Terms of Service
This Terms of Service Agreement (the “Agreement”) is entered into by and between Levy Media Marketing (“LMM”) and the site user (“Client”).
Apps are designed & developed meeting all coding standards. Client Apps features are based off of the package clients choose. Prices coordinate with the level of design and amount of features your App package will have.
Upon the signing of this contract, LMM may complete mock-up designs/renditions of client’s App for client to select from, and will work with client to fine-tune the selected design into a final (live) version of the client’s App. Requests for additional designs or reversion to concept planning for client’s App at any stage may result in delays in the completion of the client’s App and/or the assessment of additional charges.
Clients are expected to provide LMM web designers/developers with the necessary tools to complete the client’s App. This may include: photos/images, text, video, and all other media and materials that the client would like included in the client’s App design. Failure to provide or delays in the provision of the above-mentioned may result in delays in the completion of the client’s App and/or the assessment of additional charges. LMM offers customizable media solutions to help accommodate any needs clients may have in this area.
Websites are designed & developed to meet W3C coding standards. Clients website’s features are based off of the package clients choose. Prices coordinate with the level of design and amount of features clients’ website package will have.
Upon the signing of this contract, LMM may complete three mock-up designs/renditions of client’s website for client to select from, and will work with client to fine-tune the selected design into the final (live) version of the client’s website. Requests for additional designs or reversion to concept planning for client’s site at any stage may result in delays in the completion of client’s site and/or the assessment of additional charges.
Clients are expected to provide LMM web designers/developers with the necessary tools to complete the client’s website. This may include: photos/images, text, video, and all other media and materials that the client would like included in your web design. Failure to provide or delays in the provision of the above-mentioned may result in delays in the completion of client’s site and/or the assessment of additional charges. LMM offers customizable media solutions to help accommodate any needs the client may have in this area.
CMS sites must maintain their Super Administration/Administrator as setup by LMM. LMM offers a service to change client’s Super Administration/Administrator.
LMM makes no warranty or claim in regards to the success, or degree of success, of any marketing campaign. Our professionals use the latest technologies and strategies to assist our client’s site in attaining a wider audience and achieving our client’s marketing goals. However, LMM is not to be held liable for conditions affecting our client’s marketing campaign which may be outside of LMM’s control. Some marketing material is only part of our client’s campaign and may be removed if cancelling your (client’s) marketing campaign and/or cancelling/transferring your website.
See Communications for more information on SEM campaigns collaboration and communication.
Commissions for achieving specified rankings are granted once per keyword/search query for each singular search engine* and only for increases in keyword/search query rank.
*This rank applies to Google and/or Bing (Yahoo) results, unless specified otherwise under Proposed Solutions.
LMM is not responsible for anything that you or your clients/customers/viewers post on your social media. We will make our best efforts to filter, remove, and edit any type of libel, profanity or other undesirable content in relation to your business on your social media or other online sites.
LMM is not responsible for client’s content, reputations or property if client is hacked. LMM offers elite security services as a means of prevention from hackers. Furthermore, LMM offers services to restore and secure our client’s site in the event of a website breach. NOTICE: Electing to not secure your (client’s) website with LMM security services increases its chance of potentially getting hacked.
Branding materials (E.G. client’s logo, business cards, letterhead, etc.) are created to represent our client professionally and appropriately in our client’s market or field. Designers are experienced professionals who will design initial renditions for our client to choose from—the client’s designer will supply the client with the client’s packages number of mock-up/sample designs to choose from followed by the client’s packages listed opportunities to revise the client’s design. Requests for additional designs/revisions may result in additional fees.
LMM will update already existing material. Maintenance does not include: new site/app content, new pages, new material, or new website design or development of any kind. It does include changing already existing: text, images, videos, remote assistance, and content management systems updates. Maintenance Packages vary in degree of coverage and do not last indefinitely—all Maintenance Packages can, therefore, be expended. Using up your (client’s) maintenance allotted time for a single month will likely result in additional costs (at the going rate of the update or service) or having to upgrade your (client’s) maintenance package to one with more time. LMM will send our client’s a notice when our client’s maintenance reaches its maximum time limit and before completing any updates that have additional costs.
Back-Ups may be included in our client’s Maintenance Package and consist of one local backup (monthly) of your data. Previous versions of your data will eventually be overwritten or removed.
Maintenance Packages allocate time for inquiries and update requests (via phone/email). See Updates, Communications and Meetings for more information.
Feel free to inquire more information regarding maintenance packages from a LMM representative, as well.
Photography must be delivered in a usable and presentable form and format (JPG, PNG, TIF/PSD, AI, GIF, etc.). This work agreement does not include time for retouching or photo editing. It does include sizing our client’s photography and preparing it for the web.
Video must be delivered in a usable and presentable form and format. LMM accepts Vimeo, Youtube, MOV, MP4/MPEG4, AVI or WMV video formats. This work agreement does not include time for retouching or video editing. It does include sizing your video and preparing it for the web.
LMM strongly suggests that our client’s site be hosted through LMM’s web hosting service. If our client should choose to have the site hosted elsewhere, LMM may charge $50.00-$100.00/hourly for any work required with that web host, such as: installations, creating databases, adjustments to security permissions, etc. Projects that aren’t hosted with LMM must have half of their estimated setup cost paid upfront.
LMM will purchase and maintain our client’s domains for our client. As long as no fees are outstanding, LMM will also transfer or sell our client’s domains for our client upon request.
Modifying the Contract
The agreement for work to be completed for this project consists of the items mentioned in this contract. This specific agreement may not be modified unless a written change order is signed or email agreement is confirmed between the client and LMM. The scope of the work may not be modified unless the client and LMM sign a written change order or confirm an email agreement. LMM reserves the right to add or modify Terms of Services in this contract at any time by emailing an updated version to our client(s).
Cancellation of Contract
Client and LMM agree to complete the project in its entirety. However, in the event that either our client or LMM cancels the agreement, LMM shall be entitled to payment from the client for work already completed. Refunds for incomplete work will be assessed, if necessary, and penalty fees of up to 100% of the amount agreed upon may apply for breaching this contract.
The signing of this contract certifies that the client agree to all payments included. Under no circumstances can any of these payments be voided. Failure to meet the timelines listed in this contract will not void payments and may result in termination of service(s), as well as assessment of late fees. In the event of a legal dispute, you, the signee (client), agree to cover all attorney, court, and other legal fees incurred.
Selecting this option will shorten the timescale of the client’s products development. It is recommended that the client allows ample time for the completion of services and chooses this option only if absolutely necessary. Choosing the Expedite option will result in the cost of the client’s service fees doubling—this will not apply to the client’s monthly fees.
LMM is not responsible for any issues, problems, errors, misspellings, or incorrect/improper content caused/added to our client’s project if/when the content or text was provided directly from our clients.* We are also not responsible for any issues, problems, errors, incorrect/improper content caused/added to our client’s project by our client through Content Management Systems or otherwise.
Please send LMM all updates via email (updates discussed over the phone or in person still require an email to finalize). LMM reserves the right to record phone conversations for reference purposes.
Weekend rates* for urgent or expedited updates are doubled—this includes emails that require research or information. Please refer to the Expedite and Communications section for more information.
*LMM offers copy-editing services to edit and correct all textual updates for an additional charge.
*Weekends are considered Saturday after 2:00pm (EST) and all day Sunday.
Payments are due on the set dates listed in this contract and bill (invoice). Failure to complete payments will result in late fees and may result in termination of services. LMM is not responsible for delays in the site/project completion due to lack of client response and all payments will continue to be due on the dates listed in this contract and/or on your (client’s) invoice(s). Contracts and Invoice payments are set to correlate, though if two different dates are listed, invoices supersede the due dates of the client’s contract — this may be done to alter or extend payment due dates. Payments in excess of three (3) days overdue are considered late and will be assigned a late fee of twenty percent (20%) of the balance due (total owed), with a minimum late fee of $25.00, at the discretion of LMM, per month for each month they remain unpaid. Payments not completed in excess of one month (30 days) late may result in termination of services. Upon termination of services, all fees paid are forfeited. Late fees apply until all payments have been completed. Late fees, therefore, will be attached to every bill that remains unpaid.
Project estimates may be lower or higher than the final total cost of the client’s project. Estimates are to give an average cost for the client’s type of project and to allow us to assess ongoing payments in this contract (i.e. payment plans/installments/financing). Additional refunds or fees over the estimated amount will be addressed upon your project’s completion. You will be notified in advance if your project is projected to cost more than the quoted amount in your contract.
Monthly Term service is available in 3, 6, 9, or 12 month increments and will continue automatically on a month-to-month basis after this initial term unless canceled by our client. Service can be discontinued at any time before the given month of service by completing your (client’s) monthly term(s) and electing not to renew your (client’s) service for an additional period. Notice of discontinuation or cancellation of service, when on month-to-month service, must be received prior to that month of service.
Updates to prices, packages, and other services only take effect for clients signing after the update has been initiated or for clients on month-to-month plans—starting at the beginning of that given month. Therefore, prices/rates will remain unchanged for items/services that apply to our client’s current contract for the duration/term of that current contract. LMM prices/rates are subject to change without notice. Feel free to contact LMM for current prices/rates.
Third Party Costs will be passed onto client’s, with notice given to clients of such expenses prior to their purchase.
LMM will complete one initial consultation (travel fees may apply), proposal, and project estimate free of charge.
Termination/Transfer of Service
Terminating service does not nullify setup fees at any stage. Any issues or disputes that occur during service with LMM will likely result in a hold on all progress of projects, including: transfers, contracted work, etc.. Extensions on timelines due to issues deemed by LMM as client-side delays will not void the contract or any payment or fee deadlines therein.
If terminating service with LMM, the client must permanently retain the LMM logo where it exists on any material created or designed by LMM unless the client receives explicit written permission to remove the LMM brand. Access to the client’s media can only be altered by LMM or with permission from LMM. Additional transfer fees may apply.
Client domains will be returned/transferred upon clients request, only if all payments have been completed. LMM has the right to hold the client’s domains, and any other project materials, until the client has completed all payments with LMM.
All parties agree that information of any kind acquired about our client(s) will not be disseminated to any person or entity unless such information is already in the public domain. LMM agrees to keep confidential any information regarding any aspect of our client(s), including its/their products, strategies, and/or business practices.
Furthermore, all parties agree that information of any kind acquired about LMM services and marketing strategies is to remain private, as well.
Various licensing may apply to the client’s product, service and/or purchase. Websites, APPs and most media fall under licensing, which must be paid for if our client wants to duplicate, alter, or claim media as our client’s own. Ask a LMM representative about Standard, Advanced and Full Buyout Licenses for your product(s), service(s) or purchase(s). LMM maintains the creative & intellectual rights to their work, until a license for that work is purchased.
The estimated timelines are included to help keep the project(s) on time. Failure on the client’s end to meet these timelines can result in penalty fees, as it adds complications to the completion of the project(s), and will likely cause the project to miss its intended deadlines.
Clients that don’t sign by the listed dates in their contract, agree to any new dates provided by LMM, which will appropriately list contract timelines/dates that make sense.
LMM is only obligated to keep clients posted with the progress of their project(s) via email. This includes both, projects on schedule and projects that are behind schedule.
Penalty fees vary, depending on the nature and timeline of the project. Fees/rates are similar to late fees ($25.00 to $50.00).
Communications (emails, phone calls, etc.) that require research or extensive information to be provided are billed hourly, though they may be covered by your Maintenance Package* or Marketing Package (SEM Campaigns)*. Furthermore, LMM reserves the right to record conversations for quality assurance purposes.
*Maintenance Packages allocate time for ongoing communication, covering most requests and inquiries. Requests and inquiries that extend beyond normal circumstances may be billed hourly—LMM will notify our client of such situations. Requests and inquiries that extend beyond our client’s maintenance coverage time will have hourly charges attached—LMM will notify our client of such situations. Please note that different Maintenance Packages have different amounts of time available for communications and updates.
*SEM Campaigns allocate necessary time for communication and collaboration. Anything that extends beyond this time may be billed hourly—LMM will notify our client of such situations. Please note that different SEM Campaigns have different amounts of time available for communications and collaboration.
All material and media sent to LMM must be copyright free. LMM cannot use someone else’s work for our client’s site without their written legal consent, nor will LMM promote copyright infringement of any form. Please provide original or purchased work. Clients are liable and take full responsibility for any plagiarism or copyright infringements that the client supplied.
Taking LMM designs, material, software, or ideas/intellectual property to other companies, independent developers or designers, or anyone else who attempts to use the material without permission from LMM is prohibited and may constitute copyright infringement. Once more, such parties/entities must receive written explicit permission from an LMM representative to use any of LMM’s material or ideas, even if payments have been made.
Marketing data is permitted to be used by LMM, though LMM will not disseminate any personal or business information regarding our clients.
Scheduling meetings, including remote meetings (phone or web), and failing to appear for them may result in a $25.00 to $50.00 penalty fee, at the discretion of LMM. This does not apply if client cancels/reschedules their meetings 24-hours in advance.
Meetings may include charges for travel time and costs—LMM will notify clients of this in advance.
LMM is not responsible for any issues, problems, errors, misspellings, or incorrect/improper content caused/added to client’s website, or other software, if/when the content or text was provided directly from our clients. LMM is also not responsible for any issues, problems, errors, incorrect/improper content caused/added to client’s website, or other software, by client’s through Content Management Systems or otherwise.
Scheduling training sessions, including remote sessions (phone or web), and failing to appear for them may result in a $50.00 to $75.00 penalty fee, at the discretion of LMM. This does not apply if the client cancel/reschedule their training sessions 48-hours in advance.
Access & Provisions
LMM will need compliance from clients in providing access to necessary account information to setup client’s website, eCommerce site, domain (DNS), social media, etc. Not providing LMM with the necessary banking, domain account, hosting account, or other pertinent information may result in delays or the inability to complete our client’s project, for which LMM is not responsible and all client payments are still due.
Dissemination of private account and/or banking information regarding LMM and/or our clients is prohibited.
Average Blogs and Landing Pages are 250-500 words. These pages are designed with Search Engine Optimization in mind.
Client agrees to take no action which is intended, or would reasonably be expected, to harm LMM or LMM’s reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity for LMM.