Terms of Service / Agreement
The following describes the terms on which First Web Marketing, Inc. herein “Company” offers services to subscriber. In this agreement You the Subscriber is sometimes referred to as You, Your, Their, Party and/or Subscriber and Company is sometimes referred to as Company, Party, We, Our, Us, FWM, or First Web Marketing, Inc.. First Web Marketing, Inc. has various domain names in which it does business under all of which are owned by Company.
You agree that by using the services of FWM you are agreeing to the following terms of this Agreement below and the general policies of services from Company and/or our subsidiaries. Before you can become a Subscriber of FWM services, you must read and accept all the terms and conditions of this Agreement. By agreeing to this Agreement you agree to be bound by the Terms of Service found herein.
Your initial payment and continued payment for Our Services and/or digital signature confirms your acceptance of Terms of Service.
This Service Agreement supersedes any other written or oral communications, understandings and agreements.
All Services of First Web Marketing are available on a Month-to-Month Basis and can be cancelled by either Party upon 5-day written Notice.
Additional Terms of Service:
The Terms of Service found herein may not be assigned by You without prior written approval from Company. FWM may transfer or otherwise assign rights of this Agreement or any part of this Agreement to any other Party at Our sole discretion.
We make no representations or warranties whatsoever as to what rankings your keywords or map listings will hold in the rankings of the search engines. Search engine algorithms that determine placement are private and are constantly changing and no one can guarantee placement and ranking of keywords or maps or other forms of search rankings. You grant us the authority to make posts and/or changes to Your social media accounts, search engine accounts, webmasters accounts, map listings and other accounts as needed for Our web management services. We make no representations or warranties whatsoever as to the results, placements and popularity or Your Social Media accounts and any and all other Web related marketing. Additionally, we make not representation or warranties as to the response, return, calls, clicks and new clients you will receive from any paid efforts from our services or any third party services we may manage on your behalf such as Pay Per Click (PPC), paid social media efforts and other marketing efforts. We in no way guarantee exclusivity in any market or city in any way whatsoever.
You may not transmit, distribute, download, copy, cache, host, or otherwise store any information, data, material, or work that infringes the intellectual property rights of others as required by the any law or regulation. Additionally, Company has the right to disable access to, or remove, infringing content to the extent required under any law or regulation.
You agree that you will not use any robot or crawler or other automated process to access the Websites for any purpose without our express written consent. You may not re-direct, bypass source code, use a third party hosting service and/or an alternate provider in conjunction with our website(s). Our website(s) we create for Your business may have hyperlinks back to NolenWalker.com or other FWM websites. Additionally, we may use your website and affiliated web related items (design, content, blog, webmaster accounts, social media accounts, mapping, programming, etc…) for Training purposes (training might include our staff, training to the general public and training for an affiliated entity) and references.
Our websites are produced with either no money or very little money down from the Subscriber and are thus owned by FWM. The monthly ongoing fee for our hosting, search engine optimization, ongoing programming creation and maintenance, and other webmaster services allows continual ongoing usage of the site that We own. However, at any time the Customer may buy-out the website, design, content and domain for $3,500.00 (three thousand five hundred US Dollars) and only then the website, design and content can be transferred to any hosting company of their choice and only at this point would the Customer own the site. If your site has city pages, they are not part of the buyout. City pages are made with our proprietary software and as such city pages are not transferable outside of our platform. Any proprietary software or plugins will not be transferred. All other design, pages, content etc… will transfer on buyout. This purchase fee does not include any specialty programming that may have been created at Companies sole expense. If Customer would like to purchase specialty programming for continued use then an additional fee of $12,000.00 (twelve thousand US Dollars) is required. The monthly service fees paid in no way buys down this buy out amount nor does it count toward it in any way regardless of the time frame of payment. The monthly amount is for our webmaster services, ongoing program maintenance, and Internet marketing work that we would charge whether or not the Customer owned the site. The site buy out option is for a one user license. The client may not copy the site with intent to distribute or copy the site for commercial purposes or to compete for services with Company.
Only FWM has access to the FTP Servers where our Websites, Websites via Subscription, Content, Source Code, SEO (search engine optimization) Work, Programming, Processes, Logos, Domains / URL’s and Designs are stored. If you need changes made to the website then you may contact FWM for any changes to be made to the website and we will execute such possible changes. We do not give out access to our FTP Servers or Websites for any reason whatsoever. We typically do not work in conjunction with third Parties in any way with our websites or work that we do. We reserve the right to deny server or website and other related web access to any third party for any reason whatsoever. Company reserves the right to work with third parties in conjunction with our services at our sole discretion.
We may limit, suspend or terminate our Services if we have reason to believe that You are violating any Terms of Service of this Agreement or any online laws or regulations including but not limited to the CAN-SPAM Act of 2003. Additionally, we may terminate this Agreement at our sole discretion at any time without notice.
You may NOT frame, create derivative works from, transfer, access, modify, copy, distribute, transmit, display, perform, reproduce, publish, license or otherwise use in whole or in part any part of the Website(s) or Subscribed to website(s), except for the purposes expressly provided herein, without our prior written approval. FWM reserves the right to modify the content and Source Code for Optimization (SEO) purposes so that the Website(s) may show up in the search engines for specific city related combinations or other keyword terms and phrases.
All rights and remedies given to FWM in these Terms of Service are of a cumulative nature and not exclusive of any other rights or remedies that We may otherwise have. Modification, waiver or amendment of any of these Terms of Service shall NOT be effective against FWM unless in writing and signed by an executive officer of the Company.
We are not responsible for paying any Taxes, penalties or fines levied upon You by any State you conduct business in. Additionally, we are not responsible for paying any other fees associated with the website such as phone tracking charges, pay per click fees, social media fees etc… (FWM does pay for basic hosting of the website).
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
All website materials previously owned by you shall remain yours, including but not limited to pre-existing design, pre-existing content, pre-existing pictures, pre-existing logos, & pre-existing domain names. Any Intellectual Property created by Us, including but not limited to designs, content, pictures, coding, programming, & SEO processes, will be the sole property of FWM and protected under Federal Copyright Law and all right, title and interest in such is the exclusive property of FWM.
We shall make reasonable efforts to create backups of Your pre-existing website so that in the event of termination of this Agreement FWM will revert everything back to the original conditions before We began our services. FWM makes no guarantees that We will be able to revert all information back to its original condition due to the nature of the online environment and access limits we may have or had. In the event FWM is unable to revert Your site back to its original condition, FWM will create a 1 (one) page site similar in design to the original site.
If you wish to purchase Our Intellectual Property for use after the termination of this Agreement you may do so for a separate One-Time fee as laid out in this Agreement. Monthly payments made to FWM for work to the site shall in no way be considered payment for Our Intellectual Property nor Website and in no way grants you continued use of such property after the termination of this Agreement.
Subscriber Owned Domain Name:
Company is not responsible for maintaining or keeping the Subscriber owned domain or .com active. The Subscriber shall maintain and pay for their own domain name and is required to keep their account in good standing with Their registrar. FWM does not own Subscriber’s domain name.
Our Limited Liability:
You will Not hold FWM liable for any losses or damages whatsoever, financial or otherwise resulting from the use of FWM website(s) and services including but not limited to; the website(s) server issues, changes to search engine algorithms, changes to your social media accounts, transmission issues, content issues, source code issues, programming issues, processes, designs, SEO work issues, failure to post content of any type, loss of data, change in keyword rankings, change in map listing ranking, change in social media likes / followers and/or change in how the site(s) / maps / social media showed up on the Internet in any way whatsoever, service interruptions or any failure of the website(s) to work properly for any reason or third party complications or computer viruses or any reason whatsoever.
We make no representation that you will receive any level of benefit, calls, leads or new clients. Your expenditures for all marketing is your sole responsibility. Spending money on Webmasters, Design, Content, SEO, Custom Programming, Mapping, Pay Per Click (PPC) is no guarantee of new business, clients or sales of your services or products. If at any time you feel that you are not happy with your return on any monies spent then it is your sole responsibility to cease services. FWM makes no refunds for any reason whatsoever on services we perform or render nor do we refund other 3rd party services we may manage for you such as your Pay Per Click (PPC) budget, Social Media advertising or other monies you spend on the Web or for marketing and branding purposes.
In any event Our complete liability to you for any reason whatsoever shall not total more than $250. You have had the opportunity to discuss the limitation with Our representative and You understand that you may buy higher Limitation of Our Liability by paying an additional Fee to the Company.
Our Rights, Title and Interest in FWM’s Rights to Our Websites, Content, Source Code, Processes, SEO (search engine optimization) work, Programming, Logos, Domains / URL’s and Designs, Limitations of Liability, Indemnification, Limitation on Lawsuits and other Rights of Ours and Limitations of Liability found herein shall survive the termination of this agreement.
We may email You notices or mail notices to any email address or street address that you have provided to us. It is your responsibility to keep your email addresses that we have on file for you updated and accurate. If emailed then notice shall be deemed to have been received 24-hours from time email was sent.
Disclaimers of Warranty:
The information, products and services on the website(s) are provided on an “as is”, “where is” and are only at your sole risk with no express or implied warranties given by Company. We disclaim all express and implied warranties, including without limitation, warranties of merchantability, and fitness for a particular purpose, of error free uninterrupted services or that the information on the website(s) will meet your needs or expectations. We shall not be liable for any harm caused by the transmission of computer viruses or other programming device that may cause damages to the website(s), changes in keyword ranking, map list ranking, social media presence / likes or changes to the search engine’s algorithms and/or loss of business in any way whatsoever. Additionally, we shall have no liability whatsoever for actions or disruptions of any third party.
You hereby indemnify and hold Company and our Agents, Subsidiaries, Officers, Directors, Joint Ventures and Employees harmless from any claims, actions, proceedings, losses, liabilities, damages or demand, including reasonable attorneys’ fees and expert fees and costs, made by any third party due to your violation of any Laws or the Rights of a third party or your breach of this Agreement.
Limitation on Lawsuits:
This Agreement shall be construed in accordance with the laws of the State of Texas, entirely independent of the forum in which this Agreement or any part of it may come up for construction, interpretation, or enforcement. Both Company and Subscriber agree that no lawsuit or any other legal proceeding connected with this Agreement shall be brought or filed more than one year after the incident giving rise to the claim occurred. In addition, any such legal proceeding shall not be heard before a jury. Each party gives up any rights to a jury trial unless prohibited by law. Any lawsuit brought by either party to enforce this Agreement shall be brought in Tarrant County, Texas.
Fees for our Services:
Services are offered on a monthly basis and as such there are no refunds for any reason whatsoever.
All subscribers are setup for recurring payments for our monthly services. It is the obligation of the Subscriber to notify FWM at least 5-days prior to billing for billing account changes.
FWM is not responsible for cessation of Services due to non-payment on declined charges or inability to receive payment on an account.
Company charges a monthly Fee for our services depending on which Plan you subscribed to. We take payment via auto credit, debit or ACH. All Fees are due at the first of each month for the month that the service is to be provided. Your monthly billing amount will be established upon set up of the website. The monthly payment is subject to price increases for inflation and costs of doing business. All charges are considered delinquent on the 5th of each month if not paid. If the Subscriber’s account becomes delinquent then FWM reserves the right to suspend Your account without notice until full in arrears payment plus any tax, collection fees and any other fees are made. Account suspension may result in website(s) going down if we host the website or domain name. PPC Management accounts are sometimes billed in advance depending on the package so PPC accounts may be taken offline for non-payment prior to the intended month of service. Additionally, non-payment would result in dropping of enhanced listings that FWM may have paid for on Your behalf as well as stopping any and all other work we were performing or supporting for the site and/or web presence as a whole.
Headings found within this Agreement are for Reference purposes only and in no way limit the scope of extent of such section. The entire Agreement between You and First Web Marketing, Inc. is written in this Agreement, this replaces any earlier oral or written understandings or Agreements. If any provision of this Agreement is found to be invalid or illegal by a court, the balance of the Agreement shall remain enforceable. You agree that this Agreement is performed in the state of Texas.