General Terms and 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.
1. 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 for a minimum of 12 months after termination of any contract, hosting, or business relationship between Firegang and Client.
2. Photos. Photos and other misc. graphic images should be supplied by Client. In the event client does not provide photos, Firegang will provide stock imagery to use on the client’s website. Client takes all responsibility in proving non copyright infringing photos and documents. Firegang shall not be held responsible in instances where copyright infringing elements are used on the website or in marketing materials.
3. Copyrights and Trademarks The Client represents to Firegang and 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, and will hold harmless, protect, and defend Firegang and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
4. Assignment of Project. The Firegang reserves the right to assign certain subcontractors to this project to insure the right fit for the job as well as on-time completion. The Firegang warrants all work completed by subcontractors for this project.
5. Indemnification. Client agrees that it shall defend, indemnify, save and hold Firegang harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with Firegang’s development of the Client’s SEO. This includes Liabilities asserted against the Firegang, it’s subcontractors, it’s agents, its clients, servants, officers and 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 and 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, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
6. Rights Upon Termination of Agreement. Firegang shall transfer, assign and make available to Client all property and materials in Firegang’s possession or subject to Firegang’s control that are the property of Client, subject to payment in full of amounts due pursuant to this Agreement. In the event the Client terminates this contract by registered letter within before initial contracted term (6 months unless otherwise noted) rights and property will be transferred after final contracted month’s payment is received. If, at the sole discretion of Firegang, any reimbursement of monies, services, or other such refund is determined applicable, work which has been completed beyond the amount covered by the initial months payments, the Client shall be liable to pay for all work completed at the hourly rate. No portion of any payment will be refunded unless written application is made within initial contract period and at which time will be the sole discretion of Firegang to determine one is warranted. Refund request must be submitted by registered letter to Firegang.
7. Default. In the event of any default of any material obligation by or owed by a party pursuant to this Agreement, then the other party may provide certified written notice (email is not a valid form) of such default and if such default is not cured within twenty five (25) days of the written notice, then the non-defaulting party may terminate this Agreement.
8. Notices. Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, etc.
9. Litigation. Any disputes arising from this contract will be litigated or arbitrated within the city of which this contract was signed and entered into. This agreement shall be governed and construed in accordance with the laws of which this contract was signed and entered into. Undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of both parties. Any changes or modification thereto must be in writing and signed by both parties
10. Payment of Services. In regards to SEO / SEM Services, Client agrees to contract with Firegang a monthly bases with month to month thereafter per Appendix A. Client must then notify Firegang via email or certified mail with any intent to cancel services. If Client cancels, client must notify Firegang 45 days in advance of canceling month.
11. Deposit Policy. Firegang shall receive payment on the each month as outlined in Appendix A of the contract. All payments will be billed with the consent of client.
12. Age. Authorized representative of the Client certifies that he or she is at least 18 years of age and legally capable of entering a contract on behalf of the Client.
13. Termination of Services, Upon termination of services between Firegang & Client, Firegang agrees to provide basic details for locations of links & citations, usernames & passwords, and other client specific data at Firegang’s discretion. Firegang will not compromise it’s personal accounts, relationships, and practice methods by providing info that may do so. Firegang will always have final say as to which data (excluding the website) is provided to Client. Additionally, Client agrees to NOT withhold payment as leverage to acquire any data from Firegang.
14. Terms and Conditions, Firegang reserves the right to modify these terms as need at any time. Client will be bound to the terms on this page as they were on the date signed.
Website Terms and Conditions
1. Authorization. The above-named Client is engaging with Alphamale Enterprises DBA Firegang LLC., referred to as a Firegang, as a contracted agent and consultant for the specific purpose of developing and/or implementing a website. The Client hereby authorizes Firegang to access the required domain registrant settings, and agrees to provide Firegang with user names and passwords needed to configure all services including website hosting, DNS pointing, and email configuration. The Client authorizes Firegang (at their discretion) to publicize their completed web site to Web search engines, as well as other web directories, statistical data, generic client data, and indexes. Additionally, The Client agrees to provide campaign relevant data, including but not limited to, photos, logos, copy, and requested direction in regards to strategy and design in a reasonable and timely manner. The Client agrees not to hold Firegang responsible for any delay of any portion of their agreed upon marketing plan and/or website in the event that the Client does not provide Firegang with requested data (copy, photos, multimedia, client specific data, etc.) in a timely manner.
2. Domain Registration: Firegang will secure 1 domain name for the Client at the Client’s request. If the Client already has a domain name, Firegang will coordinate redirecting the address to the new host. Should the Client desire a specific domain name, which is already owned by another party, negotiations for said domain name must be undertaken by the Client. Client will retain ownership of domain name
3. Website Ownership. The Client will retain ownership of the website after all moneys owed to Firegang are paid in full.
4. Website Hosting. Being that not all hosting servers are secure, stable, compatible, or accessible as the ones used by Firegang, by default, the finished site will be uploaded to Firegang’s hosting server and will be maintained there. Firegang’s servers do not guarantee uptime, and as such, there may be downtime for security and resource updates and such. Note that Firegang’s servers have a 98% uptime however. Client will by default, be responsible for hosting of the site there and the costs as outlined in Appendix A. Firegang reserves the right to suspend and/or pull down the site for lack of payment after 45 days of delinquency of payment, and Client will be held responsible for outstanding balances due. If the Client wishes to host this site on another server, this must be laid out and established prior to any website build, and may be subject to additional fee’s associated. If Client wishes to transfer their website to another hosting server at a later time, Client will accrue and be held for this process. All outstanding balances must be paid in full before a site can be transferred off of Firegang’s servers.
5. Standard Web site Packages only. The content of the web pages will be supplied by the Client, unless otherwise noted by Firegang. In case the Client desires additional standard web pages beyond the original number of pages originally built, Firegang may charge additionally per project on a quote basis.
6. Online stores only. The text and graphic content of the web pages will be supplied by the Client and executed as specified by the Client.
7. Email Marketing / Capturing. Firegang (in most cases, but not all) will capture a copy of leads generated through the Client’s site for purposes of performance tracking, ensuring stability, and for quality control. Firegang agrees not to share end user personal data, however, may use non-personal data in future marketing efforts. Reverse email marketing, is a custom package, that contemplates using email marketing in combination with other efforts, but is not included unless indicated in a Marketing Contract.
8. Reputation Management. Reputation management services refer to monitoring the online reputation of client and could be used in combination with other online marketing efforts but are not included unless noted.
9. E-commerce. This custom package contemplates the possibility of an e-commerce enabled site. If a shopping cart is required for the Client’s site, the charges for the shopping cart will be listed in Appendix A.
10. Secure Certificate. If the Client selects an e-commerce enabled site, the Client is encouraged to obtain a secure certificate for online transactions. The Client understands that if they do not obtain their own secure certificate, design capabilities on the shopping cart itself may be limited.
11. Merchant Account. The Client will need a Merchant Account to enable the ability to accept credit cards online. Any charges necessary to secure the Merchant Account are chargeable to the Client
12. Real Time Credit Card Processing. If the Client has a high volume / high sales web site, real-time credit card processing will be desired. In this instance, Firegang will assist the Client in obtaining this service. Any charges related to this service are the responsibility of the Client as an addition to this agreement
13. Training. Firegang will provide e-mail and telephone assistance to the Client’s designated representatives regarding management of the Client’s web site upon the Clients request.
14. Additional Expenses. Client agrees to reimburse the Firegang for any critical Client requested expenses necessary for the completion of the project. Examples would be: Purchase of specific fonts at the Client’s request, Purchase of specific photography at the Client’s request, Purchase of specific software at the Client’s request.
15. Client Amends / Changes. Firegang prides itself in providing excellent customer service. That is the spirit of our agreement and the spirit of the Firegang’s business. To that end, we encourage input from the Client during the design process. Firegang understands, however, that Clients may request significant design changes the pages that have already built to the Client’s specification. To that end, please note that our agreement does not include a provision for significant page modification or creation of additional pages in excess of our initial design. If significant page modification is requested after a page has been built to the Client’s specification, we must count it as an additional page, and may charge the Client accordingly.
16. 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. Any repairs required will be assessed at an hourly rate.
17. Hosting. The Client acknowledges that Firegang will host all Firegang designed and built websites and e-commerce, however, Firegang will not typically host video (but will find off server hosting) or any proprietary site integration such as Client inventory management integration or banking software. Additionally, Firegang will not typically host email or other data on their servers unless otherwise noted.
18. Search Engine Optimization. Firegang will integrate the Clients web site with basic titles, keywords, descriptions and text. Advanced keyword research, implementation, and analytics are only included in a marketing contract unless otherwise specified. Firegang offers advanced search engine optimization and site promotion services. Firegang encourages all commercial Clients to obtain advanced Search Engine Optimization and Site Promotion services to garner the highest likelihood of organic traffic.
19. Work Schedule and Completion Date. Firegang to submit a First Mockup Draft of web site within the first full month after Firegang receives signed agreement, along with down payment and initial direction from the Client. Clients are to provide Firegang with all the data needed to complete web site, including text, company logo, and photos. Upon completion of this stage, the Client will be asked to confirm acceptance for the basic site design via e-mail or by signing a printed copy of the design and emailing to Firegang. Once this acceptance is received from the Client, the work necessary to complete the project will continue. Upon completion of the web site, an e-mail will be sent to the Client advising the Client that the work has been completed. After Client approval, the site will then be uploaded to Firegang’s hosting server.
20. Maintenance Grace Period. This agreement includes minor web page maintenance to regular web pages (not store product pages) over a one-month period, including updating links and making minor changes to a sentences or paragraphs.
21. Copyrights and Trademarks The Client represents to Firegang and 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, and will hold harmless, protect, and defend Firegang and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
22. Assignment of Project. Firegang reserves the right to assign certain subcontractors to this project to insure the right fit for the job as well as on-time completion. The Firegang warrants all work completed by subcontractors for this project.
23. Warranties and Liability. Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or Firegang. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. Client hereby agrees to indemnify and hold harmless the Firegang from any claim resulting from the Client’s publication of material or use of those materials. It is also understood that Firegang will not publish information over the Internet that may be used by another party to harm another. Firegang will also not develop a pornography or warez web site for the Client. Firegang reserves the right to determine what is and is not pornography. Firegang does not warrant or make claim that the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and/or error-free. Firegang is not held responsible for occasional downtime of email or web site due to line interruptions and/or other instances beyond Firegang’s control.
24. Laws Affecting Electronic Commerce. From time to time, governments enact laws & levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Firegang and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet electronic commerce.
25. Ownership to Web Pages and Graphics. Copyright to the finished assembled work of web pages and graphics produced by Firegang shall be vested with the Client upon final payment of any and all outstanding fee’s and services. This ownership is to include, design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Client for this project. Rights to photos, graphics, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Firegang and its subcontractors retain the right to display all designs as examples of their work in their respective portfolios.
26. Arbitration. Any disputes arising from this contract will be arbitrated within the city of which this contract was signed and entered into. This agreement shall be governed and construed in accordance with the laws of which this contract was signed and entered into. Undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of both parties. Any changes or modification thereto must be in writing and signed by both parties
SEO & SEM Terms & Conditions
Firegang will provide Client with Search Engine Optimization Services (hereinafter referred to as “SEO”) as described in this contract. Firegang will use specific keywords and/or phrases to improve the search engine ranking of, and/or position the contents of the Client’s website.
Search Engine Optimization. Search Engine Optimization (SEO), is the effort to provide natural (organic) placement of a website on search engines, websites, and directory services with the intent to drive natural traffic. Firegang will use proprietary methods in which to build placement that Client agrees not to share or relay to any public, private, or non-Firegang approved sources. Placement on any search engine or website under any specific keyword search is never guaranteed. Client understands that SEO is an ongoing process with no guaranteed timeline. Client authorizes Firegang to represent Client on their behalf in an effort to promote placement and/or traffic related to SEO.
Firegang’s SEO Services will include (but are not limited to):
1. Payment schedule is per the schedule outlined in Appendix A
2. Obtaining “back links” from other related websites and directories in order to generate link popularity and traffic.
3. Editing and/or optimization of text for various html tags, meta data, page titles, and page text as necessary.
4. Analysis and recommendations on optimal website structure, navigation, code, etc. for best SEO purposes.
5. Recommend, as required, additional web pages or content for the purpose of “catching” keyword/phrase searches.
6. If necessary, claiming and optimizing business listings and promoting citations.
For the purposes of receiving professional SEO services, Client agrees to provide the following:
1. Administrative/backend access to the website for analysis of content and structure.
2. Permission to make changes for the purpose of optimization, and to communicate directly with any third parties, e.g., your web designer, if necessary.
3. Unlimited access to existing website traffic statistics for analysis and tracking purposes.
4. Authorization to use client pictures, video, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary by Firegang for search engine optimization purposes.
5. If Client’s site is lacking in textual content, Client will provide additional text content in electronic format for the purpose of creating additional or richer web pages.
Firegang can create site content at additional cost to the Client. If Client is interested in purchasing content from Firegang, please contact Firegang for a cost estimate.
Client must acknowledge the following with respect to SEO services:
1. All fees, services, documents, recommendations, and reports are confidential (they may not be shared with any outside vendors or companies).
2. Firegang 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 may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
3. Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, Firegang does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
4. Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for extended periods of time. This is referred to as the “Google Sandbox.” Firegang assumes no liability for ranking/traffic/indexing issues related to Google Sandbox penalties.
5. Occasionally, search engines will drop listings for no apparent or predictable reason. Often, the listing will reappear without any additional SEO. Should a listing be dropped during the SEO campaign and does not reappear within 30 days of campaign completion, Firegang will re-assess the website/page based on the current policies of the search engine in question and may re-optimize.
6. Linking to “bad neighborhoods” (sites frowned upon by Google), or getting links from “link farms” can seriously damage all SEO efforts. Firegang does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
7. Firegang is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
8. Firegang 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, based on the hourly rate of $180 per hour. Notwithstanding any other provision of this Agreement, Firegang’s obligation to provide SEO services shall cease in the event the Client’s conduct overwrites the SEO services provided. For example, if the client’s webmaster uploads content without consulting Firegang, the Firegang’s obligation to provide SEO services shall terminate.
9. Firegang will provide on-page (items on the website itself) optimization recommendations (and changes when necessary), and will provide off-page (areas of the internet that are not client owned) optimization (and changes when necessary). As such, Firegang will give recommendations to Client in month one, but will begin work on off-page optimization in month two. Client agrees and is obligated to follow Firegang’s recommendations in a timely manner, towards their website. Regardless of if Client applies recommendations to the site or not, Firegang will continue to provide off-page efforts on behalf of Client through the end of the contract. Client acknowledges that the delay in following and applying on-page recommendations may slow and/or hinder SEO efforts however.
Client must acknowledge the following with respect to SEM services:
1. Search Engine Marketing (SEM), will offer placement on Google, and may include placement on other search engines such as, but not limited to, Yahoo and Bing in the effort to drive click traffic to Client’s website. The length of time the ad will be placed and frequency of placement is not guaranteed and cannot necessarily be controlled by Firegang. The placement on these sites is not guaranteed nor is the placement within the pages of these sites. In addition, no guarantee is made as to the number of impressions, clicks, conversion rate of impressions to clicks, or any conversion of traffic to contact via email or phone call. Firegang agrees to provide monthly tracking reporting via email and/or an online dashboard in which the Client can view tracked metrics.
2. The Client understands and agrees that while Firegang will do their best to run a highly effective SEM campaign, they cannot control all aspect of ranking or placement on any Search Engine Results Page (SERP). Firegang also makes no quote or claim as to the price for the cost per click (CPC), and can never do so as they do not control all aspects of the current bid price of any keyword.
3. Client agrees to allow Firegang to use best judgment in how and where to spend any SEM budget. Firegang will work with Client on this by request of Client.
Other (note here): Appendix A: Reporting Schedule:
Reports are typically delivered to the 5th of each month (or the first Monday after the 5th on weekends), otherwise, online reporting will be made available to the client in the form of analytics. Note: Please let us know which type of reporting you wish (and if you want different accommodations).
Hosting: Web Hosting is billed at $49 each month unless otherwise noted, and will be added to any marketing cost.