I understand that by Signing and Clicking the “Confirm Contract” button, I have read and accepted the terms & conditions stated on this page. The following terms and conditions are applicable for clients that have received an invoice from Gracious Marketing. Hereafter, the “person”/”organization”/”Company”/”agency” buying any packages, plans referred in this document as “Services” that includes – Web Design, Search Engine Optimization SEO, Pay-Per-Click Campaigns, Facebook Advertising, Google AdWords, PPC Ads, Ad Management, Analytics Reports, Monthly Maintenance, WordPress, WooCommerce, E-commerce, Service Call, Vincify, Landing Page, Hack Removal, Graphic Services including Logo, Brochures, Business Cards, Banners, Posters, E-Design, Presentation, eBrochures, Booklet, Folder, QR Code, Audio, Print, Delivery, Video, ebooks, Editing, Branding, Video Production & Shooting, Photography, Social Media, Social Media Icons, Internet Marketing Training and any other Strategy Formulation, Training, Graphics and any Marketing and Sales Services ( Do we want to add any other service ) something from Gracious Marketing. or any of the direct / redirect / indirect links to this page, URL’s, or Domains will be referred in this document as “Client”, “you”, “your” and Gracious Marketing as the “Service Provider”, “we”, “us” “our”.
3.1. Photography, Audio, Photography / Photo, and Video Shooting: For Clients residing in the U.S and Canada, at the request of the Client the Service Provider will visit the Client’s place of business and capture images, video, audio in digital format for inclusion on the Client’s Services. The Service Provider will also be able to scan images, send and receive digital media formats for audio, video and shoot videos at the Client’s request. Due to the differing needs of Clients, the quantity of digital photography, video production, footage, shooting locations and scans and costs incurred will be negotiated. The client agrees to pay for all additional travel, food and stay costs for our team involved in this process.
3.2. 3rd Party Stock Photography, Audio, and Video: Any costs incurred in purchasing 3rd party stock photography must be paid by the Client. The Client takes full responsibility for any 3rd Party Stock Photography, Audio and Video that he provides to the Service Provider by any medium and will hold harmless, protect, and defend the Service Provider and its subcontractors from any claim or lawsuit arising from the use of such elements furnished by the Client.
8a. Designing, producing and shooting a completely new video, audio, photography, graphic design, ad, website layout or strategy, vision change to accommodate a substantial change at the Client’s request.
8b. Recreating or significantly modifying the company logo, graphics, resetting new accounts for Google tools such as Google Analytics, AdWords, Google Console, Google Maps and Google Places at the Client’s request.
8c. Replacing more than 50% of the text, image content to any given page, graphics at the Client’s request.
8d. Creating a new navigational structure or changing the design or links in graphics at the Client’s request.
8e. Significantly reconfiguring the Client’s PPC AD account, Campaigns, Advertisement, Graphic Designs or Web Links.
8f. For Monthly Technical Maintenance: Any content upload, update such as uploading and replacing text, images to any given page at the Client’s request or significantly reconfiguring the Client’s shopping cart with new product upload, shipping or discount calculations if an e-commerce enabled site has been selected by the Client.
8g. Any additional content update on the website other than the one already included in our Virtual Assistance Plan.
Clients who anticipate frequently changing the look of their site during the design process and Clients who desire to be an intricately involved design of each page, graphics or PPC campaigns are encouraged to negotiate an agreement before purchasing our Services.
If significant development is requested by the Client in excess of our agreement, charge(s) will be invoiced accordingly.
9.Copyrights and Trademarks: The Client represents to the Service Provider and unconditionally guarantees that any elements of text, graphics, photos, designs, audios, videos, trademarks, or other artwork furnished to the Service Provider via Email, Phone, Internet, On-Paper, in-meeting and otherwise, for inclusion in the Client’s web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Service Provider and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client. The client agrees that any content used while developing the website is owned by the client and Under no circumstances will the Service Provider be liable for Client’s Content or the content of any third party, including, but not limited to, for any errors or omissions in the Client’s Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise. The Service Provider will not be liable for any Copyright Infringements.
WEB DESIGN TERMS
23.1 Domain Registration: At the Clients request, the Service Provider may secure a domain name (www.myname.com | .ca, etc.) on behalf of the Client. All charges incurred in doing so will be billed to the Client as an additional fee. These are Internet fees and are not a source of income for the Service Provider. Should the Client desire a specific domain name that is already owned by another party then an alternative domain name must be registered. If the Client already has a domain name, the Service Provider may coordinate redirecting the address to the new hosting server.
23.2 Standard Hosting Services: At the Clients request, the Service Provider may order an account with a Host Provider on behalf of the Client or the Client may order the account independently. We offer the Client the ability to order this account independently as a way to help the Client control cost. If the Client chooses to have the Service Provider order an account with a Host Provider, the Client agrees to pay all necessary hosting fees before ordering. If however, the Client is not an advanced user of the Internet, the Client is encouraged to use the services of the Service Provider to secure and maintain this account.
23.3. E-mail Assistance: The Service Provider may offer e-mail assistance to Clients who have their World Wide Web site residing on the Service Providers server. This includes a provision to assist the Client with e-mail setup using the maximum number of accounts allowed by the Service Provider. Current e-mail clients supported by the Service Provider include all versions of Microsoft Outlook Express and Outlook for all Microsoft Office products. In some cases where the e-mail setup is not successful, the Client may have to contact their Hosting or Email company for further assistance. For Clients who’s World Wide Web site resides off the Service Providers server, it is urged that the Client contact their Hosting Provider for e-mail assistance.
23.4 Cross-Browser Compatibility: Our agreement contemplates the creation of a website viewable by, Microsoft Internet Explorer 10 and Google Chrome. Compatibility is defined herein as all critical elements of each page being viewable in both browsers. The client is aware that some advanced techniques on the Internet, however, may require a more recent browser version and brand or plug-in. The client is also aware that as new browser versions of Internet Explorer and Chrome are developed, the new browser versions may not be backward compatible. If requested by the Client, time spent to redesign a site for compatibility due to the introduction of a new browser version will be separately negotiated.
23.5 Add-Ons: These are additional configurations, features, programming languages that the Client may wish to use for their World Wide Web site. If a large scale development using any and or all of these add-ons is necessary, the price can be negotiated for CGI / PHP / Macromedia Flash / DHTML / Real Audio/Video / QuickTime / QuickTime VR / Microsoft Media / Java Applets / JavaScript / MySQL Databases, E-commerce/Merchant Account/Secure Certificate. The Service Provider recommends the use of your banks’ e-commerce services. If information is required, the Service Provider will be pleased to offer assistance in obtaining further information. The Client understands and agrees that any cost and charges incurred directly or indirectly related to the Client’s E-commerce website portal, fees, penalty or sales are not covered by the Service Provider. From the day the website is completed by the Service Provider; the Service Provider makes absolutely no liability for Client’s eCommerce customer complaints and any transaction, function, configuration, third-party plugin, open-source CMS, application failures. The Service Provider is not responsible for maintaining the Client’s website unless the Client is a monthly paid service subscriber for technical monthly maintenance packages.
23.6 Search Engine Registration: Upon final payment of development and at the Client’s request, the Service Provider will optimize the Client’s World Wide Web site with appropriate titles, keywords, descriptions, and text and thereafter submit the Client’s World Wide Web to free search engines and directories.
23.7 Website Design Services: The client agrees that the Service Provider may use open source platforms such as WordPress CMS and third-party applications to build website and will not be held liable for any faults, loopholes, hack, spam or any other problem arising due to mismatch, upgrading error with different versions of the CMS & plugins, applications. The Client also agrees and understands that problems arising due to third-party hosting, servers, domain provider or any technical reason or by the act-of-god is not the fault of Service Provider and therefore agrees to hold harmless, protect, and defend the Service Provider and its subcontractors from any claim or lawsuits.
23.8. SEO Keywords & Pages: The Service Provider does not provide any Warranty/Guarantee for Search Engine Ranking. Moreover, the Page rank depends on various different factors such as your website content relevancy, page popularity, authentic backlinks, domain age, blogging consistency, social media presence, and niche. If the Client is looking for a guarantee over the page rank, the Client should get our Search Engine Optimization services.
MONTHLY WEBSITE MAINTENANCE, SEO TERMS
GOOGLE CONSOLE / WEBMASTER, ANALYTICS, ADWORDS, FACEBOOK ADVERTISING TERMS
35.1 SEO Definitions: SEO is also known as Search Engine Optimization or Organic SEO. Definition of Single or multiple keywords related to your website content, service(s) or product(s). We will work with all keywords and/or keyword phrases provided by clients and make every effort possible to bring said keyword and/or keywords phrases to the top of major search engines like Google, Yahoo and/or Bing. However, the client must clearly understand that ‘organic SEO’ programs cannot guarantee ‘specific’ keywords and/or keyword phrases in specific search engines. Instead, our guarantee covers keyword and/or keyword phrase rankings related to a client’s website product and/or services.
Here is an example for a fictitious ‘cat grooming store in Toronto, ON’ whose company name is Cat Love Toronto Inc., and whose domain name is catslove-toronto.com.
A typical scenario of keyword phrases in the first five pages of major search engines would include any of the following:
Shredding
Shredding Irvine
Shredding Irvine USA
Shredding Irvine CA USA
Shredding Irvine CA
Shredding in Irvine
First page ranking on the company name ie: Shred Connect, the domain https://www.shredconnect.com/ or results returning from a PPC campaign (Adwords, Sponsored Listings) do not constitute a successful first-page ranking return.
35.2 SEO Guarantee: The Client understands and agrees that Search Engines such as Google, Ask, Bing and Yahoo, etc. are third party websites that the Service Provider has no control over and Service Providers Services are only confined to optimizing the Client website with the best possible legit method and keywords. Our guarantee for the first page or the first five-page depends on the amount of competition in your niche, keyword saturation, search engine algorithms, domain age, server response time and many other technical factors. Our aim is a competitive ranking. The proliferation of boilerplate sites in these industries means that the only chance of traffic is comprehensive, professional optimization, as we offer in our SEO Services.
35.3. SEO Commitment: The contract is in force for at least 6 months from the Contract Start Date, with an automatic renewal on the anniversary of the contract start date for subsequent months. After 6 months, your contract will stay in force on a month-to-month basis until you provide notice of cancellation.
35.3. SEO Performance Refunds: In the case where the Client’s web URL is not found on the first 5 pages of Google, Yahoo or Bing, NO REFUNDS will be made before 6 months because a usual organic optimization takes at least 6 months to show results. Indexing and ranking in search engines are subject to server uptime, server settings, DNS settings, website coding and/or optimized content remaining intact. These inconsistencies can be corrected but will delay indexing and ranking. The Service Provider will evaluate the results thoroughly before issuing any refunds. Seo performance refund is subject to the below conditions only: Major Search Engines: We guarantee your website (domain) will be found in at least first five pages of top search engines like Google, Bing or Yahoo (which combined represent 92% of all search engine traffic) using single or multiple keywords, phrases related to your website content, service(s) or product(s)! Your website will be found in the first five pages of at least one of the above major search engines.
38.1 We will generate a plan and quote for the production of your project, and this is sent to you as an email. By agreeing to these terms and conditions, you are accepting that you have read, and agree to, the plan and quote that is sent to you. Any plans and quotes are valid for thirty days from the date of submission.
38.2 The plan and quote we provide to you are only valid based on the information you give us is true. Any changes in circumstances or requirements may result in an amended plan and quote.
39.1 We will provide you with a draft, watermarked version(s) of your project file(s) once the post-production stage is complete. You will then be allowed five working days to notify us of any editorial changes or amendments you may require. Changes or amendments may only be editorial – those that affect the original brief are not included.
39.2 Any changes or amendments that affect the original brief may be subject to an additional charge.
39.3 Any changes or amendments that we are notified of after five days of the submission of the watermarked draft may be subject to an additional charge.
40.1 We reserve all rights to terminate our provision of service to you at any time. In the event of our cancellation, any deposit will be fully refunded.
40.2 Reasons for cancellation may include, but are not limited to, staff illness, short notice medical or family emergencies, or natural/human disasters/events.
41.1 You reserve all rights to terminate the provision of our services at any time.
41.2 In the event of any cancellation on your behalf, all deposit payments are non-refundable.
42.1 Invoice credit terms will be specified at the foot of the document. Payment is required before the credit term expires.
42.2 If payment is not received within the specified credit terms, we are entitled by statutory legislation to levy an additional charge of 8% over the Royal Bank Of Canada base rate of interest for the period that the invoice remains unpaid. This policy will be enforced with immediate effect once the credit term has expired.
42.3 When sending payment by cheque, you must allow for a reasonable time for the cheque to be delivered to our offices and paid into our bank account before the credit term expires. You will remain liable for late payment charges if the payment is not registered as cleared funds before the credit term expires.
43.1 These free services are only valid during COVID-19 crisis and are available for select businesses only. It is completely our (Gracious Marketing) decision to decide which business is eligible for these Free Services.
43.2 These services falls under the Website Design Services category and the terms & conditions for Website Design Services applies automatically for the Free Online Setup Services.
43.3 It does not include charges for Hosting, Domain, Content, Videos or Images needed for a website. Charges for these will be paid by the business itself.
43.4 It includes a very basic website (not more than 5 pages) just to connect businesses with customers.
43.5 We have full rights to cancel these services at any time or phase.
You agree that by using this website, you have read and accepted our Terms Of Use & Privacy Policy.
Welcome to our website (www.graciousmarketing.com / graciousmarketing.com / www.graciousmarketing.ca / graciousmarketing.ca) If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern this website’s relationship with you in relation to this website.
The term us or we refers to the owner of the website.
The term you refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Trademarks such as “Analytics” “AdWords” “Webmaster Tool” are owned by Google Inc. Other trademarks include “Yahoo” “Ask” “Bing” belongs to their respective owners. Throughout this website, you may find a logo, screenshots from Google and therefore, we would like to mention that:
© 2019 Google Inc. All rights reserved. Google and the Google Logo have registered trademarks of Google Inc.
© 2019 Google Inc, used with permission. Google and the Google logo are registered trademarks of Google Inc.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
When you upload, submit, store, send or receive content to or through our website/Services, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our website/services.
When permitted by law, we, and all our suppliers, vendors, partners, associates, staff, officers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of us, and our suppliers, vendors, partners, associates, staff, officers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).
In all cases, We, and our suppliers, vendors, partners, associates, staff, officers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
We use a double opt-in process to add interested website visitors to our email list. We follow this double opt-in process to confirm and then reconfirm by sending you a confirmation email to ensure that you are interested in receiving our newsletters and promotional emails. This is in alignment with the CAN-SPAM Act. All our newsletter and promotional email provide you with the option to unsubscribe. We should not be held liable for any damage arising in connection with the subscription service offered on this website. You will hold harmless, protect, and defend the Developer and its subcontractors from any claim or suit arising from the use of our subscription services.
We have established this Privacy Policy to explain how it protects and manages the personal information that it collects from you (the customer) online.
Consent for Collection, Use, and Disclosure
Your use of this site and/or your registration for products and services here constitute your consent to the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use this website.
Accountability
We collect, at the time of your registration and your sign-on to its web site, certain “personal information” (information that personally identifies you) including but not limited to your name, email address, and information about IP address. We take responsibility for your personal information to ensure compliance with the principles in this Privacy Policy.
Purposes for Collecting Personal Information
We collect and use personal information for the following Identified Purposes:
We also use personal information in an aggregate form (i.e., not individually attributable to you) for its business analysis, operational, marketing and other promotional purposes.
Limiting the Collection of Personal Information
We limit our collection of personal information to only that information which is necessary for the Identified Purposes. We do not direct our site to, nor does it knowingly collect any personal information from children under the age of thirteen.
When you visit our web site, a cookie may be placed on your computer or the cookie may be read if you have visited our web site previously. We use cookies to allow us to determine which products and services you have already purchased/interested in, so that we do not provide redundant information to you, If you choose to not have your browser accept cookies from our web site, you may not be able to view all the text on the screens, or to experience a personalized visit, or to subscribe to certain service and product offerings on our website.
Disclosure, Processing, and Retention
We do not sell, rent or disclose your personal information to anyone else.
Security Safeguards
We will use reasonable efforts to protect customers.