These terms of service outline the rules and regulations for the use of Amplico Marketing LLC’s website, located at amplicomarketing.com.
By accessing this website we assume you accept these terms of service. Do not continue to use Amplico Marketing if you do not accept all of the terms of service stated on this page.
The following terminology applies to these Terms of Service, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person on this website, compliant to the Company’s terms of service. “Amplico”, “Amplico Marketing”, “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to Amplico Marketing LLC. “Party”, “Parties”, or “Us”, refers to both the Client and the Company. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law in the State of Ohio. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Primary Language
English is our company’s primary language. All communication will be in English, unless stated otherwise.
Website Cookies
Amplico employs the use of cookies. By accessing our website, you agreed to use cookies in agreement with our Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
Licenses of Intellectual Property
Unless otherwise stated, Amplico and/or our licensors own the intellectual property rights for all material on our website. All intellectual property rights are reserved. You may access our website for your own personal use, as long as you do not:
- Republish material from Amplico Marketing;
- Sell, rent or sub-license material from Amplico Marketing;
- Reproduce, duplicate or copy material from Amplico Marketing; or
- Redistribute content from Amplico Marketing.
Parts of our website offer an opportunity for users to post and exchange opinions and information. We do not filter, edit, publish or review comments prior to their presence on the website. Comments do not reflect the views and opinions of our company, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Amplico shall not be liable for the comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on this website.
We reserve the right to monitor all comments and to remove any comments which can be considered inappropriate, offensive or causes breach of these Terms of Service.
You warrant and represent that:
- You are entitled to post comments on our website and have all necessary licenses and consents to do so;
- Your comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- Your comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy; or
- Your comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Amplico Marketing LLC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your comments in any and all forms, formats or media.
Website Links
If you find any link on our website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- Limit or exclude our or your liability for death or personal injury;
- Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- Limit any of our or your liabilities in any way that is not permitted under applicable law; or
- Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Release of Risk
To the maximum extent permitted by law, our company, suppliers, and contractors disclaim all warranties not expressly set forth in this document, whether express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to our services. The maximum aggregate liability we may have to you will be limited to the total amount of fees collected from you. Amplico will have no liability in connection with the functionality or content of any search provider or internet publisher or website not owned by us.
Claims
All claims against Amplico must be made and filed in a court of competent jurisdiction, that being within Medina County, Ohio, within one (1) year of the last date of service provided. Knowing that the applicable statute of limitations may be greater than one (1) year, clients waive said statute of limitations and agree that suit must be filed within one (1) year or be barred.
This transaction is a commercial transaction and not governed by the Consumer Protection Act. In any action brought under this agreement, you waive your right to a trial by jury. In the event that you breach this agreement, you will be responsible for any attorney’s fees and costs in the collection, suit, post judgment, appeal, and the like, of these monies due and other prosecution and/or defense fees under this agreement. Furthermore, you acknowledge that all claims are against the company Amplico Marketing only, and you hold all employees, contractors, and associates of said company individually harmless for their services. Should a claim arise, it must be made in writing to:
- Amplico Marketing LLC, 844 Edgar Lane, Brunswick, Ohio 44212, USA
Explanation of Services & Exclusions
Website Design and Development: Amplico Marketing offers design and development services, both for web-based projects as well as intranets, mobile applications, CRMs, and other projects. All web design hosting is done via a 3rd party and we cannot be held responsible or liable for issues arising from web hosting, site down time, improper backups, loss of data, or any other hosting related issues. Client is responsible for reviewing all content created by Amplico Marketing for accuracy, errors and omissions.
Amplico Marketing will only utilize images when we have full copyright permission. Any images provided by the client are assumed to be the property of the client. All images and aspects of the website belong to the client, and Amplico Marketing is in no way responsible or liable for any issues that arise due to the images, videos, text, or other content on the client’s website. When a client requests that Amplico Marketing utilizes stock images, photos, videos, or other media on a web design project, it is the responsibility of the client to follow all terms, copyrights, and licensing agreements for such media and is in no way the responsibility of Amplico Marketing.
For certain projects, there may be the need for Amplico to order themes, additional code, pictures, videos, or other media from 3rd parties. It is the client’s responsibility to cover these additional costs if they are not explicitly included in the original price quote. It is also the client’s responsibility to abide by any 3rd party terms or agreements for such items.
Amplico makes every effort possible to satisfy the needs of our clients. With all projects, we require any special requests to be made upfront prior to beginning the project. Any requests that are made after the project will be billed at our hourly rate to make the necessary changes. Special requests must be submitted in writing prior to the start of the project, including but not limited to themes, layouts, colors, text, content, page copy, color schemes, logos, graphics, icons, and any other on page elements. Requests that are submitted prior to the start of the project may be re-quoted. Any requests that are submitted after the start of the project will be billed at our standard hourly rate.
All packages include basic revisions, including small changes to the site which include swapping out images, changing parts of text, and minor edits as needed. Revisions will not exceed 3 hours of revision work unless otherwise stated in the project proposal. All revisions must be submitted to Amplico Marketing in writing within 5 business days of project completion, otherwise any revisions will be billed at the standard hourly rate. Any major edits including theme changes, layout changes, color scheme changes, and large onsite elements will be billed at our standard hourly rate and are not included in the package.
When starting a website design and development contact, Amplico Marketing assume that the current website is coded properly and that all involved 3rd parties, including company employees and 3rd party vendors, have provided accurate information pertaining to the coding and elements of the website. The cost estimate for the new design and development project is based on the information provided to us by the client and applicable 3rd party vendors.
Amplico Marketing is not responsible for additional costs incurred due to inaccurate information or problems with your current site which are discovered during the design process. Such additional costs will be billed at our standard hourly rate. When utilizing 3rd party data or 3rd party coding, our price quote is fully contingent on the 3rd party providing data in the proper format, layout, and structure so that it may easily be integrated into the website. Price quoted for website design and development may change if pricing from 3rd party vendors have changes in coding, software, API’s, or other pieces of software. In the event that these additional costs exceed the client’s budget, we will notify the client in writing to ask how they wish to proceed with the project. If a client agrees to proceed, we will provide them with a new estimate for the total cost of the project. If they do not wish to proceed, we will bill them for all current work already performed on the website and end the contract. Due to the nature of development work, any costs and time estimates provided during the proposal process are a good faith estimate and may change upon the start of the project or during the project depending on any changes in scope, coding conflicts, or other issues that arise as the result of the development project. Client is responsible for reviewing all content created by Amplico Marketing for accuracy, errors and omissions.
- Standard hourly rate is currently $100/hour
Website Hosting and Server Usage: Amplico Marketing offers web hosting via our shared web hosting servers. This provides you lower monthly fees, and a higher level of control and autonomy over your hosting account. If you decide to terminate services with Amplico Marketing, you may continue your relationship our hosting provider directly. This must be requested upon termination of the account.
Amplico takes every precaution possible to ensure websites remains live at all times. However, due to the nature of web hosting, we cannot guarantee 100% up-time. Amplico Marketing is not responsible for any losses incurred during any server or internet downtime, including but not limited to lost opportunities, lost revenues, or other financial or non-financial losses.
Clients are limited to a reasonable amount of resources on servers, including but not limited to limits imposed on RAM, hard drive space, emails sent per hour, monthly bandwidth, and other standard limits. These limits are assigned on a case by case basis and can be provided by your account representative upon request. If it is found that you have exceeded these limits, you will be notified. If you continue to repeatedly exceed these limits, we will discuss upgrading your hosting plan. If no action is taken, your hosting account may be terminated for overusing server resources.
Amplico is not responsible for any sensitive data that you or website visitors may transmit through the website. We strongly recommend that all clients purchase cybersecurity insurance.
Search Engine Optimization: Amplico Marketing’s search engine optimization services include both on-page and off-page optimization work. We will require website admin and server access to your website to implement on-page SEO changes. Amplico may provide an estimated time frame or cost for ranking higher in search results. Such an estimate is only a best guess from past experiences and may not accurately reflect the actual amount of time or cost to achieve higher rankings due to factors beyond our control — such as website age, website content, search engine algorithm changes, and other factors. Amplico Marketing’s primary objective is to improve your company’s search engine rankings, however due to factors beyond our control and constant changes in search engine ranking algorithms, we cannot guarantee that your website will increase in rankings. Amplico Marketing takes every measure possible to protect your site from adverse effects of search engine optimization work, including following applicable industry best practices and closely monitoring SEO campaigns. In extremely rare cases, search engine optimization work can harm search engine rankings, including but not limited to lower keyword placement, lower website traffic, search engines deindexing your site, and search engine penalties. Clients are responsible for reviewing all content created by Amplico Marketing for accuracy, errors and omissions. Amplico is not liable or responsible for any declines in search engine rankings, lost revenues, lost traffic, lost opportunities, or any other damages that may result from utilizing our content creation and SEO services.
Social Media Marketing: Amplico Marketing’s social media marketing services consist of building or optimizing a page on Twitter, YouTube, Facebook, and/or other social media websites. Our marketing services also include building a fan base and following on these social media sites. We require full access to your social media accounts, including but not limited to administrator access and/or username and password to make applicable changes both on-page and off-page. We guarantee to meet any quotas provided in your social media marketing proposal, however due to the ever-changing nature of social media and 3rd party websites, we cannot guarantee that you will retain all of your fans, followers, or subscribers on social media websites. Client is responsible for reviewing all content created by Amplico Marketing for accuracy, errors and omissions.
Automated Lead Nurturing via Email Marketing: Amplico Marketing is not responsible for ensuring email marketing campaigns comply with any/all applicable laws, CAN-SPAM Act, or GDPR. It is the client’s responsibility to ensure that any email marketing campaigns setup by Amplico Marketing comply with all applicable laws and regulations in my jurisdiction. Client is responsible for reviewing all content created by Amplico Marketing for accuracy, errors and omissions.
Changes and Alterations
Subscriptions may be altered or modified at any time at the sole discretion of Amplico Marketing if a client is in violation of any terms of service. If there may be changes in this agreement, disclaimer, or content, clients will be notified in writing via email. There may be changes to our services, pricing, or subscriptions in which case clients will be given advanced notice in writing via email and have a period of five (5) business days to cancel or change services based on any alterations in service. It is the client’s responsibility to check for changes or updates to this agreement on a monthly basis. Any pricing or proposals offered by Amplico Marketing are valid for thirty (30) days from the date of issuance. All written proposals are an estimate from Amplico based on information provided to us at the time of the proposal. Any changes in scope to a project or problems discovered while working on the project may incur additional costs and time. Should this occur, the client will immediately be notified of any additional costs for the project.
Refunds, Cancellations, & Disputes
Amplico Marketing has a no-refund policy on services, including but not limited to:
- Website design and development services, website hosting, search engine optimization services, social media marketing services, automated lead nurturing services, online reputation management services, pay-per-click ad management services, and/or general marketing consulting.
If a client wants to cancel any services, excluding monthly recurring charges, the client will be responsible for a cancellation fee of 20% of the agreement plus any services already completed. Monthly recurring charges may be cancelled at least 30 days prior to the monthly billing date. Upon notice of cancellation, the client will be responsible for one additional charge for the final month of services. In the event that you are in any manner dissatisfied with any aspect of Amplico Marketing’s performance, notify us within seven (7) days in writing via certified mail to our company postal address:
- Amplico Marketing LLC, 844 Edgar Lane, Brunswick, Ohio 44212, USA
Amplico Marketing shall have seven (7) days from the date of receipt of such notification in which to initiate efforts to resolve any concerns, whether by remedying the alleged defects, providing a partial credit against outstanding balances to be determined at our discretion, or otherwise. In no event shall a client be entitled to a credit, charge back, back charge, or dispute unless the client first provides Amplico Marketing with notice and opportunity to resolve the problem in accordance with the foregoing. Client’s failure to comply with the foregoing shall constitute a waiver of any alleged breach by Amplico Marketing concerning its alleged failure to perform obligations hereunder. Amplico Marketing’s obligations hereunder shall be suspended during any time in which the client is late with respect to any payment due to Amplico Marketing.
Amplico Marketing reserves the right to terminate any client account, including but not limited to:
- Website design and development services, website hosting, search engine optimization services, social media marketing services, automated lead nurturing services, online reputation management services, pay-per-click ad management services, and/or general marketing consulting.
Payment & Terms
Any services provided must be paid within terms of contract. A credit card or electronic funds transfer (EFT) will be utilized for billing purposes for all recurring services. Any other invoice not paid within the terms of contract will be billed to the credit card or EFT on file. In the event that the credit card or EFT on file is not approved, any outstanding balances will be subject to a late penalty of 5% compounded weekly. Any outstanding debts that cannot be collected might result in the client’s website being taken offline, services being undone, and the debt being turned over to collections. Any fees resulting from the collection of unpaid invoices will be added to the invoice, including but not limited to interest, collection agency fees, legal fees, time spent on collections billed at our standard hourly rate, and/or any other collection related expenses.
- Standard hourly rate is currently $100/hour
Legality & Regulations
Amplico Marketing provides services pursuant to the express instructions of our clients and makes no representations to the legality of the work performed, the conformance of the work performed with existing or future laws, the conformance of the work performed with existing or future regulations by any regulatory or governing body, or the like. It is the sole responsibility of the client and their legal counsel to ensure compliance with all applicable laws, regulations, trademarks, copyrights, or the like.
Branding
We reserve the right to feature your SEO, web design, or marketing campaign on our website as a case study, testimonial, or other featured item. This includes utilizing your company name, logo, and any other trademarked or copyrighted information that would be applicable to conveying the information needed in a case study or featured item. We will not post any personal or sensitive information, such as strategies, billing information, personal contact information, or sensitive data about your business or project. Furthermore, Amplico Marketing reserves the right to brand our SEO, web design, or marketing clients with a link in the footer of your website. The footer link will be placed in a discrete way and will state “Website designed by Amplico Marketing”, “SEO By Amplico Marketing”, “Marketing By Amplico Marketing”, or the like.
Credit Card Usage
You authorize Amplico Marketing to utilize the payment method provided for any authorized purchases as part of Amplico Marketing’s services. These authorized uses may include but are not limited to purchasing stock images, purchasing website themes, setting up marketing accounts with 3rd parties, setting up website hosting with 3rd parties, setting up advertising with Google AdWords, Microsoft AdCenter, or other 3rd parties, and the like. I understand that this payment authorization agreement and contract shall permit authorized usage by Amplico Marketing and its agents.
Methods & Technologies
Amplico Marketing makes every reasonable attempt to ensure all techniques, methods, and technologies utilized by our company are up-to-date and in line with the latest industry best practices. However, due to the extremely rapid pace of change in the industry, Amplico Marketing does not expressly guarantee that the techniques, methods, and technologies utilized by our company will be the most up-to-date or in line with any current revisions to best practices except where expressly stated in a written proposal. Amplico Marketing is to be held harmless for any problems that arise due to technology, methods, or techniques not being the most up-to-date available. Additionally, due to constant changes in servers, content management systems (CMS), coding, and the like, Amplico Marketing cannot be held responsible for any security flaws or exploits discovered in web development, application development, or other projects.
Proposals, Estimates, & Plans of Action
All proposals, estimates, and plans of action offered by Amplico Marketing are contingent on the accuracy and quality of information provided to us by the client and based upon information in our possession and expressly stated in the proposal, estimate, or plan of action. Any estimates and time frame projections are based upon current availability of materials, interfaces, coding, labor availability, and other components required to deliver on said proposal, estimate, or plan of action. In the event that Amplico Marketing or our team discovers an additional feature, problem, coding change, or other element which is not expressly mentioned in the initial scope of the project, we will notify the client of any estimated additional expenses incurred as well as any additional time needed for completion of the project. Projected time frames do not take into account holidays, office closings, or other events outside our control. Due to the complexity of certain projects and the nature of web development, application development, and online marketing, all time frames provided in proposals should be used as an estimate or guideline and not a final projection of the exact time a project will take from start to finish. All proposal pricing is assuming all services within the proposal will be awarded a contract; pricing may change if the client decides to pick and choose certain services out of the proposal.
Authorized Personnel
Amplico Marketing may provide account details, website details, marketing details, and other information with any personnel deemed authorized by Amplico Marketing. Any staff or employee requesting information from a client’s company email address or client’s company phone number will be granted access to such requested materials. The client is responsible for providing to Amplico Marketing, in writing, a list of personnel who is not deemed authorized to receive such information and/or a list of personnel whom account information should not be discussed with. If such a list is not provided to Amplico Marketing, the information may be disclosed to anyone employed by the client’s company.
Digital Signature
The Electronic Signatures, Global and National Commerce Act permits for the use of electronic signatures. Any contracts with Amplico Marketing are bound by the rules and regulations of said act. Client IP addresses will be logged upon signing any digital contracts and will be a legally binding agreement with Amplico Marketing.