Agreement Terms and Conditions
Revised 3/6/2024
General Terms
PAYMENT & REFUND POLICY:
Before work can begin, payment in full or the first payment as agreed in the payment section must be processed. If payment is delayed or not made for any reason, work will be immediately suspended until such a time as payment is received. Client understands that once payment is made, that there are no refunds. At the discretion of management, a house credit can be given. Should your account be placed with a collection agency or referred to an attorney for purposes of seeking judicial relief, you agree to pay all costs of collection, reasonable attorney's fees, expenses and all court costs. Plus pre and post-judgment on any judgment.
If Client does not complete (pay for) all months of this agreement, then any discounts become void and the full fees and the start-up fees that were waived are due and payable in full immediately to Ai Healthcare Marketing.
Client agrees to terms of automatic monthly payments with credit card listed on the agreement (if selected) for the length of the contract.
DUE DATES:
Client will fill out complete information on questionnaires and other requests for information in a timely manner. Consultant will make every effort to meet agreed upon due dates. The Client should be aware that failure to submit required information or materials in a timely manner may cause subsequent delays in the production. Client delays could result in significant delays in delivery of finished work.
RESERVATION OF RIGHTS:
All rights not expressly granted hereunder are reserved to Consultant, including but not limited to all rights in sketches, comps, or other preliminary materials.
COPYRIGHT NOTICE:
Copyright is in Consultant's name. Upon completion of work, the copyright will only be released to the Client upon payment in full.
FEES FOR ADDITIONAL SERVICES:
Changes in client input, direction or excessive changes can be charged at $120.00 per hour. Any work the Client wishes Consultant to create, which is not specified in the description section of this agreement, or in the attached proposal will be considered an additional service. Such work shall require a separate addendum and payment separate from and above that specified in this Agreement. The pricing represented in this agreement is valid only for this agreement. Pricing on future proposals and agreements may vary.
PUBLICATION:
The Consultant will have the right to use the Client's art in Consultant's advertising/marketing without written permission from the client.
CLIENT PROVIDED INFORMATION:
The customer represents that any and all information given to the Company is true and accurate. The company is not responsible for any misinformation, misprints, typographical errors or omissions. Customer hereby indemnifies and holds harmless, Affordable Image and its officers and employees from any claims and/or damages resulting from incorrect information given to the Company.
GOVERNING LAW; FORUM SELECTION:
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where the Agency operates. By proceeding with this project, the Client acknowledges that they have read.
LIMITATION OF LIABILITY:
The consultant is not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
ASSIGNMENT AND DELEGATION:
Neither party may assign its rights or delegate its performance under this Agreement without the other party's consent.
NOTICES:
The parties must send all notices in writing and give all consent in writing. A notice is effective when the intended recipient receives it.
Logo & Identity
ARTWORK FILES:
You are receiving your artwork as electronic files. Protect your art files and make additional copies as a backup. Once files have been archived into our storage, there will be a fee to retrieve them and send you an additional copy. We cannot guarantee artwork storage for future purposes due to equipment failure, theft or acts of God.
COPYRIGHT AND TRADEMARK:
When the client provides their company name or consultant gives creative suggestions, no research is been done by consultant to verify the legality or availability of these names. You should seek legal advice from a business lawyer before selecting a name for your company to avoid exposing yourself to unnecessary legal risks or violating intellectual property laws. Affordable Image makes no guarantee of the availability or legality of the names and is not responsible for any and all damages, losses and legal liabilities resulting from the use of one of our logos.
The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Work at the request of the Client.
Direct Mail
CLIENT APPROVAL:
You must submit a written OK TO PRINT prior to mailing drop date to ensure your piece will drop on the date set by this contract. Company is not responsible for any misinformation, misprints, typographical errors or omissions once the mailing proof has been approved.
MAILING LIST & RESULTS:
This contract provides 1 (one) mailing list of households that you approve prior to the first mailing. Additional name lists can be provided for additional fees according to your specifications. We do not guarantee the results of postcard mailings, results may vary. Affordable Image has no control over the number of new patients returned off these mailing.
DELIVERY:
Ai Healthcare Marketing is not responsible for acts of God, labor or government strikes, theft or delay in your approval of the artwork for mailings. Holiday and campaigns mailing dates will change delivery schedules. The US Post Office doesn't guarantee Standard Mailing delivery times and holiday and political mailing campaigns can be prioritized in front your campaign.
CALL TRACKING:
I understand that my calls will be recorded for quality assurance. My calls have an announcement stating this at the beginning of the call, which is in compliance with FCC laws. Call Tracking lines are good only for the duration of the Agreement. Ai Healthcare Marketing provides usage of tracking phone line for client use. If agreement is not renewed, phone line will be disconnected 60 days after the end of the Agreement.
PRINTING:
Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is to be expected. When a variation of this kind occurs, it will be considered acceptable performance.
GRAPHICS:
Unless otherwise specified, any artwork started or completed will remain the property of Ai Healthcare Marketing. If ownership of art is requested, a quote for that amount will be given.
WEBSITE
WEBSITE CONTENT:
Affordable Image will not design or host any website containing adult content or pornography.
DOMAIN NAME AND HOSTING:
If you need help purchasing and setting up your domain name and hosting, our team will gladly help you with this process. We will create an account in your name through GoDaddy that is directly connected to your credit card. This ensures that you maintain the full ownership of your website. Your account will be set to automatic renewal with the supplied credit card. If at any time you need to change the form of payment or make any changes to your account, that will be handled directly through GoDaddy. Please ensure that you always maintain a valid credit card on file so your website will never expire. * We do not get any compensation from GoDaddy. We recommend them because we do have an account representative that we can contact directly for any issues you may have with any GoDaddy services and technical support.
Because of the complex nature of the website coding we do, your hosting plan must be an upgraded plan with adequate resources. A low hosting plan will lessen the effectivity of your website, and significantly degrade user experience. Your website will also experience high levels of downtime if you gets an influx of web traffic, as the server will not be able to handle the resource load. If using GoDaddy, the Ultimate program is required. If using a different hosting server, we will let you know which program will need to be purchased.
To comply with current web standards, your website must have an SSL Certificate. Your listing in search engine results may show 'Unsecured' warnings if the site does not have an SSL certificate. As part of our Website Service and Online Essentials Service, we can help set this up for you with GoDaddy or where ever your website will be hosted.
To comply with regulations, your website must have a HIPAA Compliant email service. Please note, every individual email must pay a separate email fee to GoDaddy. If you are not using GoDaddy, please check with your hosting and email providers to see what HIPAA compliant options they have. Email set up is not a website service, it is an IT Service and we do not provide IT Services. We can recommend an IT Service Company if you need one, or we can work with your existing IT Company.
SEO (Search Engine Optimization) is based on individual algorithims and strategies and all SEO Companies use different approaches. We design our websites with the basic structure in place to allow for a full SEO setup to be easily deployed. This setup is part of our SEO program and will be completed after your website is live. If you are not part of our SEO program or are utilizing a different company for SEO, this full setup will not be completed on your new website.
If you have an existing website that is being redesigned, there is potential for SEO fluxuation after the launch as the search engines react to the changes. This is a normal process and will stabilize as the new website is scanned and indexed.
TECHNICAL:
Your website will be built to be viewed on desktop, laptop, tablet and mobile devices as a responsive website. Please be aware that during the development and refinement of your website, the mobile and tablet versions are refined after the desktop version. When we ask you to review your website, please do so on a DESKTOP or LAPTOP computer. Once those versions are set, the responsive design is refined for all sizes and browsers.
RESPONSIVE:
All responsive websites have a standard mobile conversion that is optimized in regards to font sizes/ scale/ etc. There will not be custom sections designed for mobile that are not already present on desktop. Any additional changes requested to the standard mobile conversion will be billed at the rate of $120/hour.
LANGUAGES:
We offer Google Translate as an option if you need multiple languages. This is a plug-in from Google which we cannot edit. The visual of the button and the language of the translation are "as is." If you would like a website with custom translation, you will be given a quote for this additional service.
SEARCH ENGINE OPTIMIZED (SEO) RICH CONTENT:
For our clients who have also purchased a package with SEO rich copy, our copywriting team will write custom text for your homepage and top ten services to maximize your keyword strategy. *If you would like to have custom SEO rich copy written for your website without an SEO package, you will receive a quote for the needed copywriting and keyword research.
CLIENT PROVIDED MEDIA:
Ai Healthcare Marketing will add up to 10 images to each service page. If a media gallery page is selected, Ai Healthcare Marketing will add up to 20 images to the gallery page. Client will have the ability to upload additional photos, and will be trained on how to do so. All media will be uploaded AS IS. Additional media uploads, resizing, and photo editing by Affordable Image will be quoted separately.
If you would like to use photos from a technology manufacturer, please send us your direct link to your downloads portal provided to you by the manufacturer or send to us via email. Please ensure you have rights to use any photos provided to us.
STOCK PHOTOGRAPHY:
As a part of every website, the use of stock photography is used to provide the imagery needed for a beautiful and effective website.
We will provide up to 10 stock photos from our sources for your website at no additional charge. If you would like to have more photos included, they can be added for $25 each. If you would like to use photos from another source, you will need to purchase those photos separately and send the files to us with the release for use on your website.
STOCK VIDEO BACKGROUNDS:
The use of video backgrounds on your website can be dramatic and eye-catching. However, it does add an additional amount of coding and the purchase of the video rights. If you would like to have a video background included from our video source, they can be added for $200 each.
ON SITE VIDEOS:
If you have other videos that you would like to use in the website (such as a tour, introduction, reviews, etc.) we are glad to include them. Simply send us a link to the video or provide the video file. These videos will be hosted on a YouTube channel created for you unless you provide us access to your existing YouTube channel.
CONTENT CHANGES:
Our websites are built on a WordPress platform to allow you to make easy changes in the future. The areas of your website that will be set-up for these changes are:
- Text changes to headlines and body copy (Please note that if your text is written for SEO, don't remove any keywords when editing.)
- Team member and location photo replacements
- Adding and removing team members
- Adding and removing services
- Updating hours and office information
If for any reason there is a change in direction for the website after page approval, including but not limited to color changes, website layout restructuring, practice or company redirection, or copy changes, a quote for these new changes will be given. The charges may be calculated per change or per hour, depending on the nature and extent of the changes requested.
Any structural changes to the website will still require someone with coding knowledge. After the website has been live for 30 days, any changes will be billed at $120/hour.
TRAINING:
As a service to you, we include a one-hour training session to cover the basic changes listed above. This can include multiple people from your office as long as they are all on the same call. This training will take place in the first two weeks after your website goes live. Additional or more comprehensive trainings are available for $100 per one-hour session.
APPROVALS AND CHANGES:
You will be receiving emails throughout this process asking for your feedback to the design. The sooner you respond via email with either- approval to move forward or your changes, the sooner your site will be completed. By simply grouping all of your changes into a single response, you can dramatically reduce your overall time. Our team works hard to make any changes in a timely manner - usually within 2 to 3 business days unless structural. Small changes may be completed sooner as the schedule allows.
Once the logo and branding direction for the website is approved by the Client, any subsequent changes or restructuring of the website will necessitate a new quote. Ai Healthcare Marketing reserves the right to issue a new quote based on the scale and complexity of the requested changes.
Once any design is approved by the Client, no changes can be made without incurring an additional fee. The fee will be calculated based on the nature and extent of the changes requested.
Excessive Changes:
If at any point during the design process, the client requested changes to previous direction or provided content exceeds a cumulative total of 4 hours of design time, a quote will be given for those changes and billed at a rate of $120/hour unless otherwise stipulated in their contract.
TIMELINE:
All websites will be launched within a maximum of 30 days once the homepage is approved by the Client. Ai Healthcare Marketing reserves the right to launch the website in phases, allowing the Client to control the content to be released or completed.
YOUR RESPONSIBILITY:
You understand that your availability and responsiveness can greatly impact the expected timeline of your website. Delays in providing text, photos and other content will delay the website launch. If you are a start-up practice, please keep us informed of any changes to your expected opening date.
SEO (Search Engine Optimization)
GUARANTEE:
No one can guarantee a #1 ranking on Google. Beware of SEOs that claim to guarantee rankings, allege a "special relationship" with Google, or advertise a "priority submit" to Google. Source GOOGLE
PARTNERS:
We hold the right to add, remove or change select features within the package to enhance results to meet the guidelines of our third-party partners (i.e. - search engines, social networks, listing networks and directories.)
SEO STRATEGY; Selected Search Engines:
The SEO Consultant formulates an overall Search Engine Optimization strategy to improve the performance of the Client's website, which the Client will list on your SEO Questionnaire.
CODE ANALYSIS AND MODIFICATION:
The SEO Consultant shall analyze the underlying code of the Client's website and provide recommendations or modifications to the code to improve the website's performance in the selected search engines. If Client has a third party website that does not allow full access to underlying code whereas The SEO Consultant cannot perform the full services of SEO the client is still in agreement to complete contract as agreed upon. A recommendation for a custom website will be proposed.
SEARCH ANALYSIS AND REPORTS:
The SEO Consultant shall monitor website traffic, generate reports based on website traffic, and provide recommendations and strategies to improve targeted traffic to the Client's website. The SEO Consultant may use various free or paid third-party tools or applications as part of this process.
WEBSITE AESTHETIC EFFECTIVENESS:
The SEO Consultant is not responsible for the effectiveness and response of the user in regards to the aesthetic value of the Client's website.
CLIENT OBLIGATIONS:
The Client has not engaged in Black Hat SEO tactics at the website, listed on front in an effort to gain traffic in the past.
THE CLIENT AGREES TO:
a) Provide administration or back end access to the SEO Consultant. b) Allow the SEO Consultant to make changes to the website's underlying code for the purpose of optimization. c) Any changes made to the website outside of Ai Healthcare Marketing can negatively affect the website SEO performance. Ai bares no responsibility if client or client authorized outside agency makes changes to the website. Additional fees will apply.
SEO CONSULTANT OBLIGATIONS:
The SEO Consultant agrees to: a) The SEO Consultant will not engage in Black Hat SEO tactics on the website in an effort to gain traffic in the future. b) The SEO Consultant has power and authority to sign, deliver, and perform this Agreement. c) The SEO Consultant has taken all necessary action to authorize the signing, deliver, and performance of this Agreement. d) This Agreement has been duly signed by the SEO Consultant, or its authorized representative or agent, and constitutes its legal, valid, and binding obligation. It is enforceable against the SEO Consultant in accordance with its terms.
COVENANTS:
The SEO Consultant covenants to: a) Use White Hat SEO tactics and accepted practices to improve search engine rankings. b) Develop a strategy to improve the flow of targeted traffic to your website. c) Provide regular reports and analysis of traffic to your website.
DISCLAIMER OF WARRANTY:
The SEO Consultant is providing services "AS IS", and disclaims all warranties, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. The SEO Consultant provides recommendations regarding current White Hat search engine optimization tactics that, in theory, should improve your website's performance in search engine rankings. However, the SEO Consultant is not responsible for search engine rankings, the algorithms used by major search engines to rank web pages, or other processes of third-party search engines. The SEO Consultant cannot predict future search engine algorithm changes; therefore, the SEO Consultant cannot guarantee results such as placing your website as the number one search result for specific keywords, or to maintain a position within the top 10 search results.
INTELLECTUAL PROPERTY:
The SEO Consultant may write code or create other intellectual property as part of this Agreement.
WEBSITE CONTENT:
The Client shall own the copyright to all Website Content created to optimize the Client's website.
CODE; NON WEBSITE CONTENT:
The SEO Consultant shall have all rights in all SEO related intellectual property that may be created by the SEO Consultant in the process of optimizing the Client's website for search engines, including, but not limited to, website code, non-website content, strategies, methods of operations, or any process, idea, or other SEO related intellectual property.
HOSTING:
As part of your SEO Services, Ai Healthcare Marketing may offer to host your website and provide an SSL Security Certificate free of charge. Your website hosting is only for the duration of your SEO services with Ai Healthcare Marketing. After the end of your SEO Services, you will have a 14 day period of time in which Ai Healthcare Marketing will continue to host your website free of charge. After this 14 day period, you will be required to procure your own website hosting service(s), or you may purchase website hosting from Ai Healthcare Marketing. Ai Healthcare Marketing reserves the right to remove your website from our hosting server after this period of time if you have not agreed to pay for website hosting through Ai Healthcare Marketing. Ai Healthcare Marketing will provide your website files to you free of charge, however, you are responsible for configuring your hosting, obtaining your own SSL Security Certificate, uploading your website files to your new hosting service, and any/all other tasks associated with the migration of your website to a new host.
GRACE PERIOD:
Client's campaign will run up to one week after the end of the contract to allow for renewal. At that time, if service has not been renewed, all work will cease unless client requests continued service pro-rated on a weekly basis for up to one month.
THIRD-PARTY CONSULTANTS:
Client agrees to not hire any additional SEO consultants or services for the length of the agreement.
ONLINE ADVERTISING
DIGITAL STRATEGY:
The Consultant will formulate an overall Digital Marketing strategy to generate an online presence of the client's digital ads.
AD BUDGET:
Ad budget is an additional cost to the client and will be paid directly by the client to the ad service providers.
ANALYSIS AND REPORTING:
The DIGITAL Consultant shall monitor traffic reports and click-through rates, generate reports based on total number of impressions (ads served), along with the number of ad clicks and the Click-Through-Rate (CTR). The DIGITAL Consultant may use various free or paid third party tools or applications as part of this process.
BUILDING OF CAMPAIGN CONTENT:
Ad and Landing Page design are pre-established to meet performance guidelines. Ongoing adjustments throughout the campaign will be implemented at the Consultant's discretion.
INTELLECTUAL PROPERTY:
The Consultant may design Digital Ads or create other intellectual property as part of this Agreement. The Client will NOT own copyright for any digital Ad Content or Landing Page Content created during campaign.
AD PERFORMANCE:
Projections for click-throughs, impressions, cost-per-clicks and any other provided information on results are provided by Ad Platforms AS-IS. The Consultant makes no claims or guarantees that these results will be fulfilled.
Ai HEALTHCARE MARKETING WILL:
Meet with the client at the outset of the contract to discuss the objectives of their digital marketing strategy, digital ads, and landing page already prepared by the Consultant.
Provide a report by email of ad impressions served, clicks generated, and an average Click-Through-Rate (CTR).
THE CLIENT WILL:
Understand that the success of the Digital Marketing Package depends on the consistency or running regular digital advertisement, and the compelling message of the digital ad campaign. The digital ad and landing page are performance tested AS-IS. Any changes that negate the suggestions by the digital Consultant and the strategy provided by the Consultant will void the stated guarantee. If monthly payment is not received by the due date, the Consultant reserves the right to halt campaign and the stated guarantee will be voided.
SEO VIDEOS
This service uses stock images/video and a spokesperson. There will not be a film or video crew, or team sent to your location. A video script will be created based on an article on your website and will be sent to you for approval. There are no revisions accepted for video production once your script is approved. Any options/requests will be honored as long as it is possible, however, client requests cannot always be completed.
There are no revisions on the finished video product as these are professionally produced videos that are recorded in studio.
Article Distribution
Article Distribution Topics, Subjects, and other Core information regarding this article/announcement may not be changed once your payment is processed, and the Article Distribution process has begun.
Your Article Distribution may be rejected if it falls under a "Gray Category / Niche". These areas include Weight Loss, Gambling, Vaping / Tobacco use, Adult Content, Impotence, Some Cosmetic Procedures or Services, Topics sexual in nature, and others. Ultimately, Article Distribution approval is subject to news network syndication standards, which can change at any time. Affordable Image has no control over Syndication topics. If your Article Distribution is rejected for any reason, we will notify you in a timely manner and provide recommendations on how to proceed.
Review Generation
Review Generation services are provided as is, and it is the responsibility of the client to use the services. No refunds will be issued for this service if the client no longer wants to use the service, or has not used it in the for the duration of the contracted time.
If you elect not to use the service to its fullest extent or utilize the service regularly, Ai Healthcare Marketing bears no responsibility for the lack of performance associated with not using the product.
If review generation is provided as a bonus service during your renewal of services or start of services, no pricing adjustments will be made for future contracts if you elect to not continue using the service.
Copy + Blogs
Copy and/or blogs are integral parts of many services at Affordable Image, including SEO, Website Development, and more. Once you have approved the topic for your copy, changes are not accepted. If you want to change your topic after initial approval, there is a $99 fee to do so.
With the exception of minor revisions, no changes will be made to copy provided as a service by Ai Healthcare Marketing unless stated elsewhere for any reason. Ai Healthcare Marketing will strive to provide the best copy possible, however, once it is a finished product no changes will be allowed. There are no refunds for copy, SEO copy, or monthly blogs.
For Copy included with Monthly SEO Services:
Unless stated otherwise, Ai Healthcare Marketing will publish copy that is produced on a monthly basis for your SEO Services without client approval. We will notify you once the copy has gone live on your website, however, unless explicitly stated in writing customer approval will not be sought. An important part of your SEO performance is consistency when it comes to publishing content, and any delays due to content approval will negatively affect your SEO Performance. Ai Healthcare Marketing bears no responsibility for degradation in SEO performance due to delays in copy approval from the client.
Website Hosting
As part of your SEO Services, Ai Healthcare Marketing may offer to host your website and provide an SSL Security Certificate free of charge. Your website hosting is only for the duration of your SEO services with Ai Healthcare Marketing.
After the end of your SEO Services, you will have a 14-day period in which Ai Healthcare Marketing will continue to host your website free of charge. After this 14-day period, you will be required to procure your own website hosting service(s), or you may purchase website hosting from Ai Healthcare Marketing.
Ai Healthcare Marketing reserves the right to remove your website from our hosting server after this timeframe if you have not agreed to pay for website hosting through Ai Healthcare Marketing.
Ai Healthcare Marketing will provide your website files to you free of charge, however, you are responsible for configuring your hosting, obtaining your own SSL Security Certificate, uploading your website files to your new hosting service, and any/all other tasks associated with the migration of your website to a new host.
Website Maintenance
As part of your Website Maintenance with Ai Healthcare Marketing, we will work to actively maintain the technical integrity of your website and optimize its performance to the best of our ability excluding factors outside of the control of Ai Healthcare Marketing.
Factors include your websites host, 3rd parties making changes to the code or content of your website, Website plugins or programs installed on your website, or hosting server that were not installed by Ai Healthcare Marketing, Content Delivery Networks (CDN's) and more.
Your website maintenance package may include a set number of hour(s) for website changes each month. These changes are non-structural. Non-structural changes are changes that do not change the structure or overall design and/or development of your website. Changing images, photos, and text are an example of non-structural website changes.
SOCIAL MEDIA
START OF SERVICE:
Ai Healthcare Marketing will not start social media until they have full access to all social media accounts, or all have been created. For new websites, Ai Healthcare Marketing will start social media posting 2 weeks before the website is projected to go live. If the client wants to start social media early (more than 2 weeks before the website is projected to go live), there will be an additional fee.
SCOPE OF WORK:
This agreement covers the outlined work up to a limit of 2 hours per week. Any additional work requested that falls outside of this will be charged extra at $120 per hour plus tax - however, no additional work will be carried out, nor costs incurred without prior consent and approval by the client.
GRACE PERIOD:
Client's campaign will run up to one week after the end of the contract to allow for renewal. At that time, if service has not been renewed, all work will cease unless client requests continued service pro-rated on a weekly basis for up to one month.
Ai Healthcare Marketing WILL:
THE CLIENT WILL: