Terms of Service

TERM

The term of this contract shall begin on the date of the first payment, and shall continue for a indefinitely until either party terminates. Please note: Any cancellations requires 30 days prior notice in writing to avoid any further charges.

PAYMENT

In consideration for all services rendered by GetLeadsFast, LLC. Provider accepts all Major Credit Cards, including PayPal and Check Draft.
Payment Authorization: Client agrees that GetLeadsFast, LLC will automatically debit the payment method on file for any invoices and/or monthly fees in accordance with the agreement between the Parties. If client wishes to change or STOP payment method, Client must notify Provider in writing by the first of the month so that charges will not automatically be accrued against this credit card.

Additional Services/Expenses: Any service or product not outlined in the agreement between parties shall be constituted as additional services and will be billed at the current rate of the Provider.

Provider reserves the right to change pricing and/or payment amounts and/or schedules for any of its products/services. Provider will notify Client at least fifteen (30) days prior to changing the payment amounts or schedules.

If invoices are unpaid and overdue, a late payment charge at a rate of 5% per month will be added to any unpaid amount. Provider reserves the right to suspend clients account for non-payment.

WEBSITE DEVELOPMENT SERVICES

GetLeadsFast Web Design is a U.S. company and has been in the web design business since 2004. Your website will be designed by one of our Professional & Experienced Web Designers, who will do their best to deliver you the aesthetically pleasing website you deserve and at a cost you can afford. When you choose GetLeadsFast as your web design company you get a partner for your online success.

Website Development Services – Refund Policy

Our goal is to provide high quality, professional service to all of our clients. We provide Unlimited Revisions on the initial mockup so you are Guaranteed Satisfaction. Please note if you approve the Sample Mockup for Integration, no further changes will be made to the Composition Mockup.
Revisions to mockup/composition not allowed once approved.

Revisions to be completed within 48 Hours of Receipt.

No Monetary Funds will be given as Refund.

Client Responsibilities: The website shall incorporate the materials, if any, provided by Client including, without limitation, trade or service marks, images, illustrations, graphics, multimedia files and/or text (“Client Content”). Client will ensure all Client Content is supplied to Provider promptly and such content is accurate, up-to-date and final.

Provider’s Responsibilities: Upon Provider’s receipt of all Client Content, if any, and payment, GetLeadsFast shall use reasonable efforts to commence Services. The website shall incorporate certain materials provided by Provider which include, without limitation, computer software (in object or source code form), script, programming code, data, information, HTML code, trademarks, images, illustrations, graphics, multimedia files and/or text (“Provider’s Content”).

Revisions: Upon delivery of each Development Phase, Client shall have ten (10) days to review, and provide a written request for revisions. Upon receipt for such request for revisions, Provider shall use commercially reasonable efforts to implement the requested revisions to the Development Phase that are within the scope of the Specifications. Upon completion of such efforts, Client shall be deemed to have accepted the Development Phase.

Additional Revisions: If Client requests changes to the Development Phase that exceed the scope of Specifications, this will be treated as an “Additional Revision”. Provider shall prepare a written estimate for additional time and materials. If Client agrees to the written estimate, the Additional Revisions shall be incorporated by reference into the schedules set forth herein.

Acceptance: Client is required to accept each Development Phase in writing as complete, approved, and to its specification. All Client’s requests for revisions or changes to the website, Development Phase or any portion thereof shall be submitted to GetLeadsFast within ten (10) days of delivery to Client. Any delivery by GetLeadsFast which is not rejected within ten (10) days of delivery shall be deemed accepted.

Proprietary Rights: Client shall retain all rights, title and interest (including copyright and other proprietary or intellectual property rights) in the website, excluding Provider’s Content, (which may include images, graphic user interface, source and object code).
Client Files/Source Files: As courtesy to all clients, Provider shall retain a copy of Client Files and/or Source Files for a period of (90) ninety days from the date received/created. Upon reaching said time, Provider at its sole discretion, may remove files from its Servers and/or Backups at anytime and is not responsible for lost work.

WEB HOSTING SERVICES

Client is prohibited from: (i) disseminating or transmitting viruses, Trojan horses, worms, or any other malicious code or program; (ii) transmitting spam or send unsolicited bulk or commercial email using GetLeadsFast services; (iii) publishing, transmitting, storing or advertising defamatory, deceptive, abusive, offensive, pornographic or otherwise illegal materials using GetLeadsFast services; or (iv) engaging in any other activity deemed by Provider to be in conflict with the intent of this Agreement. Provider will use reasonable efforts to keep the website operational. Provider offers a 99% Up-Time Guarantee. However, from time to time the website may be inaccessible or inoperable, including but not limited to (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; (iii) causes beyond the control of Provider such as failure of telecommunications, network attacks, congestion, or other events which are not reasonably foreseeable by Provider. Use of web hosting services is at your sole risk. Backups are sole responsibility of Client. Provider’s web hosting server is backed up as a courtesy. However, Provider is not responsible for file and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on GetLeadsFast servers.

WEB HOSTING – STANDARD ACCOUNT

GetLeadsFast provides Standard Hosting services which do not include website updates or changes. Website changes/and or updates requested by Client shall be billed at Provider’s hourly rate. Technical and customer support consists only of email “help desk” support during normal business hours, Monday through Friday, 9 a.m. to 5 p.m. CST. Client is responsible for providing, updating, uploading and maintaining the website and its content.

WEB HOSTING W/ MAINTENANCE SERVICES

GetLeadsFast provides web hosting w/ maintenance. Maintenance is performed upon request by Client and provided on hourly basis per the Maintenance package chosen. Technical and customer support consists of telephone and email “help desk” support during normal business hours, Monday through Friday, 9 a.m. to 5 p.m. CST.

Maintenance shall mean minor alterations, repairs, and changes to the website, including but not limited to updating links, updating Meta tags, news / event updates, address/contact info updates, refreshing content and minor graphic alternations. Minor changes / maintenance does not include developing web forms, image editing, and/or the re-development of existing pages (changing structure) or adding additional pages or repairing Hacks to your website or updating any software of any kind. Managed Hosting only covers HTML pages.

DOMAIN NAME REGISTRATION SERVICES

Domain name registration is a separate and independent service from web hosting/web development. Provider will automatically renew Clients domain names that are set to auto-renew in the client’s account. However, Client accepts sole responsibility for monitoring and maintaining the status of their domain name, as well as payment of all applicable domain name registration and renewal fees. P Client is solely responsible for providing current, complete and accurate information; maintaining and updating contact information, including administrative and technical contact information, and monitoring the expiration date of the registration. Client may not reserve or register a name that directly or indirectly infringes upon the legal rights of a third party, breaches the terms and conditions of the third party registry, or use such domain name for any unlawful purpose whatsoever.

SEARCH ENGINE OPTIMIZATION SERVICES (SEO)

Search Engine Optimization (SEO) is a separate and independent service from web hosting/web development. GetLeadsFast shall provide to client on a monthly basis search engine optimization per the SEO Package selected. Provider shall generate a list of keywords to be optimized, build the respective website pages, and submit Client website to the major search engines, and conduct ongoing linking to link website to other websites. GetLeadsFast disclaims all warranties, expressed or implied and cannot guarantee the success of any marketing or optimization services. Provider does guarantee Top Page ranking on major search engines within 6 months.

Search Engine Optimization Services – Ranking in 6 Months or you get 6 Months Free!

Our goal is to rank your website top in the search engines. We provide high quality, professional service to all of our clients. If you’re website is not ranking in either Google, Yahoo, or Bing within 6 Months, we offer six (6) Months of SEO Free.
Guarantee only applies if GetLeadsFast has full FTP Site Access, and ability to make changes on demand.
Guarantee must be requested within six months of order date if ranking not achieved.
Guarantee does not apply to all keywords optimized.
Guarantee does not Apply if you are not on an active SEO Campaign
Guarantee does not apply to templated / framed in websites.
Guarantee only applicable to Search Engine Optimization Services
No Monetary Funds will be given as Refund.
Keyword selection: We use a mix of Google Keyword tool and Yahoo / Bing to select a mix of keywords. The keywords generated contain 30% high competitive, 40% moderately competitive and 40% low competitive keywords
SEO Guarantee: The SEO guarantee from us includes the top page ranking on either of the top 3 search engines (Google, Yahoo, Bing) for keywords that are researched and provided by us within 6 months.
Reporting: We provide professional reports as they are easily understandable and being a third party reported, client can be sure of authenticity.
Requirements: Since SEO is highly dynamic we have to make changes, we would appreciate the complete trust of our clients and therefore most clients are happy with almost any change made. However if required we provide links to newly updated pages. GetLeadsFast would require the FTP details in order to make any changes.
For the purposes of receiving professional SEO services, Client agrees to provide the following:

Administrative/backend access to the website for analysis of content and structure.
Permission to make changes for the purpose of optimization, and to communicate directly with any third parties, e.g., your web designer, if necessary.
Access to existing website traffic statistics for analysis and tracking purposes.
Authorization to use client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary by GetLeadsFast, LLC for search engine optimization purposes.

CONSULTING, COACHING AND/OR PLANNING SERVICES:

Provider agrees to act as consultant and to advise Client with respect to the Services specified herein. Such services are for business and instructional purposes only. The parties agree that any written or oral consultation provided by GetLeadsFast is advisory, involving Provider’s judgment based on education and experience, and that there is no guarantee of any particular result.

SERVICES BEYOND SCOPE OF PROJECT:

If Client requests changes to that exceed the scope of Specifications this will be treated as an “Additional Service”. GetLeadsFast shall prepare a written estimate for additional time and materials. If Client agrees to the written estimate, the Additional Service shall be incorporated by reference into the schedules herein.

AUTHORIZATION / COPYRIGHTS & TRADEMARKS / ASSIGNMENT:

Client is engaging with Provider for the specific purpose of developing and/or improving a web site. The Client hereby authorizes Provider to access any/all FTP accounts, Hosting Accounts, Files, and any other information relating to the development and design of Clients website. The Client also authorizes Provider to publicize their completed web site on, including but not limited to, web search engines, directories and indexes. The Client represents to Provider and unconditionally that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Provider for inclusion in web pages 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 Provider and its employees/subcontractors from any claim or suit arising from such use. Client may not assign this Agreement to another individual and/or company without the express written consent of Provider. Provider acknowledges and agrees that client owns the website and domain name.

TESTING AND TIMEFRAME REQUIREMENT:

Provider will make every good faith effort to test the web site thoroughly and make all necessary corrections as a result of such testing prior to handing over the web site to the Client. Provider shall send updates to Client requiring approval and within (10) ten days; the client shall either accept the completed stage or provide Provider written notice of any corrections to be made. Client’s timeframe for communication to Provider relating to an Approval of Clients web site must not exceed (10) ten days unless otherwise agreed upon with Provider. Provider has the right to suspend and/or terminate the web development process at any time if Client exceeds required timeframes for Approval and/or becomes unable to contact.

SUSPENSION / TERMINATION / CANCELLATION

Provider may suspend and/or terminate Client at any time for violating of terms of conditions and/or failure to comply with the required timeframes and/or If client at any time becomes (30) days delinquent on its payments). If a Clients web site is placed in suspension by the Provider. Client may re-activate the web site project for a fee of $150.00 (one-hundred and fifty dollars). If Clients web site project is suspended for more than (30) thirty consecutive days, the project shall be terminated by Provider, and no cash, credit to the credit card, or any other monetary refunds will be given. Provider may terminate this agreement immediately if Client violates any of the Rules / Policies and procedures of Provider or if client becomes insolvent, delinquent, or unable to pay its debts.

PROPRIETARY RIGHTS:

Client shall retain all rights, title and interest (including copyright, trademarks, and other proprietary or intellectual property rights) in all the work performed under this Agreement, excluding GetLeadsFast Content, images, graphic user interface, source and object code. To the extent that ownership of Provider Content does not automatically vest in Provider by virtue of this Agreement or otherwise, Client agrees to transfer and assign to Provider all rights, title and interest in Provider Content and/or protectable elements or derivative works thereof.

LICENSES:

Client grants to Provider a non-exclusive, worldwide, royalty-free license for the term of this Agreement to edit, modify, adapt, translate, exhibit, publish, transmit, copy, prepare derivative works from, distribute, perform, display and use any Client website code in connection with the website and/or Provider’s performance of this Agreement. Provider grants to Client a limited, non-transferable, non-exclusive, worldwide license to copy, display on the Internet, and use for Client’s business purposes Provider’s website code.

EXPENSES AND OTHER COSTS:

Provider will contact Client for approval before commencing any additional work. Once the additional charges are approved, Client shall reimburse Provider for any out-of-pocket expenses that are reasonably incurred by Provider in performance of this Agreement. Additionally, Client is responsible for any and all materials, equipment, supplies, and Outsourced Service costs which will be invoiced separately and must be paid for by Client prior to the commencement of any Service.

CONFIDENTIAL INFORMATION:

In providing services to the Client pursuant to this Agreement, Provider may acquire information that pertains to the Client’s products, processes, equipment, programs, developments, or plans and that is both (i) disclosed or made known by the Client to Provider and (ii) identified as “proprietary” by the Client at any time (“Proprietary Information”). Provider agrees not to disclose any Proprietary Information to third parties or to use any Proprietary Information for any purpose other than performance of services pursuant to this Agreement, without prior written consent of the Client. Proprietary Information does not include information that: (i) is or later becomes available to the public through no breach of this Agreement by Provider; (ii) is obtained by Provider from a third party who had the legal right to disclose the information to Provider; (iii) is already in the possession of Provider on the date this Agreement becomes effective; or (iv) is required to be disclosed by law, government regulation, or court order.

LIMITED LIABILITY:

IN NO EVENT SHALL PROVIDER BE LIABLE, IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR PERFORMANCE OF ANY RELATED SERVICES, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM AGGREGATE AMOUNT OF MONEY DAMAGES FOR WHICH Provider MAY BE LIABLE TO CLIENT UNDER THIS AGREEMENT, RESULTING FROM ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY CLIENT TO PROVIDER UNDER THIS AGREEMENT.

INDEMNIFICATION:

The Client hereby releases and agrees to hold harmless, defend and indemnify Provider, from any and all claims, actions, proceedings, suits, liabilities, damages (actual, consequential, or incidental), settlements, penalties, fines, costs or expenses (including without limitation, reasonable attorney’s fees and other litigation expenses) of every kind, whether known or unknown, incurred by the Client arising out of this Agreement.

CUSTOMER’S WARRANTY:

Client represents and warrants to Provider that (i) Client has the right and authority to enter into and perform its obligations under this Agreement; (ii) Client Content does not and shall not contain any content, material, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and (iii) Client owns the Client Content and all proprietary or intellectual property rights therein, or has express written authorization from the owner to copy, use and display the Client Content on and within the website.

DISCLAIMER OF WARRANTY:

Provider does not warrant the operation of web pages will be uninterrupted or error free. The entire risk as to the quality and performance of the Web Pages and Web Site is with the client. In no event will Provider be liable for any damages, including any lost profits, lost savings, or other incidental or special damages arising out of the operation of or inability to operate these web pages or web site, even if Provider has been advised of the possibility of such damages.

DEFAULT:

If Client fails to pay any Service or other amount specified in this Agreement within ten (10) days after payment is due, or if Client fails to perform or observe any other provision of this Agreement, Provider shall have the right to exercise any one or more the following remedies: (i) to refuse to provide further Services until such default is fully cured; (ii) to file a lawsuit to recover Service charges due and payable; (iii) to terminate this Agreement; (iv) to pursue any other remedy at law or in equity. If Provider elects to terminate this Agreement due to Client’s default, Client shall be and remain liable for the full performance of all obligations pursuant to this Agreement

TERM AND TERMINATION:

The term of the agreement shall begin on execution of this Agreement and continue for a period specified in the schedules set forth herein. If Client terminates this Agreement before completion of Services, Client shall pay for all work performed through the date of termination, plus all associated expenses and costs.

MISCELLANEOUS:

Website Backup: Prior to implementing any SEO pursuant to this Agreement, Provider clients agree to completely backup client’s website(s) to mitigate any potential down-time, damages or other losses that may occur if SEO implementation interferes with the normal operation of Provider client site. In such an event, Provider Client’s agree to bear the cost and expense of restoring its website.

ENTIRE AGREEMENT:

This Agreement contains the entire and only agreement between the parties, and any and all statements and representations, written and oral, including previous correspondence and agreements between the parties hereto are merged herein.

Provider and its employees, subcontractors, and other representatives are providing the services under this Agreement as independent contractors.

A waiver of one or more breaches of any clause of this Agreement shall not act to waive any other breach, whether of the same or different clauses.

This Agreement may not be modified or terminated except as provided herein or by other written agreement.
Provider, at its sole discretion, may outsource or assign any Service requested by Client, in whole or in part to ensure timely completion of the project. Client, however, shall not assign any of its rights or obligations hereunder without the prior written consent of Provider, and any purported assignment without such prior written consent shall be null and void and of no force and effect.

Provider shall be excused from performance to the extent that performance is prevented, delayed, or obstructed by causes beyond Provider’s reasonable control, including delays in performance by the Client, acts of nature (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, power or essential services.

If any provision of this Agreement is invalid, such provision shall be considered deleted from this Agreement and shall not invalidate the remaining provisions.

The prevailing party shall be entitled to reasonable attorney’s fees and costs.

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Missouri. Venue shall be in Christian County, Missouri.