The following agreement is between "you", the visitor, client or prospect, and "the company" also know as SCM Web Team. This agreement is in place from the minute that you enter this website or interact with any said members of SCM Web Team and are aware of such website. Since this is an Internet marketing environment, you agree that it is your responsibility to investigate this website and all information contained in it to determine if you wish to do business with our company in any way which also includes using this website. If you disagree with any part of the terms of this website or the company then you agree to leave this site immediately and do not employ our firm. If you continue on this site or engage our firm, you agree to all of the terms in their entirety. The following covers the remainder of the terms and conditions but is not an exhaustive list as their are other agreements on this website as well. This site may/will be updated on a regular notice and you must keep up any changes to date with its terms as this is your responsibility as they can and will change without notice. The remaining terms and conditions are as follows:
1. By visiting this website (as of the date you visited and perpetually ), you agree to thoroughly read through this entire agreement and any and all terms and conditions, statement of policy, procedures, FAQ's and terms of service of our company from this and all websites affiliated with www.scmwebteam.com . You as a visitor, prospective client or client, agree to enter into a legally binding contract by visiting this site or by being known or associated with our firm, it's associates, owners, including its subsidiary, and any and all associated (hereinafter also referred to as company.)
2. In the event of any dispute between the parties which arises under this Agreement, such dispute shall be settled by mediation/arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association (or a similar organization chosen by the company using AAA rules and procedures) in effect at the time such arbitration is initiated. One arbitrator shall be selected using AAA procedures outside of and not a part of the court system. The arbitrator shall use all reasonable efforts to minimize discovery dramatically to include unnecessary procedures and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The hearing shall be conducted in El Dorado County, Placerville, California. No other court or jurisdiction shall have any authority over any claims and only the company has the right to change county venue. The decision of the arbitrator shall be final and binding upon all parties without appeal.
The prevailing party shall be awarded all of the filing fees and related administrative costs. Administrative and other costs of enforcing an arbitration award, including the costs of subpoenas, depositions, collections, transcripts and the like, witness fees, payment of reasonable attorney's fees, and similar costs related to collecting an arbitrator's award, will be added to, and become a part of, the amount due pursuant to this Agreement. Any questions involving contract interpretation shall use the laws of California. An arbitrator's decision may be entered in any jurisdiction in which the party has assets in order to collect any amounts due hereunder. EACH PARTY TO THIS AGREEMENT KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT TO A JURY TRIAL IN ANY LAWSUIT OR OTHER PROCEEDINGS OF ANY NATURE WHATSOEVER BETWEEN THE PARTIES WITH RESPECT TO THIS AGREEMENT. If either party fails to follow this agreement, then they are in default and the opposing party is not bound by any other filing in any other jurisdiction. The flavor of this agreement to is to settle any misunderstandings efficiently, minimizing harm as much as possible and to get the parties to a fair and reasonable resolve. This agreement is not for attorney's to charge unreasonable fees or cause disturbance in either parties business for the gain of the attorney or opposing party. Only reasonable attorney's fees will be awarded and excessive fees will not be acknowledged. The arbitrator must exercise caution in allowing absorbent attorney fees based upon the complexed or lack there of, in any case. Attorney fees may be appealed.
3. As a client of the company, you agree that at no time will you try and cause the company any harm regardless of any outcome or situation. This includes any bad mouthing, gossiping, negative postings, bad press or anything that would cause harm to the company both directly, indirectly, through a third party, or accidental. If such act is committed, then you will assume any and all liability from this damage. You must keep all matters confidential except for any positive recommendations or testimonials. If a negative posting is found inaccurate or harmful and is disguised, we will employ forensic computer scientist to discover the IP address, or any other information to discover an hidden identities and will seek damages.
4. When you engage the company for work which can include websites, social media accounts, postings, logos, URL's, graphics, etc, all websites, logos, social media, or any media created by the company are the property of the company until all charges for work are completed, there is no outstanding balance and all work is completed and signed off by the client. No claim of liability, harm or otherwise can/will be claimed by the client/customer. This includes even if there is a dispute over fees. Once a judgement has been rendered by the arbitrator, then you will own all rights and still may not claim any harm. Any property will belong to you when all requirements have been satisfied under the agreement.
5. Any website, campaign or otherwise performed by company may/will be suspended temporarily or permanent once client is in default on payments or terms and conditions. No damages may be claimed if your website, campaign, social media or other wise is removed. Proceed at your own risk when it come to having your website with our firm. We are not responsible for any claims that may arise from using our service as time is of the essence when it comes to payment or performance.
6. Insurance is your responsibility for protecting your website or any harm that may arise in the event that your site should go down, become in-operable or cause you any harm. The company is not responsible for any harm that arises out of the use of your website as there are conditions that may arise that we cannot be held responsible for. We are responsible to perform the work requested and the hosting or survival of any website or digital products. It is your responsibility to protect all material and websites.
7. At the end of your marketing contract, you are responsible for how you will be moving forward. What this mean sis that if you no longer wish to continue with your contract then you must send in an email or a letter to our mailing address and state that you want to no longer continue on with your marketing contract. You will also need to decide how you want to handle maintenance and hosting if you have a website with us. You agree that you will give us 30 days advance notice in writing of your intentions before the next billing cycle other wise you will incur additional charges. If you wish to transfer your website to your own platform, then there will be a $125.00 an hour charge to move it.
8. The company is not responsible for any third party links or any content of those links. Please proceed with caution when clicking on links. This also includes any links that we may employ on your website or social media.
9. All content is the responsibility of the client to be reviewed and approved even if we write the entire content. You are paying for the writing and not any legal services whatsoever as we are not attorneys. If you are concerned with any content or postings, then seek the counsel of an attorney. Client has the responsibility to have any information removed that the client considers harmful or unlawful. You agree to hold company harmless and defend the company against any and all claims from your sites content whether paid for or not from any and all claims.
10. No promises have been made outside of a written contract or this website and verbal agreements will not be honored. Written contract refers to a legal document signed by both parties. Emails are just a form of communication only and are not a binding contract unless both parties acknowledge the email as a consented contract. No promises of any outcome will be honored. We are engaged for results of work and not performance of search engines, social media sites or any other type of third party entity. These external sites, search engines, etc change regularly and thus we have no reasonable control over them.
11. Any financing provided by company is a privilege and not a guarantee of any continuation of said financing. If you fail to stick to the terms and pay after your payment due date, then you are in breach of your contract. No monthly invoicing is guaranteed or an indicator of payment due. Your due date is written on your contract and agreed to in advance and time is of the essence when it comes to making payments. There is no grace period even if one occurs buy chance or circumstance and we do not accept new terms.
12. All work will be performed in a reasonable time period as determined by the company and the work requested. Specific deadlines are to be agreed upon in advance and must be inserted into contract. Meeting a specific deadline is a strain on the company and may incur additional charges to the contract.
13. The company does not agree to only perform work for 1 client per industry. We do however agree to not compete directly with your company based on any information or knowledge received during our transaction with you. Our company has a strict confidentiality policy and we adhere to it. Your information is kept in secret and will not be exposed.
14. The company has the right to advertise that we have performed the work for your company unless agreed to in writing ahead of time. We reserve the right to obtain a reference for performing work on your project as a condition of engaging our services. The price will reflect public acknowledgement unless agreed to in writing and compensated accordingly. If we are a sub-contractor working through you then we will utilize you as a reference as well as the client unless acknowledged differently.
15. All work will be performed in a live manner on a temporary or permanent URL unless agreed to in writing ahead of time. We use this technique to get your site indexed quicker. We are not responsible for any damages that you may claim arising from this action.
16. As a visitor to this website, you agree to not divulge any information to any third party for any reason with out the permission of the company. We reserve the rights to any and all information, trade secrets, language or graphics located on this site and any site connected to it including individuals involved in these companies.
17. Information on this site may changed at any time without notice and it is your responsibility to keep up with any changes on a regular and immediate basis. This is a perpetual agreement and will not be revoked at any time.
18. Severability - If any part of any agreements, terms or conditions on this site are found unlawful, then the remaining parts are still in effect and binding and the unlawful portion will be removed.
19. SCM Web Team, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”), shall not be liable for, and clients/visitors releases company and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement.visitors/clients further agrees to release SCM Web Team and its affiliates from all liability arising from or relating to the promotion or operation of his or her website or business and any activities related to it and agree to indemnify SCM Web Team for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that client/visitor undertakes in operating their business. No other agent at any time may be named in any arbitration except SCM Web Team as this is the form that you are contracting and attaching anyone else to the claim is harassment and unreasonable.
20.This agreement is not transferable and visitors or clients may not delegate any of its duties without written permission from the company.
21.If a client or visitor wishes to bring an action against company for any act or omission relating to or arising from the Agreement, such action must be brought immediately within 14 days from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against SCM Web Team for such act or omission. Client/visitor waives all claims that any other statutes of limitations applies.
22. All social media sites operate independent of our firm and thus we have no control over their policies or procedures. This is a rapidly changing environment and is next to impossible to keep up with over 499+ social media sites and their policies and there for you agree to hold us harmless in any and all cases where a social media site shuts down your account, bans your account, removes any content, closes the site, or any other action that may occur.
23. Reasonable communication is communication during a project that does not hamper in the completion of your project or anyone else's. Excessive phone calls, emails and other communication that is excessive in nature will either be ignored or billed for. The amount of reasonable communication you are afforded will depend on the amount or size of your project. For example, a $500.00 dollar project does not warrant 5 phone calls, 10 emails and texting to a personal or company cell phone. Also, communication should be short and to the point for small projects.
24. Logos once paid for as well as custom graphics become the owner of the client as a whole. Pieces or photos or graphics as parts may be recycled or re-used to make up other complete pieces unless paid for and spelled out.
25. All content on this site belongs to SCM Web Team and their ownerships and any unauthorized use will cause liability for you and your firm and we will seek damages. It is easy to contact us if you wish to use any of our material. Videos may be reposted or re-purposed as long as full and correct and complete credit is given to our firm.
26. Websites and seo take time and unless a specific promise has been made, we will work diligently always to get your project complete on time and professionally done.
27. We guarantee our work free from defect for a period of 180 days. a defect is something that was done wrong or incorrect and does not work the way it was intended. This does not include hosting of the site, social media sites, or any third party software or hardware. This guarantee covers SCM Web Team and the work that is performed and provided.
28. If your monthly payment is declined, we will try again every day until it goes through. After the second attempt, we will charge a $5.00 processing fee/administrative fee for the transaction. Checks that bounce, have a stopped payment put on them, identity theft payments will incur an administrative fee of $35.00 plus you will be responsible for any financial damage that may occur due to your negligent actions which could be NSF fee's by our financial institution, return check fee, etc.
29. Unauthorized chargebacks will create damages for the following reasons; 1 is that the money that was due is no longer available. 2. We maintain a solid credit card processing account and excellent standing and too many chargebacks hurt our standing and reputation. Chargebacks will only be authorized if you have a judgement from an arbitrator and we have not paid back any fees that are due to you per the award. There are no exceptions. Initiating a chargeback with your banking institution and causing harm will initiate collections or arbitration and damages will be sought plus fees that occur due to the incident as well as all collection fees, attorney fees and arbitration fees. 3. Limits our ability to transact business due to the removal of said funds. Reversing the transaction takes 45 days through the banks even if you call up and say "it was my fault please reverse." You agree that all chargebacks will incur a $200.00 administrative fee plus any other fees occurred due to your action.
30. Our hours of operation are Monday through Friday from 9am - 6PM Pacific Standard Time.
31. We retain the ability to have independent contractors who work for our firm to be located in any part of the world. At no time will you try and contract them directly by removing us for a period of 2 years. Once the elapsed time frame has occurred, then you may engage with caution. Your right to engagement is performed by sending us a certified letter stating that in 2 years from this date, you intend to hire this person providing they no longer work for us.
32. Any disagreements must be put in writing and mailed to: P.O. Box 582 Cool Ca 95614 or email to : email@example.com and you must request an acknowledged receipt from our firm.
33. The company reserves the right to remove themselves from your project any time if you become unresponsive, irrational, or difficult to deal with which also includes not cooperating in the completion of your project. If this should occur, the company will send an email and a registered letter to your company stating that we will no longer be completing your project. The company has the right to bill, retain and charge for all fees included in the project per the contract. We will provide 2 warning letters at your expense before we pull out of your project so that we are perfectly clear on our communication with you. You give up any right to a chargeback or your fees without an award from an arbitrator per this and all agreements.
34. Hosting - SCM Web team guarantees a 90% uptime on your website as we cannot control the world wide web. Hosting is paid in advance and is non-refundable and you agree to hold harmless SCM Web team from any negative effects from having your website not up. Use our service at your own risk.
35. Premium customers receive priority at all times when it comes to service, repair, hosting issues and more. A premium customer is someone who currently pays SCM Web team a monthly fee for services which helps to ensure a quick response in the time of need.
36. If you are a hosting client only, then the only liability is for hosting and only situations under our control. Without a service agreement, SCM Web Team has no liability to your site or needs. Total liability only extends to the money you have paid for hosting.
37. All work will be performed to the best of our professional ability and quality.This is judged within reason and no unfair or unreasonable standard may/will be applied. Please check out all work we have displayed for you in advance before making a decision to move forward.
38. All additional work, changes, revisions, add ons, etc to your original contract will be charged at $125.00 - $250.00 an hour. This includes mobile apps, website changes, additions, social media, website repair, videos, etc. If you request the work and it is completed or if it is needed to continue with campaigns, marketing or the normal course of business then you are liable for the additional charges. There is no free changes except what is spelled out in your written contract.
39. All work should be submitted in writing as this is the best way to eliminate confusion or have any misunderstandings however if you are a part of on going marketing and you want to cal up and order more work, text or send vague emails then this will be accepted by SCM. If SCM has any questions then you will be communicated with promptly before work will be completed. If there are no questions then SCM will go to work promptly to completely requested work.
40. Webiste Repair is when your website is down, hacked, or not working as originally created. Websites have issues all the time and is a normal part of having a website. Websites are also always under attack by external forces and people and is not a known activity that can be gauged in advance. Maintenance and repair are 2 different tasks and are not to be confused with one another. Even if you have a maintenance subscription you will be responsible for any additional charges for repair work or hacked website work but generally at a discount. Website repair is generally charged on an hourly basis and at an average hourly rate of $150.00 an hour unless otherwise negotiated.
41. Maintenance Subscriptions can be purchased in advance and will entitle your website to be monitored and checked on a regular basis. Maintenance includes monitoring of the site, checking for broken links, checking for distorted graphics or to see if the website has been hacked or disrupted in any way. This is a month to month basis and can be canceled with a written 30 day notice.
42. You agree to secure all work with SCM Web Team with a valid credit card on file at all times. You also agree to never initiate a charge back with your credit card company at any time an doing so is a breach of contract and creates liability for you and your company and you agree that this terms and conditions is proof against your charge back with your bank. You agree to have the dispute settled in our favor as the provider and your bank will not fight it past the point of initiating this document as you have already received the benefit of the product or services agreed upon. Initiating a chargeback against our firm or associated company is a clear initiation of harm you are trying to cause and will be cause for liquid damages against your firm or company as we take our reputation serious with our bank.
42a. If a chargeback is initiated and harm has been done ( ie: funds held or removed, claim against our merchant account, suspension of accounts, or anything related to your breach of contract due to a charge back, then you agree that you will forfeit any rights to work completed and that property is owned by SCM Web team until full restitution is made or liquid damages are agreed upon and paid to SCM Web Team. You agree to be fully responsible for charges of $150.00 an hour to collect, restore accounts, or anything related to the breach of contract.
42c. The client is responsible for additional charges, fees, administration fees and more when it comes to the harm cause by any chargebacks, any work to correct, work done to recover any property of SCM not paid for and more. The amount of charges for this additional work is charged at $125.00 plus any incurred fees, fines, penalties and more. Any discounts offered will be removed and become due as well as these were done in good faith.
Affiliates, White Label, Sub-contractors or 3rd Party Partners
If you agree to resell our services in any way, then you are not only agreeing to any of the above terms and conditions but the following as well:
43. At no time will you ever break the trust or privacy of the client. You must at all times keep all information received through us as private and confidential and ensure that it does not get into the hands of another party both directly and indirectly. This includes any ad work, graphics or any work created by SCM Web Team.
44. You will only represent the company in regards to work detail and production and never accept or take work from our clients for a period of 2 years after the last contract that you accepted from us. You will not solicit for any work or cause us any harm or embarrassment at any time.
45. Any deals you make with your client that was not agreed to by the company may/will not be the responsibility of the firm.
46. Chargebacks are not allowed for any work paid for after the fact without an award from an approved arbitrator. All claims for chargeback must be made within 30 days of work completed in order to be considered eligible for chargeback regardless of type of credit card. This is done to be fair to all parties at all times. Initiating and completing a chargeback without an award will be grounds for breach of contract and client will be responsible for fees and damages. In order to go on record of a dispute of charges you must send written objection to SCM Web Team via mail to PO Box 582 - Cool, Ca 95614 within the time allotted above. Time is of the essence on any dispute with no exceptions.
47. You agree to hold us harmless from any work that you engage in and you must defend and take care of any damage that may arise from your contract that is independent of us.
48. All charges paid to SCM will be done by credit card (unless otherwise agreed upon) and as such your credit card statements will be your invoices for record unless invoices are requested up front or before hand. If invoices are requested after the fact, then an administrative fee of $110.00 will be charged per hour to gather, reconcile and send to client. This can be very time consuming and laborious and because of that SCM charges for any and all time spent working on clients account or behalf.
49. All time is charged by the hour and while working on clients account for work, collections, accounting or anything related to the clients account to include any arbitration or collections. There is no such thing as providing work free of charge. This is called good faith discounting and can and will be revoked.
50. All work is charged and billed for either in advance, as we go or in arrears. All charges for work are due regardless of when the work was completed or billed for.
51. All parties agree to cooperate at all times and will never do anything that will harm another party to an agreed contract with our firm. You must act in good faith at all times with no exceptions.
52. At no time is anyone individually responsible for any liability for SCM Web Team. You are contracting with a legal entity and that entity is the legal, responsible party.
53. Severability: if any part of this contract or any written contract is found to be unlawful, all other parts of any written contract are still in effect without exception.
You agree that you have fully read all of the terms, conditions, policies and procedures on this site and agree to be held in agreement of all terms without exception. All parties must act in a timely manner and of good faith at all times without exception. If you have engaged with with SCM Web Team then it is a given that you have visited this website in checking out their work as a part of normal practice or business. You also agree to be bound by any written contract both signed and implied by continual use of services and payment.