Google My Business (GMB) Listing Optimization, Search Engine Optimization (SEO), and Paid Search Engine Marketing (SEM) Contract
This is the Digital Marketing Service Agreement for DigitalBullLeads.com.
1. Buyer (User) – (hereinafter referred to as “You”, or “Credit Card Holder”, or “Client”).
2. Seller (Product / Service Provider) – DigitalBullLeads.com, the online entity of Opteamize Cloud Solutions Pvt. Ltd., HQ in Chennai, India (hereinafter referred to as “Our”, “Us”, or “We”).
Terms and Conditions
1) STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions that apply to all contracts and all work undertaken by DigitalBullLeads.com for its clients. By entering into this Agreement with us, you give us permission to access your Website (for Content Uploads & Landing Page Optimization), as well as Google My Business Account, Google Ad Account, Google Analytics, and Google Search Console as required or necessary for the purposes of optimization and management of your online business. This contract is limited to one website unless otherwise specified in the contract.
You understand that there are three (3) fees to consider before using our Organic (GMB & SEO) and/or Paid Digital Marketing services:
(a) One Time Set-up Fee (paid to DigitalBullLeads.com, separate fee for each service);
(b) Ongoing Monthly Agency Management Fees (paid to DigitalBullLeads.com);
(c) Monthly Search Engine Advertising Budget (paid to Google directly).
All prices listed are in United States Dollars ($ / USD) and exclusive of any applicable local taxes. They can be viewed in the respective service pages and are subject to change.
3) REFUND POLICY
DigitalBullLeads.com works sincerely and dedicatedly to satisfy you. If you are still not pleased with our work, our refund policy works as below:
50% refund on setup fees, if requested in writing within 15 calendar days from the date of order.
(a) Refund not applicable on Monthly Agency Management Fees
(b) Refund on Monthly Search Engine Advertising Budget is based on the respective refund policies for Google Ads.
4) SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with an agreed specification. Such materials may include but are not limited to: keywords, written copy, logos, and other material as needed. Where there is any delay in supplying these materials to us, which leads to a delay in the completion of work, we reserve the sole right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials and information, and that prevents the progress of the work, we have the right to stop work and invoice you for any balance on the contract.
5) PROJECT DELAYS AND CLIENT LIABILITY
We endeavor to set up your Google My Business and Google Ad Accounts as soon as possible. However, in some cases, it may take 4-7 days to complete set up of your new account. Any time frames or estimates that we give are contingent upon your full cooperation along with complete and final materials and information. During the contract period, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a regular basis in order to expedite the feedback process. We will not be responsible if the work remains largely unfinished or is delayed, due to your own inaction, or by not approving written ad copies, keywords, etc.
6) APPROVAL OF WORK
On completion of the initial setup, you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved.
7) REJECTED WORK
If you reject any of our work within the 7-day review period and not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as complete and take measures to recover payment for the contracted work.
(a) The initial (one time) set-up fee is payable in full before the setup of your Google My Business and/or Google Ads Accounts will begin.
(b) The ongoing monthly “Agency Management Fees” for our services will be charged by us in advance on a monthly basis by automatically debiting your supplied credit card/debit card based on agreed management fees.
(c) The “Advertising Budget” will be charged by Google directly by automatically debiting your supplied credit card/debit card based on monthly usage and historical spend.
If you wish to suspend or cancel our services and management of your Google My Business and/or Google Ads accounts at any time, then please let us know by email to getleads(at)digitalbullleads.com. Upon cancellation, all amounts owed to DigitalBullLeads.com will need to be paid in full. Any outstanding amounts will be due within 3 business days of cancellation. There will be no prorated refunds on the Monthly Agency Management Fees already paid.
Cancellation of our agreement does not automatically stop your Google Ads from running and incurring Google Ads “per click” fees. We will not be held liable for any amounts that Google Ads charges you following the cancellation of your management with us. If you wish to cease advertising online at the same time that you cancel your contract with us, please notify us in writing [getleads(at)digitalbullleads.com] so that we can cancel your Google Ads online advertising for you as a courtesy. Alternatively, you may choose to directly access your own Google Ads account to arrange cancellation.
(a) Affiliations – DigitalBullLeads.com is not affiliated with Google, Google My Business, Google Data Studio, or Google Ads and does not receive any commission or fees from the aforementioned entities for using their services.
(b) Performance – DigitalBullLeads.com shall endeavor to help you obtain your online promotional goals by providing you with advice, information, and technical services in relation to Google My Business, Local & Organic SEO, and Search Engine advertising/marketing. Unless specifically stated to the contrary in the Agreement, DigitalBullLeads.com does not guarantee any particular rate of return or performance on Google Map-Pack, Google SERP, or any online advertising on Google Ads (including but not limited to any particular search results page/s or rankings). We shall not be held responsible for commercial outcomes which are associated with the Internet marketing or management of your Google My Business or Google Ads account for your business and/or website.
(c) Interruption – Neither DigitalBullLeads.com nor any of its employees or agents warrant that the functions contained in the account will be uninterrupted or error-free. In no event will DigitalBullLeads.com, its owners, or employees be held liable to you or any third party for any damages, including, but not limited to: Service interruptions caused by Force Majeure (war, riots, fire, flood, hurricane, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns, terrorist attack, prolonged energy supply shortage, etc.); problems with the hosting service or any other circumstances beyond our reasonable control; any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website; failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers; or your site visitor’s computer or Internet software, even if DigitalBullLeads.com has been advised of the possibility of such damages.
(d) Delay – DigitalBullLeads.com shall not be held liable for any loss or damage which you may suffer which is in any way attributable to any delay in the performance or completion of our contract, however that delay or loss arises.
(e) Browser Compatibility – Please note that not all text and/or images may be compatible with all browser versions on desktop and mobile, especially older versions of Microsoft Internet Explorer (IE) or the Apple Safari browser. DigitalBullLeads.com is not responsible for browser related technical issues or incompatibility.
(f) Post-Project – DigitalBullLeads.com is not responsible and will not be held liable for any damages or problems occurring in your Google My Business account, Website, Google Ads account, or any other of your properties after the project has been completed. Completion, as agreed by both parties, signifies closure of the relationship and any other work will be undertaken as a new project and not as a continuation of the old project.
Subcontract of any services shall be drawn up with prior information from Clients and shall be restricted to the following areas only:
1. Backlinks for Website (SEO)
2. Blog & Guest Posts for Website (SEO)
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party. You also agree not to disclose our methodologies to other parties without the prior approval and permission of DigitalBullLeads.com.
13) ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of our contracted proposal including but not limited to building new landing pages, Video Editing, custom photographs, CDN, Guest Posts or any other comparable expenses. These extra add-ons have to be paid immediately upon your order request.
14) RIGHT OF REFUSAL
DigitalBullLeads.com reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. Also, we have the right to be free from acts or threats of disruptive behavior, abusive and/or offensive language, including intimidation, harassment (targeted or general) and/or coercion, which interferes with or affects our operations. Abusive communications in any form (email, phone, chat, etc.) are strictly not tolerated and we reserve the right to take any actions necessary to curtail such abuse. No refund would be provided in case of abusive communications.
15) GOVERNING LAW
Regardless of the place of signing of this agreement, you agree that for purposes of venue, this agreement was entered into in the State of Texas, United States. Any dispute will be litigated or arbitrated in the State of Texas, and you hereby consent to the personal jurisdiction of the Fort Bend County, Texas Courts.
This Service Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and agreed with by both parties.
Last Updated: 28th January 2019.