TERMS OF SERVICE
Digital marketing services are billed in arrears and on Net-15 terms.
If Client engages in Call Tracking services, the following terms apply:
a) Client acknowledges and agrees that, in connection with Blue Corona’s Call Tracking, Call Tagging, Lead Tracking and Call Recording Services, calls that are placed using designated Blue Corona’s local and toll-free numbers (“Blue Corona Numbers”) are electronically recorded (Client can opt NOT to have phone calls tracked and/or recorded) and that callers to Blue Corona Numbers will be automatically advised that each call is subject to recording and monitoring prior to the connection (the “Recorded Call Message”). As a condition of usage, Client represents and warrants that it has reviewed the legality of recording, monitoring, storing and divulging telephone calls and that the Client shall use the Services in accordance with all applicable laws and regulations. If the Client is a “Health Care Provider”, as defined in the Health Insurance Portability and Accountability Act (“HIPAA”), Client is solely responsible for the use of the Services in compliance with Client’s obligations under HIPAA related to the protection of individually identifiable health information.
b) Client agrees and acknowledges that it is solely responsible for, and that Blue Corona shall have no liability with respect to (1) the legality of recording, monitoring, storing and divulging telephone calls and (2) the legality of the language used in the Recorded Call Message.
c) Client agrees and acknowledges that it understands that Blue Corona may obtain revocable, non-exclusive licenses from third party Vendors to use Vendors’ voice recording and call tracking platform and services (collectively, the “Platform”). Client agrees and acknowledges that the use of the Platform is subject to the Vendors terms and conditions and Blue Corona’s good standing with the Vendors, which may be terminated at any time if the Vendors terminate service with Blue Corona. Client also agrees to defend, indemnify and hold harmless Blue Corona and Vendors, and each of their officers, shareholders, directors, employees and agents from any and all claims, liabilities, demands, suits and actions, proceedings, and/or damages, related liabilities, obligations, losses, fines, judgments, settlements, charges, expenses (including attorneys’ fees and accountants fees and disbursements) that arise from or relate to the use or misuse of the Platform by the Client or any intentional or willful conduct or negligence of any employee, agent or subcontractor of the Client.
d) Blue Corona and Vendor are not liable or responsible for any failure, outage, or other circumstances that may cause any or all of Client’s telephone calls not to be received, recorded, monitored, stored, or divulged as planned, including, but not limited to, privacy-rights liability, consequential damages, lost profits, or loss of any other interest that may occur directly or indirectly.
SEARCH ENGINE OPTIMIZATION (SEO) SERVICES:
If Client engages in Search Engine Optimization services, the following terms apply:
a) Representations and Warranties. Blue Corona, Inc. agrees to provide Client with Search Engine Optimization and Reporting Services (hereinafter referred to as “SEO”) as described in this agreement. Client understands that some recommendations may not be possible depending on the limitations of the Client’s website platform and/or Content Management System (CMS). Client authorizes Blue Corona to use the specific keywords and/or phrases for developing and improving the ranking of the Client’s site(s), http://www.clientcompany.com/ in the search engines (Google, Yahoo and Bing).
b) Assignment of Specific Rights. For the purposes of receiving initial and/or ongoing professional SEO services, Client agrees to provide the following:
- Give Blue Corona, Inc. FTP and other back-end access to the website for uploading new web pages, and making changes on the web pages for the purpose of on-page optimization
- Full access to existing website traffic statistics for analysis and tracking purposes
- Permission to use client official email address for the purposes of requesting links (something like email@example.com )
- Client authorizes Blue Corona, Inc. use of all client’s logos, trademarks, website images, content etc., for use in creating informational pages and any other uses as deemed necessary by Blue Corona, Inc. for search engine optimization and social media optimization
c) Disclaimer. Client acknowledges the following with respect to services from Blue Corona, Inc.:
- Blue Corona, Inc. has no control over the policies and ranking algorithms of search engines with respect to the type of sites and/or content that they accept now or in the future
- Client’s website may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory
- Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, Blue Corona, Inc. does not guarantee No.1 positions or consistent top 10 positions for any particular keyword, phrase, or search term
- Blue Corona, Inc. assumes no liability for ranking, traffic, indexing issues
- A website search engine ranking can fluctuate any day, any time because of ongoing changes in the ranking algorithm, SEO efforts made by the competitors or both
- Blue Corona, Inc. makes no guarantee/warranty of project timeline or added expenses (like charging additional fees, etc.) if the SEO work is destroyed either wholly or in parts, either knowingly or unknowingly by any party other than Blue Corona, Inc. or without the prior consultation of Blue Corona, Inc.
- SEO work is considered to be destroyed either wholly or in parts if the following changes (but are not limited to) are made to a website by any party other than Blue Corona, Inc. or without first consulting Blue Corona, Inc.:
i. Changes in the file(s) or folder(s) name
ii. Putting a file in a different folder or putting a folder in another folder or sub domain
iii. Making changes in the head section of a document like changing the text in the title tag, removing certain HTML tags required for site authentication
iv. Deleting a link, folder, file, web document or sub domain
v. Modifying text on a web document like changing the formatting of the text or repositioning the text
vi. Removing analytics code from the web page which is used to track website traffic
vii. Linking out to any website without prior consultation of the Blue Corona, Inc.
viii. Adding a file, folder, web document, widget or any functionality
ix. Renaming URLs of existing web documents
x. Taking down the website or part of the website
xi. Renaming, re-locating, adding or removing any file, folder or sub domain on a web server including web documents, robots.txt, .htacess file, sitemap.xml, rss.xml, etc.
xii. Changes in the site architecture
xiii. Changes in the anchor text
xiv. Making any changes on an optimized web page
PAY-PER-CLICK (PPC) SERVICES:
If Client engages in Pay-Per-Click services, the following terms apply:
a) Description. The Pay-Per-Click Program is a program whereby you may place a bid for advertising (“Pay-Per-Click Advertising”) appearing on Program Sites (defined below) in response to searches or selections by or characteristics of end users.
b) Assignment of Specific Rights. You authorize Blue Corona, Inc. to place (and to arrange for third parties to place) Pay-Per-Click (PPC) Advertising on Electronic Platforms, such as Google Ads, Bing Ads and on other sites we own and on third party Program Sites, and designate us your agent to do so, and to allocate the Pay-Per-Click Advertising among Program Sites at our discretion. “Program Sites” means electronic sites and applications that are delivered to end users through any transport means and that meet our Pay-Per-Click Program criteria (which may change at any time without notice). We may modify the content of your Pay-Per-Click Advertising or your category, category keyword, or other selections to conform to the requirements of, or to utilize the features of, a Program Site. We may modify, expand, or utilize data within, augment content, or add links to, your Ad content, website, business profile, or other materials you provide to develop searchable and user value-add data that may appear in response to searches by end users. If you have multiple advertising campaigns (e.g. in different categories), we may select which campaign will appear in response to a business name search or other search where the category is not clearly defined. We may optimize your advertising campaigns by adding relevant categories or keywords to your Pay-Per-Click Advertising.
c) Disclaimer. You acknowledge that the bidding rules and rate structures may vary by Program Site or package you purchase and may change at any time. For example, a minimum bid or a minimum monthly budget may be required.
d) BLUE CORONA, INC. DOES NOT WARRANT (I) THE NUMBER OF CALLS, CLICKS, OR IMPRESSIONS TO BE GENERATED BY THE PAY-PER-CLICK ADVERTISING; (II) THAT ANY CALL, CLICK, OR IMPRESSION REPRESENTS A LEGITIMATE INQUIRY OR INDICATES ANY PROBABILITY OF A PURCHASE TRANSACTION; (III) THAT THE PAY-PER-CLICK ADVERTISING WILL APPEAR IN RESPONSE TO A PARTICULAR QUERY; (IV) THE SPECIFIC PLACEMENT OF YOUR PAY-PER-CLICK ADVERTISING RELATIVE TO ADVERTISING OF OTHER BIDDERS OR ADVERTISERS; (V) THAT A BID, OR CHANGE TO OR WITHDRAWAL OF A BID, WILL BE IMPLEMENTED WITHIN A SPECIFIC TIMEFRAME; OR (VI) THE ACCURACY OR CURRENCY OF BIDS OF OTHER BIDDERS. CLIENT ACKNOWLEDGES THAT BID PRICE IS NOT THE SOLE FACTOR DETERMINING PLACEMENT OF PAY-PER-CLICK ADVERTISING. CLIENT FURTHER ACKNOWLEDGES THAT THE DISPLAY OF PAY-PER-CLICK PROGRAM INFORMATION, INCLUDING, WITHOUT LIMITATION, CLIENT BIDS, BIDS OF OTHER BIDDERS, AND CLICK COUNTS WILL NOT OCCUR IN “REAL TIME” AND WILL BE DELAYED DUE TO SYSTEM CONSTRAINTS, INTERNET LATENCY, AND OTHER POSSIBLE FACTORS. BLUE CORONA, INC. WILL HAVE NO LIABILITY IN CONNECTION WITH THE FUNCTIONALITY OR CONTENT OF ANY PROGRAM SITE BLUE CORONA DOES NOT OWN.
e) Payment. Client agrees to pay variable charges determined by multiplying the applicable bid as adjusted in accordance with these Additional Terms (the “Bid”) by the number of times an end user clicks on the Pay-Per-Click advertising appearing on a Program Site (that is accessed via the internet) based on that Bid (each, a “Click”). Client agrees that the reports Blue Corona, Inc. provides will be the sole and definitive measure of the number of Clicks and Impressions.
f) Client Responsibilities. Client agrees to maintain a working email address and to notify Blue Corona, Inc. immediately of any changes to the email address, during the period covered by the Advertising Agreement. Blue Corona, Inc. reserves the right to change the terms on which we provide the Pay-Per-Click Program and may change these terms and conditions by providing you notice via e-mail or by posting such changes online on Bluecorona.com. Client’s continued participation in the Pay-Per-Click Program following such changes will constitute consent to such changes. In addition, Blue Corona, Inc. reserves the right to terminate the Pay-Per-Click Program at any time for any reason.
g) All platform terms of service apply.
WEBSITE DESIGN & DEVELOPMENT:
If Client engages website design and development services, the following terms apply:
a) Payment Schedule
To initiate design and development, one third of the total price will be invoiced on Net-15 terms upon execution of this SOW. The second third is due on Net-15 terms 30 days after the execution of the SOW. The final third is due on Net-15 terms 60 days after the execution of this SOW. Blue Corona, Inc. prefers payment by credit card (and we accept all major credit cards), but will also accept payment by check.
b) Website Development Process
Blue Corona will create a sitemap organization and homepage mockup of the new website design. An online presentation meeting will be scheduled to review both the sitemap and homepage mockup. The Client shall have the ability to make up to two sets of revision suggestions to Blue Corona to the design elements: logo placement/usage, colors, calls-to-action and homepage images/icons; provided that the aggregate time spent by Blue Corona implementing Client’s revisions will not exceed five (5) hours.
Website coding will begin once Client signs off on the design. Blue Corona will code the website onto the Content Management System (CMS). Website copy will be imported into the CMS on a Blue Corona development server. URL optimization work will be completed during the content importing phase. Blue Corona will provide the Client with a link to the server to review and approve copy, and the prototype and the final website will be accessible to Client throughout the development of the website. All additional changes will be billed at Blue Corona’s hourly rates listed. Client will procure a hosting account or Blue Corona can provide monthly hosting for a fee. Blue Corona will perform final testing and quality assurance checks. Once Client has provided final approval for the website, Blue Corona will set it live.
c) Additional Services
To the extent that Client requests services that are outside of the scope of the website design and development SOW, Blue Corona agrees to provide such services at the following hourly rate (unless otherwise agreed in writing by the parties); provided that Blue Corona will not commence, and will not invoice Client for, any such services without Client’s prior written consent: Additional services: $125 per hour. In the event that Client desires any services not listed in this SOW, Client and Blue Corona will enter into a Change Order or a separate SOW to cover any such additional work.
Designing a website to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. A website designed by Blue Corona is intended to work in the following browsers current version at the time of website launch: Mozilla/Firefox, Chrome, Safari, and Microsoft Edge.
Client unconditionally guarantees that any elements of text, graphics, photos, videos, music, designs, trademarks, or other artwork furnished to Blue Corona for inclusion in the project 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, indemnify and defend Blue Corona from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
Blue Corona reserves the right to use any websites, videos, or other designs created by Blue Corona in our portfolio.
If Client engages Blue Corona to host the website, the following terms apply:
Payment Schedule. The full payment will be auto-charged to the credit card on file each month. Termination of security and webmaster services must be requested with written notice 30 days in advance halt any future payments and services. The first payment must be received prior to the start of any services provided. Blue Corona, Inc. prefers payment by credit card (and we accept all major credit cards), but will also accept payment by check.
If Client engages Blue Corona to host the website with WP Engine, all of WP Engine’s terms and conditions apply: https://wpengine.com/legal/terms-of-service/
WEBSITE MAINTENANCE & SECURITY:
If Client engages in website maintenance, security, or monitoring services, the following terms apply:
Client understands that no service is capable of guaranteeing absolute protection from any security breach.
Client acknowledges and understands that Blue Corona does NOT guarantee:
- That all security and maintenance updates that are released for content management systems and plugins can or should be applied to Client’s site
- That all updates are flawless and free from short-term side effects (as some updates do require minor maintenance in order to apply them for ongoing security)
- That there will never be service interruptions during the process of applying the mentioned updates (in fact, there are usually brief maintenance periods while the updates are installed)
- That Blue Corona will be able to overcome any or all future hacking or other security breach interferences
SSL INTEGRATION (HTTPS):
If Client engages Blue Corona to make website secure (via SSL integration), the following terms apply:
- If the Client’s site includes external or third-party scripts linked from a non-secure site, the Client’s site may not show a “green lock” icon after implementation of the SSL Certificate is complete. Blue Corona is not responsible for the appearance of the “green lock” icon if these third-party scripts are present. After installation of the SSL Certificate, the Client’s site may show a “yellow lock” icon as a result.
- Future Updates. Although the server-side redirect script will always force all page URLs to be HTTPS on any new page added, there is a chance that future additions to the content, links or files on a specific page of the site may result in the browser deeming that page unsecure because of unsecure items that were added. Blue Corona can advise how to make updates moving forward, but cannot prevent future updates made by other site administrators from making a page appear to be suddenly unsecured. Depending on the effort level required for any new updates, there may be a need for a separate agreement.
BLUE CORONA CHAT:
If Client engages in Blue Corona Chat, Zyratalk’s terms of service apply: https://www.zyratalk.com/terms
SOCIAL MEDIA SERVICES:
If Client engages in social media services, the following terms apply:
For the purposes of receiving ongoing professional Social Media Management services, Client agrees to the following:
- Provide full administrative access to existing Social Media accounts.
- Provide full access to existing Social Media statistics for analysis and tracking purposes.
- Client authorizes Blue Corona Inc. use of all of Client’s logos, trademarks, website images, content etc., for use in creating Social Media content and any other uses as deemed necessary by Blue Corona.
- Terms of the Social Media websites apply.
Client acknowledges the following with respect to services from Blue Corona: Blue Corona has no control over the advertising and/or posting policies and ranking algorithms of social media websites with respect to the type of sites and/or content that they accept now or in the future. Client may be excluded from any social media website at any time at the sole discretion of the social media website.
If Client engages in Nextdoor advertising, Nextdoor’s advertising terms of service apply and can be found here: https://help.nextdoor.com/s/article/nextdoors-advertising-terms?language=en_US
If Client engages in Smart Selling, the following terms apply:
Blue Corona and client will agree upon a recurring training schedule. Client understands that the agreed upon schedule is their time slot. If one of the parties cancels, we will do our best to reschedule the training. This could include combining two sessions into a 1-hour long training session. If we cannot reschedule, we will send an activity for the CSR to complete.
Client agrees to pay full price for cancellations that cannot be rescheduled.
If the CSR quits, there will be no charge.
If a training falls on a day that the Blue Corona office is closed, the training will not take place. The next training will be during the next training timeslot in the reoccurring schedule.
The information on this website is for informational purposes only; it is deemed accurate but not guaranteed. It does not constitute professional advice. All information is subject to change at any time without notice. Contact us for complete details.