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Terms and Conditions

Welcome to the Miami Marketer web sites, which include but are not limited to www.miamimarketer.com (the “Sites”).

 

The sites and services are available to our customers and visitors.

 

Please review the following terms and conditions of use and services rendered, which govern your use of our sites and services (the “Agreement”).  Your use of the sites and payment of any invoices constitutes your agreement to follow and be bound by this Agreement.

 

We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. If you do not agree to these terms, please do not use the Sites.

1. Standard Terms and Conditions

These are the standard terms and conditions for digital marketing design & development services and apply to all contracts and all work undertaken by Miami Marketer for its clients.

2. Our Fees and Deposits

All payments shall be paid upfront before any work begins. In the event an exception is made, a 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the project. Then 25% will be submitted after 3 weeks of the commencement date. The remaining balance shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit and other payments have been paid in full. No projects or campaigns will be launched prior to the invoice being completely satisfied and no outstanding balances are pending.

The deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.

3. Supply of Materials

You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.

Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.

4. Variations

We are pleased to offer you the opportunity to make revisions to the design of pages and strategies. However, we have the right to limit the number of revision proposals to a reasonable amount and may charge for additional services if you make a change to the originally agreed specification.

Our development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged at the rate of $297.00 per hour.

5. Project Delays and Client Liability

Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in fulfillment for the work pages and deliverables. During development, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

6. Approval of Work

On completion of the work, you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.

7. Rejected Work

If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

8. Payment

All payments must be made in full. In the event that an exception is made, the client will pay a 50% deposit up front, 25% of total sale price 3 weeks after the start date then upon completion of the 7-day review period, we will invoice you for the remainder balances for the project. No projects or campaigns will be launched prior to the invoice being completely satisfied and no outstanding balances are pending.

9. Warranty By You As To Ownership of Intellectual Property Rights

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

10. Licensing

Once you have paid us in full for our work, we grant to you, a license to use the website and its related software and contents for the life of the website.

11. Search Engines

We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practice.

12. Consequential Loss

12.1 We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however, that delay arises.

Except as expressly stated, the Company shall have no liability to the Client for any loss or damage whatsoever arising from or in connection with the provision of the Services or for any claim made against the Client by any third party.

12.2. Without prejudice to the generality of Clause 9 above, the Company shall have no liability for any losses or damages which may be suffered by the Client whether the same are suffered directly or indirectly or are immediate or consequential which fall into the following categories:

  • a) Any indirect or consequential loss arising under or in relation to the Contract even though the Company was aware of the circumstances in which such loss could arise;
  • b) Loss of profits; loss of anticipated savings; loss of business opportunity or goodwill;
  • c) Loss of data; Loss of search engine rankings; Loss of website traffic; Loss of followers; Loss of access to social media profiles

12.3. To the extent such liability is not excluded by sub-clauses 12.1, 12.2 and clause below, the Company’s total liability (whether in contract, tort (including negligence or otherwise)) under or in connection with the Contract or based on any claim for indemnity or contribution (including for damage to tangible property) or otherwise will not in any event exceed the total sum invoiced for the Services.

13. Disclaimer

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Miami Marketer under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

14. Subcontracting

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

15. Non-Disclosure

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

16. Additional Expenses

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

17. Backups

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

18. Ownership of Domain Names and Web Hosting

We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.

19. Governing Law

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Miami-Dade County, Florida. You and Miami Marketer submit to the non-exclusive jurisdiction of the courts in and of Miami-Dade County in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

20. Cross Browser Compatibility

By using current versions of well supported content management systems such as “Joomla” “WordPress” and any others, we endeavor to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

21. E-Commerce

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Miami Marketer and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

22. Earnings Disclaimer

Every effort has been made to accurately represent our products, services and its potential.  There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples of these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich scheme.”

Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.

 

Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.

 

Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact, no guarantees are made that you will achieve any results from our ideas and techniques in our material.

23. Abandonment

A project or campaign will be marked as an Abandoned project when the following conditions are met:

After twenty-one (21) days has passed from the Client’s last message to the Miami Marketer contractor working on the Client’s task and the task is not marked as complete, a Miami Marketer contractor can post a message to the Client in the Miami Marketer ticket support system for the Client’s task.

If the Client has not responded in three (3) business days to the Miami Marketer contractor’s message, Miami Marketer Admin or Support will attempt to email the Client. If the Client does not respond within three (3) business days to the Miami Marketer Admin or Support email, Miami Marketer will mark the task as Abandoned.

If a project/campaign is marked Abandoned by Miami Marketer, this is indicating the Client has stopped responding and communicating with their chosen Miami Marketer contractor, regardless of the task being completed in full, by the Miami Marketer contractor. Miami Marketer will mark a task as Abandoned and will release the funds from the Client’s escrow account into the Miami Marketer account. Any previous payments made by the client will be released to Miami Marketer without prejudice and will not qualify for a refund. Any outstanding invoice shall be paid immediately by the client.

In the event that the client wishes to continue a working relationship, a new estimate will be delivered for the project. Partial credit from any previously paid project may be considered by Miami Marketer on a case-by-case basis.

The Miami Marketer contractor may or may not receive any part of the Client’s funds from the Client’s escrow account, to be determined by Miami Marketer and based on factors such as evidenced work completed. The final decision will be made by Miami Marketer as to whether the Miami Marketer contractor will receive any of the Client’s funds being released from the Client’s escrow account, and based on available chat logs, emails, and other forms of electronic communications provided by the Miami Marketer contractor and relating to the specific task.

24. Shipping and Refunds of Physical Products

On occasion, Miami Marketer will offer physical products throughout its affiliate channels. An estimated delivery time will be provided to you once your order is placed. Delivery times are estimates and commence from the date of shipping, rather than the date of order. Delivery times are to be used as a guide only and are subject to the acceptance and approval of your order.

Unless there are exceptional circumstances, we make every effort to fulfill your order within [30] business days of the date of your order. Business day means Monday to Friday, except holidays. Please note we do not ship on [Sundays]. Date of delivery may vary due to carrier shipping practices, delivery location, method of delivery, and the items ordered. Products may also be delivered in separate shipments.

Due to a large number of orders received, shipping times may be increased. In the event the customer has not received their product after 12 weeks, the customer shall contact Miami Marketer with a transaction number. This transaction number will be reviewed and if found that it has indeed not been sent, the company will issue the client a refund.