Description of types of services rendered and expectations:
SEO: “SEO” is the process of search engine optimization. While we do put in a wholehearted effort and do our best to achieve results for our clients in a manner which respects the majority of search engine rules the internet marketing industry is a rapidly and constantly changing one. Therefore, the client understands and agrees that 3 Apples Marketing cannot be held legally or otherwise responsible for failure to achieve desired rankings. This provision shall be void if a superseding contract has been made to the contrary and is signed by all parties involved. For more detailed information on why we are unable to provide refunds for SEO services, please view our refund policy page.
Micro Site Policy
A “Micro-Site” is considered to be a relatively small website in terms of the number of pages it has. Micro-sites generally have several web pages that offer highly targeted content and link back to the client’s website. The goal of a micro-site is to attract potential customers for the client and or provide quality backlinks to the client’s site.
Client hereby understands and agrees that unless otherwise explicitly stated “Micro-Sites” shall remain the sole property of 3 Apples Marketing. Micro-sites are designed with the sole purpose of assisting in the promotion of the client(s) website. When a micro-site is purchased that does NOT give client the rights to the domain name, access to the web host or rights to the design. Domain names purchased for this purpose shall also be subject to our Domain name acquisition policy.
PPC Management policy:
3 Apples Marketing cannot be held liable for any changes client makes to clients account based on any written documentation, recommendations over the phone, in person, or any other form of communication whether expressed or implied. Any changes made to a client’s account by 3 Apples Marketing have been performed in Good Faith with the intention of helping the client meet their objective(s). As such 3 Apples Marketing cannot be held responsible for any negative impact including but, not limited to monetary loss as a result of modifications made to client’s account by 3 Apples Marketing and or its affiliates and or its partners and or its employees and or as a result of taking advice from 3 Apples Marketing.
Domain name acquisition policy:
Client hereby agrees and understands that unless otherwise explicitly stated in writing all domain names acquired on behalf of clients shall remain the property of 3 Apples Marketing. Client also agrees that 3 Apples Marketing is under no obligation to surrender a domain name for any reason even if such domain name contains the client’s personal or company name. Client agrees that at 3 Apples Marketing’s option we may rent, lease, give-away, transfer ownership, or offer for sale any domain name that is under our control at any time. In the event the sale of a domain conflicts with a client’s existing service agreement with 3 Apples Marketing we may at our sole discretion provide a similar service by using a comparable domain name. Client agrees that it shall be 3 Apples Marketing’s sole discretion as to what constitutes a comparable domain client agrees and trusts 3 Apples Marketing’s decision.
Client releases 3 Apples Marketing of any liabilities as a result of receiving or using the graphical services. Client hereby agrees to hold 3 Apples Marketing and any person whom has been hired by 3 Apples Marketing as an employee or independent contractor free from any liabilities with the exception as to where it may be prohibited by law.
Digital Media Buying and Traffic Services:
3 Apples Marketing works hard to identify and work with quality traffic service providers. 3 Apples Marketing believes in good faith that the client will receive what they have purchased. However, client agrees and understands that traffic services are typically provided by 3rd party companies client agrees to hold 3 Apples Marketing free of any and all liabilities resulting from inability to deliver traffic, traffic quality, or failure to meet client requirements. Due to the nature of traffic services this service is non refundable. 3 Apples Marketing reserves the right to change the traffic provider at our sole discretion.
Website Errors: All visitors will be delivered to the URL specified on the order placed by Client. In the event of an error with the submitted URL, or unavailability of the server or network this URL points to, Client will not hold 3 Apples Marketing and or its partner sites responsible for the error. Any visitors delivered to Client’s URL reflecting the error will not be credited or entitled to a refund. In the event of a website error, Client may contact 3 Apples Marketing and inquire as to the posibility of pausing their campaign however as our partner networks operate differently client understands that the ability to pause a campaign may not be available.
Performance of Advertising: Client understands that 3 Apples Marketing does not guarantee sales or leads as a result of their order and will not issue a refund if none are achieved. No guarantees are made of your website’s click-through or conversion rate.
Services Rendered in Advance & Post Billing:
In 3 Apples Marketing’s sole discretion we may elect to allow a customer to pay following the delivery of a good(s) or a service(s) being rendered and or executed. As a result of the nature of digital goods and services pricing is sometimes difficult to estimate or calculate until after a service is completed. In this situation the client agrees to pay the fees that 3 Apples Marketing determines appropriate for the good(s) and or service(s) rendered and or provided.
Client agrees that any and all legal disputes are to be held in the legal district of 3 Apples Marketing’s state of incorporation or at 3 Apples Marketing’s option a more convenient place as determined by 3 Apples Marketing.
Connecticut law applies. In the event of default in payment of any amount due, Applicant agrees that seller shall be entitled to all reasonable costs of collection, including agency and attorney’s fee, and court costs incurred and permitted by laws governing these transactions shall be the obligation of and paid by the Applicant’s bank account for the amount of the check plus the maximum fee allowed by law.
3 Apples Marketing does not always include taxes in prices due to the nature of our business. Therefore, the client is responsible for paying any and all sales or other taxes incurred through the process of doing business with 3 Apples Marketing.
Due to the nature of digital goods and services client agrees that no refunds will be made or are required to be issued except where such denial of refund is prohibited by law. In the event of a refund such refund will be limited to a maximum of the initial good or service provided less any fees incurred by 3 Apples Marketing. All fees for products and services are rounded to the nearest whole dollar or as specified by 3 Apples Marketing. This provision shall be void if a superseding contract has been made to the contrary and is signed by all parties involved.
Client hereby acknowledges and agrees to all phone calls being recorded with or without notice. All recordings may be used for any lawful purpose(s).
- Client agrees that they may or may not be notified in the event of an update to these terms of service or other legally binding agreements. Client agrees that it is the client’s responsibility to periodically check for changes or request notification of any changes that may affect them.
- Client agrees not to use services for illegal or inappropriate means.
- Client agrees to hold 3 Apples Marketing free from any and all damages.
- Client agrees that 3 Apples Marketing, nor any person under the authority of 3 Apples Marketing. may be held liable for spelling errors contained in goods and or services provided to client.
- Client agrees that any and all damages that 3 Apples Marketing may be liable for are limited to the original value of the product and or service.
- Client agrees to pay in the currency of USD (United States Dollar) unless otherwise agreed upon prior to payment.
System Resource Usage Policy:*
If 3 Apples Marketing determines that a customer’s account is utilizing an unacceptable amount of system resources, 3 Apples Marketing may temporarily deactivate the account in question. If 3 Apples Marketing’s staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to find another web host. Please note that such account suspension / termination typically only occurs in extreme cases. 3 Apples Marketing will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analysed individually. At any and all times all data on clients account and passing in and out of the portion of the server being used by the client must be lawful and not violate any other prevision in this document. Such violation is grounds for termination of services without refund.
Failure to Follow Policies:*
Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to 3 Apples Marketing’s discretion). Any accounts and/or servers contained within 3 Apples Marketing’s network must adhere to the above policies. We reserve the right to remove any account without prior notice. If we deactivate your account for violating our policy, you will forfeit your rights to a refund and no refund will be given unless at our sole discretion we determine otherwise. Client acknowledges and agrees that there are no refunds for advanced payment. Our normal policy is a warning first, and account deactivation on the second offence, but no warning is required. Termination on the first offence will depend on the severity of such offence as to be determined by 3 Apples Marketing. Client also agrees to abide by all terms of service as set forth by our hosting provider www.Site5.com and or any other web hosting company we use to provide you with services.
Remote Data Storage Policy:*
At certain times where 3 Apples Marketing sees fit we may offload some or all bandwidth usage, disk storage, and or all other hosting services to a third party. In such event client automatically agrees to be bound by new host’s terms of service and policies as set forth by them or by 3 Apples Marketing. Typically such data offsetting is done in the event of high traffic volumes, website performance optimization, security breaches, etc.
* Respective section as denoted by the asterisk (*) symbol applies to customers who are using web hosting services provided by 3 Apples Marketing, Site5, LLC or other 3rd party companies whom 3 Apples Marketing does business with.
- Client must pay all invoices within 14 days of notice issuance. Client also agrees that a partial or complete suspension of goods and or services may be put into effect for failure to pay on time. Please note the 14 days is NOT considered “business days” which would be Monday through Friday days rather according to this policy a day consists of 24 hours.
- Client understands and accepts that failure to pay all invoices and or fees for goods and or services rendered may result in partial or complete account and or service suspension. Additionally, all free service credits, vouchers, and discounts are subject to immediate termination and shall no longer be valid or redeemable unless otherwise expressly stated in writing. Client understands and agrees that this shall take place without notice for failure to make payment within the specified period according to this agreement. 3 Apples Marketing reserves the right to reinstate previous vouchers, discounts, and coupons at our sole discretion but, shall bare no obligation to do so.
- Client agrees and accepts that failure to pay money owed to 3 Apples Marketing may and will likely result in legal action against client. This includes but, is not limited to filing a claim against client to a debt collection agency to recover money owed to us by client.
A charge-back, payment dispute filing, and or any other form of payment reversal without the written permission of 3 Apples Marketing shall constitute a breach of contract. At which point client waives all rights to a refund whether in part or in whole and no monies will be required to be refunded except where it may be prohibited by law.