This is the Digital Marketing Service Agreement for DigitalBull GO. By choosing to work with us either through our DigitalBull GO tool or otherwise, it is understood that you agree to the Terms presented herein.
- Buyer (User) – (hereinafter referred to as “You”, or “Credit Card Holder”, or “Client”).
- Seller (Tool / Service Provider) – DigitalBullGo.com, the online entity of Opteamize Cloud Solutions Pvt. Ltd., HQ in Chennai, India (hereinafter referred to as “Our”, “Us”, or “We”).
Terms and Conditions
1) STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions that apply to all contracts and all work undertaken by DigitalBull GO for our clients.
By entering into this Agreement with us, you permit us to access your Website (for Content Uploads & Landing Page Optimization), as well as Google My Business Account, Google Analytics, Google Search Console, and Google Ad Account (if any ads have been run) as required or necessary for optimization and management of your online business. This contract is limited to one website and one GMB listing unless otherwise specified in the contract.
You understand that there are two (2) fees to consider before using our Organic (GMB & SEO) Digital Marketing services:
(a) One-Time Fee – separate setup fee for each GMB or GMB Audit via DigitalBull GO tool. This may be waived off in special instances.
(b) Ongoing Monthly Recurring Subscription Fees (paid to DigitalBull GO)
Non-payment of fees and/or non-renewal of contract can lead to revocation of your access to DigitalBull GO and/or any project folders/documentation.
All prices listed on our website are in United States Dollars ($ / USD) and exclusive of any applicable local taxes. They can be viewed on the homepage and pricing page and are subject to change.
3) REFUND POLICY
DigitalBull GO works in a sincere and dedicated manner to satisfy you. If you are still not pleased with our work, our refund policy works as below:
50% Refund on GMB Audit Fee upon a request in writing within 7 days pointing out flaws in the Audit carried out by us. A refund will be issued within 7 days of acceptance of a faulty audit if any.
Please note that the refund does not apply to GMB Optimization or Local SEO services.
4) SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work per an agreed specification. Such materials may include but are not limited to: keywords, written copy, logos, and other material as needed.
Where there is any delay in supplying these materials to us, which leads to a delay in the completion of work, we reserve the sole right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials and information, and that prevents the progress of the work, we have the right to stop work and invoice you for any balance on the contract.
There are 2 types of support that the DigitalBull GO team offers with regards to our tool and services:
(a) Tool Support
The DigitalBull GO Support Team shall endeavor to reply to and resolve problems related to the DigitalBull GO tool within 24 business hours by email, chat, or telephone. A sample list of potential tool queries is given below:
- Login and/or password not working
- Unable to access modules (viz. GMB Audit, Website Audit, Insights, Ranking Factors, etc.)
- Report not printing or viewable
- Unable to edit or upload data
- Unable to view content or graphs
(b) Technical Support
Adequate online tool support shall be provided through email, Facebook Messenger, Zoom chat, chatbot, or any other means of communication as soon as reasonably possible, in an average time of 4 business hours and a maximum of 8 business hours.
6) PROJECT DELAYS AND CLIENT LIABILITY
We endeavor to set up your Google My Business as soon as possible. However, in some cases, it may take 4-7 business days to complete the setup of your new account. Any time frames or estimates that we give are contingent upon your full cooperation along with complete and final materials and information, such as filling up the initial setup checklist and providing the necessary access and details.
During the contract period, there is a certain amount of feedback required to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available regularly to expedite the feedback process.
There will be a lot of communication at the start of the project to get familiar with the client and their business. We also need to assess the background of the GMB and website to know what work was done before we took on the project. Please be prepared to answer questions to help form a strategy on how to proceed going forward.
This communication may be through email, Facebook Messenger, Skype/Zoom meetings, etc. After this initial stage, the communication will reduce to a normal level.
We will not be responsible if the work remains largely unfinished or is delayed, due to your inaction, or by not approving written Google Post copies, page content, keywords, etc.
7) APPROVAL OF WORK
On completion of the initial setup and any other major work, you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 business 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.
8) REJECTED WORK
If you reject any of our work within the 7-day review period and 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 complete and take measures to recover payment for the contracted work.
(a) Accepted payment methods in order of preference: Razorpay, Payoneer, Credit Cards (Visa/Master), Debit Cards, Net Banking, PayPal.
(b) The ongoing “Optimization Fees” for our services will be charged by us in advance on a 2-month, 3-month, or 4-month basis for our GMB Optimization services and features depending on agreed management fees.
The project will begin within 2 business days of payment. If payment for the next month has not been made within 1 week, and no indication has been made by you otherwise, DigitalBull GO will assume that this is a non-renewal of contract and that you have no interest in starting/continuing the project.
If you wish to suspend or cancel our services and management of your Google My Business account(s) at any time, thus terminating the contract, please let us know by email to email@example.com.
Upon cancellation, all amounts owed to DigitalBull GO will need to be paid in full. Any outstanding amounts will be due within 3 business days of cancellation. There will be no prorated refunds on the Monthly Subscription Fees already paid.
(a) Google Affiliations – DigitalBull GO is not affiliated with Google, Google My Business, YouTube, or any other Google entities and properties and does not receive any commission or compensation from the aforementioned entities for using their services.
(b) Other Affiliations – DigitalBull GO is not affiliated with LinkedIn, Facebook, Instagram, Twitter, Legiit, or any other website/company unless otherwise specified. We receive no commission for using the services of these websites or the people on these websites unless otherwise specified.
(c) Performance – DigitalBull GO shall endeavor to help you obtain your online promotional goals by providing you with advice, information, and technical services concerning Google My Business, Local & Organic SEO, and Search Engine advertising/marketing.
(d) Rankings – Unless specifically stated to the contrary in the Agreement, DigitalBull GO does not guarantee any particular rate of return or performance on either the Google Map Pack or Google search engine results page (SERP), including but not limited to any particular search results page(s) or rankings. We do not guarantee that your GMB or website will rank on the map results or the organic search results. Additionally, we shall not be held responsible for commercial outcomes which are associated with the internet marketing or management of your Google My Business account for your business and/or website.
(e) GMB Listing Suspension – The Google My Business listing is a very sensitive property. For this reason, DigitalBull GO encourages you to log in and make changes to the listing yourself based on our recommendations. These include but are not limited to changes in GMB Website URL, Appointment URL, Title, Categories, Phone Number, Hours, and Service Area, which should be handled with care. Changes to Description, Services, Business.Site, Photos, Reviews, Posts, and Q&A are generally risk-free, but may still cause problems. As a forewarning, DigitalBull GO shall not be held responsible if your Google My Business listing gets taken down or suspended due to actions beyond our control.
(f) Interruption – Neither DigitalBull GO nor any of its employees or agents warrant that the functions contained in the account will be uninterrupted or error-free. In no event will DigitalBull GO, its owners, or employees be held liable to you or any third party for any damages, including, but not limited to service interruptions caused by Force Majeure, war, riots, fire, flood, hurricane, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns, terrorist attack, prolonged energy supply shortage, etc.
(g) Security – Please note that ensuring that the website is up and running is your responsibility, not DigitalBull GO. It is up to you to ensure that your files are being backed up every day as we will not be backing up the files every day. Remove unneeded people from the logins, use strong logins and passwords, and avoid ‘admin’, ‘name of the person’, and ‘name of the company’ in the login. Make sure that your hosting provider will take responsibility and has the power to remove the files and clean it. We recommend bolstering your security via Wordfence Security, Malcare, Sucuri, and others. Please note that none of these provide total security against a determined hacker. It is recommended that you harden the files.
(h) Hacking – DigitalBull GO will not be held responsible if your website is hacked or compromised, nor will we compensate the time lost in fixing such issues. DigitalBull GO will not be held responsible for any viruses, malware, or other infections entering your website that were not directly caused by our team.
(i) Internet and Hosting – DigitalBull GO is not responsible for problems with the hosting service or any other circumstances beyond our reasonable control; Google account suspension, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website; failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any internet servers; or your site visitor’s computer or internet software, even if DigitalBull GO has been advised of the possibility of such damages.
(j) Data Integration – The DigitalBull GO tool does not integrate with your GMB listing, website, or other properties. We may set up your account on BrightLocal and/or other third parties from which point DigitalBull GO can view your citations, GMB Insights, rankings, etc. This is strictly for SEO ranking and reporting purposes only. Connection to Google Analytics with BrightLocal and/or other third parties may also be required. Stored data can be deleted upon request. Simply send us an email at firstname.lastname@example.org.
(k) ADA Compliance – DigitalBull GO is not responsible for ensuring ADA compliance while making any changes to the website, even if we build the site.
(l) Browser Compatibility – Please note that not all text and/or images may be compatible with all browser versions on desktop and mobile, especially older versions of Microsoft Internet Explorer (IE) or the Apple Safari browser. DigitalBull GO is not responsible for browser-related technical issues or incompatibility. We recommend reviewing the website on Google Chrome.
(m) Delay – DigitalBull GO shall not be held liable for any loss or damage which you may suffer which is in any way attributable to any delay in the performance or completion of our contract, however that delay or loss arises.
(n) Other Work – By taking on the project, the DigitalBull GO Team assumes that we have a say with what goes on in the website and GMB, either directly or indirectly. DigitalBull GO shall not be held liable for any work done by you, your team, or 3rd party SEO team during the project without prior consultation, either on the GMB, website, and off-page. These activities may adversely impact the rankings and invalidate the work done by DigitalBull GO. Examples of such activities include ordering backlinks, changing the domain, ordering citations, changing the GMB service areas, etc. We request that you ask us or inform us before performing such activities.
(o) Post-Project – DigitalBull GO is not responsible and will not be held liable for any damages or problems occurring after the project has been completed. This includes problems that arise in your Google My Business account, website, or any other of your properties. Completion, as agreed by both parties, signifies the closure of the relationship. Any other work after completion will be undertaken as a new project and not as a continuation of the old project.
Individual subcontract of any services may be drawn up with prior information from you and shall be restricted to the following areas only:
- Citations – Citation Cleanup and Citation Addition
- GMB – Question & Answer and Google Posts Creation
- Images – Creation, Optimization, and Refinement of Photos/Images
- Off-Page – Backlinks, PR, and Guest Posts
- Content – Blog Posts, Service Page Creation, and City Page Creation
- Maps – Custom Map Creation and 3rd Party Map Embeds
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party. You also agree not to disclose our methodologies to other parties without the prior approval and permission of DigitalBull GO.
14) ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of our contracted proposal including but not limited to Building New Websites/Webpages or Completely Modifying Existing Website/Webpages, Citations, Video Editing, Backlinks, Custom Photographs, CDN, Guest Posts or any other comparable expenses. These extra add-ons may have to be paid immediately upon your order request depending on the nature of the contract. An invoice and request for confirmation to go ahead will be sent before starting any such project.
15) RIGHT OF REFUSAL
DigitalBull GO reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. Also, we have the right to be free from acts or threats of disruptive behavior, abusive and/or offensive language, including intimidation, harassment (targeted or general), and/or coercion, which interferes with or affects our operations. Abusive communications in any form (email, phone, chat, etc.) are strictly not tolerated and we reserve the right to take any actions necessary to curtail such abuse. No refund will be provided in case of abusive communications.
16) GOVERNING LAW
Regardless of the place of signing of this agreement, you agree that for purposes of venue, this agreement was entered into in the State of Texas, United States. Any dispute will be litigated or arbitrated in the State of Texas, and you hereby consent to the personal jurisdiction of the Fort Bend County, Texas Courts.
Changes to Terms of Service
These Terms of Service constitute the entire understanding of the parties. Any changes or modifications thereto must be in writing and agreed with by both parties.
We may update our Terms of Service from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Terms of Service on this page. These changes are effective immediately after they are posted on this page.
It is understood that anyone who decides to do business with DigitalBull GO has read and accepted the Terms and Conditions given on this page.
Last Updated: 9th July 2020.