Thank you for choosing Business Promotion Inc. (“BPI”) for your online and web design need. Please read the following Disclaimer, Terms of Service and Privacy Statement (“Terms”) in detail as it applies to all of BPI’s clients (“Clients”) and BPI’s transactions with its Customers. The Terms may change at any time and without prior notice; so please check the Terms frequently. If You have any questions please contact BPI at the contact information found herein.

By accessing BPI’s website (the “Site”), You, the client, agree to the terms and conditions found in the Terms.

Website Design. With input and original content from You, BPI will prepare and design a custom website. Construction of the website may not begin until You have: (a) provided BPI with original content for the website; (b) have electronically accepted the Terms; and (c) have paid for the initially invoiced work. Please note that after content has been received, BPI may begin work on the website and therefore will not issue any refunds; we will also be unable to issue any refunds after 30 days whether content has been received or not.

You understand that Your website will generally take four to six weeks to complete once work has commenced; this is a general guideline and is not a hard deadline. Depending on the complexity of the website and the number of changes required, Your website can take longer complete.

BPI agrees to build Your website to the specifications quoted detailed in the original invoice. Please note that any additional features requested that were not in the original invoice will be quoted at a separate price.

BPI Offers tools and guidelines to help you put together your site content but does not create or write content.  BPI will run spell checks and do a rough read through but is not responsible for spelling or grammar errors in content. You understand that it is Your responsibility to ensure the correct content is submitted to BPI. All photos and images must be delivered to BPI in a digital format and must follow all copyright laws.

BPI offers a satisfaction guarantee and throughout the design process you will have several opportunities to review the content and design in detail. BPI requests that if you have any changes, you create one list of all requested revisions.  Once the website goes “live” You agree that BPI has satisfactorily rendered its services, that the website is functional to your satisfaction and that you have approved all content and design of the website.

BPI’s monthly service and support includes changes and updates to your website. If at any time you need to make a change to your website please contact BPI and BPI will be happy to make the requested change. Please keep in mind that these changes cannot include anything that was not paid for in the initial invoice. If changes outside of the original invoice are requested you will be provided with a separate quote.

All domain names, logos, marketing materials and website designs purchased or created by BPI remain BPI’s sole property until you have paid all amounts invoiced and paid all service fees incurred during the monthly hosting service period in your contract.

Montly Payment Option. BPI offers an optional monthly payment plan. Subject to BPI’s approval, in its sole discretion, if you elect to utilize the monthly payment plan, you are required to execute a monthly payment commitment that is structured from the date of sale. You agree to pay one payment per month on the due date of each month for twelve months. If You default on a payment, BPI may commence necessary collection procedures. These procedures amy include, but are not limited to, use of third party collection services or attorneys and reporting the delinquency or default against Your credit report. You agree to pay all costs of collection, including but not limited to, attorney’s fees, fees and costs, and courts costs.

Monthly Service and Support. Monthly service and support is billed every thirty (30) days from the point of sale and will begin regardless of Your website’s status. You agree that all monthly service and support fees are non-refundable.

You authorize BPI to withdraw Your monthly service and support fee from the credit card You provide. If You would like to update Your credit card on file, You may do so at any time prior to Your next billing cycle.

You may cancel Your monthly service and support hosting service at any time as long as a 30 day written notice has been received by BPI prior to the next billing cycle. Acceptable cancellation notices include email, fax, and written letter. In the event that you cancel the monthly hosting service prior to the expiration of your contract, all domain names, logos, marketing materials and website designs purchased or created by BPI will remain BPI’s sole property.

Miscellaneous Provisions. BPI regularly backups the server for all of its Clients’ websites. BPI keep daily, weekly, and monthly backups of all websites. Clients at anytime can request that BPI roll-back their website with one of these backups. Notwithstanding the foregoing, it is expressly understood that BPI is not responsible to back up any Client’s website and is not liable or responsible for any lost data. You are advised to seek appropriate backup solutions.

BPI strives to operate within Google’s “Webmaster Guidelines” and in doing so refrains from guaranteeing any particular ranking as a result of its marketing efforts. (See the following quotation – “No one can guarantee a #1 ranking on Google.”

Neither BPI, nor any of its third-party content providers shall be liable for any damages, of any kind, whether direct, indirect, incidental, consequential, or punitive, otherwise, for any lost revenues or profits of any Client.

It is Your responsibility to ensure that any and all content submitted to BPI is original content and that it does not infringe on any third-party copyrights, trademarks or other intellectual property rights. You further agree that You will assume full responsibility and liability for any infringement of Your website, including but not limited to the website’s content or design. Your further agree to indemnify BPI for any costs, fees, court costs, legal fees, damages or other harm incurred, to defend itself or otherwise made necessitated as a result of the content or design of Your website.

BPI is protected by all U.S. and International copyright laws. All rights not expressly granted are reserved.

BPI respects copyright, trademark and intellectual property rights of others. BPI reserves the right to terminate an account if it is found to have violated or infringed on the intellectual property right. You also understand that BPI is not liable if You send BPI infringing material to be added to Your website or if You add infringing material to Your website through BPI’s content management systems.

You agree that if BPI is involved in any lawsuit, legal proceeding or other proceeding, as a result of Your actions or the content or design of Your website, that You will indemnify BPI for all costs, expenses or damages paid by BPI, including but not limited to BPI’s attorney’s fees and costs.

You further agree that in the event that BPI is obligated to engage counsel, or initiate legal proceedings or proceedings to enforce the Terms, You will pay all of BPI’s legal expenses, including, without limitation, attorney’s fees, court costs and other expenses.

Privacy Statement.

BPI understands that privacy online is important to its Clients.

Upon purchasing products or services BPI may collect additional personal information including, but not limited to: credit card numbers, account number, bank account information and any combination of personal information that could be used to determine identity.

Except as set forth herein, BPI, does not share Your information with any other third party; however, due to the nature of outsourcing and special circumstances, BPI will obtain a written permission to use a Your website for perspective Clients prior to disclosure.

BPI uses Personally Identifiable Information to customize the Site, to make appropriate service offerings, and to fulfill buying and selling requests on the Site.

Personally Identifiable Information collected by BPI is securely stored and is not accessible to third parties or employees of BPI except for use as indicated herein.

BPI has entered into and will continue to enter into partnerships and other affiliations with a number of vendors. Such vendors may have access to certain Personally Identifiable Information on a need to know basis for evaluating authorized Clients for service eligibility. BPI’s privacy policy does not cover their collection or use of this information.

BPI will disclose Personally Identifiable Information in order to comply with a court order or subpoena or a request from a law enforcement agency to release information. BPI will also disclose Personally Identifiable Information when reasonably necessary to protect the safety of our visitors and authorized Clients.

All of our employees are familiar with BPI’s security policy and practices. The Personally Identifiable Information of our visitors and authorized Clients is only accessible to a limited number of qualified employees who are given a password in order to gain access to the information. BPI audits its security systems and processes on a regular basis. While BPI takes commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering and break-ins, and BPI cannot, and does, guarantee or warrant that such events will not take place and BPI will not be liable to visitors or authorized Clients for any such occurrences.

Please contact BPI if You have any questions.

Business Promotion Inc
3130 West Maple Loop Drive Suite 200
Lehi, Utah 84043
866-664-5216
businesspromotioninc.com
design@businesspromotioninc.com