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Smackwagon – Terms & Conditions 2016-12-22T21:16:07+00:00

Smackwagon – Terms of Use

Client agrees and understands that Smackwagon Design Inc. must invest a substantial amount of time, funds, and resources in the inception of Client’s account and, thus, Smackwagon Design Inc. requires an initial service term as set forth in your Agreement.  Any breach of the Agreement before the end of the term causes loss to Smackwagon Design Inc..  When a client, generally a small business, which may be a sole proprietorship, partnership, LLC, or corporation, agrees to service and terms from Smackwagon Design Inc., the following Terms and Conditions apply:

  1. Services Provided – Client agrees and understands that Smackwagon Design Inc. attempts to optimize various targeted keywords, cities and local business listings. Client also agrees and understands that Smackwagon Design Inc. strives to surpasses to deliver the services offered below as quickly as possible.

    1.1 First Page placement can not and is not guaranteed

    1.2 Creation and implementation of any services purchased

  2. Indemnity – Client shall indemnify and hold Smackwagon Design Inc., its successors, suppliers, affiliates, officers, directors, members, employees, subsidiaries, and assignees harmless from any and all liability including without limitation or loss resulting from any judgments or claims against Client.
  3. Billing – Your account’s first month installment is due to Smackwagon Design Inc. upon acceptance of the Agreement.  Client consents to automatic recurring charges to their credit/debit card or checking account.  Customers may request a change in their method of payment by emailing Smackwagon Customer Support.
  4. Authority – The person agreeing on behalf of the Client hereby personally represents and warrants that she/he has obtained full authority to bind Client and approve Smackwagon Design Inc.’ service.  Client’s signature authorizes Smackwagon Design Inc. to act on their behalf as SEO agent during the duration of this Agreement. Client authorizes Smackwagon Design Inc. to post, publish and or edit their business profile or internet advertisements.
  5. Communication – Client agrees to be supportive of their internet advertising campaign and agrees to be responsive to Smackwagon Design Inc. requests in a reasonable period of time, and acknowledges if they are not, it may affect performance of such services.
  6. Termination – Client reserves the right to terminate the Agreement at any time.  Termination of month to month service can be done by calling Customer Support at 916.412.1484 or by emailing Smackwagon Customer Support.  Termination of service must be received 7 business days prior to your billing date via signed phone or email. Confirmation notices are typically emailed to Client upon receipt during regular business hours.  We are open 24 hours a day. If you do not receive an email confirmation of your cancellation within 3 business days, please Contact Us.
  7. Copyright – Client agrees to respect all copyrights, trademarks and any other intellectual property of Smackwagon Design Inc..  Smackwagon Design Inc.’s proprietary methods of optimization cannot be copied without prior exclusive written consent of Smackwagon Design Inc..
  8. Conditions – Smackwagon Design Inc. may change its terms and conditions without prior notice, at its sole discretion. To document your terms and conditions for your service, we recommend that you print these terms and conditions and store them in a file or electronically.
  9. Agreement to Arbitration – Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Nevada City, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered by a California court, whereby Customer consents to personal jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a Court located in the County of Placer in the State of California.
  10. Applicable Law – Laws of the State of California shall apply to this Agreement.
  11. Updating – Smackwagon Design Inc. reserves the right without penalty, and without prior notice to Client, to upgrade Client’s listing/profile in order to meet current SEO guidelines which may temporarily interrupt service.
  12. Reactivation fees – minimum of $40.00

Our Customer Support Team thrives upon providing the best customer experience and delivering the most effective product for local businesses. Please feel free to reach our customer service department for any questions, comments or suggestions at 916.412.1484 or email Contact Smackwagon Design Inc.

PRIVACY POLICY:

We respect and are committed to protecting your privacy. We may collect personally identifiable information when you visit our site. We also automatically receive and record information on our server logs from your browser including your IP address, cookie information and the page(s) you visited. We will not sell your personally identifiable information to anyone.

SECURITY POLICY:

Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet. If you have other questions about your security processing transactions with us, please contact us.

REFUND POLICY:

Refunds are provided with existing contract agreements for web design and development services on a case-by-case basis depending on the situation, agreement between parties and are typically based on work hours completed on a given project when the request for refund is issued. Payments made for Hosting, Domains or ongoing services are non-refundable unless otherwise agreed upon by Smackwagon Design Management. Any refunds will be pro-rated based on services rendered in any given monthly period.

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