Terms of Service
The Seidel Agency, Inc. (“The Company”) agrees to furnish services and products to the Subscriber, subject to the following TOS (Terms of Service).
Use of The Seidel Agency, Inc. products and services constitutes acceptance and agreement to The Seidel Agency, Inc. AUP (Acceptable Use Policy) as well as The Seidel Agency, Inc. TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of The Seidel Agency, Inc. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the company shall not be grounds for early contract termination or non-payment.
The agreement shall be construed in all respects in accordance with the laws of the country of the United States, applicable to all contracts enforceable in that country. Venue will be Los Angeles, California USA.
1. Disclosure to Law Enforcement
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP addresses, account history, account use, etcetera to any law enforcement agent who makes a written request corresponding to a subpoena or other court order without further consent or notification to the Subscriber. In addition The Seidel Agency, Inc. shall have the right to terminate all service set forth in this Agreement.
2. Service Rates
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Subscriber. Subscriber is aware that The Seidel Agency, Inc. may prospectively change the specified rates and charges from time to time based on scope of work changes and specificity of talent required to complete work.
Establishment of service (e.g. hosting, marketing services, domains, website maintenance, etc) is dependent upon receipt by the company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s recurring service, else on the anniversary date of the year for that year’s service if Subscriber has opted for annual payment. For tangible products and services (e.g., graphic design, website design and development, application design and development, etc), final payment is due at the time it’s delivered, launched or submitted as complete. Clients are required to pay remaining invoice balance due within 24 hours of said delivery to avoid a late fee unless prior arrangements were agreed to in writing by The Seidel Agency, Inc..
The Seidel Agency, Inc. requires a 50% retainer of estimated project costs prior to any project start date and/or all projects estimated to cost over $2,500 unless otherwise mutually agreed upon in writing. All clients are required to submit a valid credit card to their client account prior to any project start date, and agree that this card will be charged the remaining balance at completion of project deliverables unless previously agreed to in writing by both parties. In addition, client credit cards will be used for any and all monthly recurring fees required to maintain services or pay pre-approved 3rd party services as necessary.
4. Payments and Fees
Payments via any method which are declined for any reason are subject to a $35.00 NSF fee. Payments via check which are declined are subject to the $45.00 NSF fee PLUS any bank charges which Company incurs. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for non-payment is subject to a $15 late fee which is payable before service will be restored. Products or delivered service balances will incur a 10% late fee. Accounts that are not collectable by The Seidel Agency, Inc. may be turned over to an outside collection agency for collections. If your account is turned over for collection, you agree to pay The Seidel Agency, Inc. a “Processing and Collection” fee of not less than $75.
Monthly marketing packages are subscription based, and payment is required in advance of service, and requires a 30-day notice of cancellation. If you desire to cancel your service, follow the proper procedure to do this as outlined below.
5. Refunds and Disputes
All payments to The Seidel Agency, Inc. are non-refundable after 30 days and the Cost of Domain Name Purchases and marketing services (including website design and development work completed) are non-refundable at any time. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 20 days of the time the dispute occurred. If you dispute a charge to your bank or credit card issuer that, in The Seidel Agency’s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay The Seidel Agency, Inc. an “Administrative Fee” of not less than $75 and not more than $200.
6. Failure to Pay
The Seidel Agency, Inc. may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Web development projects are due on day of launch unless otherwise agreed upon with client in writing and credit card on file will be charged at this time.
7. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption are difficult to ascertain. Therefore, Subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the The Seidel Agency, Inc.. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Subscriber for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, injury, or loss.
8. Transfer of Domains
New web hosting accounts which involve the transfer of a domain from another provider to The Seidel Agency, Inc. or it’s domain provider will require a minimum of seven (7) days to be setup and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by The Seidel Agency, Inc. on behalf of the account holder a handling fee may be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
9. Support Boundaries
The Seidel Agency, Inc. provides technical support to our clients both on and off our maintenance programs. We limit our technical support to our area of expertise. If you can email, we encourage you to email marketing@TheSeidelAgency.com for assistance or open a support ticket within your secure account manager. Lastly, we encourage you to check out our knowledge base and any help files available for the service you are having problems with before contacting support.
The Seidel Agency, Inc. wishes to emphasize that in agreeing to the The Seidel Agency, Inc. Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies The Seidel Agency, Inc. for any violation of the AUP and TOS that results in loss to The Seidel Agency, Inc. or the bringing of any claim against The Seidel Agency, Inc. by any third-party. This means that if The Seidel Agency, Inc. is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against The Seidel Agency, Inc. plus all costs and attorneys fees.
11. Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you including a current credit card. Email, fax, and telephone contacts are used, in that order of preference.
a. A waiver by the The Seidel Agency, Inc. of any breach or provision of this agreement by subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the The Seidel Agency, Inc.. We may assign Agreement at anytime without consent from or notice to subscriber. The Seidel Agency, Inc. reserves right to cancel customers rights under this contract at anytime without further obligation.
c. The Seidel Agency, Inc. takes no responsibility for any material input by others and not posted to the The Seidel Agency, Inc. network by The Seidel Agency, Inc.. The Seidel Agency, Inc. is not responsible for the content of any other websites linked to the The Seidel Agency, Inc. network; links are provided as internet navigation tools only. The Seidel Agency, Inc. disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
d. The Seidel Agency, Inc. is not responsible for any damages your business may suffer. The Seidel Agency, Inc. does not make implied or written warranties for any of our services. The Seidel Agency, Inc. denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by The Seidel Agency, Inc..
e. It is absolutely forbidden to host pornographic content or servers on hosting accounts without prior written consent. Any accounts found in violation of this will be subject to immediate cancellation without refund or compensation.
12. Responsibility for Content
You as The Seidel Agency, Inc. client are solely responsible for the content stored on and served by your The Seidel Agency, Inc. server/hosting account or products produced by The Seidel Agency, Inc..
To the best of our knowledge, any materials or intellectual property created are original and do not infringe upon the intellectual property rights of others.
13. Denial of Service
We reserve the right to refuse service to anyone at any time for any reason.
Pay per click strategies that are bundled with a comprehensive marketing package are considered proprietary to The Seidel Agency, Inc. and are not shared with the client. Reporting on results will be provided upon request.
IMPORTANT NOTICE: *All payments to The Seidel Agency, Inc. are non-refundable after 30 days (with no refunds available for service based work – see above) and Cost of Domain Name Purchases are non-refundable at any time. Please see above for fees associated with late payments, returned checks and other forms of non-payment.
This document was last updated on December 16, 2019