Terms of Service
Terms and Conditions
This agreement takes effect the moment first payment is made by the purchaser (“Client”) to Fenix Point, LLC (“The Company”).
- The Company has experience and expertise in the development of Local Search Engine Optimization (“SEO”) Strategies for local businesses, web pages, and websites.
- Client desires to have The Company develop and deploy local SEO strategy and online marketing services.
- The Company desires to develop Client’s local SEO strategy and online marketing services.
In consideration of the mutual covenants set forth in this agreement, Client and The Company hereby agree as follows:
Length of Agreement and Renewals
- The length of the Initial Term of the Agreement will be agreed upon at the point of sale.
- The Initial Term begins once the Client has fully paid for the Initial Term of service and any applicable setup costs.
- Once the Initial Term is complete, a new Monthly Term will automatically begin.
- The new Monthly Term ends on the same day that it started in following month.
- Once a Monthly Term is complete, a new Monthly Term will automatically begin.
- The price for the Monthly Terms will be stated at the point of sale.
- All Terms are paid at the beginning of the Term.
- Development of Strategy and Optimization Services.
The Company agrees to create, manage, and employ the following online marketing products and services:
1.1 Local SEO Service
1.1.1 Google Listing (Google Places or Google+ Local or Google My Business).
- If a Google Listing already exists The Company will claim and provide instruction to the Client on how to verify the listing via phone, mail, or other means.
- Once the Google Listing is created OR claimed and verified, The Company will optimize Client’s, Google Listing.
- The Company will provide necessary updates to the Client’s Google Listing upon request from Client or as The Company sees fit.
- The Client’s Google Listing will be claimed under a Google account that is owned by The Company. The Client will be provided ownership of the Google Listing only if:
- Google allows ownership rights to be transferred to the Client’s own Google account
- The Client requests ownership via phone.
- The client will not be given access to the Google accounts that The Company owns.
1.1.2 Yahoo! Listing.
- The Company will create Client’s Yahoo! Listing (Yahoo! Local) unless a listing already exists.
- If a Yahoo! Listing already exists, The Company will provide instruction to the Client on how to verify the listing via phone, mail, or other means if requested by Client or as The Company sees fit.
- Once the Yahoo! Listing is created or claimed and verified, The Company will optimize Client’s Yahoo! Listing as The Company sees fit.
- The Company will provide necessary updates to the Client’s Yahoo! Listing upon request from Client or as The Company sees fit.
- The Client’s Yahoo! listing may be claimed under a Yahoo! account that is owned by The Company. The Client will be provided ownership of the Yahoo! Listing only if:
- Yahoo! allows ownership rights to be transferred to the Client’s own Yahoo! account AND
- The Client requests ownership via phone.
- The client will not be given access to the Yahoo! accounts that The Company owns.
1.1.3 Bing Listing.
- The Company will create The Client’s Bing Listing unless a listing already exists.
- If a Bing Listing already exists, The Company will provide instruction to the Client on how to verify the listing via phone, mail, or other means if requested by The Client or as The Company sees fit.
- Once the Bing Listing is created, claimed AND verified, The Company will optimize The Client’s Bing Listing as The Company sees fit.
- The Company will provide necessary updates to The Client’s Bing Listing upon request from The Client or as The Company sees fit.
- The Client’s Bing Listing may be claimed under a Bing account that is owned by The Company. The Client will be provided ownership of the Bing Listing only if:
- Bing allows ownership rights to be transferred to the Client’s own Bing account AND
- The Client requests ownership via phone.
- The client will not be given access to the Bing accounts that The Company owns.
1.1.4 Other Online Directory Listings.
- The Company will work to provide the Client with a variety of online directory listings.
- Due to the ever-changing value of online directories, there is not a permanent list of directories to which Clients are submitted.
- Some online directories allow for submission only. The Company is unable to edit the information on these directories after publication.
- As the business owner, the Client has ownership rights to their directory listings through the directory website only.
1.1.5 Geo-Targeted Landing Page or Landing Page Package.
- The Company may create and publish a one-page (Landing Page) OR a four-page (Geo-Targeted Landing Page) landing-page for the Client’s business.
- The Landing Page will be search engine optimized in an effort to benefit the Client and as The Company sees fit.
- The Company will be responsible for hosting the Landing Page.
- The Geo-Targeted Landing Page or Splash Page Landing Page will use a URL owned by The Company.
- The Client may purchase the URL to the Geo-Targeted Landing Page or Landing Page for a fee of $99.00.
- The Client may opt-out of the Geo-Targeted Landing Page or Landing Page altogether and The Company will not create one for the Client.
1.2 Custom Website Design (CWD) Package.
- The Company will create and publish a website up to 10 pages for the Client’s business.
- The CWD will be search engine optimized in an effort to benefit the Client and as The Company sees fit.
- The CWD design will be based on input received from the Client.
- The Company will be responsible for hosting the website as long as the Client is paying their monthly hosting fee.
- The CWD will use a URL owned by The Company or one that is transferred by Client.
- The ownership of the URL is available for an additional charge.
- The monthly hosting fee is $19.95.
- All files are stored as HTML5, CSS3, and PHP.
1.2.1 Bandwidth Policy
- The Company dedicates 750mb to every CWD Client.
- If additional bandwidth is needed, there is an additional $19.00 monthly charge for up to 2,048mb (2GB).
- The Company is not liable for any negative consequences due to exceeding the available bandwidth including any downtime that may occur.
1.2.2 Domain Limitation
- The Company directs only one (1) domain to The Company’s server for Client’s website.
- The Company can provide an IP address to which additional domains may be directed, as needed.
- The Company is not liable for any domains aside from the primary domain linked to The Company’s server.
1.2.3 Add-Ons/Plugins Installation Policy
- There is a $49.00 one-time installation fee for every free plugin or 3rd-party add-ons The Client chooses to install on their CWD.
- The Company does not own, license, or customize the code for the plugins that are available.
- No payment is for the creation of plugins or 3rd party add-ons that are available.
- The client may purchase additional plugins and then pay the one-time installation fee to have them installed on their CWD.
1.2.4 Image Policy
- The Company uses stock images temporarily until images are received from The Client.
- The stock images used are not intended to help market or convert consumers or to generate revenue, from copyrighted content.
1.2.5 Hosting and URL Ownership Rights Transfer Policy
- If The Client chooses to purchase the ownership rights to the files of their LP, there is a one-time transfer fee of $199.00 to send the LP files to The Client.
- The Company will not provide any technical support after the transfer of the CWD/LP files.
- If The Client chooses to purchase the ownership rights to the URL of their CWD/LP, there is a one-time transfer fee of $99.00 to transfer the URL to The Client.
1.3 Reputation Monitoring Add-On Service
- The Company offers a reputation monitoring service.
- The Company is not responsible for any content delivered by this service.
- The service is available to the Client by request or as The Company sees fit.
1.4 Google AdWords (Search Engine Placement).
- The Company offers Google AdWords for an additional charge on top any other services rendered.
- The Company will optimize The Client’s Google AdWords campaign in a manner that The Company believes will best benefit the Client’s business.
- The Company collects a management fee equal to 35% of the Client’s total monthly ad spend (the industry average is 45%).
- For example, if The Client pays $1000 to Google for their AdWords campaign, The Company will collect $350 on top of the $1000 spent.
- The cost of the Client’s Google AdWords campaign may be adjusted by the client on a month-to-month basis by contacting Client Experience in writing 7 days or more prior to the upcoming billing date.
- The Client may, at any time, pause their AdWords campaign with Google, but this does not pause billing with The Company.
- Upon cancellation of services, the following campaign data, which is representative of the entire duration of the campaign, remains the property of The Company:
- Average cost-per-click (CPC)
- Click through rate (CTR)
- Under no circumstances will The Company provide shared access or view access to AdWords accounts or campaigns or any intellectual property contained therein.
- Regular campaign reporting is provided for the duration of the Client’s AdWords campaign(s).
1.5 Review Generation.
- The Company offers a review generation service for an additional charge.
- The Company uses a third-party provider to collect the reviews for The Company’s clients.
- The Company is not responsible for the content collected or published by the third party.
- Delivery Dates
The Company will use reasonable diligence in the development of the SEO services and endeavor to deliver all services within a maximum of 30 days from the account start date. Client acknowledges, however, that there is not a delivery deadline if Client fails to resolve any SEO queries on time or delay in providing required access, documents, permissions, or any support for SEO purposes. Client shall retain all of its intellectual property rights in any text, images or other components it owns and delivers to The Company for use in the SEO services rendered under this agreement.
For all of The Company’s services under this agreement, Client shall compensate The Company as agreed at the time of sale. In the event Client fails to make any of the payments agreed to on time, The Company has the right, but is not obligated, to pursue any or all of the following remedies: (1) terminate the agreement, (2) remove services or resources owned by The Company, and/or (3) bring legal action.
Client and The Company acknowledge and agree that the specifications and all other documents and information related to the development of local SEO services (the “Confidential Information”) constitute valuable trade secrets of The Company. Client shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this agreement, without The Company’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.
- Limited Warranty and Limitation on Damages.
Client waives any claim for damages, direct or indirect, and agrees that its sole and exclusive remedy for damages (either in contract or tort) is the return of the amount paid to The Company.
5.1 The Performance Promise.
Fenix Point promises that it will apply a credit for Client’s next month of basic service if, after the third payment, Client’s business is not on the first page of a major search engine using any of your search phrases in your local area (e.g. Dentist in Houston TX). It is the Client’s responsibility to call us before each eligible month’s billing date to receive said credit.
- The Company strives to work for only one (1) business within a specific category within any given ZIP code.
- The Company defines “specific category” as the primary category used in The Client’s Google listing.
- The Company performs a monthly check of its database to identify all cases where it may be working for more than one (1) business within a specific category within any given ZIP code.
- When The Company identifies instances where work is done for more than one (1) business within a specific category within any given ZIP code, The Company will offer the competing clients a reduced rate.
- Cancellation Policy.
- The Client may cancel services at any time by contacting Client Support. Certain fees may apply.
- Monthly services (Local SEO, AdWords, Partners Feedback) canceled thirty (30) days before the next Monthly Term will be canceled at no additional cost.
- Cancellation of any service after six (6) days from purchase: no refund will be provided and the remaining unpaid balance on the purchased products (CWD, Partners Feedback, etc) is due immediately and charged to the Client’s payment method on file. In some cases, an early cancellation fee based on the services selected (not to exceed $399.00) will be imposed.
- The Company will refund one-hundred percent (100%) of initial payment if the Client contacts Client Support and requests cancellation and a refund within the first three (3) days of initial payment.
- The Company will refund fifty percent (50%) of initial payment if the Client contacts Client Support and requests cancellation and a refund after three (3) days but less than six (6) days of the initial payment.
- Upon cancellation of a CWD, domains related to the CWD and hosting services will be terminated unless they are purchased by The Client.
- Entire Agreement.
This agreement contains the entire agreement between the parties relating to the subject matter herein and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter herein. No modification of this agreement is valid unless made in writing and signed by both parties hereto.
- Governing Law.
This agreement shall be governed by and construed in accordance with the laws of the State of California. Exclusive jurisdiction and venue shall be in the Orange County, California Superior Court.
The waiver by either party of any breach or failure to enforce any of the terms and conditions of this agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this agreement.
- Good Faith.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this agreement.
- No Right to Assign.
The client has no right to assign, sell, modify or otherwise alter this agreement, except upon the express written advance approval of The Company, which consent may be withheld for any reason.
Client warrants that everything it provides The Company to employ in SEO is legally owned or licensed to Client. Client agrees to indemnify and hold The Company harmless from any and all claims brought by any third-party relating to any aspect of SEO, including, but without limitation, any and all demands, liabilities, losses, costs, and claims including attorney’s fees arising out of injury caused by Client’s products/services, material supplied by Client, copyright infringement, and defective products sold via SEO. Client agrees to indemnify The Company from responsibility for problems/disruptions caused by third-party services that Client may use such as merchant accounts, shopping carts, shipping, hosting services, real-time credit card processing and other services that relate to the ownership and operation of SEO or multimedia project.
- Use of Material for Promotional Purposes.
Client grants The Company the right to use its work in producing SEO for promotional purposes and/or to cross-link it with other advertising developed by The Company. Client grants The Company the right to list, reference or otherwise identify Client as a client of The Company in The Company’s advertising and marketing.
- No Responsibility for Loss.
The Company will have no responsibility for any third-party disrupting, intruding or otherwise copying files in part or in whole on all or any part of the work performed for SEO. The Company is not responsible for any downtime, lost files, improper links or any other loss that may occur in the operation of SEO under this Agreement.
- Right to Make Derivative Works.
The Company will have the exclusive rights in making any derivative works from any of its work, practices, coding, programming or other work in regards to SEO.
- Attorney’s Fees.
In the event any party to this agreement employs an attorney to enforce any of the terms of the agreement, the prevailing party shall be entitled to recover its actual attorney’s fees and costs, including expert witness fees.
- Identification of The Company.
Client agrees that The Company identification may be annotated, and remain, within the code or on the website as the authors. The client also agrees to put The Company’s copyright notices on SEO and the relevant content therein.
- Agency of Record (AOR) Agreement.
Client hereby appoints The Company as its agent to provide, and The Company agrees to provide services related to Client’s local online advertising and search engine optimization. Client authorizes The Company to take, on Client’s behalf, all actions deemed advisable by The Company to perform these services.