eSource Marketing Preferred agent Policies
- You may cancel this service at any time.
- AFTER THE SETUP FEE you will NOT be charged any fees unless you request services or consultation with us. To request service or a consultation, call our offices at (916) 467-9044. You may also email service requests to services@esourceagent.com. Under this agreement you are entitled to the following services at discounted rates: Website modification, Web marketing consultations, application/form development, landing page review design and development and web application development (Dot Net). As a preferred agent you authorize us to charge your card above for time spent fulfilling your service request. If we believe your service request will take longer than 4 hours to complete we will email you a service estimate for your approval, otherwise we will process/fulfill the service request ASAP and charge your card for the hours spent.
- OUR SERVICE GUARANTEE TO PREFERRED AGENTS Most requests will be completed the same day, and we guarantee that we will fulfill your request within two business days or we will cut the service fee in half. This applies to services taking less than 4 hours to complete.
- Client’s designated service representative will contact client to schedule an initial phone conference (IF NEEDED), usually held within 2 working days after the service order is processed.
- IF WEBSITE DEVELOPMENT IS REQUESTED We will begin Website creation immediately following the initial phone conference. Website completion will typically occur within two to four weeks following receipt of all necessary materials, including pictures and text, from client. See estimate of schedule above.
- Website Development Fee - Due immediately. Website development is dependent upon payment of website fee.
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FEES: We charge an hourly rate for our services. Our preferred clients will be charged a reduced hourly rate per hour for most technical tasks. If you need web application development or access to a dot net developer the fee is is shown below. We will inform you if a higher rate will be charged to get pre-approval from you. WHAT WE CHARGE FOR: We charge for our time. That includes phone consultations, meetings, modifying or updating your website,etc. We will track time spent on your project and report that to you on your bill.
Task Rate Clerical, Web Design, WEb Marekting $60.00 / Hour Application, DotNet development $90.00 / Hour - By signing up as a preferred agent you also agree to our terms of service and condition and privacy polices located on our website at http://esourceagent.com/terms/termsofservice.htm and http://esourceagent.com/Privacy-Policy.asp.
- Any requested maintenance will be done at our standard hourly rate shown in the rate table above. These rates reflect current pricing and are subject to change at any time.
- Payment of Fees - In order for eSource Marketing to provide service, payments must be made promptly. Invoices are due upon receipt. Delinquent bills will be assessed a $50 charge if payment is not received within 20 days of the due date. If an amount remains delinquent 30 days after its due date, an additional $100 penalty will be added for each month of delinquency. eSource Marketing reserves the right to remove all hosting and maintenance service that may be in progress if payment is more than 30 days overdue.
- Additional Services – Any revisions, additions or redesign client wishes eSource Marketing to perform not specified in order receipt shall be considered “additional” and will be billed separately for the particular service.
- Refund Policy - No refunds will be given.
- Copyrights and Trademarks – The client represents eSource Marketing and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to eSource 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, and will hold harmless, protect, and defend eSource Marketing and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. All information, text, graphics, are owned by the client exclusively.
- Limited Liability - Client hereby agrees to indemnify and hold harmless eSource Marketing in any claim resulting from client’s website(s), products, or services. Under no circumstances, including negligence, shall eSource Marketing its offices, agents or anyone else involved in creating, producing, marketing, or distributing it’s services, be liable for any direct, indirect, incidental, special or consequential damages that result from any technique used to drive relevant traffic to your site.
- eSource Marketing shall not be held liable for: omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, rankings, sales, or performance, whether or not limited to communication failure, theft, destruction or unauthorized access to eSource Marketing’s records, programs, acts of Search Engines or act of Directories, or other places on the web which may or may not link to your site(s). Notwithstanding the above, client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which client paid during the term of this Agreement (minus any third parties fees for inclusions or links) and any reasonable attorney’s fee and court dates.
- Indemnification - Client agrees that it shall defend, indemnify, save and hold eSource Marketing harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, (”Liabilities”) asserted against eSource Marketing , agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, its agents, employee or assigns.
- Search engine optimization inherently runs risks of algorithmic changes of search engines. eSource Marketing offers no guarantee of present or future placement in any specific search engine. Client assumes all risks and responsibility.
- eSource Marketing is not responsible for any costs associated with downtime, inventory, sales or for changes in any search engine or directory. eSource Marketing shall also not be responsible for any other loss that may occur in the operation of the website.
- Laws Affecting Electronic Commerce - The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend eSource Marketing and its sub-contractors from any claim, suit, penalty, tax, or tariff arising from the client’s use of Internet electronic commerce. Ecommerce is not the responsibility of eSource Marketing .
- Cancellation - The client shall have the option to cancel all work by email, phone, fax or standard mail. Any cancellations will take effect one month after notice has been given. In the event that work is postponed or canceled at the request of the client, eSource Marketing shall have the right to bill pro rata for hosting & management completed through the date of that request. If additional payment is due, this shall be payable within thirty days of the client’s notification to stop work.
- Arbitration - Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this agreement shall be submitted to binding arbitration before the Joint Ethics Committee of a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The client shall pay all arbitration and court costs, reasonable attorney’s fees and legal interest on any award or judgment in favor of eSource Marketing .
- Jurisdiction - This contract constitutes the sole agreement between eSource Marketing and the client regarding its website development and hosting. It becomes effective only when signed by the client. This agreement shall be governed and construed in accordance with the laws of Sacramento County, of the State of California, USA.
- No Guarantees: eSource Marketing does not make any specific guarantee as to the degree of the success of the campaign or any search engine ad placement guarantee. eSource Marketing will monitor and implement ongoing campaign changes, designed to increase performance.
More information
If you have additional questions, please contact us any time. Or write to us at:
Privacy Matters
c/o eSource Marketing
2440 Gold River Rd.
Suite #260
Gold River, CA 95670