Terms of Service
Acceptance of Contract
The Client Contract will expire within seven (7) days of being submitted to Client. Client must respond within seven (7) days with acceptance, rejection, or requested changes to the Contract. After expiration, at client’s request, Austin Marketing Agency can re-submit a new Contract. Fees and timelines are subject to change.
If initial payment is not remitted within three (3) business days of acceptance of contract, contract will be considered void. Contract may be reissued, but fees and timeline are subject to change.
If after 30 days of website completion, final payment is not received, as Austin Marketing Agency still owns the copyright to the website (see Ownership of Website Clause), Austin Marketing Agency has the right to revoke all Client access to site and take the site down.
Same as above if down payment isn’t received within three (3) business days of acceptance of contract, contract will be considered void. Contract may be reissued, but fees and timeline are subject to change.
Payments start 1 month after contract signed. Payment amounts and terms to be laid out in contract.
Unless explicitly agreed upon in the initial contract, client will provide edited text content by timeline due date. Austin Marketing Agency offers editing, copywriting and SEO optimization services at an additional fee.
Graphics and Images
Client provides graphic files in an editable, vector digital format by timeline due date. Images should be in a high resolution digital format, again by timeline due date. Unless explicitly stated in contract, for example a portfolio/gallery page, we limit image placement to 5 per page. If you choose to buy stock photographs, we can provide a cost estimate. If you’d like us to search for photographs for you, we can provide a separate estimate for that.
AMA assumes client has permission from the rightful owner, or is the rightful owner, to use any images, content, trademarks, graphics, or other artwork provided by client for website inclusion, and will hold harmless, protect, and defend AMA from any claim or suit arising from the use of such work.
Changes and Revisions
Austin Marketing Agency doesn’t want to limit Client’s vision or the ability of Client to change their vision, so we’re super flexible! However; the quoted price is based on the timeline Austin Marketing Agency estimates for the content and vision Client provided for the initial contract. If after mockup page is approved, Client changes their mind, adds anything new, or alters original scope of project, (a general rule is if changes constitute 20% or more), it won’t be a problem as AMA will provide a separate estimate for the additional time it will take to implement changes.
Upon project completion, content revisions will be the responsibility of the client, or alternatively, AMA offers packages for website maintenance and revision services.
If clients is given administrative access to site, and any changes are made by client before final project is signed off, Austin Marketing Agency is not responsible for fixing errors or incorporating any design elements, including making site responsive. If AMA makes any changes or fixes any errors, we will provide client with a separate estimate for the additional time it will take to fix, correct or enhance client based changes. If website completion is delayed as a result of client actions, original contract completion date will remain in effect.
Ownership of Web Design
Once the project term or payment plan is complete and fee is paid in full to Austin Marketing Agency (AMA), any elements of graphics, images, content, trademarks, or other artwork furnished to client for inclusion in website are owned by client.
AMA retains the right to display graphics and other web content elements as examples of their work in their portfolio and as content features in other projects, as well as, text in footer of project acknowledging creation of site by AMA.
After the website has been launched, Austin Marketing Agency provides reasonable technical support for the first three months. After the first three months we can provide technical support and maintenance services at an additional hourly charge of $50. If technical issues or errors are caused by client editing site after launch, AMA will provide additional training or fixing of errors at a charge of $50 an hour.
Until public launch of website, AMA, to the best of its ability, will hold all graphics, images, content, trademarks, or other artwork, both provided by client and that provided by AMA, confidential. The parties agree to enter into a confidential relationship with mutual respect and shall be prohibited from disclosing confidential and proprietary information that is to be shared between one another in an effort to develop the Website Design.
Austin Marketing Agency always strives to adhere to the milestone and task dates to complete project within agreed upon timeline. Some milestones and tasks are client dependent. If client doesn’t provide needed material within contracted timeframe, AMA will renegotiate timeline with client if needed. This especially applies to the Creation Phase of the project. AMA will not start design of additional pages until Client has approved of mockup. Timeline will be adjusted accordingly once Mockup is approved. If there are any delays, AMA can not guarantee timely launch of site.
Project is considered complete once dd adds content and graphics provided by client on or before task date, not the launch of the live site. Client is allowed changes according to Revisions clause. If additional material is provided, contract cost may need to be renegotiated.
AMA will provide up to 2 hours WordPress/Divi training for client either before launch, or post launch. We will happily provide additional training at $50 an hour.
- Once the project term is complete and fee is paid in full to Austin Marketing Agency (AMA), any elements of text, graphics, photos, contents, trademarks, or other artwork furnished to client for inclusion in website are owned by client.
- AMA assumes client has permission from the rightful owner, or is the rightful owner to use any code, scripts, data, and reports are provided by client for inclusion in its materials, and will hold harmless, protect, and defend AMA from any claim or suit arising from the use of such work.
- AMA retains the right to display graphics and other web content elements as examples of their work in their portfolio and as content features in other projects.
- AMA is happy to make changes to project scope at client’s request at any time, but may be subject to changes in billing.
Logo/Graphic Design Agreement
Austin Marketing Agency agrees to the following:
We agree to create custom graphics and/or logo design suitable for your business identity and satisfactory to you. We promise to deliver your finished graphic/logo design in digital image files of high enough quality to be printed on business related print goods and for web page display when we have been paid in full.
Details: [Graphic/Logo Design Concepts and First Viewing] Within seven business days of receiving your company info, we will create up to four different logo/graphic design concepts for you. When we have received your feedback on these designs we will make any reasonable changes to your logo/graphic design choice.
File Delivery: After the final logo/graphic design is approved we agree to deliver the logo/graphic design to you as digital files (.png, .pdf, .ai., .eps, and/or .jpg graphics file formats). (Custom logo/graphic design packages are delivered to you by email or if the files are very large, you will be given a private link to download all your files.)
Ownership: Austin Marketing Agency gives you the right to use your new logo/graphic design in all media useful for your business promotion. We ask that you let us display your new Logo/Graphic Design and your full name, business name, and website address or company address, for testimonial and promotional purposes in our printed and online portfolios and in printed ads.
Originality: We affirm that our Logo/Graphic Designs are original and that we own the rights granted under this agreement, and that the rights granted do not conflict with any other agreement.
Client’s part of the agreement: In return for the above-described logo/graphic design, the client agrees to pay the total fee when final logo/graphic design is approved.
Ownership: The client understands that the final Logo/Graphic Design belongs to AMA until we have been paid in full. In the event of termination of this Agreement, Austin Marketing Agency owns the Logo/Graphic Design and has the right to request complete removal on website and any other instances of use and immediate cease of use by client.
Termination: The client has the right to terminate this Agreement if, AMA fails to complete the Logo/Graphic Design within 30 days of this agreement or if, illness or injury, or events beyond our control causes a delay of more than 60 days from the agreed delivery date.
Austin Marketing Agency SEO Terms
- All fees are non-refundable.
- All fees, services, documents, recommendations, and reports are confidential.
- Austin Marketing Agency 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.
- If contracted, Austin Marketing Agency’s responsibility is to implement strategies on website to initiate finding of website on Google Search. Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, AMA does not guarantee Page 1 position or consistent top page positions for any particular keyword, phrase, or search term; however, we will try our hardest.
- Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for more than 6 months. This is referred to as the “Google Sandbox”. Austin Marketing Agency assumes no liability for ranking/traffic/indexing issues related to Google Sandbox penalties.
- 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.
- Linking to “bad neighborhoods” or getting links from “link farms” can seriously damage all SEO efforts. AMA does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
- Austin Marketing Agency is not responsible for changes made to the web site by other parties that adversely affect the search engine rankings of the Client’s web site.
- Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to AMA for inclusion on the website above are owned by Client, or that Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Austin Marketing Agency and its subcontractors from any liability or suit arising from the use of such elements.
- Austin Marketing Agency 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 $50 per hour. Notwithstanding any other provision of this Agreement, AMA’s obligation to provide SEO services shall cease in the event the Client’s conduct overwrites the SEO services provided.