TERMS of SERVICE ("The Agreement")
As our "Customer", you and/or your company
agree to the following:
GENERAL TERMS:
Payments for
Traffic Acquisition is due in
advance. Web site
design, Search Engine Optimization and/or custom programming require 50%
non refundable deposit. The remaining balance is
due upon completion of services. All subscription based services automatically renew upon
expiration unless notice of cancellation is received by our office within seven days
before the date of said subscription renewal. canceling YOUR SUBSCRIPTION WILL NOT CANCEL THE EXISTING PERIOD YOU'VE ALREADY PAID FOR. It merely cancels future automatic renewals. If you experience any problems with billing or anything else please contact us immediately.
Expiration: All proposals expire 5 business days after mentioned unless stated otherwise
or agreed upon by both parties ( not including U.S. holidays ). Web site design, Search Engine Optimization and Programming set-up fees (deposit) are
non-refundable even if the contract or service is cancelled. Requests for refund or any other
billing dispute requests must be delivered in writing by the US Post Office.
Cancellations of service requires written notice delivered by US Post Office
or Fax machine (retain your fax record as receipt).
Attorneys Fees:
You or Your company agree to pay
reasonable attorney fees and
any other reasonable fees
required to enforce all terms
and conditions of this
contract. In addition, you or your
company agree to reimburse
budzsoft any amounts billed on
behalf of collecting on
delinquent payments or
required to enforce the
payment terms of this
contract.
Right to Remove: You or Your
company also acknowledge and
agree that budzsoft can
suspend or remove your Web site design, Search Engine Optimization, Traffic Acquisition and or Custom Programming if; (i)
budzsoft has not received all
fees relating to the payment
of services rendered; and
(ii) budzsoft believes, in its
sole discretion that such
services
are in violation of any section of this agreement.
Disclaimer: You or Your
company agree that budzsoft
does not guarantee the
effectiveness of your Web site design, Search Engine Optimization, Traffic Acquisition or
Custom Programming and we
expressly disclaim and
exclude all express
warranties and implied
warranties of merchantability
and fitness for a particular
purpose. Nor can budzsoft
guarantee impression rates,
click-through rates, or search engine positioning.
Non-Payment of Fees: You or Your
company also acknowledge and
agree that budzsoft can
suspend or remove
Web site design, Search Engine Optimization, Traffic Acquisition or
Custom Programming
if; (i) budzsoft has not
received all fees relating to
the payment of services
rendered; and (ii) budzsoft
believes, in its sole
discretion that such
advertisements and services
are in violation of any of the terms of this agreement. You or Your company
further acknowledge and
agree that budzsoft is not
responsible for and cannot
control the content of e-mail
messages or fax messages sent
to Customers by third parties
who access your web page.
Checks: Due to returned checks, we no longer accept them.
Interruptions in Service: budzsoft
is not liable for any errors
or interruption in service,
whether within or outside of
budzsofts reasonable
control. Budzsoft can never be found liable for any
consequential damages that may or may not arise out of an interruption in
service whether by fault of budzsoft or by fault of another within
budzsoft's control.
Late Payments: Budzsoft Subscriptions and Traffic Acquisition services are
due and payable in advance, we will bill for services up to
30 days in advance. All
payments are due and payable
within 5 business days (not including U.S. holidays) of notice by
written invoice delivered by
standard US post office mail or e-mail.
You and your company agree to
pay a late penalty fee equal
to 1 1/2% of the monthly amount
due, or the highest rate allowed by applicable law, on the unpaid balance for
any amounts which exceed 5 business
days. After 5 business days, budzsoft
reserves the right to
terminate service without any
further warning or notice.
You or Your company also agree to
pay additional late fees
according to the following
schedule: Accounts which are
over 10 business days outstanding are
subject to an additional late
fee of $150 to cover the cost
of legal notice by our
attorney. Accounts which are
over 15 business days outstanding are
subject to an additional late
fee of $250 to cover the
costs of collection.
Responsibilities-
budzsoft makes no warranties,
expressed or implied,
regarding services provided.
budzsoft is not responsible
for any damages suffered from
the use of our services,
including but not limited to,
loss of data, service interruptions and/or delays in service,
or third party litigation.
Force
Majeure - Budzsoft will not be liable or
deemed to be in default for
any delay or failure in
performance under this
Agreement resulting, directly
or indirectly, from acts of
God, lack of Internet Access
or any other reasons commonly
known as Force Majeure.