General Terms & Conditions
The client/customer entering into agreement with Mad Capper Marketing is to be referred to in this agreement as Client.
Mad Capper Marketing will use proprietary methods in their business model, marketing efforts, etc. Client agrees not to share or relay to any public, private, or non-Mad Capper Marketing approved sources any details of Mad Capper Marketing, Mad Capper Marketing’s practices, business model, employees, or personal data. Client, including all employees at Client’s office, may not share any forms, contracts, documents, contacts, or anything else provided by Mad Capper Marketing to Client, unless authorized in writing by Mad Capper Marketing.
Copyrights & Trademarks
The Client represents to Mad Capper Marketing & unconditionally guarantees that any elements of text, graphics, photos, designs, video, trademarks, or other artwork furnished to Mad Capper Marketing 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, & will hold harmless, protect, & defend Mad Capper Marketing & its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
Client agrees that it shall defend, indemnify, save & hold Mad Capper Marketing harmless from any & all demands, liabilities, losses, costs & claims, including attorney’s fees associated with Mad Capper Marketing’s development of any services. This includes liabilities asserted against Mad Capper Marketing, its subcontractors, its agents, its clients, servants, officers & employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns. Client also agrees to defend, indemnify & hold harmless Mad Capper Marketing against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s web site. This includes infringing on the proprietary rights of a third party, copyright infringement, & delivering any defective product or misinformation which is detrimental to another person, organization, or business.
Rights Upon Termination of Agreement
Mad Capper Marketing shall transfer, assign & make available to Client all property & materials in Mad Capper Marketing’s possession or subject to Mad Capper Marketing’s control that are the property of Client, subject to payment in full of amounts due pursuant to this agreement.
Any disputes arising from this contract will be litigated or arbitrated within the state of California. This agreement shall be governed and construed in accordance with the laws of which this contract was signed and entered into.
Payment of Services
In the event client chooses to engage with Mad Capper Marketing, Client agrees to contract with Mad Capper Marketing a monthly basis with month to month thereafter (unless otherwise noted above). Client must then notify Mad Capper Marketing 45 days prior via email or certified mail with any intent to cancel services. Client is responsible for payment regardless of payment type accepted and agrees to provide a check if processing a credit card is unavailable.
Termination of Services
Upon termination of services between Mad Capper Marketing & Client, Mad Capper Marketing agrees to provide details for client specific data at Mad Capper Marketing’s discretion. Mad Capper Marketing will have final say as to which data is provided to Client. Such discretion shall be reasonably exercised. Client agrees to NOT withhold payment as leverage to acquire any data from Mad Capper Marketing or try and “solve” or “remedy” any situation that may occur. Mad Capper Marketing reserves the right to terminate this agreement at it’s sole discretion if Client violates, or attempts to willfully violate, any part of this agreement.
Mad Capper Marketing makes no guarantees nor cannot make any guarantees in regards to ad placement or return on investment for any services they provide. Furthermore, unless in writing, no guarantees are made on completion dates of web development work including websites.
Promise to Pay
You promise to pay to us the website and marketing costs in U.S. Dollars, pursuant to the payment schedule shown above. You also promise to pay all other amounts that may become due under the terms of this contract.
To the extent permitted by applicable law, Client agrees to pay attorneys’ fees (if we refer this agreement for collection to an attorney who is not one of our salaried employees or the salaried employee of anyone to whom we transfer this contract), collection costs, and actual court costs.
No Oral Modification
Oral agreements or commitments to modify any of this agreement are not enforceable. To protect you (Client) and us (Mad Capper Marketing) from misunderstandings or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify.
Website Terms & Conditions
If Client engages in Website Building Services with Mad Capper Marketing, Client agrees to the following:
The above-named Client is engaging with Mad Capper Marketing, as a contracted agent & consultant for the specific purpose of developing &/or implementing a website. The Client agrees to provide Mad Capper Marketing with usernames & passwords needed to configure all services within the first 30 days.
By default, the finished site will be uploaded to Mad Capper Marketing’s hosting server & will be maintained there. Mad Capper Marketing’s servers cannot guarantee uptime. However, downtime is unusual & unlikely. If the Client wishes to host this site on another server, this must be communicated in writing prior to the initiation of work. A monthly website maintenance & hosting fee will be charged while the website is being hosted by Mad Capper Marketing unless otherwise noted.
Ownership to Web Pages & Graphics
The Client will retain ownership of the website after all moneys owed to Mad Capper Marketing are paid in full. Mad Capper Marketing & its subcontractors retain the right to display all designs as examples of their work in their respective portfolios.
If significant page modification is requested after a page has been built to the Client’s specification, we must count it as additional work, & may charge the Client accordingly.
Third Party or Client Page Modification
Some Clients will desire to independently edit or update their web pages after completion of the site. Note however, Mad Capper Marketing is not responsible for any damage created by the Client or agent of the Client.
Work Schedule & Completion Date
Clients are to provide Mad Capper Marketing with all the data needed to complete web site, including text, company logo, & photos within the first 30 days of this agreement (unless otherwise noted). Mad Capper Marketing will provide a design mockup, & the Client will be asked to confirm acceptance. Mad Capper Marketing will code the mock up into a dev site. Upon completion of the dev site, the Client has 10 business days to approve or request changes (unless otherwise noted), otherwise, the site will then be uploaded to a public hosting server, & the Client will be invoiced. In monthly website packages, Client is billed from month one on. Unless provided in writing, Mad Capper Marketing makes no claims to a guaranteed completion time of any web dev work including a website. In initiating this project, Client agrees to pay for the entire website in the event the Client terminates the project at any stage without approval from Mad Capper Marketing. If Client terminates the website project, client has 30 days to pay the remaining balance in full.
Maintenance Grace Period
This agreement includes no ongoing web page maintenance. If Client finds that edits which were previously discussed, documented, & agreed upon were not made, Client agrees to notify Mad Capper Marketing within six months of the site completion, & Mad Capper Marketing agrees to make these edits. After which point, Mad Capper Marketing will do it’s best to accommodate these edits, however, is not obligated to. In monthly website packages, Mad Capper Marketing will assist with small copy and graphical edits, however reserves the right to charge for larger changes. These charges will be discussed and agreed upon beforehand.
Client understands that IF Mad Capper Marketing helps write any copy on behalf of the Client, the Client is ultimately responsible for it. Mad Capper Marketing makes no claims to know or understand any industry governance (board (legal or medical), compliance department, local state laws), and will rely on the input from the Client directly. All site copy is ultimately the responsibility of the Client. In the event the Client is unsatisfied with Mad Capper Marketing’s revisions of the copy, the Client agrees to complete the copy through another source of their choosing, or internally, to be paid for by the Client separate from this agreement. Mad Capper Marketing reserves the right to remove themselves from the creation of the copy in any situation where the Client requests numerous & (as determined by Mad Capper Marketing) excessive revisions.
Internet Marketing Services Terms & Conditions
If Client engages in Internet/Reputation Marketing Services with Mad Capper Marketing, Client agrees to the following:
- Unless otherwise mentioned above, all marketing minimum terms are for a minimum of 12 months.
- Client will not hold Mad Capper Marketing responsible for any changes, decisions, or effects by any search engines’ decisions in rankings, inclusion, and/or algorithms that may affect the placement of any web property caused or not by search engine optimization services.
- Pay Per Click may include placement on Google, & on other search engines. The length of time the ad will be placed & frequency of placement is not guaranteed & cannot necessarily be controlled by Mad Capper Marketing.
- The Client understands & agrees that while Mad Capper Marketing will do their best to run a highly effective Pay Per Click campaign, they cannot control all aspect of ranking or placement on any Search Engine Results Page (SERP).
- Client agrees to allow Mad Capper Marketing to use best judgment in how & where to spend any Pay Per Click budget.
- Client understands that Mad Capper Marketing makes NO guarantees to any web property or ad placement nor any return on investment by any marketing efforts.
- Client understands that the Pay Per Click campaign, SEO campaign, and/or Internet Marketing campaign start date may be delayed, at Mad Capper Marketing’s discretion, due to necessary development work and agrees to make the total number of payments as outlined above in the minimum agreement term.
- Client understands that Mad Capper Marketing cannot force the end client/patient to write/leave reviews online. As such, Mad Capper Marketing makes no guarantees as to the number of reviews or the placement of them. Additionally, Mad Capper Marketing cannot guarantee the length of time they reside on each site or the placement of them. The Client agrees to support Mad Capper Marketing in engaging the Client’s staff/employees as this is a joint initiative. The Client agrees to follow the reasonable direction of Mad Capper Marketing in regards to engaging the end client/patient.
- In the event that Mad Capper Marketing deems it necessary to change their scope of work to comply with the search engine’s ToS, or any 3rd party site’s ToS, Client agrees to retain Mad Capper Marketing through the remainder of the agreement. Mad Capper Marketing will always make reasonable changes in what they determine as a best practice and best outcome for the client.