Firegang Digital Marketing Agreement
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.
- 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, or on the signed agreement. These terms will renew based on the schedule outlined either on this page, or in the signed agreement. Client must then notify Firegang one month prior via certified mail or email 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. In the event of a dispute, client agrees not to withhold payment(s) for any reason without approval from Firegang. No alteration of the payment schedule may be made without written approval from Firegang.
- 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.
- Termination Terms. Client acknowledges a 1 month minimum cancellation notice. This means that once the Agreement Terms are fulfilled, whatever month you cancel, your next month will be your final bill. This cancellation or reduction must be made by the person that signed the original agreement, (if original signee of the agreement is no longer employed or affiliated with the company / organization, then this could be done with the person that replaced them), in written form via email or a certified letter. Emails must be sent to [email protected] Prior to the cancellation or reduction of services, at Firegang’s sole discretion, an “exit interview” is required to take place with Firegang and the person that signed the original agreement. Client may only terminate services after the original Agreement Term is fulfilled. In cases where there is an auto-renew in place, that renewal must be fulfilled as well.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 data that would otherwise be widely accepted as “personal”