Thank You for choosing Business Promotion, LLC, for your online marketing and web design needs. Please read the following Terms of Service carefully; they govern all transactions between Business Promotion, LLC and its Clients. These Terms of Service may change at any time. If you have questions, please contact Business Promotion, LLC at the address, email address, or telephone number below.

TERMS AND CONDITIONS

  1. Business Promotion

Business Promotion, LLC formerly Business Promotion, Inc. d.b.a. BPI, (hereafter “BP”) offers its web design and marketing services exclusively subject to these Terms and Conditions. Unless otherwise stated, the term “BP” includes employees of BP as well as agents, contractors, and third parties whose services or products are part of BP’s services and products. By using BP’s sites, services, products, or materials, You agree to be bound to these Terms and Conditions unless and only to the extent they may be modified in a writing signed by both You and BP.

  1. Clients

All references to “You,” or “Client” mean the purchasers of BP services and products; anyone who has signed a Purchase Agreement or Payment Agreement with BP, as well as any individual authorized by the Client to conduct business with BP on the Client’s behalf (an “Authorized User”). A Client may designate an Authorized User in writing or by instructing BP to allow an individual to access that Client’s account or otherwise make decisions regarding design, services, or billing. Unless expressly revoked in writing by the Client, an Authorized User has the authority to renew contracts, contract for new services, order changes, or otherwise access or control a Client’s account with BP. BP is entitled to rely on the written or oral representations of an Authorized User in the performance of its contracted services.

  1. BP’s Services and Products

These Terms and Conditions govern the process of creating and maintaining Your website, including the design, static and video imagery, written content, and other marketing materials and services. You have certain rights and obligations based on these Terms and Conditions, so please review them carefully. References to a “website” or “Your site” include any website designed for You by BP, as well as all associated domains, content, social media content, blog posts, video, static imagery, analytics, third party services, advertising, and any other design, engineering, maintenance, or marketing services provided to You by BP.

  1. Timelines – BP will design, build, and launch Your website according to the design and implementation schedule set forth in Your Purchase Agreement. If no design and implementation schedule is set forth in Your Purchase Agreement, the following schedule will apply, with times listed from the day Your Purchase Agreement is effective (Your “Sale Date”):
    • 10 Days After Sale Date – Initial Design Consult Completed
    • 15 Days After Sale Date – Content Consultation Completed
    • 20 Days After Sale Date – Design Approval Received from Client
    • 25 Days After Sale Date – Content Completion
    • 30 Days After Sale Date – Theme Completion
    • 35 Days After Sale Date – Soft Launch of Website
    • 45 Days After Sale Date – Domain Goes Live
  2. The timelines above may be altered based on the complexity of the website, delays for custom graphic or video production, Client alterations or delays, nonpayment, or circumstances not foreseeable by BP or beyond BP’s control. Though BP will make its best efforts to complete Your website on time, and work to make things right according to our Satisfaction Guarantee, BP bears no liability for such delays, and has no obligation to provide any compensation in the event they happen.
  3. Client Alterations and Delays – If a Client elects to make alterations to existing content or design which has previously been approved, BP reserves the right to charge any costs incurred for the alterations to the Client’s account. If a Client causes a delay in production through action or inaction, BP reserves the right to revise the timelines, move forward with production without Client consent, or take other action to ensure that BP’s obligations are met.
  1. Content, Design, and Other Services

BP offers a variety of products and services. BP may add new products at any time, or may cease to offer certain products. BP makes no guarantee that any particular product will be available beyond the term for which such a service has been contracted. Limitations on specific categories of products and services are set forth below.

  1. Written Content and Placement – Unless otherwise agreed in writing, BP will create up to 5,000 words of custom written content for Your website based on the information You provide to BP. BP will also include standardized content describing various services or procedures offered by You. This service does not include blog posts. If You do not purchase the Written Content and Placement service, You must provide Your own written content. BP is not responsible for typographical or factual errors in any content You produce, nor in any content or information You may provide to BP. All content submitted to BP must be submitted in the formats requested by BP and received by BP in a timely manner. BP is not responsible to ensure that content created or provided by You complies with all applicable laws, including copyright and libel laws. BP reserves the right to reject any content which, in BP’s sole discretion, BP deems to be offensive, abusive, inappropriate, libelous, false, or a breach of any reserved rights, including copyrighted or trademarked materials.
  2. Stock Media – BP owns or licenses a large library of stock video and imagery. You agree that BP may utilize stock videos and imagery in creating Your website and any related content, and that BP may purchase additional video or imagery as necessary to complete Your website, but BP is not obligated to do so. You agree that any additional video or imagery purchased at Your request or on Your behalf belongs to or is licensed to BP, as applicable, even if purchased at Your expense. You agree that You will make no claim of ownership or copyright of any stock video or imagery regardless of the source
  3. Custom Media – BP will produce, or cause to be produced, additional video or static imagery exclusively for use on Your website unless otherwise agreed to in writing (“Custom Media”). Production of Custom Media requires a high degree of coordination between You and BP’s custom media team. If You purchase this service, You agree that You will make all reasonable efforts to ensure that Your personnel, facilities, equipment, and any patients (if applicable) are made available for filming and production according to the schedule set forth by BP. You agree to secure all necessary releases from personnel, patients, and any owner or manager of the facilities in which filming is to occur in a form acceptable to BP. You agree that BP has no obligation to perform any production of Custom Media without the releases specified above and without the execution of a production agreement in a form acceptable to BP. You agree to indemnify and hold BP harmless for any claim arising from filming at Your facilities, and from any claim arising from filming or utilizing the voice or likeness of any individual not directly hired by BP to appear in Your Custom Media. You agree that BP holds all title and copyright to any Custom Media produced, and BP is under no obligation to relinquish any media or rights upon termination of services or at any other time.
  4. Customer–Submitted Content – All content submitted to BP must be submitted in the formats requested by BP and received by BP in a timely manner. BP is not responsible to ensure that content created or provided by You complies with all applicable laws, including copyright and libel laws. BP reserves the right to reject any content which, in BP’s sole discretion, BP deems to be offensive, abusive, inappropriate, libelous, false, or a breach of any reserved rights, including copyrighted or trademarked materials. You agree to indemnify and hold BP harmless for any claim arising from the publication or use on Your site of any written material, video, audio, or static imagery provided by You.
  5. Internet Marketing Guarantee – If Your Payment Agreement includes the Internet Marketing Guarantee, You are entitled to all the provisions of BP’s Satisfaction Guarantee, as well as the following provisions, after Your first 12 payments have been received, and subject to the conditions set forth below:
    1. If You are not satisfied with the number of phone inquiries and appointment requests generated by Your site, You must notify BP in writing that You want to exercise Your Internet Marketing Guarantee.
    2. Once Your Internet Marketing Guarantee Request has been received, BP will begin an evaluation period of up to 90 days (usually less) during which it will gather data regarding website traffic and the phone inquiries and appointment requests generated from that traffic.
  • To exercise Your Internet Marketing Guarantee, You must allow BP to install a tracking phone number on Your website to collect call data, and You must utilize BP’s online appointment request features, including the “request an appointment” button.
  1. BP may in its sole discretion waive Your Monthly Payment during the evaluation period.
  2. If, after the evaluation period, BP in its sole discretion agrees that the level of traffic and the number of phone inquiries and appointment requests is not satisfactory, BP will at its cost work to optimize the design, content, and optimization of Your website to increase traffic, phone inquiries, and appointment request, and will waive Your Monthly Payment for up to 90 days while optimization work continues. At no time during the evaluation or optimization periods will Your Monthly Payments be waived for more than 90 days total.
  3. BP is under no obligation to perform evaluation or optimization work under this Internet Marketing Guarantee, nor to waive any payment, if any of the following conditions arise:
    1. You do not authorize BP to install a tracking phone number to evaluate the number of phone inquiries.
    2. You do not utilize BP’s “request an appointment” button or other appointment request features on Your site, or You utilize appointment request features from any other provider.
    3. You do not allow BP full design, creative, and content control over Your website for optimization.
    4. You move Your website to a host other than BP’s servers.
    5. You redirect Your primary marketing domain away from BP’s servers or allow it to expire.
    6. You allow anyone other than BP to make changes to Your website.
    7. You have a pre–existing or additional website competing against the website BP has built for You.
    8. You have a late, returned, or defaulted payment or other outstanding balance on Your account which has gone unpaid for more than 30 days.
    9. You take any other action which would undermine or nullify the effect of Your website in generating web traffic to Your site, phone inquiries, and appointment requests.
  1. Hosting

Websites hosted on BP’s servers are guaranteed to have less than 24 hours of downtime in any given year. Unless otherwise specified in writing, Client websites are hosted on BP servers. BP is under no obligation to provide website files, design, or content if a contract for the website is terminated, or the website is relocated to a different host. BP makes no representations or guarantees that Your site will function properly if relocated to a different host, and BP is not liable for any downtime, errors, security issues, or other failures or damages arising from Your decision to relocate a website to another host. BP retains the right to assess reasonable fees for any transfer of a domain name to a host other than BP.

  1. Payment

BP will bill You monthly for Your website in the amount listed on Your Sales or Payment Agreement. As most of the design and engineering work on Your site occurs before the site ever goes live, BP requires an annual contract before beginning work on Your site. Unless otherwise specified in Your Sales or Payment Agreement, billing begins 60 days from Your original Sale Date or on the date Your website goes live, whichever is earlier. For renewal contracts, billing begins immediately upon renewal unless otherwise specified.

  1. Annual Contracts – Contracts for Your website have a term of 14 months from Your Sale Date, unless a longer term is specified in Your Sales or Payment Agreement. After the initial term of Your agreement, BP will provide services on a month–to–month basis unless and until any of the services for which You have contracted change. Any change to Your services thereafter will automatically renew Your agreement with BP for an additional year unless a different term, or no term at all, is specified in Your renewal.
  2. Monthly Payments – Payments are due each month on the day specified in Your Sales or Payment Agreement. If no day is specified, payments are due on the 1st day of each month and are late if not received by the 10th day after the payment is due. Late payments will bear interest at a rate of 1.5% per month until paid.
  3. Checks and Returned Check Fees – Payments made by check must be received by the due date. Checks should be made payable to “Business Promotion, LLC,” and should be mailed directly to BP at the address below. Returned checks are subject to a returned check charge of $20 or the maximum charge allowable by Utah law, if that is greater.
  4. Automated Payments – BP offers automated monthly payments by credit card, debit card, or electronic check (ACH). By providing credit card, debit card, or electronic check information, You authorize BP to utilize that information for automated payments each month until Your account information changes or You notify BP in writing to utilize a different payment method. Automated payments are debited from the account specified by You monthly on the date Your payment is due. You must notify BP of any changes to the account from which Your payment is debited no less than 10 business days prior to the date Your payment is due. You agree to ensure BP has current and valid account information, and that sufficient credit or funds are available to cover all automated payments. If an automated payment is returned or denied, You must submit payment in full within 10 business days to avoid Your website being suspended. If You agree to automated payments for any third-party services, BP will also charge payment for those services to Your account monthly on Your payment date. Any automated payments to third parties for utilities or services for Your website are non-refundable. Automated payments for third party services can be cancelled or changed only with 30 days’ notice.
  5. Default – If You fail to make any payment within 10 days of the payment date, Your account will be in default. BP reserves the right to suspend and make unavailable any website associated with an account in default. If Your account continues in default for 30 days, BP reserves the right to declare You in breach of Your Sales or Payment Agreement, and the entire amount owing under such an Agreement will become due and payable immediately. Any amounts in default will bear interest at a rate of 1.5% per month, and payments made on delinquent balances will be applied to the oldest balances first. If Your account continues to be in default, You agree that BP may institute collections proceedings against You, and that all fees and costs of collection, including attorney fees, court costs, credit reporting, service of process, investigative costs, or other costs, will be assessed against You. Additionally, BP is entitled to collect the reasonable costs of any promotional items previously provided to You. Your credit may be negatively affected if collections proceedings are instituted against You.
  6. Authorized Account Users –– Unless expressly revoked in writing by the Client, an Authorized User has the authority to renew contracts, contract for new services, order changes, or otherwise access or control a Client’s account with BP. This includes changing or updating automated payment information, authorizing third party automated payments, or any other service which may incur additional charges to You. BP is entitled to rely on the written or oral representations of an Authorized User in the performance of its contracted services, and You agree to indemnify and hold BP harmless for any actions taken by an Authorized User.
  7. 30 days past due –– If an account goes 30 days past due, the website and services will be suspended. There will be a reactivation fee of $500 to get the services restored and the website back up.
  1. Termination

BP reserves the right to terminate any Sales or Payment Agreement at any time if Your account is in default, or for violation of any provision of the Sales or Payment Agreement, these Terms of Service, or for any other reason or no reason at all. In the event of a termination, BP retains all right and title, including any applicable copyright, to the designs, content, media, and all other components of Your website.

  1. Data Security

BP takes commercially reasonable steps to ensure that any electronic information and communications are secure. No system is foolproof. Databases, communications, and services are susceptible to errors, tampering, and hacking. BP makes no guarantee or warranty against such occurrences. By utilizing BP’s services and Your website, You agree to hold BP harmless for any breach of data security caused by electronic or human error, force majeure, weather or other natural phenomena, computer hacking or break-ins, tampering, equipment failure, or any other cause not directly within the control of BP.

  1. Privacy

While designing, creating, and servicing Your website, and in collecting payment for such services, BP may collect personally identifiable information regarding You, Your business or practice, and Your clientele. Such information may include credit card or other bank account numbers, names, addresses, telephone numbers, email addresses, social media profiles, website URLs, account passwords, or other information which could be used to identify You or a third party (“Personal Information”). With the exceptions set forth herein, BP does not use or share Your Personal Information, and safeguards it with industry–standard data security, including encryption technologies and protocols, from access by BP employees and third parties without a need to know such Personal Information.

  1. Permitted Uses of Private Information – You agree that BP may access and utilize Your Private Information for the following purposes:
    1. Provision of BP Services – You agree that Personal Information may be used by BP, its employees, contractors, and vendors to the extent necessary to design, publish, and maintain Your website and otherwise provide the services for which BP has been engaged. You release BP from any liability arising from the disclosure of Personal Information by any vendor or other third party.
    2. Marketing of BP’s Business – You agree that Your name, publicly available social media profiles, website URLs, website design and content, prior website designs, and draft designs, may be utilized by BP in its efforts to market BP’s services to other clients and the general public.
  • Billing, Collections, and Account Maintenance – You agree that any Personal Information collected by BP may be utilized for billing, collections, or other maintenance of Your account.
  1. As Required by Law or Other Compulsory Process – Personal Information may be disclosed as required by a court order or other compulsory legal process.
  1. HIPAA Compliance – Some Personal Information may constitute Personal Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Insofar as BP receives and is aware that such data constitutes Personal Health Information, BP will take all necessary steps to ensure that its treatment of such data is in compliance with BP’s obligations as a Business Associate under HIPAA and other applicable law.
  1. Indemnity

You agree to indemnify and hold BP harmless from any claim arising from the use of Your website by all third parties, including any action for libel or defamation, products or premises liability, malpractice, false advertising, or any other claim.

  1. Satisfaction Guarantee

BP cannot guarantee the performance outcomes of any website or service, but we can guarantee we will continue to refine and revise Your website until You are satisfied with it. If, during the term of Your contract You are not satisfied with the design, layout, or functionality of Your site, BP will continue to provide design, layout, and functionality changes until You are satisfied.

  1. Good Faith

BP has worked hard to develop a reputation for excellent customer service and high-quality products. If You have an issue with Your site, the customer service You have received, billing, or any other aspect of Your interactions with BP, You agree to contact us and give us a legitimate opportunity to make things right before cancelling Your account or leaving negative online reviews.

  1. Miscellaneous
    1. Situs, Governing Law, and Jurisdiction – You agree that Your transactions with BP have their situs in the State of Utah. These Terms and Conditions and Your Payment or Purchase Agreement are governed by and must be construed according to the laws of the State of Utah, without regard to its conflict of laws provisions. In any action brought to enforce or construe any provision of these Terms and Conditions or any Agreement, You agree that jurisdiction lies exclusively with the applicable State courts located in Utah County, Utah, or Federal courts located in Salt Lake County, Utah.
    2. Force Majeure – You agree that BP cannot be held liable for delays, damages, outages, or other interruptions in service, loss of data, or other casualty arising from natural disasters, acts of war, civil unrest, terrorism, acts of God, or other general circumstances beyond BP’s control.
    3. Severability – If any provision of these Terms and Conditions or Your Purchase or Payment Agreement is held by a court of competent jurisdiction to be unlawful or unenforceable, the remaining provisions will continue in full force and effect.
    4. Attorney Fees – In any action brought to enforce or construe any provision of these Terms and Conditions, or Your Purchase or Payment Agreement, the prevailing party will be entitled to their reasonable attorney fees and costs, including any collection costs.

Business Promotion, LLC
1261 S 820 E Suite 100
American Fork, UT 84003
866-664-5216
businesspromotion.com
contact@businesspromotion.com

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