the information provided to us by the client and based upon information in our possession and expressly stated in the proposal, estimate, or plan of action. Any estimates and time frame projections are based upon the current availability of materials, interfaces, coding, labor availability, and other components required to deliver on the said proposal, estimate, or plan of action. In the event that Amplico Marketing or our team discovers an additional feature, problem, coding change, or other element which is not expressly mentioned in the initial scope of the project, we will notify the client of any estimated additional expenses incurred as well as any additional time needed for completion of the project. Projected time frames do not consider holidays, office closings, or other events outside our control. Due to the complexity of certain projects and the nature of web development, application development, and online marketing, all time frames provided in proposals should be used as an estimate or guideline and not a final projection of the exact time a project will take from start to finish. All proposal pricing assumes all services within the proposal will be awarded a contract; pricing may change if the client decides to pick and choose certain services out of the proposal.

Authorized Personnel

Amplico Marketing may provide account details, website details, marketing details, and other information with any personnel deemed authorized by Amplico Marketing. Any staff or employee requesting information from a client’s company email address or client’s company phone number will be granted access to such requested materials. The client is responsible for providing Amplico Marketing, in writing, a list of personnel who is not deemed authorized to receive such information and/or a list of personnel whose account information should not be discussed. If such a list is not provided to Amplico Marketing, the information may be disclosed to anyone employed by the client’s company. 

Digital Signature

The Electronic Signatures, Global and National Commerce Act permits the use of electronic signatures. The rules and regulations of said act bind any contracts with Amplico Marketing. Client IP addresses will be logged upon signing any digital contracts and will be a legally binding agreement with Amplico Marketing.