THIS IS A SPECIFIC TERMS ADDENDUM for SUBSCRIPTION/MANAGEMENT SERVICES
Terms and conditions last updated on January 30, 2017.
The provision of Browserweb Incorporated’s managed services to clients will be subject to the following points and form the basis of the all agreements between Browserweb Inc. and any clients. These Terms and Conditions will detail how all services discussed within project briefs and works orders will be managed.
Please read this Agreement carefully before proceeding with any use of our website or the Services, you accept and agree to be bound by this Agreement.
If you do not accept the terms and conditions of this Agreement, please contact us immediately so that we can close any service agreement you currently subscribe to.
1. Definitions and interpretation
The following terms shall have the following meanings when used in these terms and conditions:
“Agreement” means the agreement between Browserweb Inc. and the Customer comprising the Statement of Work and these terms and conditions;
“Fees” means the fees associated with provision of the Services and the Equipment to the Customer by Browserweb Inc.;
“Customer” means the person or entity with whom Browserweb Inc. enters into the Agreement and whose details are set out in the Statement of Work;
“Browserweb Inc.” means Browserweb Incorporated, a Media Company;
“Statement of Work” means the standard Statement of Work of Browserweb Inc., upon which the Customer’s order for provision of the Service is submitted in writing or by e-mail;
“Service” means the supply, installation, and configuration of software capable of supporting specific services at the Site and/or the provision of social media services at the Site, as more particularly specified in the Statement of Work and/or otherwise agreed in writing by Browserweb Inc.;
“Start Date” means the date when the Service is activated by the Customer purchasing an online subscription to one of our subscription offerings;
Headings in these terms and conditions are inserted only for convenience and shall not affect the construction of these terms and conditions.
In these terms and conditions, words denoting the singular number shall include the plural and vice versa and references to the masculine gender shall include the feminine and neuter genders and vice versa.
References in these terms and conditions to any statute or statutory provision includes a reference to the statute or statutory provision as from time to time amended, extended or re-enacted and references in these terms and conditions to a “person” shall include an individual, firm, unincorporated association or body corporate.
2. Commencement and Duration
The Agreement will commence on the Start Date and shall (unless terminated earlier in accordance with these terms and conditions) continue for the term of the subscription agreement length as stated on each product and service offering or other written contractual agreement between the parties.
The Agreement will automatically renew unless either party gives the other party written notice terminating the Agreement. There should be no less than four weeks or 30 days notice by the client of any termination request and that termination request has been acknowledged as received by Browserweb Inc.
3. Provision of the Service
Browserweb Inc. shall provide or procure the provision of the Service to the Customer in accordance with the terms of the Agreement. The Customer acknowledges and agrees that:
It must, on the Start Date and throughout the continuation of the Agreement, ensure that payment is received upon invoice renewal by the credit or debit card on file. Browserweb Inc. does not accept checks by mail, only electronic payment methods are acceptable. Services are paid for weekly, monthly or annually in advance and invoices are generated automatically and fees recovered by the card on the Customers’ account. Services will be terminated after three days for non-payment of your invoice.
Browserweb Inc.’ services are available between the times of 8.30 am and 5.30 pm CST Monday to Friday unless stated differently in the works order and any work carried out, outside of this time is potentially chargeable.
All work carried out, outside of this agreement, works order or the operating hours outlined above will be chargeable under the hourly rates listed on our “Hire a Webmaster” page.
4. Use of the Service
The Customer acknowledges and agrees that it is solely responsible for assessing the accuracy, reliability, availability and performance of resources and/or content accessed through the internet (including, without limitation, any and all financial and other transactions of any kind entered into by or on behalf of the Customer using the Service with any third party), which in all cases and in all circumstances the Customer acknowledges and agrees are at the Customer’s own risk and, in any event, beyond the control of Browserweb Inc.
The Customer will comply with and ensure that all users of the Service comply with:
all relevant legislation (including, without limitation, legislation relating to e-commerce and consumers), licences and mandatory instructions or guidelines issued by any applicable regulatory authority;
all codes of practice relating to the Service;
any Internet standards that are accepted and adopted by the Internet industry, where failure to comply with such standards would adversely affect the provision of the Service; and
any reasonable instructions that Browserweb Inc. may give to the Customer in respect of the Service from time to time.
The Customer must not use the Service or allow any other(s) to use the Service:
in a way that does not comply with the terms of any applicable legislation or licence or that is in any way unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
to store, send, knowingly receive, upload, download, distribute, use or reuse any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of any copyright, confidence, privacy or any other rights, or to violate or infringe any rights of, or cause unwarranted or needless inconvenience, annoyance or anxiety to, any other person;
to place any viruses or similar computer programs onto the Site or the internet;
to store, distribute or reproduce commercial software or reproduce a third party’s software or material without the permission of that third party and/or the relevant rights holder(s), as applicable;
to send or procure the sending of any unsolicited advertising or promotional material other than in the case of the Customer to its own customers;
in a way that does not comply with any instructions Browserweb Inc. has given; or
in a way that in Browserweb Inc.’ reasonable opinion could materially affect the quality of any service, including the Site, provided by Browserweb Inc..
Browserweb Inc. will be entitled to suspend the Service or terminate the Agreement where Browserweb Inc., in its absolute but reasonable discretion, believes that the Customer is in any way using the Service other than in accordance with the Agreement and the Customer shall fully indemnify Browserweb Inc. and keep Browserweb Inc. fully indemnified against any liability, loss, damage, costs and expenses (including reasonable legal fees) resulting from any claim, action or legal proceedings brought or threatened against Browserweb Inc. by a third party as a result of any failure by the Customer to use the Service and/or ensure that the Service is used in accordance with the Agreement or any other failure by the Customer to perform its obligations under and in accordance with the Agreement.
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Browserweb Inc. cannot accept responsibility for any losses incurred due to malfunction, the Site, or any part of it.
The website, graphics and any programming code remain the property of Browserweb Inc. until all outstanding accounts are paid in full.
The Customer acknowledges and agrees that the following technical limits apply to the Service:
Where Website Design (Sales / Landing page) is part of the deliverables.
Some technical limitations of or to the Service may not become apparent until after the website has been installed and in place functioning for some time. In such circumstances, the Service for some individual users may need to be withdrawn, and, in any of the above circumstances, Browserweb Inc. will have no liability to the Customer in connection with any resulting provision of the Service, inability to provide the Service, performance of the Service, effect of the Service on other services or the withdrawal of the Service.
The Customer will cooperate with Browserweb Inc.’ reasonable requests for information regarding the Customer’s use of the Service and supply such information without delay, any delays that occur will result in an equal or greater delay in relation to the work being carried out.
Where Website Hosting (Shared or Managed) is part of the deliverables.
The Customer will cooperate with the following acceptable use policy: we do not generally expect users to exceed the agreed web hosting package(s) of data transfers in a month as listed on the bundled product offering by Browserweb Inc.
The fair use policy also relates to all work requested by the Customer under any agreement relating to our managed services.
Marketing (Subscription) Plans and Social Media (Subscription) Management Plans
Relates directly to the items of work being carried out. If specified in an agreement and / or on the website or pricing / store pages, then Browserweb Inc. will undertake the tasks listed. However any non-listed works are subject to the hourly rate listed on the Hire a Webmaster page and will be billed for separately.
5. Items not covered under any Web Design and Development, Hosting and Social Media Management Subscription
IT and technical support.
We are unable to advise you on any matter relating to your computer, web browsers, or and hardware or software that is not in our control. We are only able to test and confirm that your server and related email services are running as expected. However, if you require IT and technical support pertaining to your managed web hosting, that is part of your managed web hosting plan, please refer to the plan specifics for details.
Guaranteed increased in social media/networking and search marketing presence.
While we will do our utmost to increase your search and social networking presence, we provide no guarantees relating to targets or specific figures. The service we provide is directly relational to management and therefore is a time-saving and efficiency service.
Graphic and Web Design, development or increased marketing efforts outside of the agreed brief and Statement of Work.
Any changes outside the scope of the Statement of Work are billable at the hourly rates shown on the “Hire a Webmaster” page.
Guaranteed returns on investment/income.
Browserweb Inc. cannot be held responsible for the financial goals and targets you set in relation to financial forecasts and the expected return on investment for your sales / landing page(s) or your own website.
The Fees for provision of the Service and the Site will be as set out in the Statement of Work or, where not set out in the Statement of Work, the Website pricing and store page(s). Browserweb Inc. will begin charging for provision of the services from the Start Date. Fees will be calculated solely in accordance with details recorded by, or on behalf of, Browserweb Inc..
Browserweb Inc. may also make an additional charge (on the basis of applicable abortive visit, administrative and other additional Fees detailed in the Price List) on its own behalf:
where incorrect information supplied by the Customer means it is technically impractical to provide the Service to the Customer;
where Browserweb Inc. are unable to gain access to the Site to carry out installation of the Service or the installation is aborted for any other reason(s) beyond Browserweb Inc.’ reasonable control;
where certain information provided by the Customer on the Statement of Work is illegible, inaccurate or incomplete;
where Browserweb Inc. provides any technical support in connection with the supply of the Service to the Customer outside normal office hours or normal support times, as applicable; and/or
Browserweb Inc. reserves the right to vary the Fees at any time.
7. Customer Obligations
To allow the installation of any software Browserweb Inc. require to implement the Site, additionally the Customer will at the Customer’s own expense:
obtain all necessary consents, licences and permissions, including (without limitation) consents for any media provided.
The core technologies/software shall remain the property of Browserweb Inc. or the supplier of such technology and the Customer shall at all times make clear to third parties that the same is the property of Browserweb Inc. or the third party supplier, as applicable. The customer does however retain the rights to use this collection of technology/software in this configuration of settings once invoices relating to the site have been settled. Browserweb Inc. may modify, substitute, renew or add to any technology from time to time at its absolute but reasonable discretion.
If through no fault of Browserweb Inc., Browserweb Inc. is unable to carry out an installation at, or gain access to, the website (if not being hosted by Browserweb Inc.) or the installation is aborted for any other reason(s) beyond Browserweb Inc.’ reasonable control, Browserweb Inc. will (without prejudice to any of its rights and remedies in respect thereof) notify the Customer’s nominated contact and the Customer shall promptly remedy such fault, inability or reason(s).
The Customer hereby irrevocably gives permission to Browserweb Inc., and their employees, agents, or contractors to:
execute any works on the Site for, or in connection with, the installation, maintenance, or removal of features.
enter the Site to inspect any software or technology utilized by the Site or elsewhere for the purposes of providing the Service, and where the Agreement or the Service is terminated for any reason, Browserweb Inc. will be entitled to enter the Site and remove any expired licensed software installed there.
The Customer undertakes:
to comply with all reasonable instructions Browserweb Inc. may notify to the Customer for use of any Equipment;
not to allow any element of the Site to be repaired or maintained other than by an authorized representative of Browserweb Inc.;
not to attempt to sell any software or technology; and
not to remove any identification mark affixed to any software showing that it is the property of Browserweb Inc. or any other third party supplier of such functionality.
The Customer shall be responsible for the repair and maintenance of any Customer Equipment used in order to obtain or use the Site or Service.
8. Special Offer: Super-Sized Social Media Sizzle
The offering of a discounted and / or a feature enhance subscription offering is a unique promotion with its own set of product offerings, in this case a bundled package. Browserweb Inc. only offers limited “seats” to the offer and it may be discontinued at any time.
The terms of the Super Sized Offer are listed below, which should be read in conjunction and as part of the terms and privacy content above insofar as the legal obligations of both parties.
The offer inclues three core products;
- Social Media Management (Subscription).
- A Sales / Landing Page (Design and Development).
- Managed Web Hosting (for the Sales page).
- Management of 1 Social Network
Choose from Facebook, Instagram or Twitter.
- Social Media Audit + Recommendation
- Social Media Competitive Analysis
- Social Media Brand Reputation Analysis
- Social media marketing strategy
Browserweb will discuss this directly with Customer and it will be adjusted as required during the subscription period, if deemed appropriate by all parties.
- Daily monitoring of included social asset.
Management amounts to daily servicing of the account on business days, Mon-Fri between 8.30am to 5.30 pm CST. However, we can schedule posts so these can be placed during the weekend which will be discussed in our strategy meetings with the Customer.
- 24 business hours or less customer response time
- Up to 2 personal social media consultations per month
Calendar arrangements made bi-weekly (as required).
- Ratings and reviews alerts
- Tailored monthly reporting and analysis
- 1 Social Media Contest / Poll – one every four weeks
- Graphic Design & Management
Browserweb Inc., will provide one custom design graphic every four weeks to be used for promotional purposes eg, contest or other promotion. The other posts (where image media is used) can have stock images or images supplied by the client. Browserweb Inc. will provide one stock image per day for posting. Video production and posting is not included. (For additional images or video production, a separate fee will be payable).
- Website Landing page with WordPress CMS
Browserweb will design and develop a one page landing / sales page which will be designed with lead generation as the key focus. The page will be developed using WordPress CMS. The customer will be given full access to the admin section of the website. The purpose of this page is not to replace the Customer’s main website, however, this can be discussed separately if that is requested.
Search Optimization; Browserweb will include on-page optimization as part of the deliverables.
- Monthly Website and Social Graphic refresh
Browserweb Inc. will refresh your header / profile and website sales page images and calls to action on a monthly basis as agreed with the Customer.
- Bullet-Proof Secured Managed Web Hosting (Personal Planner)
As part of the bundled Sizzler offer, Browserweb Inc. will host the sales / landing page. Click HERE to learn more about the Personal Planner Managed hosting features and benefits.