$5k VIP TERMS OF SERVICE
VIP Gold Terms Of Service
last updated 1/13/2017
This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions on which you (the “Client”) has engaged ZFunnels to perform certain Services as outlined herein. This is a legally binding agreement between you and ZFunnels. By becoming a ZFunnels VIP Client, you agree to be legally bound by the terms and conditions set forth in this Agreement. The “Effective Date” of this Agreement shall be the date on which you pay your initial invoice for Services to ZFunnels.
There are multiple services included in this package. Below you will find the scope and details of each service included. Any services not listed on this page, are not included. Should you wish to add additional services, they will be discounted and quoted to you on an individual basis. By making the initial payment to ZFunnels, you are agreeing to all terms listed below.
We have outlined below what is included in the ZFunnels VIP Gold Package and what is required of the Client in order for this partnership to be successful.
1.1 The term of this Agreement shall be 12 months from the date of the initial payment for services. After the initial 12 months, the Agreement shall be considered month-to-month and may be cancelled at any time. A 30 day notice is appreciated but not required.
2.1 Search Engine Optimization Corporate Level 10 (SEO)
2.2 ZFunnels Responsibilites:
- Optimization of your home page plus fifty additional pages targeting up to 500 keyword phrases that ZFunnels and client collectively agree on
- Any Additional pages needed to properly promote the phrases will be added at no additional charge
- Keyword research and analysis to determine the best phrases to target
- Unique on-page content to compliment newly written HTML coding
- Traffic statistics available for performance monitoring
- Build, optimize and host ten 2-page micro sites for strategic placement
- Monthly monitoring of your site to ensure that it stays at 90-100% compliant with current search engine criteria
- Unlimited consultations with our CEO upon request
- Up to 12 press releases written and submitted over the course of one year upon request
- Guaranteed multiple listings on the front page of the major search engines within 90 days of uploading the optimization
- If it is determined that your site has been compromised (ie: virus, hacked, etc.), your placement will take longer to obtain, and may require further action to be taken.
2.3 Client Responsibilities:
- Provide ZFunnels with direction and focus of the campaign
- Provide ZFunnels with FTP access if ZFunnels is to upload the optimization
- Be willing to adjust design elements of website that may hinder full optimization (ie: website format/platform, duplicate content, images, call-to-action, etc.). Client agrees to make recommended changes, or pay a nominal fee to ZFunnels to make said changes.
2.4 SEO Default:
2.5 If ZFunnels fails to perform the optimization within 30 business days after the initial payment is made and questionnaire received, Client may request a refund.
2.6 Client understands that if his website has been compromised, this will likely hinder the optimization process and results. If the compromise is determined too great, other actions may need to be taken. Client agrees to make recommended changes to website. If they are not changed, the Guarantee is void.
2.7 If Client fails to pay any monthly payment within 10 days of its due date, ZFunnels may terminate their on-going optimization and/or marketing service. Client understands that if his service has been terminated, his ranking in the search engines will fall.
2.8 Client agrees not to overwrite the optimization performed by ZFunnels. If this occurs, the search engine placement guarantee is void and there may be a charge of up to $50.00 per page to re-optimize the website
2.9 Paid Advertising
2.10 ZFunnels shall research the best paid advertising avenue to suit the Client’s needs and goals. This may be Facebook ads, Google Adwords or some other platform that shall be mutually agreed upon prior to advertising. At it’s discretion, ZFunnels may have Google, Facebook etc. directly bill the Client’s credit card. This advertising expense shall not be duplicated in ZFunnels’ monthly fees to Client.
2.11 The amount invested in paid advertising may be adjusted by Client at any time. The monthly management fee shall increase accordingly as stated below:
- Advertising spend up to $4,999 per month shall be included in original Agreement pricing.
- Advertising spend $5,000 to $9,999 management fee will increase by $700 per month over original Agreement
- Advertising spend $10,000 to $14,999 management fee will increase by $1,000 per month over original Agreement
- Advertising spend over $15,000 per month shall be discussed and mutually agreed upon with Client
3. ZFunnels OBLIGATIONS
3.1 ZFunnels will provide Services to Client in accordance with ZFunnels’ standard policies and procedures. ZFunnels reserves the right to reject Clients for any other reason, in ZFunnels’ sole discretion. ZFunnels will be responsible for all aspects of providing the Services.
3.2 All ZFunnels, policies and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and ZFunnels may change its rules, policies and operating procedures from time to time in its sole discretion.
4. FEES AND PAYMENT
4.1 All fees for Services provided to Client are due and payable in full, in advance of provision of Services. A valid credit card for monthly payment of fees shall remain securely on file to cover monthly recurring charges for service. The fee for the VIP Gold Program shall be $6,000.00 per month unless otherwise stated in writing by ZFunnels, of which $1,250.00 per month shall be for mandatory advertising spend and may or may not be paid directly to ZFunnels.
4.2 Initial charges for Services shall be paid in advance of service. The first two months of service must be paid immediately in order to begin services. Thereafter, ZFunnels will attempt to charge Client’s credit card on the monthly anniversary date of the client first ordering services. Charges not paid by the due date for any reason will result in a suspension of Services until full payment is received. Suspension of Services for non-payment will not result in a proration of fees.
4.3 Except in the case of a material breach of this agreement by ZFunnels, ZFunnels does not issue refunds of any fees for any reason.
5. EARLY TERMINATION
Should the Client terminate this Agreement prior to the end of the term, Client shall pay a penalty of $1,750.00 for every month left until the end of the original Agreement. Client understands his search engine rankings will fall upon termination.
6. WARRANTY DISCLAIMERS
ZFUNNELS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING OR RELATED TO THIS AGREEMENT, THE SERVICES OR ANY MATERIALS OR ASSISTANCE PROVIDED TO CLIENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, COURSE OF PERFORMANCE OR DEALING, TRADE PRACTICE, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Client will indemnify and hold harmless ZFunnels and its customers, suppliers, directors, officers, agents and employees from and against any and all losses, costs, damages, liabilities and expenses (including, without limitation, reasonable attorneys` fees) arising out of or relating to any breach by Clients of any of the terms of this Agreement.
8. LIMITATION OF LIABILITY
ZFUNNELS SHALL NOT BE LIABLE TO CLIENT OR ANY ENTITY OR PERSON CLAIMING THROUGH OR UNDER CLIENT FOR ANY LOSS OF PROFIT OR INCOME OR OTHER INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, WHETHER IN AN ACTION FOR CONTRACT OR TORT, IN CONNECTION WITH THIS AGREEMENT, EVEN IF ZFUNNELS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ZFUNNELS’ LIABILITY TO CLIENT HEREUNDER EXCEED THE AMOUNT PAID TO ZFUNNELS BY CLIENT FOR THE PREVIOUS ONE (1) MONTH OF SERVICES. THIS LIMIT IS CUMULATIVE AND THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THE LIMIT. CLIENT ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES AND IN THEIR ABSENCE THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof. This Agreement may be amended from time to time in ZFunnels’ sole discretion. An email communication sent to Client’s last known email address will be deemed sufficient notice of any such changes in this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties` successors and permitted assigns; provided however, that Client may not assign this Agreement, in whole or in part, without ZFunnels’ prior written consent and any assignment by Client without such consent shall be null and void. This Agreement shall be governed by and interpreted in accordance with the laws of the state of Ohio without regard to its rules pertaining to conflict of laws. Any litigation or dispute resolution related to this Agreement shall take place in Lorain County, Ohio, and the parties hereby consent to the jurisdiction of the state and federal courts located therein. Except as otherwise expressly set forth herein, any notice required or permitted to be given under this Agreement shall be sufficient if in writing, in the English language, and sent via U.S. Certified Mail, return receipt requested. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, that provision will be severed only to the extent minimally necessary, and the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.
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