The following are terms of a legal agreement between you and Flash point Media Inc, DBA New Advanced Media. By using New Advanced Media’s service or submitting your credit card or checking account information, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not proceed
This statement covers all Exclusive Business Marketing sites, products, and services. EXCLUSIVE BUSINESS MARKETING SERVICES TERMS AND CONDITIONS 1. INTRODUCTION: New Advanced Media (“NAM”), agrees to provide you (the “USER”) with web services such as Web Design, Graphic Design, Video Creation, Advertising, Business Marketing, and / or Marketing Management Services, subject to your compliance with the terms and conditions. These terms can be voided, changed, edited, by New Advanced Media, at any time, for any reason, without notification. New Advanced Media can void or exit any agreement that is set up for recurring management for any reason, or If the monthly Marketing Management fee is not paid by USER (person who has signed our agreement via DocuSign), or declined by bank or credit card company, as per agreement provided via DocuSign. New Advanced Media agreements come in two forms, one is a standard invoice for services ordered such as Website and Video Commercials, and one is in the form of a Marketing Management contract (sometimes these are combined). The Marketing Management Contract (Transaction Invoice) contract can be for monthly marketing of a product or service, SEO, advertising, Google AdWords Management, Social Media Advertisements, etc. If the USER has signed an agreement for Digital Web Products such Website Design and Build, Video Commercial, Video Editing, Social Media Marketing, Graphic Design, or any other service that requires a developer to create something digital online or elsewhere, there is absolutely no refunds. If the USER has signed an agreement for monthly recurring marketing of their product or service, there is absolutely no refunds provided once the agreement has been signed and work started. Once we begin work on an agreed upon project there are immediate incurred expenses and absolutely no refunds can be negotiated. All Management Contracts for monthly Marketing Campaigns require a recurring monthly payment for the contract to be considered active and in good standing. All payment agreements start on the date of “Sign-Up Date” specified on your initial “Transaction Invoice” and your monthly recurring “Account Management” fee is due every 30 days from the “Sign-Up Date”, unless a different date is specified in the “Recurring Bill Date” located on the initial “Transaction Invoice”. All payments need to be made on time or contract can be voided or cancelled at the discretion of management at New Advanced Media. The initial deposit is non-refundable in all occasions and any monthly management fees that have been paid will be forfeited.
2. TERM, PAYMENT, & MODIFICATION: The term of this agreement shall commence and become effective as of the sign-up date, which coincides with the one-time nonrefundable down payment (SETUP FEE). This set-up fee always includes the first month of marketing management unless specified on the initial DocuSign “Transaction Invoice”. Site creation is included with initial setup fee, unless otherwise stated on initial “Transaction Invoice” and the monthly recurring “management fee” only includes management of the campaign, it never includes paid ads. In addition, New Advanced Media will use any USER-provided content to assist in site creation. Any content provided, USER revisions, or site alteration requests after site is active on the internet may be subject to design fee The design fee will not be applied if New Advanced Media is correcting an error on the site. Design fee base rate is $85.00 USD Per hour. There is never a guarantee that the design you want can be created. In all cases, Exclusive Business Marketing will take whatever steps it deems necessary to create the website features as close as possible to what is recommended by the USER. All websites are built using the WordPress website platform and NAM (New Advanced Media) can only design products within the scope of the WordPress platform capabilities. If the USER has requested features that are outside of the capabilities of the said website, we reserve the right to refuse the build of that particular feature(s), or can suggest an alternative and that alternative may come with additional pricing which will be paid by the USER.
Presence and Website Optimization differs in results with each client depending on area and saturation of industry. New Advanced Media has continued success ranking their clients on the first page of search engines organically, but in some cases, a Pay Per Click ad will be necessary for guaranteed results. New Advanced Media is dedicated to producing results for our clients (USER). USER agrees that billing is paid monthly for Marketing Management, in accordance to date of agreement and shall remain that way until USER notifies Exclusive Business Marketing in writing of cancellation. USER must cancel with a minimum of 15-day notice prior to the next billing date or will be charged for next billing date and cancellation will go into effect the following month. If USER cancels before monthly billing cycle is complete, USER agrees to pay for entire month. 3. CANCELLATION: The periodic New Advanced Media fee is valid from the period starting on the billing date and continues through the periodic anniversary date (6 months/12 months/18 months and so on). Upon the fulfillment of the USER Agreement with New Advanced Media, if USER wishes to terminate service more than 15 days prior to the next anniversary billing date, the next monthly fee will not be charged. If USER requests to terminate service within 15 days of the next anniversary billing date, then USER agrees to pay the charge due on the next billing date. When cancelling service with Exclusive Business Marketing, USER must call in and receive a cancellation confirmation number 15 days prior to USER’s anniversary billing date before service can be terminated. USER agrees that any charges incurred prior to cancellation are valid. Upon cancellation New Advanced Media will keep the website online and active for 30 days or until repurposing, whichever is sooner. Repurposing will require the USER to obtain their own hosting and domain transfer fees will be billed at cost. NAM can cancel an agreement at any time, for any reason.
4. PAYMENT: Except as expressly set forth herein, all payments are non-refundable. If payment is made using a credit card or if there are any periodic charges for publication of a site, those charges may be billed automatically to a credit card provided by USER. USER agrees to have credit card on file charged monthly by Exclusive Business Marketing. Unless Exclusive Business Marketing provides a written billing, agreement listing otherwise, charges will be automatically billed to the credit card USER designated during the setup process. New Advanced Media reserves the right to collect and send to collection agencies any outstanding balance due 30 days after the payment due date. If USER’s credit card on file expires, USER hereby gives New Advanced Media permission to charge the credit card with a later expiration date to allow for continued payment of New Advanced Media service. Customer may provide updated credit card information to Exclusive Business Marketing verbally and allows New Advanced Media to use that information accordingly for continuation of service. In addition, a penalty fee may be incurred, or cancellation may be initiated if USER fails to update credit card information. USER authorizes New Advanced Media to collect any charges related to the service of USER’s account.
5. PAYMENT CHANGES:USER may designate another credit card at any time. In addition, a penalty fee may be incurred, or cancellation may be initiated if USER fails to update outdated, or otherwise incorrect credit card information. USER must notify New Advanced Media 30 days prior to make any changes to billing information or charging procedures.
6. OWNERSHIP OF NON-USER PROPERTY: Title and full ownership rights in and to the advertising services, together with any and all ideas, concepts, computer programs, and other technology supporting or otherwise relating to New Advanced Media operation of the New Advanced Media network and website(s) (collectively, the “New Advanced Media”), shall remain at all times solely with New Advanced Media and/or with the respective outsourced service provider or author. Upon the completion of 12 Monthly payments by USER to New Advanced Media, USER will acquire ownership of USER’s DOMAIN and said domains WEBSITE FILES, and/or hosted files. USER must contact New Advanced Media to obtain ownership. USER acknowledges that it has and will not acquire any ownership interest in any other New Advanced Media materials mentioned by way of this Agreement.
7. USER REPRESENTATIONS AND WARRANTIES: USER represents and warrants to New Advanced Media that for the term of this Agreement: this Agreement constitutes a valid, binding, and enforceable agreement in accordance with its terms; information or data that USER (including its agents or representatives) has provided or will provide for Advertising Services is and will be both accurate and complete to the best of USER’s knowledge; USER is the authorized owner or representative of the business for which Advertising Services will be performed, if agreement is for advertising; and, USER’s Web site will not violate any applicable law or regulation; does not infringe in any manner any third party rights, including, without limitation copyright, patent, trademark, trade secret, or other intellectual property right or right of privacy or publicity; is not false or misleading; has not and will not result in any consumer fraud, product liability, breach of contract, injury, damage, or harm of any kind to any person or entity; is not defamatory, libelous, slanderous, or threatening; is free of viruses; does not contain, promote, or offer any form of spyware, adware, or other advertising or information collection software; and/or does not contain, link to or promote any of the following: violence, hate crimes (whether racial or otherwise), illegal activities, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. Exclusive Business Marketing is a website design and marketing agency. We do not create products or services that are sold by the USER. The USER is solely responsible all products and services offered on the website platforms built by NAM. NAM will have zero liability in any claims resulting from any product or services offered on the websites built by EBM. All liabilities remain with the USER.
8. USER COVENANTS: USER further agrees to perform as follows: USER will not hold New Advanced Media or its affiliates liable or responsible for the activities of visitors who come to USER’s website(s) through Advertising Services. USER agrees that it is solely responsible for any and all content or other materials that Exclusive Business Marketing places on a site on customer’s behalf. If USER sells or promotes adult materials, alcohol, tobacco products, or other age restricted products and/ or services, USER will: (i) have age verification on its sites home page and in the sales process in compliance with all applicable laws and regulations; and (ii) shall not offer such products and/or services in jurisdictions in which they are prohibited or are in any way restricted.
9. SITE STRUCTURE AND TARGETTING: USER acknowledges and agrees that the site built by New Advanced Media for USER will be built and designed to specifically target and optimize for one (1) city unless otherwise agreed upon. Any additional target cities or locations requested by USER require additional marketing strategies and additional charges and fees may apply. Although results commonly spread into areas surrounding the target city, New Advanced Media only guarantees placement for the stated target city. This city is in most cases, the location of the business address of the USER.
10. USER acknowledges and agrees that it will be accorded one (1) minor text or picture revision per month to their website at no additional expense. The USER can request changes be made to the text or pictures on the website. The revision cannot include alterations or modifications to the layout design of website or a complete redesign of the overall website, nor can it include any modifications of the product or services that the USER offers. NAM will not alter, manipulate, change, color, redesign, modify, ANY product or service offered by the USER unless stated in writing on the initial agreement. USER agrees that New Advanced Media will charge a design fee of $125per hour for any additional changes to the website beyond the one (1) minor text or picture revision per month or beyond the initial website design and build.
11. COMMUNICATION: In efforts to consistently improve our services, New Advanced Media always wants to hear from our customers. Whether comments, suggestions, praise, complaints, or any other communication, New Advanced Media is listening. You grant New Advanced Media a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) your communication in any form, your name, and any related copyrights, moral rights, or other intellectual property rights.
12. TERMINATION: New Advanced Media may at any time and at its sole discretion terminate service to any USER for any reason. If USER initiates an inquiry or disputes charges for services, New Advanced Media reserves the right to terminate the agreement between USER and New Advanced Media with no refund available. USER may terminate their signed agreement at any time with a one-time termination fee of $500.00 or by paying the monthly fees for the remainder of their agreement’s term (whichever is less).
13. USER INDEMNIFICATION OBLIGATIONS: USER agrees to indemnify, defend, and hold harmless New Advanced, its distribution partners, its licensors and licensees, and affiliated companies (Exclusive Video Ads, Exclusive Website Designs, Exclusive Shopping Sites), and any of their officers, directors, employees, representatives and agents, from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits, or proceedings (collectively being referred to herein as a “Claim”) for, including without limitation, libel, violation of right of privacy or publicity, copyright infringement, trademark infringement, or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with Advertising Services performed on behalf of USER, USER’s client’s website(s) or contents therein, USER’s conduct, acts or omissions, or any alleged or proven breach by USER of any term, condition, agreement, representation, or warranty herein, excluding any Claim that arises solely from the acts or omissions of New Advanced Media or its agents or employees. NAM will not be held liable for any services, features, design flaws, designs that did not meet the expectation of the USER. NAM will always do its absolute best to satisfy the USER’s expectations in hopes for a positive relationship, but in some cases, the USER’s expectations may exceed NAM’s capabilities within the budget, or software limitations. New Advanced Media will notify USER of any claim, action, or demand for which indemnity is required in the reasonable opinion of New Advanced Media and will cooperate reasonably with USER at USER’s expense. At the election of New Advanced Media, USER shall advance to New Advanced Media amounts in satisfaction of such Claim, which New Advanced Media may hold in escrow pending resolution of such Claim. The law firm USER chooses to defend New Advanced Media must be experienced in defending similar claims and will be subject to New Advanced Media approval, which will not be unreasonably withheld. USER may not settle any lawsuit or matter relating to the culpability or liability of New Advanced Media without the prior written consent of New Advanced Media. New Advanced Media will have the right to participate in any defense of a claim and/or to be represented by counsel of its own choosing at its own expense. Without limiting any rights and remedies hereunder or under applicable law, New Advanced Media shall have the right to set off any liability of USER to New Advanced Media with respect to a Claim against any amounts held on deposit with New Advanced Media by USER.
14. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER: USER acknowledges and agrees that it will not hold New Advanced Media liable for any errors in content, omissions, consequences, damages, costs, refunds, or rebates of any kind arising from any interruption of service or other unavailability of the Internet or website(s) in which the advertisements are published for whatever reason. New Advanced Media makes no representations or warranties relating to the results of website or video commercial design or layout, the final look or outcome of the website design or video edits, Advertising Services, including without limitation, the number of impressions or click-through and any promotional effect or return on investment thereof. As New Advanced Media relies on third parties for certain data, New Advanced Media makes no guarantees regarding the accuracy, reliability, or completeness of any usage statistics. In no event shall New Advanced Media be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.
15. FORCE MAJEURE: Neither USER nor New Advanced Media will be in breach of its obligations under this Agreement (other than obligations to pay monies due) in the event that, for cause or causes beyond its reasonable control, such party is unable to perform, in whole or in part, any one or more of its obligations under this agreement. Such causes will include, but not limited to, labor disputes, governmental regulations or controls, fire or other casualty, inability to obtain materials or services, technical failure or difficulties, problems or interruptions with the Internet, computer viruses, snow storms, hurricanes or other acts of God, insurrection, or any other cause not within the reasonable control of Exclusive Business Marketing or USER.
16. ENTIRE AGREEMENT: This Agreement between New Advanced Media and USER supersedes any other oral or written agreements regarding the advertising services specified in this agreement. Neither USER nor any agent of New Advanced Media may amend these terms and conditions or add any provision to or delete any provision from this Application or any addendum, and any such amendments, additions or deletions are void. No oral or written representation made by any person that purports to modify this agreement is binding on New Advanced Media. Moreover, USER confirms that USER has not relied upon any such representation in entering into this Agreement.
17. GOVERNING LAW: USER and New Advanced Media agree that this agreement and all disputes relating to this agreement will be governed by and interpreted according to the laws of the State of California.
18. AUTHORITY: The person submitting credit card or checking account information or subscribing to serve hereby certifies that he or she is either USER, or that he or she has been lawfully authorized to submit Agreement and authorize the placement of advertising on behalf of USER. Terms and conditions are subject to change without notice. Terms and conditions are subject to change without notice