eGumball and MyServiceProfile Terms and Conditions
1. Billing & Payments
Initial set up fee and first month installment is due to eGumBall, Inc. upon signup. Installment payment amounts are subsequently billed by eGumBall each month thereafter. After the initial publication term the agreement is on a month to month basis.
2. Cancellations & Refund Policy
2.1 Three Day Right To Rescission
You may cancel service and receive a 100% refund within the first three (3) days of your initial agreement. Three day cancellations must be received by fax (1-855-890-8940) or by email billing@egumball.com. Three day rescission cancellations are not permitted by phone. Confirmation notices will be emailed to client upon receipt during regular business hours. We are open Monday through Friday - 7:45am to 3:15pm (PST).
2.2 Change/Cancellation of Billing Method
Change/Cancellation of billing method can be made anytime by calling 1-800-890-8940. You can also change/cancel your billing method by fax (1-855-890-8940) or by email billing@egumball.com. Confirmation notices will be emailed to client upon receipt during regular business hours. We are open Monday through Friday - 7:45am to 3:15pm (PST).
2.3 Cancellation of Out of Term Service
Cancellation of out of term month to month service can be made by fax (1-855-890-8940) or by email billing@egumball.com. Cancellation of service must be received fifeteen (15) business days after the billing anniversary date. Refunds will not be offered after the (15)th business day of your cycle period. Confirmation notices will be emailed to client upon receipt during regular business hours. We are open Monday through Friday - 7:45am to 3:15pm (PST).
2.4 Refunds
Refunds are processed same business day as requested. Be advised that refunds may take 3-5 business days to post to clients credit or check card per card association processing standards. Confirmation notices will be emailed to client upon receipt during regular business hours. We are open Monday through Friday - 7:45am to 3:15pm (PST).
3. Guarantee and Warranty
Due to the periodic changes within search engine algorithms and the accessibility of open source citations, eGumBall cannot guarantee which search engine result page and or line placement your business will appear. Therefore it is best practice to inform eGumBall of any past or future internet marketing plans you may have to avoid future search engine guideline penalty.
4. Invoicing
Client's signed application takes place of invoice. Monthly installment amounts are billed and applied to the billing information provided by client. If in the event that client's method of payment has changed, client's signed application binds all billing instruments provided by client.
5. Rights & Permissions
Client has obtained all rights and permissions required in order that data, recordings, domains, artwork and printed material supplied by Client to Contractor may be replicated onto or into compact disc(s)/cassettes(s); that the data, recordings, artwork and printed materials will not infringe upon any trademark, copyright, contract, property rights and that customer has paid any and all royalties or other charges to be paid pursuant to copyright law of the United States, any statute, order, or other law, right or contract governing such materials; and the materials do not contain matter which is libelous, defamatory, obscene or invades the rights of privacy or rights of any individual. Materials obtained by Contractor for license to this production will be invoiced to the client for payment before use. In some cases, copyright of creative work may remain with the outside vendor, and the client will pay "use fees" for specific promotional purposes. Client will receive a copy of creative developed and a Contractor representative must complete necessary adjustments, if any are required at a later date. Payment entitles the client only to usage as specified. Contractor retains the right to use creative development for client in any future advertising. Client signature authorizes Contractor to act on their behalf as (LSEO) & (SEO) agent during the duration of this agreement. Client authorizes Contractor to post, publish and or edit their business profile or internet advertisements.
6. No Liability for Damages
In no event shall eGumBall, Inc. or its suppliers be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use this product, even if the company has been advised of the possibility of such damages. In any case, Contractor and its suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid for the local listing with search engines, web site development, domain registration, creative development and promotional products inclusive. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
7. Termination
Client reserves the right to terminate any assignment "At Will", in which case eGumBall, Inc. will be compensated to the completion of the of application, and all expenses will be due and payable immediately. eGumBall, Inc. reserves the right to terminate any assignment without penalty and deliver current work on any assignment to client, with all invoices for work to date then due and payable immediately. Early cancellation of any contracted agreement for SEO, Promotional Products Inclusive, Promotional Products Ordered, E-Mail Marketing, Telemarketing or Marketing Consultations will result in an early termination fee of 100% of the remaining agreement(s).
8. Copyright
Ownership of concepts and/or executions transfers from Contractor to the client only after payment of full invoices. eGumBall disclosed proprietary methods of optimization cannot be copied without prior exclusive written consent of eGumBall.
9. Authority
The person signing on behalf of the Client hereby personally represents and warrants that she/he has full authority to approve Contractor's service. Contractor accepts any orders herein in reliance on that representation and warranty.
10. Late Charges
All fees and expenses are due and payable on the 6th of each month. Any expenses not paid within 30 days are subject to interest penalties of 20% each month.
11. Collections
If Client fails to pay as approved. eGumBall, Inc. will be entitled to all reasonable costs of collection, including attorneys' fees, court costs and all other related expenses. Laws of the State of California shall apply. The venue for all court hearings is in Laguna Hills, California (Orange County / Harbor Justice Center).
12. Client Disclosure
Client agrees to inform eGumBall, Inc., in writing, of any internet marketing campaigns past or present prior to submitting their application. Client failure to disclose such information can compromise service. Client agrees to contact eGumBall, Inc. first prior to executing any internet marketing campaigns post application which may interrupt service. Client agrees to contact eGumBall, Inc., in writing, when there is a change in company information, such as change of name, address, phone number and or web site address.
13. Updating
eGumBall, Inc. reserves the right without penalty to upgrade client profiles "At Will" in order to meet current SEO guidelines which may temporarily interrupt service.
14. Correspondences
All correspondences sent by mail must be sent as delivery receipt requested. Please store your delivered receipts for your records. Please maintain all fax delivery confirmation receipts.
15. Billing Instrument
Client can change their method of payment by contacting billing at 1.800.890.8940. Client understands that the original signature of the original application gives eGumBall, Inc. the right to bill any method of payment provided by client.
16. Domain Registration
Client understands that at the contractors expense a domain name may be registered and hosted with a template based website. The domain name may be similar to the clients existing domain name and used in accordance the terms of service (ie Sponsored Ads). Registered domain names are non-transferable.
17. Arbitration
THIS SECTION CONTAINS A MANDATORY ARBITRATION PROVISION WHICH DISALLOWS CLASS ACTIONS. THIS SECTION CONTAINS A CLASS ACTION WAIVER PROVISION AND A JURY WAIVER PROVISION. By using this service, you agree to arbitration resolution and agree that eGumball, at its own discretion, may require you to file any disputes arising from the use of its service, or these terms and conditions concerning or, including disputes arising from or concerning their interpretation, nullity, violation, non-performance, invalidity or termination, as well as disputes about filling gaps in its contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state of California. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
18. Right To Change Terms
In order to meet the ongoing changes with search engine guidelines, eGumball may revise it's terms of service at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages on the eGumball website.
19. Communications
Client agrees to be an active participant in their internet marketing campaign and agrees to respond to eGumBall requests within a reasonable time frame.