Terms and Conditions
These are the general terms and conditions for clients of Search Traffic Now “STN”. Search Traffic Now is a digital agency that provides web design and marketing services to small and medium-sized businesses. The company builds websites and offers a full suite of marketing services including pay per click, SEO, SEM, B2B, B2C, email marketing, and more. These are our standard conditions with each contract.
MINIMUM CHARGES: In general, all Services in this agreement have a minimum time period (“MTP”) of 3 months. In the event the Client terminates any Service prior to the expiration of the MTP, Client shall immediately pay SearchTrafficNow (“STN” and or “Company”), the Recurring Monthly Management Fees that would have been due for the remainder of the Minimum Time Period and the next month. Such payment will be due and charged immediately upon Termination of Services prior to the end of the MTP.
CHARGES: Web design, development and marketing fees are billed on or before the 10th of each month. Charges may include fees, media costs and other agreed upon services and products. Client may see “SearchTrafficNow” and or direct charges from Google, Facebook, etc. Additional website design, enhancements and extra hosting fees will be billed at $50 per hour. Clients are responsible for all credit card charges which must be in good standing to avoid suspension and STN reserves the right to either suspend or terminate any account, including deletion of your listings. Client may request additional services from the order form, these requests may be made verbally, via email and once ordered are the financial responsibility of the Client under the terms and conditions herein. Client will be responsible for any all reasonable expenses and/or costs (including attorneys’ fees) incurred by STN in collecting any amounts due included in this agreement. All charged fees are non-refundable.
OWNERSHIP: Upon completion of payment of design services all and website content & client supplied images shall be the sole ownership of Client. For countertop/cabinet site, images licensed to client by STN are included as a part of the hosting program but are not licensed in perpetuity. Upon termination, Client can license images for $175 per month. Client is responsible for any costs to transfer media to their respective hosting environment. The general cost of the transfer is $300.
EFFECTIVE DATE: The “Effective Date” of these Standard Terms and the Order Form will be the date Client signed to accept and submitted an Order Form to initiate Services in connection with these Standard Terms.
TERMINATION: After the MTP, the Client agrees to provide (30) day notice for any termination. Any previously charged management fees are not refundable. Client agrees to be responsible for service fees and any media charges during this period. STN may terminate this agreement if Client does not pay either the management fee or media costs within 5 days of notification by STN to Client. All unpaid management fees will become due and payable. STN may suspend or terminate Clients participation in any Services. Standard Terms regarding Indemnification, Warranty, Data and Payment shall survive any Termination.
INDEMNIFICATION: Client agrees to indemnify, defend and hold harmless, STN, its Partners, agents, affiliates, and licensors from any third-party claim or liability (collectively, “Liabilities”), arising out of the Data, Client information, use of any Services, Web Sites, Client Web site(s), or any breach of these Standard Terms. All affiliates are deemed third party beneficiaries of the above indemnity.
WARRANTY DISCLAIMER and LIMITATION OF LIABILITY: STN will make commercially reasonable efforts to provide the Services for Client in a workmanlike manner and to make sure that the Services do not and will not knowingly violate any law or regulation. STN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PURPOSE. NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO CUSTOMER’S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO STN BY CLIENT FOR THE TERM OF THE ORDER FORM GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including without limitation to acts of God, government, terrorism, natural disaster, labor conditions and power failures.
NOTICES: All notices to shall be sent via overnight courier or certified mail, return receipt requested, to STN, 40 E. Montgomery Ave, Suite 212 Road, Ardmore, PA 19003 or via fax: (484) 222.2523
CHOICE OF LAW: Any dispute referring or relating to the Agreement or between the parties shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws principles. Client agrees to submit to the exclusive jurisdiction of the state and federal courts located in Montgomery County, Pennsylvania. Any claim against STN arising from these Standard Terms shall be adjudicated on an individual basis and shall not be consolidated in any proceeding with any claim or controversy.
MISCELLANEOUS: These Standard Terms along with any Order Forms and Payment Authorization Forms constitute the entire Agreement (the “Agreement”) and understanding between the parties regarding the subject matter contained herein and supersede all previous communications.
GENERAL DESIGN & MARKETING SERVICES:
