Web Site Design and Management Terms & Conditions
Hello and thank you for taking time to review these terms.
With any new client project; our staff, the client and the salesman share responsibility to ensure the client receives what was ordered in a timely manner. We strive to deliver most all projects between 30 - 60 days or earlier when possible - and this occurs over 80% of the time!
Our goal of course is to deliver to the client what was promised in the written contract within the framework of our products, services, pricing, policies, procedures, terms and conditions of sale. Whenever possible we strive to deliver more than what was expected by the client for what was ordered while still ensuring company profitability. Each client signs a written contractual agreement that outlines there basic order, responsibility and payment obligations.
Our main duty is to deliver what is promised within a fair amount of time. The following are the basic terms and conditions which apply to client orders, the company reserves the right to add, modify, change or remove items as needed to protect the general welfare of the organization and ensure all are operating well within the framework of the U.S. Constitution, commonly accepted good manner practices and all applicable governing laws.
If you feel something should be modified or an injustice has occurred, please address your thoughts to the company in writing for further considerations.
Buzzazz Regulatory Department
Written Communication - With an overall goal to help our clients expand their business, it is imperative that we communicate and coordinate at optimum levels.
Of course, we love speaking directly with our clients which is why our preferred method of doing business is face-to-face. We have created our business model to support this point of view and normally will be able to make one of our IMC''s available to visit you at your place of business, if so desired.
With that in mind and to also ensure we duplicate what is ordered it will be quite helpful whenever possible to receive f orders or changes in writing. There are submittable online forms within this corporate site that allow existing clients to submit their updates, service, quote and change requests directly online. We can also receive them via fax or snail mail, your choice. With the modern conveniences of telephones, smart phones, tablets, laptops, etc. we also know that it can be more convenient for clients to place orders directly over the phone. These are acceptable too as long as we have pertinent data that can be duly verified such as payment and contact information.
When there are delays with projects we normally discover there is some basic confusion with order specifics, indecision, inadequate content, payment challenges or simple non duplication between client, the salesman and our delivery staff. Clients are encouraged to contact their salesman and the company as often as possible to ensure their project is moving along smoothly.
It helps with company efficiencies if clients put service requests in written format, thank you for your cooperation as this allows us to better track situations and keep our costs of doing business lower than normal, which eventually translates into solid savings for our clients.
All Projects - Client satisfaction is our #1 goal. To accomplish this goal, the client, IMC and company staff will coordinate & communicate to duplicate what is needed by the client at the time the order is made.
It goes without saying that each client will want to receive the best services for the lowest costs possible and that the company will do its best to provide what is needed and ordered by the client at the lowest costs possible within the payment arrangements made to ensure company profitability.
The company and client must always formalize a project agreement with a written "order form" contract that outlines the products and services ordered as well as the costs and payment terms.
We delineate projects based upon complexity and have two major groups - basic and advanced - please review the differences below.
Basic Projects - Basic projects such as simple page web sites, video edits, change orders, etc. can be delivered very expeditiously. We attempt to complete basic project orders within 30 days or less. These types of orders will normally be delivered with the information submitted at the time of order or anything received prior to project launch. Any major changes to these orders from the clients received after delivery can be accomplished for our normal per hour "Change Order" Fees.
To avoid backlogs, we require all necessary client content such as logos, documents, text and pictures in a deliverable format for basic projects within 5 business days of when the order is placed. Regular per hour or fixed cost "Change Order" fees will be required if client content and information is received after project has been launched. FPL''s, Rough Draft Approvals and Makeovers are not included in basic projects. That said, if a client is unhappy with what was produced -we are more than happy to keep working on the project for a per hour or fisec item Change Order fee.
Advanced Projects - are projects such as a Premier or CMS web site, Blog, E-Commerce store, article, copywriting, logos, surveys, ad campaigns, site navigation, etc. We do our best to complete advanced project orders within 60 days. Any change order requests to these orders from the clients can be accomplished for our normal per hour or fixed cost "Change Order" fees.
To avoid backlogs, we require all necessary client logos, documents, text and pictures in a deliverable format within 10 business days of the order. After 10 business days, our delivery staff will complete the project when ready utilizing stock photography, text, flash, etc. as needed. A normal per hour "Change Order" fee will be required if client content and information is received after 10 business days.
Advanced Projects will require more detailed information from the client to ensure duplication of what has been ordered. This description will normally include but not be limited to what is listed within the order worksheet and is the responsibility of the client to forward to the company within 10 business days of the order along with the above mentioned content.
Project content would include but not be limited to written text copy (already proofread), photographs, edited sound files, edited video files, recognition articles or awards, links to membership or business groups, social media links, contact information, biographies, company history, product and service descriptions, promotions, menus, specials, banner ads, logos, site navigation, web page names, merchant account information, gateway account information, paypal account information, blog link, domain name account full access, old site full access, font style requests, exact color code requests, URL links to sites liked for, social media account access, product descriptions, thumbnail pictures for shopping carts, edited gallery photos, etc.
Advanced Projects that involve the creation of more complex web sites will include a "Rough Draft Approval" of the site navigation and layout along with one "Makeover" if requested. An FPL (Final Punch List) is included with advanced projects and after that, all further makeovers and modifications require Change Order fees.
All Inclusive Marketing (AIM) Projects - For clients wishing to capitalize upon a finance option that generously discounts our normal hourly rates of service, Buzzazz offers a unique service that helps clients expand their web presence within a monthly budget that can be tailor made for the financial condition of their respective business. All AIM projects will include (as needed to steadily move up the Buzzazz Web Success Chart) online project management, specific targets, monthly reports, site design, basic SEO, advanced On Site & Off Site SEO, Social Media, Shopping Cart Management, Smart Phone Apps, PPC Management, etc. - and delivered at a rate based upon the clients monthly budget - the larger the budget, the greater the savings from normal hourly price points and the more time can be allotted to the project.
For example, a Bronze service level normally receives one hundred dollars per hour rates (normal rates are one hundred twenty to two hundred per hour) where as a higher level of AIM committment will receive a reduced hourly rate for services. Again, the larger the budget, the greater the savings from normal price points. A more specific example of how this might apply would be a potential client wanting to upgrade their web presence without wanting to spend a large amount of marketing dollars upfront. A normal one time purchase price point for a service such as this could be around ten thousand dollars.
AIM clients commit to a three year term which automatically renews unless notification is received by company. Aim clients enjoy reduced hourly rate services with stable monthly zero interest financed payments. All AIM service agreements can be upgraded to higher payments at any time and are for thirty-six months. After one year AIM monthly payments may be lowered or cancelled with written 30 day advance notification. Unless otherwise specified in writing, death or a business closure, AIM client projects are accepted contingent on the basis that clients that modify their agreements are required to fulfill the balance due. Site files and domain access is only provided for those clients that have fullfilled their 36 month minimum agreements.
Pay Per Click (PPC) Management - PPC management is something we offer as part of our AIM services and all of our normal service terms of agreement apply. The initial stages of a PPC campaign can be inordinately time consuming beyond the extensive time needed to manage the daily, weekly or monthly adjustments, monitoring and reporting work of a campaign. A minimum of 30 days is required to completely establish control of a PPC campaign. Our price points allow us to assist companies with their campaigns in a cost effective manner to help them achieve their cost per click for targeted search traffic goals. As with all of our service agreements, our PPC agreements are for a 36 month committment with a minimum of 30 days notice required for service termination.
Rights of Refusal - Buzzazz reserves the right at its sole discretion to refuse or discontinue any or all services to potential or current clients that market illegal, borderline illegal or other morally questionable/unacceptable products or services. Further, we reserve the right to determine at our discretion if a product or service is one that may or may not be truly helpful to the social welfare and greater good of our society, and refuse acceptance of those that do not qualify.
Such products and services would include but are not limited to narcotics, drug paraphernalia, non hunting weaponry, pornography, psychotropic medications, psychiatry, parasitic lawyers, gambling, psychics, strip clubs, voodoo medicine, etc. If an order somehow or other slips through our sales department and is so determined to not be a qualified order for our company the client will be fully refunded ASAP with a brief explanation as to the unacceptability to our terms.
Delivery Schedules - We do our best to satisfactorily complete all client projects within 30 to 60 days from the date we receive the clients content. Each client is responsible to provide us with all necessary information and content to help complete the project on time. Customers who have been unable to deliver the proper content and material to complete the site should expect appropriately delayed delivery times.
Clients unable to pay for services at the time of order or agree to full payment within the first 60 days have the option to finance their purchase with the company's ZERO INTEREST one year 12 equal payment financing program.
Most projects are delivered on a first come first serve basis. Clients that pay in full or pay RUSH fees will receive preferential delivery schedules over those that choose to finance their purchase.
Clients that finance their purchase over a one year period will receive their services spread out over the year and sooner when delivery schedules allow.
No penalties will be assessed to the company if company is unable to deliver within the times given as there are simply too many arbitrary factors within this business to guarantee time lines.
Final Punch Lists (FPL) - Final Punch Lists are only included with Advanced Projects.
A Final Punch List or "FPL" for short is a written list of correctable items provided by the client to the company after reviewing an advanced project. The FPL is NOT a makeover or redesign, it is simply a list of small items needed to be corrected in order to complete the project that was ordered and paid for.
Such items would include but not be limited to grammar and spelling errors, text modification, image swapping, color alterations, background changes, page name changes, etc.
The FPL is then reviewed to ensure listed items are within the scope of original services ordered. Once the FPL is approved by Quality Control, it will be forwarded to delivery staff for completion.
If the FPL includes items beyond the scope of what was originally ordered, the client will be informed of such and given the opportunity to modify the FPL or request and pay for additional "Change Order" items.
Rough Draft Approvals - Rough Draft Approvals are only included within Advanced Projects.
This is done to ensure the client and company are in alignment at crucial stages of a projects development. It would be utilized for such things as but not limited to major copy writing endeavors, large site designs, logo's, etc.
For example, the company might create a home page layout including navigation for pages requested along with color schemes and background images. Of course, if a client changes their mind later on in project development, we will be happy to continuously rework the project after appropriate per hour or item Change Order fees have been paid.
QC Reviews - Each order will be reviewed by our Quality Control (QC) Division to ensure we deliver what was promised and paid for.
If a client is unhappy with a delivered product or service QC will review the order, content submitted and end product and make an evaluation.
If needed the project will either be routed back to delivery for further work or to an account manager to request appropriate Change Order fees.
Payment for Services - Buzzazz is a for profit company and like most of its customers operates on a cash base accounting system. FULL Payment for services is normally expected and required at the time of order. If an exception is made for a client in need of partial or full financing, Buzzazz offers short term and yearly financing options.
Before an order is processed in the Delivery Division, copies of the order and signed contract must be received with valid payment.
Currently, we accept VISA, Mastercard, Discover, Bank Debit Cards and automatic bank drafts (ACH). We do NOT accept American Express or cash.
ALL finance options must be formally authorized with a written signature that accompanies specific debit dates and bank or credit card validated information so that automatic secondary payment debits can be made to fulfill the clients responsibility for the delivery of the project.
Buzzazz always reserves the right to deliver a project over a longer than normal period of time if the client financing is spread out over a longer than normal (60 days) period of time.
RUSH Fees - If you are in hurry you can go the front of the line. We normally complete client projects on a first come first serve basis but do offer RUSH fee payment as an alternative for those clients really in a hurry to get their project done.
Of course, those clients that pay in full at the time of order will receive priority treatment and if a client is in a RUSH they can move to the front of the project board line by simply paying a design RUSH fee. The fee is an additional 10% premium on the order and it must be based upon an order that is paid in full and at SRP price points.
Refunds & Contract Modifications - Other than the normal 3 day right of rescission, we do NOT offer client refunds. As much of online marketing and advertising involves intricate design, concepts and other art forms, it is also an arbitrarily valued commodity in which there can be an unlimited number of "viewpoints". Clients contract us to provide quality and professional work at fair rates of exchange within a reasonable period of time.
From time-to-time clients change there minds midstream a project or have personal tastes that cannot be satiated. We do our best within the scope of the project to satisfy each and every client, however this is not always possible. In lieu of refunds, for clients who have changed their mind on the project or are not satisfied with the results, we may apply a credit to their account that can be redeemable for future, additional or upgraded services at any point in time. This would only be done with written Executive Council approval.
We understand that from time-to-time clients may have cash flow challenges, change their mind, have a 3rd party situation or upsets about what has been delivered. We strive to duplicate what the client wants and needs, unfortunately there are many potential arbitrary viewpoints that can crop up when dealing within such an artistic medium. Again, we do NOT offer Refunds to clients.
Similar to NOT offering refunds, we do NOT offer contract cancellations. Normally these types of requests occur on orders that have been financed, written approval request can be submitted to Executive Council to offer potential service credits for those situations that warrent attention. ALL contract modifications MUST have Executive Council written approval too.
Staff, IMC's & Sales Management do NOT have authority to authorize client refunds, credits or contract modifications. Anything of this nature requested by a client MUST have prior approval from Executive Council.
Service Fees - There are a variety of administrative and delivery costs associated with the daily, monthly and yearly upkeep, maintenance, and monitoring of client domain names, web sites, blogs, e-commerce engines, programs, live U.S. customer service, server security / speed / storage allocation, email accounts, updates, changes, marketing, renewals, security, storage, virus & spam protection, backups, etc.
To help offset some of the expenses and ensure we can continue to provide excellent customer service, we charge nominal monthly service fees (MSF) and annual registration fees (ARF). The MSF / ARF fees start at $39.95 and $75 and can change according to the clients web presence size, usage, service package, etc. and unless written differently in a specific contract our normal term of service is for three years.
From time-to-time Buzzazz reserves the right to increase service fees as needed to ensure basic service and update costs of business are being covered. Notification of any service fee price changes will be forwarded to all clients via email. Contact Buzzazz for current price structures, these fees are automatically billed to the clients account on or near the order date and are not refundable.
Buzzazz Advertising Awards - We offer a very unique incentive program to our valued clients for providing us with new client referrals.
Clients in good standing can offer Buzzazz Advertising Awards to their business friends and contacts which are directly exchangeable for the Buzzazz Online Strategic Plan / Consultation or other product puchases of $2,000 and above. SRP price points apply and awards are not redeemable for cash.
When a new customer is acquired from a Buzzazz Advertising Award, the client providing the referral receives service credits (fifty cents on each dollar spent) to their own account for each newly referred client purchase up to $5,000 in service credits.
Minor Updates - an update is considered a very "minor" change, modification or addition to a client's already active web presence. Active clients in good standing with their monthly service fees are entitled to a few updates each month. Unfortunately, these do not "roll over" from one month to the next they are not accumulative.
An average update might include: new bios, text editing, small text additions, contact info changes, static image swaps, coupons or specials changes, calendar / event updates, meta data corrections, a blog entry, link, etc. Anything beyond the scope of a minor update falls into the category of a Change Order, which must be paid for.
Content Create Fees - Once we know the basics of a clients business and what colors they like, navigation wanted, other sites they want to emulate, we can build most any web presence with basic stock content elements, unfortunately this rarely leaves a client happy. Clients have a very large portion of responsibility to ensure their respective project is delivered on time, and it mainly involves them providing needed content.
It is the clients full responsibility to provide all necessary content at the time of order to complete a basic project and within 10 business days for advanced projects.
Our price structure is established to provide very reasonable price points for those clients able to provide proper, timely and complete project content and yet provide alternative price solutions for those who are unable to produce proper, timely and complete content for their project.
When the client is unable to provide content and yet is not satisfied with the basic stock content build done by the company, then the client is responsible to pay Content Create and Change Order hourly or fixed cost fees as required to complete the project.
Change Order Fees - A good example or analogy to describe the Change Order would be someone building a home. After the lot is paid for, an architect normally draws out the blueprints. Once those are finalized the home is built per those specifications. Along the way, the homeowner may change direction several times with types of flooring, rooms, ceilings, lighting, windows, fixtures, countertops, etc. Those changes can normally be made and always come with extra "Change Order" fees - the further into the project, obviously the higher the fees.
The same thing can occur when building a web presence. Some people change their minds on colors, navigation, logos, content, number of pages, etc. along the way. Since our goal is to ensure client satisfaction, it is never to late to modify an order - of course, all "Change Orders" will require additional payments and can be either a hourly or fixed cost Change Order per item fee.
Also, once a project is completed we encourage our clients to upgrade and expand their web presence as often as possible as this helps keep it fresh, up to date and better optimized for the search engines. Changes ares paid per item for an hourly or fixed price fee and would include but not be limited to items such as: additional pages, new buttons, image editing, flash movies, logos, form additions, call to action buttons, photo galleries, etc.
Data Processing Fees - Clients unable to electronically send digitally formatted text copy can purchase data processing and or proofreading on an hourly basis. Simply fax, hand write or mail us text and we will do the work for a standard per hour data processing fee. To avoid these fees, simply send us all pertinent text, testimonials, menus, biographies, etc. in an electronic format that does not require us to re-type or reformat your content.
Media Editing Fees - Per hour Media Editing Fees will be assessed for the editing of photographs, sound files and video files sent to us not already formatted.
Old Photographs - Do you have old pictures that are not in perfect order? Our designers can normally work some photo magic and reshape, reformat, crop or generally clean up low grade pictures. This is done for a per hour picture fee. To avoid these extra fees, simply send us your pictures in good condition with resolutions of 72 dpi and not larger than 4 X 6 inches or 50k in size. If image files are combined and zipped, the compressed file should not be larger than 1MB. If sent on a disk; .eps, .tif, .jpg, or .gif formats are acceptable and the resolution should be 300 dpi.
Side-By-Side Service Fee - We are more than happy to build your project at your location or you can visit our office and work directly (side-by-side) with our Delivery team. Because we will be essentially training you or your staff with our processes, discussing options and including your direct feedback - this type of delivery is much more tedious and slow than when we work alone so a "double" project normal cost fee plus any associated travel expenses must be paid in full before work will commence.
E-Commerce Solutions - We have several options for online merchandising available to our clients - everything from basic PayPal button insertions to robust shopping cart "Online Store" solutions.
PayPal accounts are established by the client and product code sent to us for insertion into the clients site. As an additional paid service we can coordinate and create the account and product codes.
Buzzazz shopping carts are turnkey leased solutions - clients own the database information, but not the source files and are responsible for any costs associated with cart set up, modification and site integration. Clients are responsible to manage their cart, load inventory, edit inventory, establish and finance their own merchant banking and gateway arrangements which might include but not be limited to account relationships with PayPal, Auth.net, Visa, MasterCard, Discover, etc. as needed. Clients are responsible for all fees, contracts and other related issues with these type of payment related accounts.
Buzzazz is not responsible for sales, refunds or other issues related to the online store, normal design change fees apply and E-Commerce sites are subject to additional sliding scale service fees dependent upon resources utilized in the managing of the site.
Our price points include a couple hours of E-Commerce basic training. We can assist with inventory loading and store management for extra per hour fees. The client is also responsible to ensure Buzzazz receives the proper online account / product computer code for each item, account, gateway, etc. as applicable so Buzzazz can load into the E-commerce solution as needed. Again, we can provide assistance for normal hourly rates, if needed.
Occassionally we run into a scenario in which a client wants specific changes or functionality with their online stores, this can be accomplished for our normal hourly advanced programming integration rates. Also, clients sometimes have large amounts of inventory or inventory categories with pictures, specifications, codes, etc. in random database files or from RSS feeds from suppliers which are not automatically compatible with our carts and so they need to be customized and modified and manipulated with advanced programming in order to be a workable solution, these issues are above and beyond our normal price points and require advanced programming integration fees.
Non Payment Issues - We understand clients may modify their banking information or have occasional financial issues. It is the customers responsibility to keep their financial administration in order and to notify Buzzazz whenever they have a new method of payment for their services, whether it be a change of credit card or bank account or simply a new expiration date. We reserve the right to immediately suspend client service when payments are invalid or uncollectible for any reason whatsoever.
In addition to the service suspension, to offset the fees charged to us by our merchant account and banks, an automatically assessed $25 per NSF fee will be charged to a clients account. Once owed moneys are made good, service will be reinstated immediately.
Clients having financial difficulties are encouraged to contact the company in writing with recommended payment solutions to avoid service interruption, these solutions may or may not be approved by the company, they are adjudicated on an individual basis.
Early Termination Fee - Even though a client can opt out of an agreement after one year, our price structures are based upon client's agreement to have Buzzazz manage their project, site, service, etc. for a minimum of 36 months. We hope to continue servicing accounts much longer than that so unless otherwise specified in writing, death or a business closure, newly accepted client projects are accepted contingent on this basis.
Clients that terminate service agreements prior to 36 months will be required to fulfill their balance due on the 36 months of service fees. Site files and domain access is only provided for those clients that have fullfilled their 36 month minimum agreements.
Technical Estimates - Our quoted estimates are normally very accurate. If for some reason, our Delivery team is not able to satisfy all of your specific desires outlined in your initial order within the technical estimate provided, you will be responsible for paying a per hour or fixed cost fee for items that are determined to be over and beyond "reasonable" service.
Service Termination - We require a minimum of 30 day written notification of termination. We understand that from time-to-time someone goes out of business or has a variety of other reasons that they no longer wish to maintain a web presence. There are administrative actions and costs associated with the removal of a site and domain name from the web. We will immediately initiate terminations upon written notification from the client and the client will be automatically billed and responsible to pay one further month of service fees.
Clients that have completed their service agreement term may receive copies of site files upon written request, these files would not include proprietary files or cart source code files.
Minimum Advertised Price - (MAP Pricing) is the practice whereby a manufacturer and its distributors agree that the latter''s resellers will advertise the former''s product at certain prices, at or above a price floor (minimum advertised price). Definition: A price floor is a group imposed limit on how low a price can be charged for a product. MAP Pricing enhances customer loyalty, product image and profits. Manufacturers often assign a minimum price point below which a seller cannot advertise certain products.
MAP pricing ensures that their product maintains a certain level of exclusivity and doesn't become known as a cheap product. A Minimum Advertised Price (MAP) Policy alleviates brand degradation and reinforces the advantages of products in the areas of quality, design, warranty, and service delivered by the manufacturer. We have established MAP price points for our products and services, no services will be rendered below the MAP price points.
Disclaimer - Except as expressly stated in a written agreement between a client and Buzzazz, all content, services, products and software provided on this web site are provided "As Is" without warranty of any kind, either express or implied. Buzzazz and its suppliers and licensors disclaim all warranties, express or implied including, without limitation, those of merchantability, fitness for a particular purpose and non infringement.
Buzzazz does not warrant that the site, its content, or the products and services it offers on the site meet your requirements. Subject to the terms of any agreement between you and Buzzazz, its suppliers and licensors shall not be liable for any direct, indirect, special consequential, incidental, or punitive damages, even if Buzzazz, its suppliers or licensors have been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Email Accounts - Client service fees cover "x" amount of email account creation, management along with normal day-to-day email business activitiy. For security purposes bulk email promotional activities are forbidden.
FTP Access & Dedicated Servers- From time-to-time clients wish to have remote FTP access to the actual site files within the Buzzazz client server. For security reasons, as our servers are dedicated yet shared with other Buzzazz clients, we do not provide FTP access. For those insistent upon having FTP access, we do offer a dedicated server option with appropriate monthly service fees.
Transfers Away - From time-to-time and for a variety of reasons, a client may decide to move their site to another service provider. Upon written request, we will provide the necessary information to a clients next service provider once the service agreement is fulfilled. If a client wishes to transfer service before an agreement ends, they must simply pay the service fee balance of what is still owed to complete a 3 year commitment as outlined above in the Early Termination Fees clause.
Transfer To Buzzazz - From time-to-time a client will already possess one or more domain names or sites. When this occurs, it is the responsibility of the client to have the full access information readily available and provided to Buzzazz so that we can complete the project.
If the client wishes for Buzzazz to take control of and manage a domain name or site files, then the client must coordinate the unlocking and receipt of appropriate authorization codes to allow the transfer. If this cannot be coordinated, Buzzazz reserves the right to acquire a new domain name or site files in order to post the newly ordered site so that the project can be completed. It is the responsibility of the client to coordinate the pointing of or moving of any previously secured domain name.
Indemnity - All clients agree to defend, indemnify, and hold harmless Buzzazz, employees, attorneys, and agents ("Indemnities") against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney's fees, that the Indemnities may incur in connection with your use of the site or any hyperlinked web site or resulting from content you supply.
645 Cleveland St.Clearwater, FL 33755727-443-7300
2646 Hamstrom RdPortage, IN 46368219-764-8900