Blackfire Media Terms of Service
This document, (“Agreement” or “TOS”) is the terms of service that governs Blackfire Media’s (the “Company”) relationship with users of our online marketing services (“Clients” or “Client”).
ENGAGEMENT. The Company will for all purposes be deemed an independent contractor and will not be deemed a Client’s agent or employee. The Company acknowledges and agrees that the Company is obligated to report as revenue all compensation received by the Company for its services under this agreement and the Company agrees to and acknowledges the obligation to pay all self-employment and other taxes thereon.
DESCRIPTION OF SERVICES. The Company will use its best efforts and due diligence to perform for the Clients online marketing and lead generation services (collectively, the “Service”). These tasks include:
1. Designing, creating, hosting, updating, and maintaining a website for the client.
2. Performing Search Engine Optimization services to increase the client’s search engine rankings and related traffic.
3. Creating blog content for the client’s website.
4. Maintaining and improving the client’s online business profiles.
5. Encouraging the client’s former customers to leave online reviews and follow the company on social media.
6. Managing the client’s email list of former customers.
7. Sending monthly newsletters to the client’s email list.
COMPENSATION. As compensation for the Service, Clients pay the Company the monthly Service Fees as presented on the Company’s payment page. The Company will charge the service fees directly to a Client’s debit or credit card. If the Service Fees are declined or otherwise fail when charged to a Client’s debit or credit card, the Company will cease providing the Service until the Client’s payments are reestablished.
TERMINATION. A Client may terminate the Service, for any reason, or no reason at all, upon giving written notice to the Company by email sent to email@example.com, addressed and mailed to the Company at their primary place of business, or delivered in person to a representative of the Company. On termination, a Client will cease to pay additional Service Fees, and the Company’s will cease providing the Service. The Company and Clients agree that under no circumstances will there be refunds of previously paid Service Fees.
GOVERNING LAW. This Agreement is governed, construed and controlled by the laws of the State of Georgia. Clients agree and consent to the jurisdiction and venue of either the Athens-Clarke County Superior Court or the Athens Clarke-County Magistrate Court for any action brought under this Agreement.
CONFIDENTIAL INFORMATION. “Confidential Information” means information in any form, not generally known to the public, disclosed to or acquired by the Company directly or indirectly from the Clients or any clients, customers, business partners or affiliates of the Clients while providing the Service. The Company agrees not, at any time, to disclose any Confidential Information to any person not an employee or representative of the Clients, nor will the Company use Confidential Information for any purpose other than as required to perform the services hereunder. Further, the Company agrees not to reproduce Confidential Information unless required to perform the Service.
WORK PRODUCT OWNERSHIP. The Client retains ownership of their website’s domain, their online business profiles, their garnered search engine authority, their email lists, their online reviews, their social media followers, as well as any landing pages, or websites not created or provided by the Company.
The Company retains exclusive ownership of all landing pages or websites it creates or provides as part of the Company’s Service to the Client.
In the case of termination of the Service, the Client will be allowed to purchase the website and landing pages provided by the Company as part of the Service for $500 per website page. The website will be delivered by email or Dropbox link in a compressed file format that can be uploaded to a new hosting service and republished. The Company will not support, host, update, change, optimize or otherwise interact with a website or landing page that has been sold to a Client.