Terms & Conditions
1. Services to be performed
Digital Visibility Concepts agrees to perform Internet marketing and website design services (the “Services”) on Buyer’s behalf, according to the Services selected as part of this online sign-up process. Digital Visibility Concepts agrees to provide the Services to Buyer each month in exchange for the fees set forth in this online sign-up process. Digital Visibility Concepts and Buyer agree that the Services that Digital Visibility Concepts performs on behalf of Buyer are intended to enhance Buyer’s online presence and performance, and that there are continual, consistent changes to the various search engine algorithms that take place from time to time by the search engine companies themselves for which Digital Visibility Concepts has no direct control. Therefore, Digital Visibility Concepts and Buyer agree that Digital Visibility Concepts, in its sole discretion and without notice to Buyer, has the right to modify the Services selected by Buyer anytime during the Term provided that Digital Visibility Concepts reasonably believes that said changes in Services will likely provide better results to Buyer.
2. Term of Agreement
This Agreement will become effective and is fully executed when the Buyer (or sales representative authorized by the Buyer) checks the box acknowledging that he/she has read and agrees to the terms and conditions contained in this Agreement, provides payment, as well as provides his/her name at the final stage of this online process representing his/her digital signature thereon. By providing payment information, the buyer "opts in" to the Digital Visibility Concepts Terms and Conditions. The Term of this Agreement begins from its date of execution and shall continue for the duration of the Term length stated in this Agreement. For month-to-month Agreements, this Agreement shall continue on a month-to-month basis until such time as the date a party terminates this Agreement as provided below. For Term Agreements, see below.
3. Termination of Month-to-Month Agreement
Unless otherwise stated herein, all month-to-month Agreements require a 72-hour written notice to cancel. When Buyer’s next billing date is within the 72-hour written notice period, exactly one more payment shall be due and payable on the final scheduled payment date. Otherwise, there will be no further payments to Buyer’s account. Notice of termination shall be given only in writing, by Buyer to Digital Visibility Concepts at 312 S. Beverly Drive #3492, Beverly Hills, California, 90212, United States or by email to: firstname.lastname@example.org or by Digital Visibility Concepts to Buyer at the street address or email address provided by Buyer during the sign-up process, or to Buyer's updated street or email address as provided in writing by Buyer to Digital Visibility Concepts thereafter.
4. Term Agreements and Termination
Term Agreements have a fixed term as set forth in the Plan Summary that Buyer agrees to before purchase (the "Initial Term"). During the Initial Term, Buyer may not cancel this Agreement for any reason. Digital Visibility Concepts makes a substantial investment in the creation of Buyer's digital marketing footprint, strategy, optimization, and website, and Buyer agrees that all the revenue Digital Visibility Concepts receives for the Initial Term's monthly payments constitutes liquidated damages in the event Buyer breaches this Agreement. After Buyer's Initial Term has ended, Buyer's plan shall automatically renew on a month-to-month basis (the "Renewal Term") and Buyer may cancel at any time in accordance with the terms and conditions stated Paragraph 3 above. quent Monthly Fee payments shall be paid by the same day each successive month.
6. Late Fees
Late payments by Buyer shall be subject to late fees of 1.5 % per month from the due date until the amount is paid. Any EFT payment returned or rejected by Buyer’s bank shall be subject to a $30 NSF fee payable by Buyer to Digital Visibility Concepts. Digital Visibility Concepts has the right to discontinue Services without notice to Buyer if any payment becomes delinquent by more than 30 days.
7. Intellectual Property Ownership
Digital Visibility Concepts will provide Buyer its marketing systems, procedures, internet directory listings, website designs and elements, and/or other expertise (“Work Product”). Digital Visibility Concepts grants Buyer a royalty-free non exclusive worldwide license to use the Work Product for the purpose of marketing and selling Buyers products and services. The license shall have a term that expires at the time this Agreement terminates and is conditioned upon full payment of the compensation due Digital Visibility Concepts under this Agreement. Digital Visibility Concepts retains all other rights, title, and interest, including all copyrights, patent rights, and trade secret rights, in the Work Product.
8. Digital Visibility Concepts’ Reusable Materials
Digital Visibility Concepts owns outright, and/or owns a license to use and sublicense, various materials in existence before this Agreement’s date of execution (“Digital Visibility Concepts’ Materials”). Digital Visibility Concepts may include Digital Visibility Concepts’ Materials in the work performed under this Agreement. Digital Visibility Concepts retains all rights, title, and interest, including all copyrights, patent rights, and trade secret rights, in Digital Visibility Concepts’ Materials. Digital Visibility Concepts grants Buyer a royalty-free nonexclusive license to use any Digital Visibility Concepts Materials incorporated into the work performed by Digital Visibility Concepts under this Agreement. The license shall have a term running concurrently with the term of this Agreement and shall not be transferred by Buyer.
Digital Visibility Concepts and Buyer acknowledge that Digital Visibility Concepts operates on tight schedules whereby the completion of many tasks and results rely on the timely completion of Digital Visibility Concepts’ operational process. Towards this end, Digital Visibility Concepts and Buyer agree that any optimizations and/or changes to the Buyer's site, as well as content posted on Buyer's behalf, shall be deemed Buyer approved and/or authorized to be posted to third party sites (ie. Facebook or Twitter) if within one day business day Digital Visibility Concepts does not receive any communication from Buyer that Buyer disapproves of said work.
10. Exclusive Agreement, Modifications, Waivers, Severance
This is the entire Agreement between Digital Visibility Concepts and Buyer. Any modifications to this Agreement must be in writing and signed by both parties. Any waiver shall not be effective against any party unless in writing executed on behalf of such party. In the event that any of the provisions of this Agreement shall be held by a court to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
Buyer must report any deficiencies in Digital Visibility Concepts services to Digital Visibility Concepts in writing within 30 days of performance to email@example.com to receive warranty remedies. Software bugs, search engine algorithmic changes, downgrading and/or degradation of incoming links are to be expected and addressed under the terms of this Agreement. Buyer’s exclusive remedy for any breach of the above warranty shall be the re-performance of Digital Visibility Concepts’ services. If Digital Visibility Concepts is unable to re-perform the services, Buyer shall be entitled to recover the fees paid to Digital Visibility Concepts for the deficient services. Every effort will be made to complete all aspects of the optimization process. If any part of Digital Visibility Concepts performance of the Services cannot be performed due to website limitations beyond Digital Visibility Concepts’ control, Buyer waives these services.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE PRIOR TO THIS AGREEMENT.
12. Limited Liability
Digital Visibility Concepts’ total liability to Buyer under this Agreement for damages, costs and expenses shall not exceed the compensation received by Digital Visibility Concepts under this Agreement.
NEITHER PARTY TO THIS AGREEMENT SHALL BE LIABLE FOR THE OTHERS LOST PROFITS, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE PARTY HAS BEEN ADVISED BY THE OTHER PARTY OF THE POSSIBILITY OF SUCH DAMAGES.
All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: When delivered personally to the recipient’s address as stated on this Agreement; or, Three days after being deposited in the United States mail, with postage prepaid to the recipient’s address as stated on this Agreement; or, When sent by email to the last email address of the recipient known to the person giving notice. Notice is effective upon receipt provided that a duplicate copy of the notice is promptly given by first class mail, or the recipient delivers a written confirmation of receipt.
14. No Partnership
This Agreement does not create a partnership relationship. Neither party has authority to enter into contracts on the other’s behalf.
Unless otherwise stated herein, all sales are final. Unless otherwise stated herein, there are no refunds or credits of any kind.
16. No Attorneys' Fees
Each party to this Agreement shall bear their own respective costs and necessary disbursements and attorneys' fees incurred in enforcing this Agreement.
17. Applicable Law and Venue
The laws of the State of California shall govern this Agreement. The venue for any legal action to enforce the terms of this Agreement will be in Los Angeles County, California and both parties expressly submit to the jurisdiction of the state and federal courts located in Los Angeles County, California.