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Website & SEO Access Information
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We will use the name provided in the account creation process. This is the name that we will use for social media and directory account creation.
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*Boyce Creative Standard Terms Of Agreement, Conditions & Company Policies*
Assumptions: All necessary copy, photos, specifications, details and final coordination information to be provided by client. Materials must be submitted in satisfactory electronic media. All stock photography and additional reimbursables (software licenses, Integration Licenses, etc… to be paid by the client upon invoice.
Fees for service as described above are based on our standard hourly rates in effect. Rates are subject to adjustment: - Web Developer / Front-end: $125/hour - Graphic Designer: $100/hour - Web Development / Back-end: $125/hour - Programming: $175/hour - Digital Marketing (SEO): $125/hour - Content Writing: $90/hour - Research: $90/hour - Digital Onsite Consulting: $225/hour - Video Editor $85–$105/hour - Web Maintenance Retainer: $125/month and up based on need - Fully Managed Website Hosting: $ 10/month and up based on need - Data Storage & Retrieval Fee (after 30 days of completion): $250* *All support or change requests after 8pm PST ("emergency updates") will be billed at 150% of the rates above; i.e., 50% surcharge.
Payment is required by Client at the beginning of each month or on the 1st day of the clients billing cycle for all Digital / Online Marketing Programs and Services (SEO, SEM, PPC, CPC) as well as Print (Offline) Marketing Programs and Services. If Boyce Creative was given a credit card with signature authorization to keep on file then this credit card will be automatically billed on the first day of the client billing cycle for contracted services. All Marketing Programs and Services Require a (6) Month Minimum Commitment / Contract, No exceptions. All Marketing Programs and Marketing Services are non-refundable. All Marketing Programs and Marketing Services, (On and Offline) including but not limited to SEO, Online, and Digital Marketing require a (30) day notice of termination, however, client may not terminate Marketing Programs or Services until the 1st day of the (6th) month for a (6) month program, or client may not terminate Marketing Programs or Services until the 1st day of the (12th) month for a for a (12) month program. Due to preparation and internal costs of all Marketing Programs and Services, any termination requests received on or after the 2nd day of the month or on or after the 2nd day of the clients billing cycle will be deemed as having been received on the 1st of the following month and or the 1st day of the clients next billing cycle and the client is financially liable for the next month’s payment in full. (Example: Termination notice given on July 2nd (2nd day of the 6th month) for a 6 month Program termination date of July 30th being the last day of the sixth month will be recorded as been received on the 1st of the following month, August 1st with an August 30th cancellation effective date. If a termination notice is not received 30 days prior to the contract fulfillment date, Client’s six (6) or twelve (12) month Marketing contract will automatically renew based on the pre-existing terms unless otherwise specified in writing. In the event a client stops making payments on the clients contractual fiduciary monthly agreement payments total between the client and Boyce Creative, then the client agrees to pay Boyce Creative upfront a lump sum of 75% of the contracts remaining balance for the agreed upon contracted services in total. *Note* This clause does not apply when only 1 month is remaining on the clients (6) or (12) month contractual agreement. In the event there is only 1 month remaining then the client agrees to pay Boyce Creative upfront a lump sum of 100% of the contracts remaining balance for the agreed upon contracted services in total.
All Adwords services are to be paid in full on the 1st of each month or on the 1st day of each new billing cycle as specified in the agreement. If payment in full is not received by the 3rd day of the month or new billing cycle, the campaign will be put on hold and not reactivated until the invoice and/or outstanding balance is paid in full. If Boyce Creative was given a credit card with signature authorization to keep on file then this credit card will be automatically billed on the first day of the client billing cycle for contracted services.
Client authorizes Boyce Creative to add Google Analytics to clients site if not already installed as well as other analytics tracking software for tracking website traffic and user behavior. Client also authorizes Boyce Creative to be added to the lead generation delivery system for purposes of tracking leads and using the lead data to make changes to the Marketing Program and Marketing Services to make program updates and improve lead quality.
Payment is required to be paid in full prior to deploying Software Products, Web Hosting accounts, Website Design & Wordpress Training, and for any and all work done on a non-Boyce Creative, Inc., server or hosting account. If Boyce Creative was given a credit card with signature authorization to keep on file then this credit card will be automatically billed on the first day of the client billing cycle for contracted services.
NOTE: A 50% deposit is required to initiate all new Website Design, Software Development, or Mobile Application projects, No Exceptions. Payment Terms: 25% is due upon “First Round Delivery” ("First Round Delivery" Defined: The website or marketing project completed based upon Boyce Creative, Inc.(s). interpretation of the defined scope of work and functionality), and the final 25% is due upon Final Project Delivery. At the point of “First Round Delivery" ("First Round Delivery" Defined: The website or marketing project completed based upon Boyce Creative, Inc's. interpretation of the defined scope of work and functionality), Client has (7) days (one (1) week) to audit the project and submit any and all cosmetic revisions requests, NO EXCEPTIONS; Cosmetic Revision Requests Defined: Text changes, images changes, (non graphic design related) images provided by client unless otherwise specified in writing, and or, written in the project work-order agreement, and basic color changes (color hex code and, or, rgb must be provided by client), functionality and technology changes / update(s) are NOT included in client revision requests. Functionality “Term” Defined: In information technology, functionality (from Latin function meaning "to perform") is the sum or any aspect of what a product, such as a software application or computing device, can do for a user. If client requests functionality changes, and, or, technology updates, then the revision time needed to perform and complete each change will be billed at the standard Boyce Creative hourly rate that applies to each function, and or, feature within Boyce Creatives’ realm of services. Furthermore, if the website project is developed within a CMS (content management system (such as Wordpress, Joomla, Drupal, etc... all revision(s) requests beyond the functionality of the theme will be deemed as outside of the scope of work and will be an additional charge. If Client does not submit a cosmetic revision requests within (7)-days after First Round website Delivery, Client may not subsequently submit cosmetic revision requests as to content that was reviewable as to First Round Delivery. Following Final Project Delivery, Client must take delivery of project within (2) business days. Administrative login credentials will only be provided when all invoices or outstanding balances have been paid in full. Client is advised and acknowledges that all CMS sites, example: Wordpress sites require quarterly updates for the following: Updated Current Wordpress version, updating the Wordpress theme (if applicable), updating all Wordpress plugins, updating the eCommerce solution / plugin (if applicable). Client is advised and acknowledges that such updates are not included in this website development contract. Updates can be completed at the request of Client at Boyce Creative’s regular front-end development hourly rate of $125/hour. If Boyce Creative was given a credit card with signature authorization to keep on file then this credit card will be automatically billed for the outstanding balance for the contracted services.
50% of the initial quote / estimate is charged up front on existing projects & work orders, No Exceptions, the remaining 50% is collected upon completion of the work order. *Note* Quotes / bids serve solely as estimates of the project fees and total charges may exceed the initial quote. Upon completion of the work order, Client agrees to pay the remaining balance of the initial work order including any additional time required to complete the project to be billed at our regular hourly rate of $125/hour. Client agrees to authorize Boyce Creative, Inc. to charge the same credit card used for the initial 50% deposit for the remaining balance of the entire invoiced amount for the completed project anytime following (2) business days after project completion. If Boyce Creative was given a credit card with signature authorization to keep on file then this credit card will be automatically billed for the outstanding balance for the contracted services.
Any and all payments for completed labor and, or, all services offered by Boyce Creative, Inc. are non-refundable, No Exceptions. These services include, but are not limited to, the following: website development, SEO, SEM, Social Media Campaigns, Social Media Management, Online Marketing, All Consulting, Analytics Services, Software & and Mobile Application Development.
In the absence of prior express written direction or agreement, Client’s website will be hosted by Boyce Creative, Inc. on its company servers at the rate of $10/month. Free 1st year of Website Hosting offer is limited to 500MB of Total Disk Space and 5000MB of Monthly Bandwidth usage. All Website Hosting usage that exceeds the 1 Year Free Website Hosting Offer will be billed at $10 per month for the next available Website Hosting Plan of 1000MB Total Disk Space and 10,000MB of Monthly Bandwidth usage. Any and all additional Website Hosting Disk Space use(d) and Monthly Bandwidth usage(s) will be billed according to usage(s). Site migration services will be billed at the Boyce Creative, Inc. hourly rate of $125/hour or at a fixed fee based on the size and complexity of the website or database. Boyce Creative reserves the right to suspend the website hosting for any client website that is hosted by Boyce Creative, Inc. servers should the client(s) current invoice for any Boyce Creative services become 5-days past due. In the event that Boyce Creative does suspend the website hosting for a clients website for an unpaid invoice Boyce Creative charges a $99.99 website hosting reinstatement fee, No Exceptions. If Boyce Creative was given a credit card with signature authorization to keep on file then this credit card will be automatically billed on the first day of the client billing cycle for contracted services.
All domain(s) names purchased by Boyce Creative, Inc. become the intellectual property of Boyce Creative Inc. once purchased by Boyce Creative, Inc., unless otherwise specified in writing within an agreement or written contract. If the client decides to purchase an domain(s) that were used for the clients Website Design and, or, SEO, Digital Marketing program Boyce Creative Inc. reserves the right to set the domain purchase price (domain value) based on the following but not limited to: average search results "keyword(s)", average search results "sld", average ad count "keyword(s)", average ad count "sld", Alexa traffic rank, Google page rank, type-in score overture "domain", type-in score overture "sld", type-in score overture "keyword(s)", and Word Tracker "keyword(s)" results.
If Boyce Creative was given a credit card with signature authorization to keep on file then this credit card will be automatically billed on the first day of the client billing cycle for contracted services, or, for the outstanding balance for the contracted services. Client acknowledges, understands, and agrees that Payment for professional services and related expenses are due upon receipt of invoice. Boyce Creative, Inc. charges a 10% late fee on all unpaid invoices at (10) days past due, Boyce Creative, Inc. reserves the right to stop work, reassign staff and the work product may be withheld. Client acknowledges, understands, and agrees that Boyce Creative, Inc. will charge an additional 10% late fee on top of the initial (10 days late) 10% late fee for all unpaid invoices at (30) days delinquent. Client acknowledges, understands, and agrees that Boyce Creative, Inc. will continue to charge and apply a 10% late fee on top of the previously accrued late fees for each additional 30 days delinquent thereafter. Client acknowledges, understands, and agrees that Boyce Creative charges a 3% credit card fee for all credit card payments at or above $1000 and a 4% credit card fee for American Express cards. Client acknowledges, understands, and agrees that Boyce Creative, Inc. charges a $50 fee for all returned checks and a 25% fee will be assessed / added to the total invoice amount on all credit card chargeback disputes resolved in favor of Boyce Creative, Inc. Client also agrees that if the client cannot perform the clients duties outlined in the scope of work within the invoice/contract within 7 business days of written request, Boyce Creative has the right to put the clients project on hold and will charge a 5% fee of the total invoice to reinstate the project to the Boyce Creative productions calendar. Example: Boyce Creative completes milestone 1 of 5 milestone on the project production timeline and cannot move forward to milestone two without the client fulfilling his/her duties outlined in the contract, i.e., provide images, written content, and or required feedback. Boyce Creative reserves the right to suspend the website hosting for any client website that is hosted by Boyce Creative, Inc. servers should the client(s) current invoice become 10-days past due; Boyce Creative charges a $99.99 website hosting reinstatement fee. Any cost related to the collection of fees, including attorney’s fees, shall be added to the cost of services.
Data Storage: Upon contract completion of project, data and electronic files will be maintained for a period of one (1) year. Consultant bears no responsibility for the deterioration of data or electronic media that can deteriorate with the passage of time. Clients requiring storage of data or electronic files for a period beyond the above specified time will be charged a fee of $250.00 per year for one-half (1⁄2) gigabyte of Archived Media. Data Retrieval: Client requests of data and electronic files will be charged a retrieval fee of $99.00. Consultant does not warrant the ability to retrieve data or electronic files beyond the above stated period of one (1) year unless Client has entered into an agreement with Consultant for data storage.
Miscellaneous sublet expenses are in addition to hourly consultation and include items as software licenses and stock photos. These will include the following Reimbursable Expenses listed below: Reimbursable Expenses: 1. Out-of-pocket expenses (travel, telephone, messenger services, lodging, meals, etc.): cost, plus fifteen (15%) percent. Per-diem charge for subsistence may be negotiated in lieu of expenses for daily lodging and meals. 2. Subcontractors: cost, plus fifteen (15%) percent. 3. Passenger cars: Fifty-six ($0.56) cents per mile and parking fees when applicable. 4. Photocopies: Twenty ($0.20) cents per page. 5. Computer Time: Seventy-five ($125) dollars per hour. 6. Stock photography - as quoted.
Notwithstanding anything in this agreement to the contrary, Boyce Creative, Inc. Design shall assign to Client all of its title and ownership rights for the interactive media created under this agreement. However, Boyce Creative, Inc. Design shall retain ownership of all source code, 3D files, trade secrets, production techniques, and any standard or proprietary software created in association with the said project. Boyce Creative, Inc. Design reserves the right to photograph the project and to be identified as designers of the project in all project and marketing materials.
In all press releases and brochures that are issued or prepared for the project, Client shall use reasonable efforts to mention the Consultant. Client may release or display material to third parties containing photographs, drawings, graphic presentations and designs prepared by Consultant and shall credit Consultant for said work.
Client agrees to defend and hold Consultant & Boyce Creative, Inc. harmless for any negligent acts performed by others in completion of the work on this project, except for any negligent act solely related to work performed by this Consultant. The limit of the Consultant’s liability shall be twenty-five thousand dollars ($25,000) or the total of Consultant’s fee; whichever is greater.
Client agrees to not solicit or attempt to work with any former Boyce Creative, Inc. employee, and, or, 1099 Independent Contractor after dismissal from Boyce Creative, Inc. in any capacity for a period of time no shorter than two (2) years. Client also agrees to decline any solicitation from or by a former Boyce Creative, Inc. employee, and, or, 1099 Independent Contractor for any services that Boyce Creative offers including but not limited to Digital Marketing, SEO (Search Engine Optimization), Internet Marketing, Website Marketing, Digital Brand Consulting, Digital Organizational Consulting, Website Design, Computer Programming, Application Design & Development, Graphic Design, Video Creation, Video Editing, and more for a period of time no shorter than two (2) years from the date of the individuals dismissal or termination from Boyce Creative, Inc.
If Boyce Creative brings legal action to enforce its rights under this agreement, Boyce Creative will be entitled to recover its expenses (including reasonable attorneys' fees) incurred in connection with the action and any appeal.
This contract shall be governed exclusively by the laws applicable to contracts made/performed wholly in the state in which the Consultant’s offices are located.
Digital Marketing and, or, Organic SEO is cumulative and takes time. We openly say “If you are unable to make a 4 to 6-month investment in Digital Marketing, and, or, SEO at a minimum, you may be better off not investing in SEO at all.” We want what is best for you and your business – and making a short-term investment in a field that requires a longer term commitment isn’t beneficial to your business. PPC and Social Media Advertising, of course, are faster (2 to 3 months) but still require some time to be effective. We cannot and do not control Google or the other search engines, so individual results will vary.
It’s probably obvious, but it’s important to point out that we need access to your website / internet properties to do our work. Without this access, it is impossible for us to make the required changes that yield improvements. Also, if any party outside of Boyce Creative, Inc. makes changes to these properties (without interacting actively with us) then negative outcomes are not only possible but highly probable. Boyce Creative, Inc. will not be held liable in any way legally or financially for errors, data loss, database glitch, content changes, and, or any other negative outcomes that can be a result of either client or 3rd party access. It will be very important that any work on your internet properties be fully backed-up.