These General Terms and Conditions (sometimes called the “Agreement,”) is entered into by and between BOOMTOWN INTERNET GROUP, INC., a Pennsylvania corporation (sometimes referred to as “Boomtown Internet Group,” “BoomtownIG,” “Boomtown,” “we,” “us,” and “our”) and the client (sometimes referred to as “you,” “your,” and “client”) herein, based upon the following terms and conditions:
Authorization
The client is employing Boomtown Internet Group, Inc., located at 19 Pennsylvania Ave, Wayne, Pennsylvania 19087, for services including but not limited to Digital Marketing and Advertising, Website Design and Development, Database Design and Development, General Programming, and Maintenance. By requesting service from Boomtown via phone, email, chat, SMS text, or formal proposal, both client and Boomtown agree to the terms and conditions set forth herein.
Disclaimer
Other than as may be contained in this Agreement, Boomtown makes no representations, warranties or guarantees of any kind with respect to any of our services, and disclaims any implied representations, warranties, and guarantees. In addition, Boomtown makes no representations, warranties or guarantees as it relates to a company’s website/database security, current search engine rankings, previous search engine rankings, or future search engine rankings.
Copyrights and Trademarks
The client represents to Boomtown and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Boomtown for inclusion in the project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will indemnify, hold harmless, protect, and defend Boomtown and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that they are solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Boomtown and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.
Client and Third Party Site Modifications
Boomtown is not responsible for any changes made to the website and/or digital marketing and/or advertising account by any other party, authorized agent or unauthorized hacker. If the client, agent or unauthorized hacker other than Boomtown attempts updates or changes, then time to repair and/or correct any work will be assessed at our hourly rate of $150.00 and is in addition to the agreed above Statement of Work estimate of cost and/or hours.
Payment of Fees – Website Design / Development
In consideration of retaining Boomtown to design or redesign, and/or build and/or maintain a website for the Client, payment terms are agreed to as follows:
- Boomtown accepts payment via check, credit card, or ACH.
- The client agrees to provide a valid credit card to Boomtown which will be held on file upon acceptance of this agreement.
- Boomtown requires a 50% non-refundable down payment prior to commencement of work.
- The remaining 50% balance shall be due once the website has been tested and everyone agrees it is ready for launch.
If you cannot supply all of the website content at launch, it does not mean Boomtown has failed to hold up its end of the proposal/agreement. We will issue the final invoice once the site has been tested and is ready for launch, whether that is with your final content or with placeholder images and dummy text. Once you pay the final invoice, we will give you full access to the website and show you how to add your content. If you fail to pay the final invoice within the credit terms we have provided, Boomtown is not obliged to keep the website on our testing server or to continue the project in any way.
Payment of Fees – Monthly Digital Marketing and Advertising
In consideration of retaining Boomtown to perform monthly Digital Marketing and/or Advertising for the Client, payment terms are agreed to as follows:
- Boomtown accepts payment via check or credit card.
- The client agrees to provide a valid credit card to Boomtown which will be held on file upon acceptance of this agreement.
- Boomtown requires the first month and/or initial fee for each agreement payable prior to commencement of work.
- Boomtown requires all subsequent monthly charges to be paid net 15 days from the date of an invoice.
If any payment is not received per the terms above then Boomtown will automatically charge the appropriate fees to the client’s credit card on file. Where payment is not received timely for any monthly digital marketing and/or advertising work, Client hereby authorizes Boomtown at its discretion to stop and/or pause any said work on the internet until final payment is received.
Credit Card Policy
If the client chooses to pay their invoice by credit card, Boomtown will use Paya credit card processing for the client’s direct invoice payments. All other credit card processing with third-party vendors is the responsibility of the client.
Paya, Inc. is an American payment processor service that operates in North America and is headquartered in Atlanta, Georgia. Paya provides secure online payments processing. For more information go to payasvcs.com.
Boomtown will use a client provided credit card to assist in managing the clients online business activities with third-party vendors including, but not limited to, website hosting, domain registration, and paid advertising. You, the client, are responsible to make sure your credit card is current and up-to-date to ensure there is no interruption in services from third-party vendors. In addition, it is your responsibility to reconcile your monthly credit card statement for accuracy. Boomtown will assist in contacting the third-party vendor should there be a discrepancy, however, the final responsibility of reconciliation and payment remains with the client.
WordPress Care Plan
By enrolling in Boomtown’s WordPress Care Plan (referred to as the “Plan”), terms are agreed to as follows:
You authorize Boomtown to access your WordPress Dashboard and your web hosting provider control panel. These login credentials are stored in a secure management system and we NEVER share passwords via email.
What IS included in the Plan:
- Free Cloudflare Firewall
- If applicable, this will be the Cloudflare Free Plan by default.
- Paid plans are also available at Cloudflare which feature increased performance, security, and reporting. Upgrade is available by request.
- SSL Certificate
- WP Engine SSL certificates are free.
- For websites not hosted with WP Engine, the Plan does not cover the annual cost of an SSL certificate at the web hosting provider.
- Hack Cleanup & Restoration
- In the event of a website compromise, Boomtown will restore your website to a previous version to get you back up. Boomtown will perform follow-up malware scanning, password changes, and will make necessary recommendations moving forward to prevent further attack. In some cases, depending on the source of the compromise, there may be significant changes necessary such as a new hosting provider or a new theme. In such cases, the cost of a hosting provider or theme change is not included in the Plan.
- WordPress Updates
- Boomtown will make every effort to keep the WordPress core, plugins, and the website theme updated on a monthly basis. There are some situations however that may prevent one or more of these items from being updated. In such cases, Boomtown will make recommendations accordingly.
- 24/7 Uptime Monitoring
- Your website will be “pinged” every 5 minutes, 24 hours a day, 7 days a week.
- If the Boomtown uptime monitor indicates that your website has been down for over 15 minutes, we will contact the web hosting provider for resolution.
- Free WP Rocket Plugin (Website Caching)
- The Plan gives you WP Rocket for FREE on Boomtown’s developer license (single site license normally $59/year).
- In the event that you cancel your subscription to the Plan, Boomtown will remove your website from our WP Rocket developer license. This will NOT harm your website but may slow it down because many of our performance optimizations will be effectively removed.
- Free Perfmatters Plugin (Performance)
- The Plan gives you Perfmatters for FREE on Boomtown’s unlimited license (single site license normally $24.95/year).
- In the event that you cancel your subscription to the Plan, Boomtown will remove your website from our Perfmatters unlimited license. This will NOT harm your website but may slow it down because many of our performance optimizations will be effectively removed.
- Free Smush Pro Plugin (Image Optimization)
- The Plan gives you Smush Pro for FREE on Boomtown’s agency license (single site license normally $15/month).
- In the event that you cancel your subscription to the Plan, Boomtown will remove your website from our Smush Pro agency license. This will NOT harm your website but may slow it down because many of our performance optimizations will be effectively removed.
- Google PageSpeed Performance Scans
- Boomtown will benchmark your website’s homepage performance using Google PageSpeed Insights at subscription signup.
- Reasonable optimization efforts will be made to improve the PageSpeed score on desktop and mobile.
- The website will be scanned and tested monthly to monitor the PageSpeed score.
- If the PageSpeed score drops by 10 percentage points or greater (eg. 94% to 84%) Boomtown will perform further reasonable optimization efforts to reclaim the previous score if possible.
- CDN (Content Delivery Network)
- For websites hosted with WP Engine, a free CDN is offered.
- Based on the nature of your business, frequency of content updates, and other considerations, a CDN may or may not be best for your website. Boomtown will make recommendations accordingly.
What IS NOT included in the Plan:
- General website maintenance and enhancement requests. Website enhancements and/or additional work is subject to our hourly rate found in Website Support and Maintenance below.
- There is no guarantee that your website will never be hacked or compromised. The Plan does, however, add a much higher level of protection.
Search Engine Results
Search engine results are controlled solely by each individual Search Engine Company which include but are not limited to Google, Yahoo and MSN (Bing) each of which utilizes complicated proprietary algorithms. These algorithms evaluate pages on the web against keyword searches performed by users. Search engine companies guard their search algorithms very closely and constantly update and change those algorithms in order to deliver the best possible search results. It is impossible for ANY business other than the search engine itself to guarantee search result placement for any website or webpage. Boomtown Internet Group has built relationships with the major search engines over the years and strives to keep updated whenever the algorithms undergo a significant change to ensure that your website conforms as rapidly as possible to guidelines.
Browser Testing
Browser testing no longer means attempting to make your website look the same in all browsers pixel-for-pixel. Different Internet browsers have different capabilities, and different devices have different screen sizes. Browser testing does mean ensuring that your experience of a website design should be appropriate to the capabilities of the browser and device.
Desktop Browser Testing
We test our work in current versions of all major desktop browsers including:
- Google Chrome
- FireFox
- Safari
- Microsoft Edge
If you need a website compatible with an older browser (i.e. Internet Explorer), we can provide a separate estimate for that work.
Mobile Browser Testing
Testing popular small-screen devices is essential in ensuring that your experience of a website design is appropriate to the capabilities of the device your’re using. We test our work in iOS: Safari, Google Chrome, and Android 4.x: Google Chrome.
We currently do not test Blackberry, Opera Mini/Mobile, Windows Phone, or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that work.
Website Support and Maintenance
You can rely on Boomtown to provide quality work in a timely fashion for any future website support and maintenance needs. In fact, we can often complete work requests within an hour or two of your request (depending upon the nature of the request). Customer service is the backbone of our continued growth and it’s one of the main reasons why our client’s continue to refer our website and internet marketing services. Any work performed is billed based upon our hourly rate of $150.00 with a 15-minute minimum.
Ownership of Work Product
Provided the Client has paid all amounts due for Services performed, be they website design, website related development, or any form of internet marketing, Client shall own all right, title and interest in and to the Work Product, including, without limitation, the copyright therein and any other intellectual property rights thereto, as a “work made for hire” under the U.S. Copyright Act. The Work Product is defined as that work which is specifically outlined in the fore mentioned the statement of work pages.
Intellectual Property of Boomtown Internet Group
Client expressly recognizes and accepts that Boomtown shall own all rights, title, and interest in Boomtown Internet Group’s existing object and/or components libraries (the “Code”), as well as any proprietary methodology and production techniques used or developed by Boomtown in connection therewith (the “Methods”); provided, however, that Boomtown shall not own any Confidential information of Client utilized by Boomtown for development of, or inclusion, in the Code and/or Methods. The methods as referred to in this agreement are defined as on page and off page optimization techniques and processes.
Delivery of Work Product
Boomtown shall deliver the Code and the Work Product to Client in both source code and object code form. Boomtown hereby grants Client, and Client hereby accepts from Boomtown, a fully paid-up, non-exclusive, perpetual, worldwide, royalty-free license under all intellectual property rights owned or licensable by Boomtown to use, modify, reproduce, create derivative works of, and otherwise exploit the Code and Methods contained in the Work Product.
Termination, Partial Payment and Ownership In The Event Of Termination
This Agreement will be valid for (30) days from the effective date of the start of any internet marketing contract and/or website development contract and shall continue in full force and effect thereafter on a month to month basis until a notice of termination by either party as provided herein. Either party in its sole discretion without cause or otherwise may terminate this agreement upon 30 days prior written notice. If this Agreement is terminated for any reason, Boomtown shall be entitled to payment for work completed up to the date of termination.
In the event of termination Boomtown, upon full payment for work completed up to the date that the Agreement has been properly terminated by either party, hereby grants client all right, title, and interest, including all other intellectual property rights in the Deliverables in the form in which they exist on the date of termination, which form shall not materially differ from the status described in the invoices and reports that Boomtown has submitted to client.
This Agreement constitutes the complete agreement and understandings between the parties and can only be modified in writing, signed by the parties. This Agreement shall be governed in all respects by the laws of the United States and the laws of Pennsylvania. Each of the parties herein consents to the exclusive jurisdiction of the federal and state courts located in Pennsylvania and any action arising from this Agreement shall be brought in the Courts thereof.
Limitation of Liability
Except as may be provided in this Agreement, all representations and warranties express or implied, including without limitation, any warranties of merchantability or fitness for a particular purpose, are hereby disclaimed by Boomtown Internet Group. In no event shall Boomtown be liable for any direct, indirect, special, exemplary, incidental, consequential or punitive damages, irrespective of whatever such damages were foreseeable or unforeseeable. The limit of Boomtown Internet Group’ s liability (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) in any manner related to this agreement, for any and all claims, shall not in the aggregate exceed the fees and expenses paid for the services rendered by Boomtown Internet Group. In no event shall either party be liable for consequential, incidental or punitive loss, damage or expenses (including lost profits). Any action by either party must be brought within six (6) months.
The client has read, understands, and agrees to all terms and conditions as set forth in this agreement stated above. Boomtown reserves the right to revise its terms and conditions at any time without notice.