General Terms & Conditions
Alphamale Enterprises DBA Firegang Digital Marketing to be referred to in this agreement as Firegang. The client / customer entering into agreement with Firegang to be referred to in this agreement as Client.
This agreement is timestamped and all changes are recorded. These timestamps cannot be altered by Firegang. Your agreement to these terms is based on your agreement date.
- Non-Disclosure. Firegang will use proprietary methods in their business model, marketing efforts, etc. Client agrees not to share or relay to any public, private, or non-Firegang approved sources any details of Firegang, Firegang’s practices, business model, employees, or personal data. Client, including all employees at Client’s office, may not share any forms, contracts, documents, contacts, or anything else provided by Firegang to Client, unless authorized in writing by Firegang.
- Copyrights & Trademarks. The Client represents to Firegang & unconditionally guarantees that any elements of text, graphics, photos, designs, video, trademarks, or other artwork furnished to Firegang for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, & will hold harmless, protect, & defend Firegang & its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
- Indemnification. Client agrees that it shall defend, indemnify, save & hold Firegang harmless from any & all demands, liabilities, losses, costs & claims, including attorney’s fees associated with Firegang’s development of any services. This includes Liabilities asserted against Firegang, it’s subcontractors, it’s agents, its clients, servants, officers & employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns. Client also agrees to defend, indemnify & hold harmless Firegang against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s web site. This includes infringing on the proprietary rights of a third party, copyright infringement, & delivering any defective product or misinformation which is detrimental to another person, organization, or business.
- Litigation. Any disputes arising from this contract are to be arbitrated, and done so within the state of Washington. You agree to waive the option to litigation under any dispute.
- Payment of Services. In the event client chooses to engage with Firegang, Client agrees to contract with Firegang as outlined per the terms above. These terms will renew based on the schedule outlined in the Internet Marketing Services Terms and Conditions. Client must then notify Firegang 45 days prior via certified mail with any intent to cancel services. Client is responsible for payment regardless of payment type accepted and agrees to provide payment in the form of a credit card.
- Termination of Services. Upon termination of services between Firegang & Client, Firegang agrees to provide details for client specific data at Firegang’s discretion. Firegang will have final say as to which data is provided to Client, & such discretion shall be reasonably exercised. Client agrees to NOT withhold payment as leverage to acquire any data from Firegang or try and “solve” or “remedy” any situation that may occur. Firegang reserves the right to terminate this agreement at it’s sole discretion if Client violates, or attempts to willfully violate, any part of this agreement. Firegang will provide client specific data after the complete expiration of services.
- Placement & Development Guarantees. Firegang makes no guarantees, nor cannot make any guarantees, in regards to website placement, ad placement, or return on investment for any services they provide. Unless in writing, no guarantees are made on completion dates of web dev work including websites.
- Promise to Pay. You promise to pay to us the website and marketing costs in U.S. Dollars, pursuant to the payment schedule shown above. You also promise to pay all other amounts that may become due under the terms of this Contract.
- Collection Costs. To the extent permitted by applicable law, Client agrees to pay attorneys’ fees (if we refer this agreement for collection to an attorney who is not one of our salaried employees or the salaried employee of anyone to whom we transfer this Contract), collection costs, and actual court costs.
- No Oral Modification. Oral agreements or commitments to modify any of this agreement are not enforceable. To protect you (Client) and us (Firegang) from misunderstandings or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify.
Website Terms & Conditions
If Client engages in Website Building Services with Firegang, Client agrees to the following (in addition to the above conditions):
- Authorization. The above-named Client is engaging with Firegang, as a contracted agent & consultant for the specific purpose of developing &/or implementing a website. The Client agrees to provide Firegang with usernames & passwords needed to configure all services within the first 30 days.
- Website Hosting. By default, the finished site will be uploaded to Firegang’s hosting server & will be maintained there. Firegang’s servers cannot guarantee uptime, however, downtime is unusual & unlikely. If the Client wishes to host this site on another server, this must be communicated in writing prior to the initiation of work. A $50 monthly website maintenance & hosting fee will be charged while the website is being hosted by Firegang unless otherwise noted. If Client defaults on payment, Firegang is no longer responsible for the data or content of any site they manage.
- Ownership to Web Pages & Graphics. The Client will retain ownership of the website after all moneys owed to Firegang are paid in full. Firegang & its subcontractors retain the right to display all web dev work as examples of their work in their respective portfolios. If Client defaults on payment, Firegang is no longer responsible for the data or content of any site they manage.
- Client Amends / Changes. If significant page modification is requested after a page has been built to the Client’s specification, we must count it as additional work, & may charge the Client accordingly.
- Third Party or Client Page Modification. Some Clients will desire to independently edit or update their web pages after completion of the site. Note however, Firegang is not responsible for any damage created by the Client or agent of the Client.
- Work Schedule & Completion Date. Clients are to provide Firegang with all the data needed to complete web site, including text, company logo, & photos within the first 30 days of this agreement (unless otherwise noted). Firegang will provide a design mockup, & the Client will be asked to confirm acceptance. Firegang will code the mock up into a dev site. Upon completion of the dev site, the Client has 10 business days to approve or request changes (unless otherwise noted), otherwise, the site will then be uploaded to a public hosting server, & the Client will be invoiced. In monthly website packages, Client is billed from month one on. Unless provided in writing, Firegang makes no claims to a guaranteed completion time of any web dev work including a website. In initiating this project, Client agrees to pay for the entire website in the event the Client terminates the project at any stage without approval from Firegang. If Client terminates the website project, client has 30 days to pay the remaining balance in full.
- Maintenance Grace Period. This agreement includes no ongoing web page maintenance. If Client finds that edits which were previously discussed, documented, & agreed upon were not made, Client agrees to notify Firegang within six months of the site completion, & Firegang agrees to make these edits. After which point, Firegang will do it’s best to accommodate these edits, however, is not obligated to. In monthly website packages, Firegang will assist with small copy and graphical edits, however reserves the right to charge for larger changes. These charges will be discussed and agreed upon beforehand.
- Page Copy. Client understands that IF Firegang helps write any copy on behalf of the Client, the Client is ultimately responsible for it. Firegang makes no claims to know or understand any industry governance (board (legal or medical), compliance department, local state laws), and will rely on the input from the Client directly. All site copy is ultimately the responsibility of the Client. In the event the Client is unsatisfied with Firegang’s revisions of the copy, the Client agrees to complete the copy through another source of their choosing, or internally, to be paid for by the Client separate from this agreement. Firegang reserves the right to remove themselves from the creation of the copy in any situation where the Client requests numerous & (as determined by Firegang) excessive revisions.
Internet Marketing Services Terms & Conditions
If Client engages in Internet / Reputation Marketing Services with Firegang, Client agrees to the following (in addition to the above conditions):
- Unless otherwise mentioned in writing, all marketing terms are 12 mos. agreement.
- Client will not hold Firegang responsible for any changes, decisions, or effects by any search engines’ decisions in rankings, inclusion, and/or algorithms that may affect the placement of any web property caused or not by search engine optimization services.
- If a website and marketing were purchased together, then as default, the monthly allocation of funds previously applied to the website will “roll” into the existing marketing package, towards increased marketing, when the website is considered paid in full. The client, at any time, may request that Firegang remove the allocation of funds previously allocated to the website from the overall marketing package.
- Pay Per Click may include placement on Google, & on other search engines. The length of time the ad will be placed & frequency of placement is not guaranteed & cannot necessarily be controlled by Firegang.
- The Client understands & agrees that while Firegang will do their best to run a highly effective Pay Per Click campaign, they cannot control all aspect of ranking or placement on any Search Engine Results Page (SERP).
- Client agrees to allow Firegang to use best judgment in how & where to spend the marketing funds and Pay Per Click budget as Search Engines make continual changes which need to be adapted to.
- Client understands that the Pay Per Click campaign, SEO campaign, and/or Internet Marketing campaign start date may be delayed, at Firegang’s discretion, due to necessary dev work and agrees to make the total number of payments as outlined above in the minimum agreement term.
- Client understands that Firegang cannot force the end client / patient to write / leave reviews online. As such, Firegang makes no guarantees as to the number of reviews or the placement of them. Additionally, Firegang cannot guarantee the length of time they reside on each site or the placement of them. The Client agrees to support Firegang in engaging the Client’s staff / employees as this is a joint initiative. The Client agrees to follow the reasonable direction of Firegang in regards to engaging the end client / patient.
- In the event that Firegang deems it necessary to change their scope of work to comply with the search engine’s ToS, or any 3rd party site’s ToS, Client agrees to retain Firegang through the remainder of the agreement. Firegang will always make reasonable changes in what they determine as a best practice and best outcome for the client.
- Client acknowledges that Firegang may use data acquired from marketing on behalf of the Client in Firegang’s future marketing (for example, case studies, ROI reports, etc.). Firegang will omit any personal, identifiable end client data, or data that would otherwise be widely accepted as “personal”.