360 Integral Marketing Terms & Conditions
1. Terms and Conditions for 360 Integral Marketing Services: Strategy and Marketing plans, Website, Landing pages or Email Design and Development, Copywriting, Content Development, Social Media Campaigns, SEO, PPC Campaigns, Maintenance and Training Services
Fees and Deposits
- A 50% deposit on all services is required unless it is a monthly retainer. All strategy, marketing plans, website, landing page, email template development, copywriting, content development and social media platform set-ups and training the service fee is due prior to work. We reserve the right not to commence any work until the deposit has been paid in full.
- With Websites, a payment of 25% is required after the design has been approved and prior to development. The balance of 25% is due when the work is completed to the Client’s reasonable satisfaction, subject to the terms of the “approval of work” and “rejected work” clauses.
- For copywriting, content development, email templates and social media platform set-up, the remaining 50% shall become due when the work is completed to Clients’ reasonable satisfaction subject to the terms of the “approval of work” and “rejected work” clauses.
- For strategy and marketing plans, if the strategy or marketing plans exceed the fee of $8,000, 50% upfront is required before work commences, 25% of the payment due upon 50% completion and the balance 25% due upon completion.
- The 50% deposit is only refundable if 360 Integral Marketing has not fulfilled its obligation to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and the Client terminates the contract through no fault of 360 Integral Marketing.
- Upon completion of the 14-day review period, 360 Integral Marketing can choose to invoice the Client for the balance of the project owing.
2. Terms and Conditions for 360 Integral Marketing Monthly Service Fees
- Within the week of receiving the first-month payment, 360 Integral Marketing will start work. The Client has the option to cancel services providing written or electronic notice to cancel at any time with one month’s notice. The client is responsible for acknowledging receipt and paying each monthly fee by PayPal, Interac e-Transfer or accepted credit card within a period of 30 days of invoicing.
- Failure for the Client to pay the monthly services fees, unless 360 Integral Marketing has agreed to terminate the Contract, the Client is liable for the Service Fees and 360 Integral Marketing will require unpaid fees up to the current date. The contract will then terminate.
- 360 Integral Marketing does not provide an SEO Performance Guarantee: the client understands that the level of competition for the keywords or phrases selected for SEO will have an impact on how quickly the client’s landing page or website is ranked on Google’s first page.
- All fees are non-refundable.
3. Client acknowledges the following with obligation for 360 Integral Marketing to perform PPC services:
(a) provide in a timely manner such Documents, information (in particular details of any previous or existing pay per click campaigns), passwords codes and materials as 360 Integral Marketing may reasonably require in order to supply the Services (Input Material);
(b) provide 360 Integral Marketing with such administrator rights to any Third Party Resources as are necessary for 360 Integral Marketing to supply the Services;
(c) obtain and maintain all necessary licenses, permissions and consents which may be required before the date on which the Services are to start and provide 360 Integral Marketing with evidence of such license, permission or consent when requested by the 360 Integral Marketing; and
(d) be responsible for the fees of any Third Party Resources and shall maintain such adequate funds in any third-party accounts as are required to maintain inclusion in such resources and to allow the 360 Integral Marketing to provide the Services without interruption.
4. Client acknowledges the following with respect to SEO services:
- All fees, services, documents, recommendations, and reports are confidential.
- 360 Integral Marketing has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website or landing page may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
- Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, 360 Integral Marketing does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
- Some search directories offer expedited listing services for a fee. If the Client wishes to engage in said expedited listing services (e.g., paid directories), the Client is responsible for all paid for inclusion or expedited service fees. 360 Integral Marketing can offer a list of expedited listing services upon request.
- Linking to “bad neighbourhoods” or getting links from “link farms” can seriously damage all SEO efforts. 360 Integral Marketing does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
- 360 Integral Marketing is not responsible for changes made to the landing page or websites by other parties that adversely affect the search engine rankings of the Client’s website.
- 360 Integral Marketing is not responsible for the Client overwriting SEO work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimized). The Client will be charged an additional fee for re-constructing content.
5. Client acknowledges the following with respect to Social Media Marketing services:
- Only messages received by the Client’s assigned point of contact will be posted by 360 Integral Marketing.
- Posts to Social networks will be completed a maximum of 4 hours from the time content is received from the Client by email with the provision this is the requested timeline client requests the post and the posting time is within business hours.
- 360 Integral Marketing may also set up and schedule future posts submitted if not needed.
- 360 Integral Marketing may need to customize posts/messages and add relevant Hashtags that would benefit the Client’s exposure and reach.
- Total time and frequency will be outlined in a proposal approved.
- Client must supply all materials and information required to complete the work in accordance with any agreed specification. Such materials may include but are not limited to, photographs, logos and other printed material. Where there is any delay in supplying these materials to 360 Integral Marketing which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
- Where the Client fails to supply materials, and that prevents the progress of the work, 360 Integral Marketing has the right to invoice the client for any part or parts of the work already completed.
- Client covers the cost of setting up the domain, hosting the landing page and web sites, the content management software, email deployment software and the purchasing and renewal of their domain unless otherwise specified under services provided.
- Client is responsible for providing the images and any offers to drive response unless otherwise specified in the proposal.
- 360 Integral Marketing is pleased to offer the Client the opportunity to make revisions to the design and content. However, 360 Integral Marketing has the right to limit the number of design proposals and copy revisions to a reasonable amount and may charge for additional designs and copy revisions if the Client makes a change to the original, agreed proposal.
- 360 Integral Marketing design development phase is flexible and allows certain variations to the original specification. However, any major deviations from the specification will be charged upon an agreed rate with the client.
- Any copy or content revisions beyond 3 rounds of revisions, the client may be subject to additional charges within reason.
8. Project Delays and Client Liability
Any time frames or estimates that 360 Integral Marketing gives are contingent upon the Client’s full co-operation and in providing complete and final content and photography for the work pages. During development, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from the Client’s side and be made available on a daily basis in order to expedite the feedback process.
9. Approval of Work
On completion of the work, the Client will be notified and have the opportunity to review it. The client must notify 360 Integral Marketing in writing of any unsatisfactory points within 14 days of such notification. Any of the work which has not been reported in writing to 360 Integral Marketing as unsatisfactory within the 14-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the service will be deemed to have been completed and the balance of the project price will become due for any design and development costs (including but not limited to website and landing pages, email templates and social media platform set-ups).
10. Rejected Work
If the Client rejects any of 360 Integral Marketing’s work within the 14-day review period, or not approve subsequent work performed by them to remedy any points recorded as being unsatisfactory, and 360 Integral Marketing, acting reasonably, considers that the Client has been unreasonable in any rejection of the work, 360 Integral Marketing can elect to treat the service as complete and take measures to recover payment for the completed work.
11. Client Defaults
If 360 Integral Marketing performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation (Client Default):
(a) 360 Integral Marketing shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays 360 Integral Marketing performance of any of its obligations;
(b) 360 Integral Marketing shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from 360 Integral Marketing failure or delay to perform any of its obligations as set out in this clause 4. For the avoidance of doubt, the Client shall continue to be liable for the Monthly Charge during any period that 360 Integral Marketing suspends performance of the Services; and
(c) The Client shall reimburse 360 Integral Marketing on written demand for any costs or losses sustained or incurred by 360 Integral Marketing arising directly or indirectly from the Client Default.
12. 360 Integral Marketing Policy
Although we won’t divulge details about clients to other clients, potential or existing, we ask that you allow us to mention you in our Cases webpage. For Websites and SEO Services, this will include a link to your page, for SEO the Google’s first page and the phrase that it’s found with.
13. Amendments to the Service Agreement
Additional Services not listed herein (social media selling, LinkedIn Media Buy, Facebook and Twitter Ads, Website Optimization, etc.) will be provided based on an estimate provided by 360 Integral Marketing.
- If the Client wishes to change the scope or execution of the Services, it shall submit details of the requested change to 360 Integral Marketing in writing.
- If the Client requests a change to the scope or execution of the Services, 360 Integral Marketing, within a reasonable time, provides a written estimate to the Client of:
- the likely time required to implement the change;
- any necessary variations to the Service Fees arising from the change; and
- any other impact of the change on this agreement.
- If the Client wishes 360 Integral Marketing to proceed with the change, 360 Integral Marketing has no obligation to do so until the parties have agreed on the necessary variations to the Service Fees and any other relevant terms of this agreement to take account of the change it may have on the current agreement.
14. Permission for Use of Any Elements
The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to 360 Integral Marketing for inclusion on social media platforms, landing pages and/or website owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend 360 Integral Marketing and its subcontractors from any liability or suit arising from the use of such elements. If 360 Integral Marketing fees include the development, search or purchase of images they will be responsible for respecting the rights of those image uses within reason.
15. Disclaimer of all Warranties
360 Integral Marketing does not warrant that any of its services will meet the Customer’s expectations or requirements. The entire risk as to the quality and performance is with the customer, except as otherwise specified in the agreement. 360 Integral Marketing provides services “as is” and without warranty of any kind. The parties agree that (A) the limited warranties set forth in this section are the sole and exclusive warranties provided by each party, and (B) each party disclaim all other warranties express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, relating to this agreement, performance or inability to perform under this agreement, the content, and each party’s computing and distribution system. If any provisions of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions.
16. Limited Liability
In no event shall 360 Integral Marketing is liable to customer for any indirect, special, exemplary or consequential damages, including any implied warranty or merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance, lost profits, whether or not foreseeable or alleged to be based on breach of warranty, contract, negligence or strict liability, arising under this agreement, loss of data or any performance under this agreement, even if such party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy provided herein. There shall be no refunds. 360 Integral Marketing makes no warranty of any kind, whether express or implied, with regard to any third-party products, third party content or any software, equipment, or hardware obtained from third parties.