Mutual Agreement
Mutual Agreement
This section outlines both parties’ key responsibilities and expectations, ensuring transparency and a smooth working relationship.
Summary
You are hiring Beyond Digital Marketing, LLC, to provide digital marketing services as outlined in our proposal. Both parties agree to adhere to this agreement’s deadlines and payment terms.
Responsibilities
As our client, you agree to provide all required assets (text, images, feedback, etc.) in a timely manner. We will deliver services professionally and on schedule, barring any delays caused by late approvals or missing assets.
Contract & Payment Terms
- All invoices are due upon receipt via check or ACH.
- A 10% late fee will apply to invoices outstanding 45 days or more.
- By signing this agreement, you acknowledge and agree to act as the personal guarantor for any debt incurred under this agreement.
Copyrights
- You confirm that any text, graphics, photos, designs, trademarks, or other artwork you provide us for use in your project are either owned by you or that you have the necessary permissions to use them.
- Upon receipt of your final payment, the following copyright terms apply:
- You own all graphics and visual elements we create for your project.
- We will provide you with copies of all project files. You are responsible for storing them securely, as we are not obligated to retain or provide native source files used during the project.
- You retain ownership of any text, photographs, or other materials you provided, unless they are owned by another party.
- We retain ownership of the markup, CSS, and other code created for the project and grant you a license to use them exclusively for the completed project.
- We reserve the right to showcase your completed project as part of our portfolio. This includes displaying it on our website, linking to it, or featuring it in articles, magazines, or books about web design.
Change Requests & Revisions
From our experience, fixed-price contracts often restrict flexibility and creativity, which may limit your ability to refine or adjust your vision. We believe in keeping your options open to allow for changes and enhancements as your project develops.
- Project Estimates:
- The estimate or quotation is based on the amount of work we anticipate will be needed to meet the goals and requirements you’ve shared.
- Changes and Additional Work:
- If you wish to make changes, such as adding extra pages, templates, or functionality, that’s not a problem. However:
- Additional work will incur extra charges, which must be agreed upon before work begins.
- Changes may affect the project timeline, and deadlines will be adjusted accordingly.
- We will clearly communicate any impacts on costs and deadlines, ensuring mutual agreement before proceeding.
- We may request that change requests be submitted in writing for clarity and record-keeping.
- If you wish to make changes, such as adding extra pages, templates, or functionality, that’s not a problem. However:
- Significant Project Scope Changes:
- If the scope or nature of the project changes substantially during development:
- We reserve the right to cancel the current project.
- At that point, you will be required to pay in full for all work completed to date.
- You may then commission us to complete the new project under a revised scope, which will require a new quote and contract.
- If the scope or nature of the project changes substantially during development:
- Approval and Final Invoicing:
- Approval to launch the website or campaign constitutes your acceptance of the final deliverable.
- Once the deliverable is approved, the second half of the project invoice will be issued for payment.
- Any additional requests after the site or campaign launch will fall under a new scope of work and will be billed separately.
By maintaining this approach, we ensure transparency and flexibility, enabling you to achieve your vision while managing expectations effectively.
Late Payment Terms
Payments not made within 45 days of the invoice date may incur late charges of either (i) ten percent (10%) per month or (ii) the maximum amount allowed by applicable law if payment is not received on time, beyond Digital reserves the right to suspend all projects and services, including web hosting until the outstanding balance is paid in full.
- If you subscribe to any service, subscription fees will be charged automatically on the designated payment date, monthly or annually, depending on your subscription plan. Subscriptions will renew automatically unless canceled in writing 30 days in advance.
- Fees will be charged using the valid payment method provided. To prevent automatic payments and renewals, you must cancel your subscription before the renewal date. Failure to make timely payments may result in suspending or terminating your hosting account and associated services.
- In the event of disputed charges or chargebacks initiated through your payment provider (e.g., credit card processor or PayPal), Beyond Digital reserves the right to suspend or terminate services at its sole discretion. Services may be reinstated only after you pay a restoration fee and cover any dispute or chargeback fees incurred.
- If you are using our services to design, build, or manage client applications on behalf of third-party customers, you remain fully responsible for all payments associated with the services, even if your customers fail to pay you.
Account Termination Terms
- Clients may request termination of their account and services by giving Beyond Digital a 30-day written notice. All outstanding invoices must be paid in full before the termination date. No refunds will be issued for fees already paid. Upon termination, services will cease, and any applicable deliverables will be provided once all payments are settled. Any account reactivation after termination will be subject to a reactivation fee.
- There is no termination fee; however, the time it takes to prepare and send any offboarding materials (e.g., logo source files, client assets, website zip, etc.) will be billed at our standard hourly rate and is due before the materials are released.
Specific Provisions
Stalled Projects
If communication ceases for 30 days or more, your project will be deemed stalled. A $250 reactivation fee will be required to reactivate it.
Managed Services
- Managed Email Accounts: Available at $12 per user per month.
- Domain Management Services: Available at $150 per year.
Payment and Late Fees
- Invoices are due upon receipt.
- A 10% late fee applies to invoices outstanding for 45 days or more.
- Beyond Digital reserves the right to adjust fees at any time. If you do not agree to a fee change, you may cancel your services without incurring the revised fees. However, any fees already paid will not be refunded.
- If you have received a promotional rate, discount code, or similar offer, your services will renew automatically at the standard (non-promotional) rate once the promotional period expires.
Guarantees and Hosting
While we strive for perfection in hosting and maintenance services, Beyond Digital Marketing cannot guarantee against all risks (e.g., hacks, downtime). Our hosting options are exclusively available for sites we develop and include routine maintenance and best-practice security measures.
DELIVERABLE SPECIFIC TERMS & CONDITIONS
Bank of Hours Project Terms & Conditions
By purchasing or utilizing a Bank of Hours, the client agrees to the following terms:
- Purpose:
- The Bank of Hours is a prepaid package of hours purchased by the client to be used for services provided by Beyond Digital Marketing. These hours are designed to offer flexibility for completing projects, consultations, or tasks requested by the client.
- Usage:
- The Bank of Hours must be used exclusively for the services outlined in the service agreement between the client and Beyond Digital Marketing.
- Hours are billed in increments of [minimum time increment, e.g., 15 minutes].
- Tasks and projects are scheduled based on availability and agreed timelines.
- Validity:
- The Bank of Hours is valid only within the calendar year of purchase. Any unused hours expire at 11:59 PM on December 31 of that year and cannot be carried over to the next calendar year.
- No refunds or credits will be issued for unused hours.
- Expiration:
- All unused hours will be forfeited at the end of the calendar year.
- Clients are encouraged to schedule tasks in advance to ensure adequate use of purchased hours.
- Tracking of Hours:
- Beyond Digital Marketing will track and provide an updated record of hours used and remaining upon request.
- It is the client’s responsibility to review the balance and schedule work accordingly.
- Additional Hours:
- If the client exceeds the purchased hours, additional hours will be billed at the standard hourly rate or the rate agreed upon in the service agreement.
- Payment Terms:
- Payment for the Bank of Hours must be made in full at the time of purchase, or it may be divided into quarterly or monthly payments.
- Bank of Hours is non-refundable, non-transferable, and may not be exchanged for cash.
- Scheduling:
- Service requests are subject to Beyond Digital Marketing’s availability. Advanced notice is required for all project scheduling.
- Emergency or rush requests may incur additional fees and are subject to availability.
- Cancellation Policy:
- If a scheduled service is canceled or rescheduled by the client with less than 24 hours’ notice, the time reserved may be deducted from the Bank of Hours.
- Termination:
- Beyond Digital Marketing reserves the right to terminate the agreement for the Bank of Hours in cases of breach of contract, misconduct, or other valid reasons. Any remaining hours at the time of termination will not be refunded.
- Modification of Terms:
- Beyond Digital Marketing reserves the right to update or modify these terms at any time. Notice of changes will be provided to clients, and continued use of the Bank of Hours constitutes agreement to the updated terms.
- Acknowledgment and Acceptance:
- By purchasing a Bank of Hours, the client acknowledges that they have read, understood, and agreed to these terms and conditions.
For any questions or clarifications, please contact our Founder and CEO, Steven Black.
Paid Media Campaign Project Terms & Conditions
- Campaign Scope & Strategy:
- The scope of the paid media campaign will be outlined in a proposal or contract, including objectives, platforms, budget, and timeline. Both parties must agree upon in writing any changes to the scope.
- Budget & Payment:
- The client agrees to a set campaign budget as specified in the contract. The budget will cover all advertising spend and management fees. Payments are due upon invoicing; no media spend will occur until payment is received.
- Campaign Management & Adjustments:
- We will manage the campaign by optimizing ads, targeting, and strategy to achieve the agreed-upon objectives. Any significant changes or adjustments requested by the client that may affect the campaign’s outcome will be evaluated and may incur additional fees.
- Reporting & Performance:
- We will provide regular campaign performance reports detailing key metrics such as impressions, clicks, conversions, and other relevant data. However, we do not guarantee specific results (e.g., a set number of leads or sales), as results depend on various factors outside our control.
- Campaign Duration:
- The campaign will run for the agreed duration. If either party wishes to terminate or pause the campaign early, a 45-day written notice must be provided. Any unused budget will be returned, subject to terms in the agreement.
- Third-Party Platforms & Terms:
- Campaigns may run on third-party platforms (e.g., Google Ads, Facebook, etc.), and we are not responsible for changes in platform policies, algorithms, or fees.
- Client Responsibilities:
- The client agrees to provide all necessary assets (e.g., creatives, logos, copy) in a timely manner. Failure to provide required materials may delay campaign launch or affect performance.
- Confidentiality:
- Both parties agree to keep any confidential information shared during the campaign confidential, including campaign strategies, results, and proprietary information.
By proceeding with the paid media campaign, you agree to these terms and conditions.
Search Engine Optimization (SEO) Project Terms & Conditions
- Scope of Services:
- SEO services include keyword research, on-page optimization, technical SEO, content recommendations, backlink strategy, and performance reporting. The proposal or contract will outline specific services and deliverables. Both parties must agree in writing upon any changes to the scope.
- Client Responsibilities:
- The client is responsible for providing access to their website and any relevant analytics accounts (e.g., Google Analytics, Search Console). The client must also supply any content or assets requested to optimize the site. Delays in providing these may impact timelines.
- SEO Campaign Duration:
- SEO is an ongoing effort, and results may take time to materialize. The campaign will be based on an agreed timeline, which may be extended to achieve desired results if needed. SEO work is typically billed monthly.
- SEO Results & Performance:
- While we will make every effort to improve your site’s search engine rankings, SEO results are not guaranteed due to the ever-changing nature of search engine algorithms. We do not guarantee specific rankings, traffic, or sales but will work to improve your site’s visibility and performance over time.
- Reporting & Communication:
- We will provide regular reports detailing key metrics such as search rankings, traffic, and backlinks. Based on data insights, we will also monitor performance and suggest adjustments to the strategy.
- SEO Strategy Changes:
- If the agreed-upon strategy or scope needs to be modified (e.g., additional work, new keywords, or services), both parties must agree to the changes, and additional charges may apply.
- Third-Party Tools & Platforms:
- We may use third-party tools for keyword tracking, reporting, and analytics. These tools may require access to client accounts. The client is responsible for maintaining their accounts and paying any fees for third-party tools used in the campaign.
- No Guarantee on Search Engine Algorithm Changes:
- Search engine algorithms are constantly evolving, and we cannot be held responsible for changes in rankings or results due to algorithm updates beyond our control.
- Payment & Billing:
- SEO services are billed regularly (e.g., monthly). Payment must be received before work begins each month. Fees are non-refundable, and work will pause if payment is not received.
You agree to these terms and conditions by proceeding with the SEO services.
Website Design & Development Project Terms & Conditions
- Scope of Work:
- The services provided will include website design, development, and any additional services as outlined in the project proposal. Any changes or additions to the scope of work must be agreed upon in writing by both parties and may incur additional fees.
- Third-party license fees and stock photography costs are not included in the scope of work and will be invoiced as additional costs upon client approval.
- Client Responsibilities:
- The client must provide all necessary content, such as text, images, and branding materials, in a timely manner. Delays in receiving these materials may impact project timelines. The client is also responsible for reviewing and providing feedback on the designs and development stages within the agreed-upon timeframes.
- Project Timeline:
- Project timelines are based on the scope of work and client cooperation. Delays in client feedback, content delivery, or other factors may affect the agreed-upon timeline. We will notify the client if deadlines are impacted.
- Design Revisions:
- Design revisions are included as part of the project. However, excessive revisions beyond the agreed number or scope may incur additional charges. Any changes or additions after project approval may also lead to additional costs.
- Website Hosting & Domain:
- Hosting and domain registration are separate from the website design and development costs. If we are responsible for hosting, payment must be made for hosting services before the website is published.
- Ownership & Copyright:
- Upon final payment, the client will own the design and content of the website (excluding third-party software or assets). We retain ownership of the underlying code and development files, which are licensed to the client for use solely on the delivered website.
- SEO & Performance:
- SEO (Search Engine Optimization) is not automatically included in the design and development package unless specified. We will follow best practices for performance and SEO, but we do not guarantee specific rankings or traffic.
- Payment & Billing:
- A 50% deposit is required to start the project and is non-refundable. The final 50% is due upon project completion or as the agreement outlines. Payment must be received in full before the website goes live.
- Termination & Cancellation:
- If either party wishes to terminate the project before completion, the client will be billed for the work completed up until the termination date. Cancellations must be submitted in writing.
- Warranty & Support:
- We provide a limited warranty for the website after launch to address any bugs or errors. Ongoing support and maintenance beyond this warranty period are available for an additional fee. Therefore, we are not liable to you or any third party for damages, including but not limited to lost profits, lost savings, or any incidental, consequential, or special damages resulting from the operation or inability to operate the website or its pages, even if we have been advised of the possibility of such damages.
By proceeding with the website design and development project, the client agrees to these terms and conditions.
Website Hosting Terms & Conditions
- Hosting Migration:
- If we did not build your website, a migration fee will be applied to move its content to our dedicated hosting environment. This fee is charged at our standard hourly rate and invoiced separately.
- Server Access:
- We do not provide clients with server (cPanel or FTP) access to maintain the high security and configuration of our servers.
- CMS Access:
- Only after the full payment for the website project is received will admin and editor-level access be provided. We recommend making site edits at the editor level. Any changes made at the Admin level that require our time to fix will be billed at our standard hourly rate.
- Security:
- We follow best practices and offer routine WordPress maintenance to help protect your site. However, we cannot guarantee that your site will not be hacked. We strongly recommend subscribing to our weekly backup service, which ensures we have a previous restore point in case of a compromise.
- Changing Hosts:
- If you decide to move your website to a different host, we will package all site files and databases for you.
- Please note that some servers may not fully support your site, which could result in a loss of functionality. We are not responsible for any issues or functionality loss on the new host.
- There is no termination charge; however, we will bill you at our standard rate for the time spent packaging your website and database.
- If additional programming or extensive consulting is required to ensure the site functions on the new host, this will also be billed at our standard rate.
- Payment for all related services must be received before we release the packaged files.
- Hosting fees will continue until you have notified us that you have transferred your site.
CLOSING TERMS & CONDITIONS
Legal Information
We reserve the right to revise these policies at any time without notice. This contract is non-transferable without prior written permission from Steven Black, our Founder and CEO. If any part of this contract becomes invalid or unenforceable, the remaining parts of it will remain in full force.
By signing this agreement, you acknowledge and agree to act as the personal guarantor for any debt incurred under this agreement.
The laws of Connecticut govern this agreement. If any provision is deemed invalid or unenforceable, the remaining provisions shall remain in full effect.