Terms of Service - Design Services & Social Media Consulting:
This policy represents the BizBOOM! Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all BizBOOM! customers agree to when they sign-up for any of the BizBOOM! website design services and/or Social Media Consulting/Implementation services.
BizBOOM! reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers. Customers using any services offered by BizBOOM! agree to be obligated by, and must comply with, all policies in this TOS or must otherwise opt out of and cancel their web design service and/or Social Media Consultation/Implementation with BizBOOM!. BizBOOM! retains the sole discretion to make judgment regarding any violation by any BizBOOM! customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer's services without refund and/or, if deemed appropriate, be legally prosecuted.******************************************************************
General Provisions: In consideration for BizBOOM! maintaining one or more accounts (each "Account"), you, as the BizBOOM! customer, agree to the following terms of service. Definitions "We" "Us" or "Provider" or "BizBOOM!.", or "bizboom.us" refers to BizBOOM!. "You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for web site design service or Social Media Consulting/Implementation or is a designate of anyone who applies for web site design service or Social Media Consulting/Implementation.
Disclaimer of Warranty: The Internet, web site design as well as Social Media Consulting/implementation are considered a service, and clients are billed at an hourly rate for work performed. In some cases we will create a package of services for you, which will include a set number of hours estimated for the project requested. In the event that your project goes beyond the stated amount of time, BizBOOM! will utilize the time that was packaged, and inform the client that there is additional time required for the project. At this point the client has the choice to take the project as is, or can request in writing that we continue the work and invoice client for the additional time required for the project. BizBOOM! MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither BizBOOM! nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of BizBOOM!.
Limitation of Liability: IN NO EVENT SHALL BizBOOM! BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE BizBOOM!'s SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF BizBOOM!'s SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF BizBOOM! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BizBOOM!'s MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO BizBOOM! FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, BizBOOM!'s LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification: You agree to indemnify, defend and hold BizBOOM! and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses,damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto BizBOOM! servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to BizBOOM!'s equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by BizBOOM! gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Choice of Law: This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of California, County of Butte. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
Services Provided by BizBOOM! will provide web site design services and/or Social Media Consulting/implementation to its members for the express purpose of designing a web site, making modifications to an existing web site, consulting on social media marketing strategies, creating various pages on social media third party websites and/or implementing said social media marketing strategies on behalf of client or providing custom programming work. BizBOOM! members will use the provided services in a manner consistent with any and all applicable laws. BizBOOM! provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. BizBOOM! reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violations are committed, BizBOOM! can terminate client's services without notification.
Client Content: Client agrees that web pages and files will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of BizBOOM! or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to BizBOOM! or any third party. Customers may not run IRC, bots or clients. BizBOOM! will be the sole and final arbiter as to what constitutes a violation of this policy. BizBOOM! does not normally monitor the contents of clients websites, however if suspicion occurs, BizBOOM! reserves the right to investigate and terminate the clients subscription to the service.
False Information: Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contacts BizBOOM! concerning unethical, false or unlawful activities by you, BizBOOM! reserves the right to suspend or terminate your service with or without notice.
Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Payment, Renewal, Cancellation-Payment Obligations: BizBOOM! sends out invoices that are due every pay period. You are given up to fifteen (15) days to fully pay the invoice. You warrant and represent that the information you supply in the Order Form, contract(s), email correspondence (or other information that BizBOOM! may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment is not received by the due-date, your services may be suspended. It is the client's responsibility to ensure that payment is made to BizBOOM! prior to the due date and although BizBOOM! sends notices to our customers prior to their due date, because of the ability for a customer to change their contact email addresses without notifying BizBOOM!, the customer is ultimately responsible for remembering their due date and to make sure payment is made upon the due date.
Completion of Project: The project will be considered complete after being "live" for a minimum of 30 days. The term live refers to someone on the internet being able to access your website by visiting your URL. In the event that you are unhappy with the performance of your website after the 30 days, since the 30 day live period has passed, your project is considered complete. You are welcome to negotiate additional work on your website, at additional fees.
Refunds: BizBOOM! services are considered Digital Goods. As such, no refunds will be issued for website design labor, work performed related to website design, social media plan implementation nor custom software that is purchased per the client request.
Late Fees: Clients have the option to pay an invoice at any time by logging into their BizBOOM! account and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than 7 days (the grace period), the account is automatically assessed a late fee of 10% of the invoice. If an invoice is overdue by more than 14 days, the account may be automatically suspended, assessed an interest rate of 18% APR Interest (interest will be applied monthly), and may be referred to collections.
Collection and Attorney Fees: In the event that terms and conditions stipulated are not met, the cost of collections, including reasonable fees and expenses of collection party, attorney or accountants will be due payable by the contracting party.