Support Terms

WEB HOSTING & SUPPORT TERMS

Web Plan Terms & Conditions

These Terms and Conditions of Use (Terms of Use) apply to the 616 Marketing Group LLC web hosting and support services (‘Web Plan’) .

BY USING OUR WEB PLAN SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, PLEASE CONTACT US RIGHT AWAY.

​ARTICLE 1 – PAYMENT TERMS:

1.1. Payment Schedule
First month or annual payment is due prior to service.

1.2. Late Fees
Late payments are subject to the following percentage on the late amount: 1.5% (one point five percent).
For any fees left unpaid past their due date, we will attempt to contact you by phone and email. After multiple documented attempts to contact you, if fees are left unpaid 60 days past their due date, we reserve the right to suspend web services without refund to Client. We may choose to additionally terminate this Agreement, at our sole and exclusive discretion.
1.3. Cancellations & Refunds
Payment(s) are non-refundable. Refunds may be provided at our sole discretion minus any applied discounts. Should you choose to add a service with us you may need to agree to a separate service agreement for new services.
1.4. Independent Contractor
We are not your employees. We act as an independent contractor.


ARTICLE 2 – CLIENT RESPONSIBILITIES:


2.1. Payment Terms: Client shall be responsible for full payment of the services listed on their invoice document(s) that are emailed or mailed to your business address.

 2.2. Content Requirements : From time to time as part of our marketing consulting and website optimizations, we may have content recommendations for the client to provide us with various photographs, video, or other graphics to help further promote their website online. Content is optional but highly recommended for the growth of your brand online. Graphics and Photographs

You will be responsible for providing us image content unless included in your project. Specifications: You should supply graphic files in an editable, vector digital format. You should supply photographs in a high-resolution digital format (2000px width or higher is recommended). If the graphic files you provide are not high quality (in terms of resolution or too poor quality for angle, lighting, etc.) we reserve the right to not use those files in your project as it may hurt the user experience with your brand. Instead, we will recommend one or more of the following:
  • Capture new images that will work to our specifications
  • Find / purchase stock photos and/or other stock assets
  • Add an estimate for our onsite photography services (ask for availability)
  • If hiring your own photographer or taking your own images, please loop us in that process to make sure we can help create a ‘shot list’ for areas in the new website that require certain desired imagery or specific image aspect ratios.
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If you choose to buy stock photographs, we can suggest stock libraries. Any images or graphics you provide us, you claim that you have proper licensing or usage rights for us to use in your project. If you’d like us to search and/or purchase stock photographs, graphics, stock video footage, or audio assets for you, we can provide a separate estimate that includes a setup fee and markup on each stock asset (unless already listed as part of the project). If we are providing images for your project, you will have rights to use the images in your website but not full exclusive rights to use outside of your website or rights to resell images. This is the common usage rights for most stock photos.

2.3. Creating Support Tickets: When needing to report an issue or any inquiry, we strongly advise the Client to use our support ticketing system by emailing [email protected] or filling out a support ticket form on 616mg.com/support. This will create a ticket ID number that helps all parties track requests.

2.4. Domain Name & Email‌
You have confirmed that you have full access to your domain name, email, and active billing for these accounts and any other accounts you need in support of the functionality of the website and overall web presence. We are not responsible for your domain name renewal, email, or other web-related services moving forward unless that is one of our services outside of hosting that you pay for such as Annual Domain Name Management.

2.5. Account Access & Permissions
We may ask you to provide us with email or SMS verification codes to access assets required in order to support your account. When logging into accounts, we take caution not to make altered changes without your permission. While we have access to one or more accounts, we cannot guarantee the functionality or outcomes (in whole or in part) of these accounts. If you choose to provide us account credentials, you allow us to log into your various accounts if you have existing website assets including but not limited to the following:
– Website Login (administrative user account)
– Hosting Provider
– Domain Name Registrar – Company Social Media Account links
– Google Analytics (or website reporting provider) – Paid software licenses (example: paid plugins or themes used on the website may be required in order to support the website. Purchasing these licenses are not included in the web plan fees and are a separate charge. Common pricing for one paid plugin or theme ranges from $50-150 per year per paid plugin depending on the developer.) – Stock photo licenses, paid typography, or other design assets
– Other Website or Marketing Tools (example: any existing Google Analytics. Google Search Console, Google Tag Manager, etc.)

ARTICLE 3 – AGENCY RESPONSIBILITIES:

3.1. Web Plan Service Includes
(See your invoice statement for all details based on your selected web plan package)

Any mention of ‘Unlimited’ bandwidth of our web hosting services refers to ‘Unlimited in a sense that we have yet to have a client cap their bandwidth monthly transfer allowance of 100GB/mo’.

3.2. Technical Support (‘Website Support’)
We can provide technical support for website hosting, content management, general website support, email, and other services relating to web hosting under any of our “Web Plans” for websites and email services that are hosted and managed in our environment. 
We cover support requests such as the following:
  • Fix broken links
  • Error messages and system loading problems
  • User experience with attempting to play video and audio files, view and download images or documents
  • Viewing problems with the website not displaying correctly in certain browsers (as defined in these terms)
  • Contact form routing issues from the website
  • Restoration of your website that has been vandalized or hacked.
  • Photo updates – adding/removing, editing and sizing of photos into existing photo placement areas on existing pages on your website.
  • Text updates – adding/removing, editing text ‘copy’ in existing text content placement areas on existing pages on your website.
  • Website functionality – ensuring all links/content are loading and working properly and examining the overall health and functionality of the website.
  • Responsible for errors and omissions contained in the website including content provided by the customer.
  • Install patches, fixes, updates to the web application, operating system, or server; install additional software packages, plugins, and security updates. (We do not install the latest WordPress and plugin updates available; rather, we update to the latest security releases that have been tested and confirmed as safe to apply to ensure proper functionality and availability of your website at all times. Often, the newest versions may not be security-related, but feature-related. This could introduce new features that may slow down the website or new software bugs that need time to mature in later software releases before considering to be applied to your website).
  • Email – we guarantee emails are being from your new website contact forms and email is successfully routing from our systems. 
  • Email spam support – we can create a contact form CAPTCHA to help mitigate spam hitting your inbox. This is by request and will not eliminate all spam, but it will certainly help.
3.3. SLA – Service Level Agreement & Support Requests:
Support services are available by phone, email, or chat via our website Monday – Friday 9:00am – 5:00pm (outside of major holidays) Our one business day or best-effort response time for support requests only applies if requests are submitted online, emailing [email protected], or calling our support staff by phone. This is an estimated response time to confirm receipt of your request. Resolution of your request may require additional time depending on the complexity of the issue or request. Direct emails to any of our staff have a chance to not be seen as quickly and is not an efficient way to track support requests compared to our support system which logs tickets.

3.4 Network Uptime Service Level Agreement – For all Services
We guarantee network uptime to be 99.7%. This guarantee assures that all major routing devices within our network are reachable from the global internet 99.7% of the time.

3.5 Network SLA Exclusions
Many possible situations are completely beyond our control, and therefore are not in the scope of this SLA. These situations include:
  • Scheduled Network Maintenance – occasionally network maintenance will be required. We will do everything possible to minimize and avoid downtime during this maintenance. You will receive prior notification of upcoming maintenance at the e-mail address we have on file. Scheduled maintenance periods are not eligible for SLA credits.
  • Hardware Maintenance – on rare occasions, the hardware in your Dedicated Server may need maintenance or replacement. We will do everything possible to minimize any downtime in these situations per our hardware replacement SLA. Any downtime incurred as a result of this maintenance will not be counted towards our network SLA.
  • Software Maintenance – an important part of managing a Dedicated Server is keeping the software up to date. If you choose to have We manage your server, occasional software updates will be required to address security or performance issues. Usually you will experience little or no downtime in these situations, but we cannot guarantee a specific amount of time in all situations.
  • Malicious Attacks – if a third-party not associated with We initiates a “Denial of Service” or other form of disabling attack against your Dedicated Server or major portions of our network, Liquid Web will do everything in its power to stop the attack, but cannot guarantee a resolution time.
  • Legal Actions – In the case that a legal action is taken against a customer of ours and we are required to act in accordance with the order, 616 Marketing Group LLC shall not be responsible for any SLA damages.
  • In the event of a hardware failure, the faulty hardware will be replaced, in most cases, within 30 minutes of identifying the problem. This time does not include time required to perform additional software related maintenance, including rebuilding web accounts from backups, cloning hard drives, reloading the operating system, reloading and configuring applications, or rebuilding RAID arrays.
3.6. After-Hours / Holidays & Emergency Support Support outside of our normal business hours is available for emergencies (such as website downtime, page unable to load, or other critical function such as contact forms not routing).
Non-emergency support requests (such as updating content or a adding new feature) may be available for an after-hours rate. Contact us for a quote. Standard business hours and after-hours support exceptions include major US holidays where we will respond to requests on the next business day.

​3.7. Support Limitations

We do not provide technical support for the following:
  • Computer, mobile device, network, or other items not directly relating to the work we provided or not under the environment that we manage. 
  • User account (or third-party) has accidentally (or by other means) broken website functionality, content, or other areas on the website; we reserve the right to deny fixes or provide an estimate to apply fixes. This can usually be avoided if you have a good managed backup service and can pinpoint an appropriate restore point to revert back to a working version of the site. We provide managed backups and restorations ONLY on an active web plan.
  • Systems developed by third-party such as plugins, APIs, databases, etc that we did not create.
  • Web development task requested that was not explicitly listed as part of the project. This may include but is not limited to: graphic design, CSS changes, layout changes, any new functionality, additional form fields and/or field validation, and problems caused by customer website administration.
  • Redesign of website: the scope of our web plans covers maintenance and does not allow for complete or partial redesign of existing website.
  • Adding new pages: New pages are to be quoted based on requirements. Our web plan covers adding / editing content on existing pages. We do not support and provide any warranty to pages we did not create. We recommend leveraging our team to help you create new pages so we can help ensure they are created to design standards properly using our system, provide helpful input based on your needs/goals of the page, as well as make sure it is optimized well for search engines.
  • Changing website layout / content areas: Minor rearrangement of text and photos may be covered; however, changing whole content areas that affect the layout and styling of other content areas within a given page(s) is not included as part of our support. An estimate can be provided.
  • Advanced Blog importing or manual blog importing in situations where a default blog export/import from any existing website is not automatically pulling in blog data to the new website resulting in a need for troubleshooting, database work, or manual importing of content. In rare cases, we may be unable to import any blog data due to technical difficulties, corrupt databases from the old website, etc. In cases where an existing blog import has issues, we’ll make a best effort to pull in the data before having to quote an additional fee to successfully complete the blog import or a fee to manually recreate any blog posts.
  • Website marketing: advertising campaigns, website promotion, link-building, etc. are not part of support. An estimate can be provided.
  • Liaise with billing and/or accounting of your hosting and domain service, if using a third-party.
  • Email – We do not support your email account(s), email on your phone, email applications such as Microsoft Outlook, Mozilla Thunderbird, etc., your computer, or other device. We recommend working with your existing email provider for support or recommend a provider to use for a new email account setup if needed.‌
3.8. Support Limitations for Emails & Contact Forms from the Website
We configure your new website or pages with a contact form to send to one or more specified email account(s) you provide us. We are not responsible for delivered contact form messages as there are too many third-parties involved that are responsible to ensure ongoing successful delivery of contact form messages such as your web hosting provider, email service provider, internet service provider, your network infrastructure, anti-spam appliance, individual devices, email clients, etc. If you’re not seeing emails, check your spam/junk folder. You may need to white-list email being sent from your website domain name. We test the contact form functionality at the time of deployment to ensure you successfully received a contact form submission. If there’s an issue, our efforts to help troubleshoot and resolve the issue are included in an our web plan but limited to the systems we manage. We’ll ensure proper email routing from the website and server but do not support troubleshooting your inbox, email on your phone, Microsoft Outlook (email applications), etc.

3.9. Compatible Website Technology

We deliver web page types developed from HTML markup, CSS stylesheets for styling, and unobtrusive JavaScript for feature detection, poly-fills and behaviors. Websites we deliver or support are built in WordPress content management system that uses additional technologies such as PHP, a MySQL database, and require Linux-based web hosting. If there are specific technology or coding requirements that you need, we must be made aware before starting a project or supporting your website or we might not be able to fully support the functionality needed.
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3.10. Website integration of third-party tools & features Unless specified as a project add-on, we only include the integration of systems, website tools, resources, widgets, plugins, APIs, databases, etc. that:
  • Exists in a state that is fully functional for use in the project (we are not recreating or developing a custom feature or tool from scratch in addition to the website unless properly scoped in the project.)
  • Must be properly licensed by the client to use in the website with proof of license
  • Be compatible with our website application platform “WordPress”, hosted on Linux Servers running Apache or Nginx with PHP, MySQL (OR MariaDB) with HTTPS support.
  • Must have existing embed code (e.g. HTML, CSS, PHP, or JavaScript; and supporting files) for us to integrate the feature(s) into the website (such as an iframe or provided embed code), THESE MUST EXIST AND BE PROVIDED.
  • Some additional features or needs may be discovered during the project and require a project add-on fee. Many tools and plugins exist for us to purchase from a third-party developer and bill on your behalf. We’ll always provide a quote for approval first.
3.11. Unlimited Website Warranty – Websites We Developed
An ongoing warranty is included for website that we build and support on a web plan for the duration of active service in good standing (paid to date). Warranty ensures continued functionality of the website availability, operation, and features.

3.12. Limited Website Warranty – Website We Did Not Develop
We provide a limited warranty for websites we did not build but service on one of our web plans. A limited warranty grantees our best-effort to fix any known issues we find or issues brought to our attention. For any issue, a resolution will be attempted within the time constraints of our web plan (1 hour per month). If we are unable to fix an issue due being out of scope within monthly support time constraints, we may be able to provide a quote for the additional service time. If a fix involves needing the original or third-party developer to provide us a website asset, license for a paid plugin update, updated code, or other needs; we will attempt to contact them on your behalf to expedite a fix.
When supporting websites that we did not develop, if we determine that the website is prone to too many or too severe of issues that cannot be supported within the scope of our service: 1) we will provide a recommended service to meet the level of support the website needs to be functional and healthy; or 2) we can provide a quote to rebuild the website within an updated framework we can support within scope and a full warranty; or 3) we can issue a partial refund at our sole discursion if we feel we cannot meet the support needs and terminate this agreement.

3.13. No Support Guarantees for Websites Outside of our Hosting Services‌
We do not provide ongoing support for websites outside of our hosting services. This is because third-party environments have different configurations and unknown variables that we do not manage and cannot account for. In certain situations, we may offer support at an hourly rate, one-hour minimum, billed per quarter hour thereafter. We reserve the right to decline to support any website outside of our hosting services.
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ARTICLE 4 – WEBSITE MIRGRATIONS

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4.1. Website Migration Service If you have an existing website for us to provide support services within our hosting environment, we will need appropriate access to assets listed under ‘Article 2 – Client Responsibilities’.

4.2. Domain Name for Migration
When the project is agreed to be completed together, it’s time to push the project live to deploy on a server to host the site. In order to deploy your new website on a desired domain name (e.g. www.example.com), we’ll need access to the domain name registrar (e.g. GoDaddy.com, NetworkSolutions.com, NameCheap.com, etc.) to update DNS records to repoint the domain to the appropriate server hosting the new website. Alternatively, if you have access and are comfortable changing DNS records, we can provide appropriate DNS information for you to update on your own without us needing access to your domain name registrar account. We’ll assume you have full access and ownership of your desired domain name you wish to use for the project and can provide us with this access at the beginning of your project (or well before we need to deploy the website) so we can mitigate any potential need to be waiting on access in order to complete the project. We will then copy the website to our servers and perform testing:
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4.3. Browser Testing
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It now means ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
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We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), and Mozilla Firefox. We do not support Internet Explorer as it is no longer supported by Microsoft and does not receive feature or security updates. Some of our work does not function on Internet Explorer perfectly due to this issue. We won’t test in other older browsers unless we agreed specifically as part of the project such as a requirement to work with certain legacy ‘older’ systems. If you need an enhanced design for an older browser, we can provide a separate estimate for that. 
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We utilize responsive design to try to make websites optimized for all major screen sizes but depending on the design requirements and needs for the project, there could be a small portion of your website visitors who use outdated browsers and could have issues viewing your website in a fully optimized layout.
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From time to time, web browsers get updated and in the future, the website may need additional updates to its code to stay current. For this, we recommend one of our optional web plans that supports ongoing updates for browser compatibility in addition to many other features. A web plan can be quoted separately if not already itemized or included as part of the project.
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4.4. Mobile Browser Testing
Mobile browser testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in:
iOS 11+: Safari, Google Chrome Android: Google Chrome on Android Emulator
We won’t test in Blackberry, Opera Mini/Mobile, Internet Explorer, specific Android devices individually, Windows or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.

4.5. Functionality Testing We will work within the scope of our service to ensure the website is migrated to our servers and works in accordance to its original functionality in the sate of the website files and database in which it was provided. This may include testing contact form(s), testing all page links, clicking through any portfolios, photo galleries, etc. to ensure website assets are working in their proper form. We also encourage you to test through the website on a desktop, laptop, and mobile device as you may notice further details from your existing experience with your website.

4.6. Website Migration Timeline After we have all of the website assets, we will need time to setup the new production server. Depending on the size of the website, this can take up to 1-2 weeks depending on our schedule.
Once our team can confirm the migration and initial browser, mobile, and functionality testing has been completed, we will notify you so you can coordinate with your prior web hosting vendor whether to end services immediately or after some time to ensure there are no major issues in the new hosting environment. We recommend shutting off the old hosting service after two weeks of hosting in the new environment. For larger websites, this recommendation might extend to one month minimum.
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‌ARTICLE 5 – INTELLECTUAL PROPERTY:

5.1. Proper Licensing & Usage Rights Client represents to Agency and unconditionally guarantees that all Content delivered by Client to Agency for the support and growth of the website is the sole and exclusive intellectual property of Client, there are no encumbrances on the Content, and that Client has the right to license the Content for Agency’s use to conduct services. Client hereby represents and warrants that the Website and Content will not violate the intellectual property rights of any third-party.
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Client also represents and unconditionally guarantees that all Content is not defamatory, discriminatory, violent, or obscene, does not constitute false advertising, solicit unlawful behavior, or violate any applicable laws, rules, or regulations and that all Client has the unencumbered to right to sell the products or services as listed on the website.
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Should any Content be (1) adjudicated to be infringing, defamatory, discriminatory, violent, obscene, false advertising, or any other violation of applicable law, rules, or regulations by a competent court of law or judiciary authority, including a neutral mediator or arbitrator; or (2) questioned as infringing by a or letter or notice from a purported rightsholder, Client will specifically indemnify and hold Agency, including all of Agency’s employees, contractors, agents, and assigns, harmless from all legal claims and demands, including attorney’s fees, which may arise from or relate to any infringement claim by any third-party. Such indemnification includes the cost responding to any such rightsholder and all costs involved in removing the Advertisements. Client agrees such indemnification shall specifically include the payment of Agency’s actual attorney’s fees in defending any such action. Client agrees that the Agency shall be able to select its own legal counsel and may participate in its own defense, if Agency wishes.
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LICENSE: Client hereby grants to Agency a limited, non-exclusive, non-transferable, non-assignable, royalty-free license to use any Content for the limited purposes of producing and running the Advertisements.
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5.2. Website Ownership
We’ll cover the full deployment process and manage ongoing website backups, routine security scanning, website warranty, content updates on existing pages (with client-provided text and photos), website support, and provide website performance reporting. 616 Marketing Group retains ownership of the website and grants an active license for you to use the website for marketing and promotion purposes for the duration of active service. (The website is essentially rented from us for the duration of service). You will retain ownership and rights to all content and graphics you have provided us while we’ll retain ownership of our website planform.
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The license granted through this Agreement will automatically terminate at the termination of this Agreement.
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5.3. Displaying Our Work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books. We reserve the right to add our website link in a small area in the website footer such as “designed by 616 Marketing Group”, “powered by 616 Marketing Group”, or similar phrase, or a very small company logo. We’ll be tasteful as this is your website. If we support the website but did not design it originally, we will use an appropriate phrase.

ARTICLE 6 – TERM & TERMINATION:

6.1. Term & Cancelation The Agreement is effective as of the Effective Date and terminates at the occurrence of the following event:
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Client requested cancelation in writing 15 days prior to the next serviceable term, or Agency reserves the right to end service at any time, for any reason and a partial refund may be made for any remainder of a serviceable term.
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6.2. Termination The Parties may each terminate this Agreement for material breach of any of its terms, immediately and without notice. Such material breach includes, but is not limited to, Client’s failure to pay fees within 30 days of signing this agreement.
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This agreement will also immediately terminate, without notice, upon the liquidation, dissolution or discontinuance of the business of the Agency in any manner, the filing of any petition by or against the Agency or Client under federal or state bankruptcy or insolvency laws, if any Party is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directives of the other Party, or is guilty of serious misconduct in connection with its performance under this Agreement.
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Client may terminate this Agreement at any time, for any reason, but all fees owed may be pro-rated based on Agency’s completed work up to the point of cancelation. Agency is the sole and exclusive Party responsible for determining such work and pro-rated amount, but Client may request a record of work if desired. Termination notice must be received in writing by Agency but no specific advance notice is required.
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Agency may terminate this Agreement at any time, for any reason, by providing written notice to Client. No specific advance notice is required. If Agency terminates this Agreement during a period where the website is hosted, Agency agrees to continue hosting the website until the agreed-up end date, unless material breach was cause for the termination. In that case, Agency is under no obligation to continue web hosting for Client.
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Upon termination for any reason, Agency shall return to all client-provided content to Client. This does not include a transfer of ownership of any website or landing page from the Agency to the Client, rather providing the content output from such platforms. If the Client already owns the website, no change in ownership take place.
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ARTICLE 7 – CONFIDENTIALITY:

Each Party agrees, during the Term and for a period of 5 years thereafter, to hold in strictest confidence and not to use, except for the benefit of the Parties or as required by law, or to disclose to any person, firm, or corporation without the prior written authorization of the other Party, any Confidential Information. “Confidential Information” means any of the Parties’ proprietary information, technical data, trade secrets, or know-how, including, but not limited to, reports, research, product plans, products, services, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information disclosed to one Party by the other Party, either directly or indirectly. Each Party may use the Confidential Information to the extent necessary for negotiations, discussions, and consultations with the other Party’s personnel or authorized representatives or for any other purpose each Party may hereafter authorize in writing. At the request of either Party or at the termination of this Agreement, the other Party must promptly return all copies of Confidential Information received from such Party, and must promptly destroy all other Confidential Information prepared by it in connection with this Agreement, including, without limitation, any notes, reports, or other documents.

‌ARTICLE 8 – INDEMNITY:

Client shall indemnify and hold harmless Agency and its officers, members, managers, employees, agents, contractors, sublicensees, affiliates, subsidiaries, successors, and assigns from and against any and all damages, liabilities, costs, expenses, claims, and/or judgments, including, without limitation, reasonable attorneys’ fees and disbursements (collectively, the “Claims”) that Client may suffer from or incur and that arise or result primarily from (i) any gross negligence or willful misconduct of the Client arising from or connected with the Client’s carrying out of its duties under this Agreement, or (ii) the Client’s breach of any of its obligations, agreements, or duties under this Agreement.

ARTICLE 9 – INSURANCE:

Client is required to maintain insurance as follows:
Client must maintain general liability insurance up to $1,000,000 in coverage for the duration of the parties’ relationship.
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ARTICLE 10 – LIMITATION OF LIABILITY:

10.1. Liability The Parties acknowledge and agree that the following provisions are material conditions of this Agreement and reflect a fair allocation of risk between the parties:
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Agency makes no express or implied warranty or representation to Client that operation of the Website will be uninterrupted, have full functionality at all times, or be error-free. Agency will not be liable for consequences resulting from any interruption of service, malfunction, or error.
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Except as expressly provided for in this Agreement, Agency makes no warranty, express or implied, and disclaims all implied warranties of merchantability, title, accuracy, integration, and fitness for a particular purpose with respect to the Website.
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Except for the indemnification provision listed above, in no event shall either party be liable under this agreement to the other Party for any incidental, consequential, indirect, statutory, special, exemplary or punitive damages, including, but not limited to, lost profits, loss of use, loss of time, inconvenience, lost business opportunities, damage to good will or reputation, and costs of cover, regardless of whether such liability is based on breach of contract, tort, strict liability or otherwise, and even if advised of the possibility of such damages.
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Each party’s aggregate liability for any claims relating to this agreement will be limited to an amount equal to the sum of the amounts paid by Client to Agency hereunder.
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Any claims made pursuant to this section must be made within one year of the incident to which they relate or forever be barred.
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10.2. Errors: Errors and omissions in Content are the sole and exclusive responsibility of the Client. Client shall immediately notify Agency of any error or omission and Agency will act with reasonable speed to correct such error or omission. Any errors or omissions caused by the Agency will be covered under the website warranty or limited website warranty and the Agency will act with reasonable speed to correct such error or omission while not counting against the allocated up to 1 hour per month support time.
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We may notify you if needing to reject, remove, or modify any Content provided to us but have no obligation to approve any Content submitted.
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10.3. Search Engine Ranking
We never guarantee search engine ranking as it’s a platform we nor anyone else controls except for Google for example. We do perform industry best practices and technical optimizations on the website. Changing hosting providers can have an effect on your website’s online search rankings. We are not responsible for making changes to these rankings. We highly recommend giving us an opportunity of at least 3 to 6 months with our services to see value from our efforts. Higher competitive keywords may take 6-12 months to show improvements. In any case, following our content and marketing recommendations can reduce these timelines. Higher competitive markets may also require a larger marketing budget to compete more effectively online.

Article 11 – GENERAL PROVISIONS:

11.1. GOVERNING LAW: This Agreement shall be governed in all respects by the laws of Michigan and any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts within Michigan. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. The venue for any disputes permitted under this Agreement is the following county: Kent.
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11.2. LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
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11.3. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by either Party.
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11.4. AMENDMENTS: This Agreement may only be amended in writing signed by both Parties.
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11.5. NO WAIVER: None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term.
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11.6. SURVIVABILITY: If any provision or term of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.
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11.7. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.
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11.8. HEADINGS: Headings and formatting to this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.
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11.9. COUNTERPARTS: This Agreement may be executed in counterparts, all of which shall constitute a single agreement. If the dates set forth at the end of this document are different, this Agreement is to be considered effective as of the date that both Parties have signed the agreement, which may be the later date.
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11.10. FORCE MAJEURE: Agency is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
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11.11. NOTICES ELECTRONIC COMMUNICATIONS PERMITTED: Any notice to be given under this Agreement shall be in writing and shall be sent by first class mail, airmail, or e-mail, to the address of the relevant Party set out at the head of this Agreement, or to the relevant email address set out above or other email address as that Party may from time to time notify to the other Party in accordance with this clause.
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Notices sent as above shall be deemed to have been received 3 working days after the day of posting (in the case of inland first class mail), or 7 working days after the date of posting (in the case of air mail), or next working day after sending (in the case of e-mail).
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In proving the giving of a notice it shall be sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and posted, or that the applicable means of telecommunication was addressed and dispatched and dispatch of the transmission was confirmed and/or acknowledged as the case may be.

Electronic Communications and Electronic Signatures

You agree to be bound by any affirmation, assent, or agreement you transmit through this Web site, including but not limited to any consent you give to receive communications from 616 Marketing Group LLC solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

616 Marketing Group, LLC   | 6743 Courtland Dr. NE #200 Rockford, MI 49341  | (616) 965-6972  |  [email protected]