Terms of Service
Our Website's Fair Use Terms and Conditions
Website Terms of Service
By accessing the website at https://LocalBizGuru.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on LocalBizGuru’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on LocalBizGuru’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by LocalBizGuru at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on LocalBizGuru’s website are provided on an ‘as is’ basis. LocalBizGuru makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, LocalBizGuru does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall LocalBizGuru or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on LocalBizGuru’s website, even if LocalBizGuru or a LocalBizGuru authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on LocalBizGuru’s website could include technical, typographical, or photographic errors. LocalBizGuru does not warrant that any of the materials on its website are accurate, complete or current. LocalBizGuru may make changes to the materials contained on its website at any time without notice. However LocalBizGuru does not make any commitment to update the materials.
LocalBizGuru has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by LocalBizGuru of the site. Use of any such linked website is at the user’s own risk.
LocalBizGuru may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of OH and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Terms Governing Services Rendered
These Terms & Conditions were last updated on May 31, 2020.
When we use the terms “we”, “agency”, or “us”, we are referring to LocalBizGuru. When we use the terms “you” or “client” we are referring to the client, usually the other party on a written agreement.
These are general terms and conditions that cover all projects performed by LocalBizGuru. Unless an addendum is specifically written, attached to a proposal or letter of agreement, and signed as agreed to by an agent of LocalBizGuru, it is not valid. Please refer to this document to determine the applicable terms and conditions.
These terms apply during any project worked on for the Client. The applicable start date of this agreement is when the first service was requested or the first agreement or proposal accepted, and this agreement ends upon severance by one of the parties, or upon cancelation or postponement of a project. Many terms will survive this agreement’s severance, but will continue with an ongoing responsibility to uphold those terms.
The parties to this agreement are LocalBizGuru and the Client, defined as the person or entity receiving services. Delivering payment for an invoice, or signing a proposal or letter of agreement (by electronic or physical means), signifies acceptance and agreement of these terms and conditions. Parties will act reasonably and in good faith. The Client, acting in capacity for himself or herself, and as an agent for the company he or she is representing, certifies and attests that he or she understands and agrees to all terms and conditions set forth here, through signing an agreement or making a payment.
The Client will receive, for consideration, any or all of the following, as well as other services possibly not listed here (further detailed on the specific project proposal and/or brief):
- creative work
- design work
- marketing ideas
- marketing strategies
- website design
- website development
- graphic design
- printed materials
- animated video
LocalBizGuru will receive, for consideration, monetary fees for services rendered and products delivered.
Agreement to be Billed
LocalBizGuru offers services and products for fees. When any work is requested, whether it is design, coding, brainstorming, discussions (in person and on telephone), writing, research, preliminary, planning, meetings, or any other time invested in the Client’s company that is not purely administrative in nature, can and will be billed at the current hourly rate, or at a previously agreed upon rate. The Client is responsible to pay these fees as they come due. When no estimate or price was prepared before work begins, all services will be billed at the current hourly rate, in fifteen minute increments, rounded up. The minimum billable time on a per-day basis is one half hour, for an active client (currently sending out 1 bill per month or more). Inactive clients have a minimum billable time on a per-day basis of one full hour. Phone or or in-person consultations shall be billed in 15-minute increments. Any approval of pricing, including verbal approval, approval through invoicing or accounting systems, and approval via email, shall be valid and legally binding.
Client and Agency may sever this agreement at any time, upon 30 days written notice to the other party. Severing this agreement means no future projects will be governed by these terms and conditions. Under no circumstances or conditions does ending this agreement change the validity and applicability of the terms discussed herein from any project or work that was started or completed during the applicable dates of this agreement. If the Client severs this agreement in the midst of an ongoing project, cancelation or postponement fees may become due, or by request work on that project can continue until the project is completed under all terms and conditions detailed herein, at which point the relationship will be severed. If LocalBizGuru severs this agreement during a project, the Agency may either end the project immediately, returning any unused portion of payments, or the Agency may see the project through to completion and sever the working relationship upon conclusion of the project. Severing this agreement causes the relationship to end with no further requirements; HOWEVER, in no way does severing this agreement end the applicability of the ongoing responsibilities and duties discussed herein.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.
Jurisdiction will be ONLY the State of Ohio in the United States of America, in Cuyahoga County. Where documents conflict as to the jurisdiction, Ohio shall prevail.
All disputes MUST be submitted to an arbitrator, according to the rules of the American Arbitration Association. The arbitrator’s decision will be valid, final and legally binding, upheld in any court of law. Failure to appear for the arbitration or causing an undue delay to attend arbitration (greater than 60 days) constitutes a default judgement against the party neglecting to show or schedule, unless it is due to some reasonable and unavoidable circumstance. An attorney may appear at an arbitration in proxy for either party, and video conferencing is acceptable and considered attendance, as long as it is within the boundaries of the rules of the American Arbitration Association and agreeable to the arbitrator. If the decision is decided in favor of LocalBizGuru, Client agrees to be liable for all arbitration fees, court costs, and attorney’s fees.
Parties to this agreement agree to reasonable confidentiality with all aspects of the project and/or information learned about the other company that is reasonably expected to be kept confidential. This does not apply to parts of the project that are designated to become public knowledge, HOWEVER a best effort will be maintained to keep these items confidential until such time as they are ready to be revealed to the public. Confidential information will be shared with employees, freelancers, consultants, advisers, legal counsel, accountants, and others, as the Agency may see fit to accomplish the project, receive payment, or to perform any actions in the Agency’s best business interests.
Right of Refusal
LocalBizGuru reserves the right to refuse service for any projects that it deems obscene or offensive, including but not limited to pornographic materials. This refusal is solely up to the discretion of LocalBizGuru. Client expressly waive all rights to dispute a refusal by LocalBizGuru, no matter the reason.
In order to best serve the Client, LocalBizGuru makes substantial investments of money and time to recruit, train and retain technical and creative staff. The Client acknowledges that hiring any of LocalBizGuru’s staff, whether for small side projects or as an employee, would cause LocalBizGuru to suffer losses and incur expenses in connection with the recruitment and training of replacement employees and/or freelancers. These losses and expenses are not possible to quantify. The Client accordingly agrees that in the event it offers employment or side projects to any employee or freelancer of LocalBizGuru, while this person is offering services to LocalBizGuru or within 180 days of termination of offering services, a sum equal to 800 hours at the current hourly rate will be paid to LocalBizGuru, unless a different agreement is reached, in writing, signed and notarized by an agent for each LocalBizGuru and the Client. This payment is not due as a penalty but as liquidated damages. The Client agrees that such payment is fair and reasonable under such circumstances. This payment obligation shall survive the termination or cancelation of this agreement. LocalBizGuru agrees to not hire, recruit or assist in placing any employee of the Client during the term of this agreement and for 180 days following the termination, cancelation or completion of this agreement, unless specific instructions in writing are given.
Limitation of Liability
CLIENT SHALL NOT HOLD AGENCY OR ANY SUBSIDIARY, PARENT COMPANY OR AGENT THEREOF LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE FROM FAILURE TO PERFORM ANY ASPECT OF THE PROJECT IN A TIMELY MANNER, WHETHER DUE TO NEGLIGENT ACTS OR OMISSIONS OF AGENCY, THIRD PARTIES, OR CLIENT. FURTHERMORE, CLIENT SHALL NOT HOLD AGENCY OR ANY SUBSIDIARY, PARENT COMPANY OR AGENT THEREOF LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE FROM ANY ASPECT OF THIS PROJECT WHATSOEVER, WHETHER REASONABLY FORESEEABLE OR NOT, INCLUDING CIRCUMSTANCES BEYOND THE CONTROL OF THE AGENCY. AGENCY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. IN NO EVENT SHALL LIABILITY OF AGENCY EXCEED THE SUM OF FEES RECEIVED FROM THE PROJECT AT ISSUE.
Obtaining Legal Counsel
Certain policies and/or terms and/or disclaimers and/or statements may be published on a website or in a document or in a deliverable as a matter of course during the development of a project. These statements MUST be evaluated by legal counsel to be considered valid legal statements – LocalBizGuru places this information there as a placeholder and informally, with the understanding that the Client will have a proper legal opinion created to determine what to publish here. Client should also read through any policies or disclaimers published on their behalf to verify that these are in alignment with the Client’s business actions and goals.
Price given before work starts are minimum estimates only, and are only valid for 30 days from the date submitted. At times, the scope of the work is not fully clear before the project begins, or the specifications change in order to deliver the best final product possible when confronted with new information. As such, the price may increase from the original estimate. While this does not generally happen, in an effort to keep projects moving smoothly and progressing quickly, the estimated price may increase up to an additional 25% of the originally estimated amount without further approval on my part; however, if the final price is to be greater than the original price plus an additional 25%, I will be alerted to this and my approval will be necessary to continue working on the project. My approval, verbal or otherwise, will be valid and legally binding. If additional work is necessary or requested, or if specifications change mid-project, the total price will likely change.
Individual payment schedules are usually agreed to along with the fixed price. Hourly or smaller projects may be billed up-front or with a deposit made before work begins; refer to the project notes. If no terms were specified, a deposit of 50% is due, with the remainder due upon completion of the project but before delivery. Invoices are due immediately, with a ten day grace period, unless I have requested credit and been approved by the Agency (not available until at least one year of a working relationship exists). A late fee of $50 is due and may be applied to the invoice on the 15th day after being issued. For invoices over $2500, a late fee of $100 is due and may be applied to the invoice on the 15th day after being issued. Additional late fees are assessed every 30 days thereafter. Client will be responsible for, and pay, all collection fees or legal fees necessitated by default in payment. No rights to any deliverable are transferred until the balance is paid in full, and a usable version of deliverables may not be delivered until any balance is paid in full. If the Client hosts their own website, and it was developed by LocalBizGuru, the Client hereby gives LocalBizGuru explicit permission to go onto the server and take the website offline until any balance is paid in full. Launching the site after LocalBizGuru pulls it down, without consent and while still owing a balance, will incur penalty fees of an additional 70% of the total project price, due immediately. Client forfeits all rights to request a chargeback or dispute a credit card charge with my credit card company.
LocalBizGuru operates under a fee-for-service model. Payments made are either for services agreed upon previously and committed to purchasing or for services previously rendered. Therefore, LocalBizGuru does not offer refunds. Payments made can sometimes be applied to future work, usually only if project was not canceled or postponed.
If a rush fee was added to the original price of a project, once the project starts the rush fee is due regardless of outcome.
Cancelation or Postponement
If this agreement is canceled or postponed, 30-100% of the total project cost will be due, based on the amount of work done and expenses incurred, at the sole judgement of LocalBizGuru. If requested, and a prepaid payment is made to the Agency for the time estimated to be spent with the consultant, LocalBizGuru will meet with a licensed lawyer or accountant in good standing with no board complaints and review where fees were applied and why (only if more than the minimum cancelation fee of 30% was due). Postponed is defined as more than 21 days passing without receiving feedback from the Client, except during holidays or during scheduled vacation time. If the project is canceled or postponed, all monies already paid are forfeit and no further work will be performed whatsoever. Licenses to use any materials are contingent upon explicit written permission from LocalBizGuru (to verify payments are complete and terms are followed). A new price and agreement will be necessary to continue work on the project.
The Client is liable for all expenses arising from any projects, at the current price charged by LocalBizGuru, including the payment of any sales tax due on expenses or on said project. Typically this price is cost + 20%, or for stock photography, the regular retail price or the regular retail price for a comparable pack of credits. In some cases an expense may be billed directly to the client, payable via credit card or check. If an advance for expenses is requested, Client will pay the advance in full before the expenses are incurred. Projects may be delayed by a delay in payment for expense advances. Expense payments follow the same terms as regular invoice payments.
Client will designate one person to act as project director or to have final say, to accept and approve materials and facilitate communication. In no event will LocalBizGuru accept change requests from anyone except for this client side Project Coordinator. On each proposal is a main contact person; this person is by default the client side Project Coordinator. Client may request to change the client side Project Coordinator via email or in writing, with 3 days notice. Client side Project Coordinator can request corrections and changes through either the Creative Director or the company side Project Coordinator, if applicable. To avoid confusion, change requests and corrections MUST NOT be submitted directly to any designers or programmers; the confusion caused by submitting change requests to the wrong person may cause billing to rise above and beyond the initial quote.
Warranty of Originality / Consent to Use
To LocalBizGuru’s best knowledge, all deliverables are original and unpublished, or the proper licenses and releases have been obtained, on a limited or unlimited basis. To the Agency’s best knowledge, deliverables do not contain any scandalous, libelous, or unlawful matter.
To the client’s best knowledge, all materials provided to LocalBizGuru for use in any project are originals produced by the client or have all the necessary and proper licenses and permissions. In addition, materials presented by client for inclusion are certified to not contain any scandalous, libelous, or unlawful matter. CLIENT EXPLICITLY INDEMNIFIES AND HOLDS AGENCY HARMLESS AGAINST ANY AND ALL CLAIMS, COSTS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, FOR MATERIALS INCLUDED AT CLIENT’S REQUEST OR FOR MATERIALS THAT EXCEED MAXIMUM ALLOWABLE USAGE WITHOUT EXTENDING THE LICENSING PROVISIONS. CLIENT ALSO INDEMNIFIES AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES, DUE TO USES FOR WHICH NO RELEASE WAS REQUESTED IN WRITING OR FOR USES THAT EXCEED AUTHORITY GRANTED BY A RELEASE. FURTHERMORE, IF AGENCY INCURS ANY DIRECT OR INCIDENTAL EXPENSES OR FEES DUE TO INCLUSION OF MATERIALS AT CLIENT’S REQUEST, CLIENT AGREES TO REIMBURSE AGENCY.
Timely Delivery of Materials
Necessary source materials must be delivered in a timely manner. For materials not delivered in a timely manner, LocalBizGuru reserves the right to stop all work on the project until materials are received. The project may be subject to a cancellation or postponement fee if more than 3 weeks go by without communication.
Source materials will be either destroyed or filed with client’s files, unless specifically requested for the source materials to be returned. This may incur an expense reimbursement to ship the source materials back to the client. No source materials will be returned until final payment is received.
LocalBizGuru will contact or meet with the Client periodically, by phone, email, in person or via telecommunications, to update the Client on all tasks complete, problems encountered and any recommended changes to the project at hand.
Testing and Proofreading
CLIENT IS RESPONSIBLE TO PROOFREAD AND/OR TEST ALL MATERIALS. WE WILL MAKE A GOOD-FAITH EFFORT TO CHECK SPELLING AND GRAMMAR CLOSELY, BUT ULTIMATELY THE RESPONSIBILITY IS THE CLIENT’S. UPON APPROVAL FROM THE CLIENT, INCLUDING VERBAL APPROVAL, WE MAY PLACE ORDERS FOR PRINTED MATERIALS OR SUBMIT ADS FOR PRINTING OR LAUNCH A WEBSITE; THESE PRINTED MATERIALS MAY INCLUDE TYPOGRAPHICAL ERRORS, CONTENT ERRORS, CONTACT INFORMATION ERRORS, OR GRAMMATICAL ERRORS, UNLESS CLIENT CATCHES THEM BEFORE PRINTING OR PUBLISHING. THE CLIENT WILL STILL BE RESPONSIBLE TO BOTH PAY FOR THE ARTWORK AND CONCEPTS, AS WELL AS ALL PRINTING/ADVERTISING COSTS ASSOCIATED WITH THE ERROR, AS WELL AS ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES.
Correction requests for any errors will be made in a timely manner. If more than 10 business days lapse without receiving correction requests, the project will be considered complete for all intents and purposes. Most errors will be fixed free of charge, however, at times, error corrections after the project is considered complete or if the error is the fault of the Client will be billed.
Scope of Work
If the Client changes the scope of the work, by either requesting additional work, or by changing specifications, or by making changes to logos or wording after the project has started or after approval was received, or requesting additional sizes not specified at the beginning of the project, or by any change that deviates in the slightest from the initial project details, the Client may incur additional charges. Slight changes in wording during the course of the project are normal and within the scope of work. Changes to the company name after a logo or identity project has started will incur additional charges. These additional charges may not always be detailed during the project to keep things moving smoothly, and may only come up at the end of the project.
LocalBizGuru retains the ownership rights to all original art, film, animation, video, drawing, icon, logo, code and design work created or compiled for the Client (an additional license can be purchased for LocalBizGuru to relinquish these rights). Furthermore, the Client waives his/her right to challenge the validity of LocalBizGuru’s ownership of the media subject to this agreement because of any change or evolution of the law. The Client receives a semi-exclusive, limited license to all work product produced under this agreement, except for copywriting/content or branding/driving force work written up for the Client, in which case the license is an unlimited, semi-exclusive license, to do with the final copywriting what they will to produce the best SEO (Search Engine Optimization) and/or marketing results. This license in totality is dependent on the existing licenses for any and all stock artwork or photography used in the project. When it is easily foreseeable, LocalBizGuru will make the Client aware of potential issues and deal with potential licensing issues by purchasing additional rights on behalf of the Client. A semi-exclusive license here means that LocalBizGuru retains ownership and reserves the right to re-use small individual portions of the project in other relevant projects, so long as the other project is in an unrelated industry or is geographically separate (generally greater than 50 miles apart), unless a nationwide license has been purchased. A limited license here means both that the artwork may only be used for the medium it was designed (i.e. artwork in a brochure can not be used as artwork for an advertisement without an additional license fee) and that there is a limitation of reproducing any physical piece; the Client must not reproduce the finished piece more than 500,000 times. At the point that the client wishes to reproduce the finished deliverable in excess of 500,000 times, a new expanded license must be obtained. Transfer of ANY license is contingent upon payment in full. Websites and art and design for websites are restricted to the internet, and the artwork or design may only be displayed on one domain name at a time. Forwarding domain names is allowed.
Logo or Identity License
The General License terms above apply to logos and identity packages as well, however, these are granted an additional exclusive license, unless otherwise stated in writing. Usage is limited to the pre-determined geographical area, and exclusivity is guaranteed nationwide. Additional compensation must be negotiated to increase usage of logo to other geographical areas. Geographical areas are loosely defined as a circle with a 100 mile diameter, centered over the main address of the business when on any coast or within 75 miles of a coast, and a circle with a 150 mile diameter centered on the business when more than 75 miles away from a coast. Rights to use the logo nationwide may also be purchased outright for a negotiated sum. Logos are also restricted to ensure quality when reproduced in any medium.
For a better outward appearance of the client, copyright notices included on the final deliverable, if applicable, and copyright notices placed on websites, will all be placed in the name of the Client’s company. This does not affect the actual ownership of the materials pursuant to all stipulations herein.
Copyright and/or Trademark Infringement
It is the Client’s right to bring suit against another company or person for copying logo or design work completed for the Client. If the Client chooses to bring suit, it is the Client’s complete and sole responsibility. Transference of this right to the Client is not a relinquishment of LocalBizGuru’s right. In order to register design pieces with the United States Copyright Office, the Client can pay LocalBizGuru a set per-copyright fee of 1.5 billable hours to cover the costs incurred to register such pieces. If the Client will be registering the final files, the Client understands that it is best to do so within 90 days of creation and that LocalBizGuru must be named as the creator and copyright holder. If the Client wishes to apply for a trademark, which the Client will own pursuant to licenses and restrictions already stated, the Client shall be fully responsible, financially, legally and otherwise, for the entire trademark application process.
All rights not expressly granted to the Client are retained by LocalBizGuru, including any electronic rights to usage and including, but not limited to, all rights in sketches, comps, or other preliminary materials. Any use in addition to the use expressly granted requires arrangement for payment of a separate fee.
Any electronic alteration of original art or design (including but not limited to color shift, mirroring, flopping, combination cut and past, deletion, etc.) and/or creating additional art either at different sizes or different dimensions, or based on or conceptualized from the original artwork, is prohibited without the express permission of LocalBizGuru. LocalBizGuru shall be given first opportunity to make any alterations required. Unauthorized alterations shall constitute additional use and will be billed accordingly.
Third Party Licenses
Some elements of the design, writing, code, photography, artwork, clips, sound, or other media may be licensed by LocalBizGuru from other companies or persons, in which case I receive a license to these elements, subject to the permissions in the license owed by LocalBizGuru. LocalBizGuru retains ownership of the artwork, design, code, writing and other media, or ownership to the license granted by a third party.
Byline and Portfolio
LocalBizGuru reserves the right to display a byline or credit line, suitable to the design of the media, on all media developed for the Client. An additional 50% of the fee for the deliverable will be due for failure to include the byline or for future deletion, when LocalBizGuru chose to include this line. In pieces where there is artwork, the right to place a byline is independent of the artist’s signature, which will be included at the artist’s discretion unless otherwise agreed to in writing. Samples of printed media will be made available to LocalBizGuru upon request, unless a new printing must be completed to deliver the samples. Samples and photos of materials produced may be displayed in a portfolio, online or otherwise, for LocalBizGuru. The Client may request, for an additional 100% fee, to remove all items from any portfolio.
Delivery of Files
Final files for any project will be delivered electronically, over the internet, to either the client or the printer, or both. For a service fee of one billable half hour, Awesome Creative Agency will write files onto a free CD/DVD or free flash drive and deliver the files in this way.
If LocalBizGuru is overseeing the printing, specifications will be discussed and detailed. If the Client is overseeing the printing, the project specifications must be detailed and outlined before the project begins, including bleeds, margins, folding or binding requirements, colors, etc. Failure to determine printing specifications before design phase may result in additional fees for extra communication with printer, publisher, or for additional conceptualization, or for recalibrating or adjusting the design and/or artwork for the final specifications.
File Warranty and Storage
LocalBizGuru will put forth an effort to retain site, logo, design and other files for at least one year after the completion of each project. Furthermore, LocalBizGuru agrees to restore the original version of a website to the Internet during the warranty period of one year after completion of the website at no cost to the Client. Such assistance shall include uploading the site (as the site was at time of completion, or to the latest backup available) to a server already set up with LocalBizGuru (new servers will require a new server-setup fee). Additionally, for a service fee of one billable hour, LocalBizGuru will write the site and/or design files to a free CD/DVD or free flash drive and send the files to me at any time. Any assistance in excess of this will be billed hourly. Reparation of changes or modifications done by other parties will be billable hourly. However, if unavoidable circumstances cause LocalBizGuru to lose the design files, the Agency will not be held liable for the files.
Logo and Identity Terms
When requesting a logo or identity project, it is the Client’s responsibility to verify that the name requested is available in all the necessary jurisdictions. This includes domain names and at the state and federal level, if required. It is also the Client’s responsibility to verify that the name or tagline is not trademarked or reserved in some other way. LocalBizGuru assumes no liability in the event that the name designed was unavailable. Name changes, after the initial designs, can and will be billed additional fees for the additional work necessary. These additional fees will be due whether the name change is due to learning that the name is not actually available, or due to a new thought process from the Client. When developing a logo or identity package, LocalBizGuru will use reasonable commercial efforts to verify that logos or identities are original. The Agency’s efforts shall not include a preliminary or a complete trademark or service-mark search. For a higher level of assurance, the Client should consult with a qualified attorney or consultant or the U.S. Patents and Trademarks Office, not party to this agreement. CLIENT EXPLICITLY HOLDS THE AGENCY HARMLESS FOR ANY DAMAGES THAT OCCUR, INCIDENTAL OR CONSEQUENTIAL, FROM FAILED OR REJECTED TRADEMARK APPLICATIONS BASED ON DESIGN OR CONEPT WORK FROM THE AGENCY.
Moving a Website
As part of its services, the Agency hosts or maintains software for websites. Some of these plans include free hosting and some require paid plans. Regardless, if the Client wishes to change hosts, the Agency can move all files over to the new host for a fixed fee equal to 4 billable hours. If the domain name is registered with the Agency, this can be transferred to a registrar of the Client’s choice for a fixed fee equal to 3 billable hours. An additional per-year fee of registered years will be due, at the current per-domain-year price, if the Client has not paid for the years registered. One year or less of registration is not billable.
Search Engine Optimization (SEO)
LocalBizGuru makes every best effort to produce the best possible results when performing Search Engine Optimization. HOWEVER, there are NEVER any guarantees that any activities will result in better search engine performance. LocalBizGuru performs numerous services in the overall effort of creating a more substantial search engine presence. These activities both take time to produce results (sometimes years) and also may simply not be enough if there is too much competition. See above, the disclaimer of all warranties, express and implied. AGAIN: THERE CAN NEVER BE ANY GUARANTEES THAT SEO WILL PRODUCE THE DESIRED RESULTS.
When LocalBizGuru is producing copywriting for the Client, THE BURDEN OF CLARIFYING STATEMENTS, VERIFYING THAT ALL STATEMENTS ARE CORRECT AND WITHIN THE LEGAL BOUNDARIES OF WHAT YOU CAN SAY, REVIEWING CONTENT TO VERIFY THAT IT IS TRUTHFUL AND ETHICAL TO PRINT/PUBLISH, AND ALL OTHER RELATED ACTIVITIES ARE EXPLICITLY THE CLIENT’S. IN NO WAY WILL THE AGENCY BE LIABLE FOR MISTAKES DUE TO CLIENT’S OVERSIGHT. COPYEDITING SERVICES AND COPYWRITING SERVICES ARE NOT MEANT IN ANY WAY TO IMPLY THAT THE SERVICES WILL ACTUALLY SELL ANY PRODUCT OR SERVICE; EVERY MARKET IS VOLATILE WITH MULTIPLE CONDITIONS AFFECTING IT AT ANY TIME.
Marketing advice, solutions, plans and consulting are all presented to the Client as suggestions. Ultimately, the choice of what to do and the responsibility of those choices belongs to the Client; this is in part due to the tremendous number of factors affecting any business, such as customer service, attitude, financing, etc. COMMON SENSE AND FISCAL RESPONSIBILITY ARE ALWAYS IMPORTANT ASPECTS OF ANY MARKETING PLAN. See above, in the limitation of liability, where THE AGENCY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, AND THE FITNESS FOR A PARTICULAR USE.
Other Terms May Apply
Review the proposal or letter of agreement, if applicable, where the scope of work is outlined and additional terms may be detailed.
Acceptance of Terms
As stated at the beginning of this document, signing or accepting any letter of agreement, proposal, quote or email signifies acceptance and agreement of all the terms herein. In addition, making a payment on an invoice signifies acceptance and agreement of these terms as well, as stated on the invoice.