Terms of Service
Thank you for choosing Potenture
By accepting this Terms of Service (TOS) electronically, in writing, and/or by using any one of Potenture’s services, including but not limited to, payment or authorization of payment, or agreement to any services, you (Client) agree to be bound by the following terms and conditions. Client also agrees that Client’s electronic acceptance of these terms and conditions shall have the same force and effect as if Client had agreed to these terms and conditions in writing. Potenture reserves the right to enforce any and all of these terms and conditions if and when Potenture deems it necessary.
Description of Services
Potenture provides online marketing services and other website-related services including, but not limited to: website design services, search engine optimization campaign development and management services, pay per click advertising campaign development and management services, modification of websites, e-commerce, flash, logo design, website-traffic reporting, database development, content management systems for easy updating, article writing and copywriting services, email account support, website hosting and additional website-related services. Client understands that Potenture’s services may include certain other communications from Potenture such as promotions of products or services, notices, service announcements and newsletters.
Because the internet is worldwide and websites can be accessed by anyone, anywhere at any time, the Client agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Client agrees to comply with a) all laws and regulations regarding the transmission of technical data exported from the United States, or the country in which Client resides and/or transacts business, and b) all laws and regulations regarding the collection and processing of personal data, including those relating to the transborder transfer of personal data. Potenture is not responsible or liable for any illegal activity that a Client decides to engage in.
Potenture is not in any way, shape or form, liable for the success or lack of success of a business or company. The Client, and the Client only, is ultimately responsible for the success of their own business. If the Client goes out of business, shuts down their company or is forced to sell their company, they agree to fully release Potenture from any responsibility or liability regarding the failure of the business or company.
If the Client breaks any tax laws or is audited by the IRS, Potenture is not liable for any penalties or money that the Client may owe to the IRS.
Potenture is not in any way, shape or form, liable for any illegal activity that a client decides to engage in, regardless of the knowledge Potenture has of any situation.
Potenture does not issue refunds to Clients for any services. There are only two situations in which Potenture would issue a refund.
- A written agreement was signed by both parties (the client and Potenture) before the project begins stating that a refund will be given under a set of circumstances.
- An overcharge was made to the client's credit card or paypal account by mistake. If Potenture accidently charges a Client's paypal account or credit card by mistake, Potenture will then issue a refund for ONLY the exact amount that was overcharged.
Search Engine Optimization Service
Any extra requirements not included in the scope of a search engine optimization project or any website revisions outside of the scrope of the project will be charged accordingly on top of the original price.
Depending on the size and type of the Client’s website, the amount of time a website has been established, age of the website’s domain name, the amount of keywords chosen, the competitive nature of the keywords that is chosen and other key factors, the organic search engine optimization process can take as long as 1 month to over a year before showing any significant results. These are very rough time estimate ranges that are based on past history and cannot be guaranteed. In the event that the client requires certain changes or updates to their website during the organic search engine optimization process, Potenture cannot be held responsible for any type of effect these requested changes will have on the website’s search engine rank.
Part of Potenture’s search engine optimization process is to use the necessary tools to research proper and targeted keywords which are relevant to the Client’s business and are shown to drive a reasonable amount of potential user searches and website traffic. If a Client selects a particular set of keywords without the input of Potenture, then Potenture will perform optimization activities for those keywords and is not responsible whatsoever for the amount of website traffic, or lack thereof that the Client receives. Potenture makes no guarantee that any selected keywords by the Client or any keywords selected by Potenture will generate a certain amount of website traffic or any website traffic at all.
Since Potenture does not control website clicks, does not control website users and their buying decisions, does not control the search engines, does not control Google, does not have any direct affiliation with any search engine and does not have full control over actual search engine results, we cannot make 100% guarantees on the following points:
- Exact placement in search engines
- an increase in website traffic or sales as a result of high placement or first page placement
- the amount of time it will take to effectively rank certain keywords on the first page of search engines
Potenture will perform the exact same activities and techniques we have performed for all of our successful clients to help outrank their competitors, as well as our own successful sites. Potenture will help the client to target ideal customers for the Client to the best of our ability. Potenture is not in any way responsible for any decline in a Client’s business. Potenture cannot and will not be held responsible for the types of leads and calls that the Client may receive as a result of a high search engine placement. Potenture cannot control and cannot be held responsible for any types of automated bot traffic, spam, or telemarketing solicitations from 3rd party vendors or 3rd party companies or any other types of calls that do not come directly from Potenture as a result of high search engine placement. Potenture reserves the right to immediately halt any SEO campaign development or management due to failure to make any necessary or required payments.
Pay Per Click Campaign Services
Any extra requirements not included in the scope of a pay per click campaign development project or any website revisions outside of the scrope of the project will be charged accordingly on top of the original project price.
Potenture will perform the exact same activities and techniques for pay per click campaigns that we have performed for all of our successful clients to help outrank their competitors, as well as our own successful sites. Potenture will help the client to target ideal customers for the Client to the best of our ability. Potenture is not in any way responsible for any decline in a Client’s business. Potenture cannot and will not be held responsible for the types of leads and calls that the Client may receive as a result of a sponsored ad placement. Potenture cannot control and cannot be held responsible for any types of automated bot traffic, spam, or telemarketing solicitations from 3rd party vendors or 3rd party companies or any other types of calls that do not come directly from Potenture as a result of high sponsored ad placement. Potenture reserves the right to immediately halt any Pay per click campaign development or management due to failure to make any necessary or required payments.
Since Potenture does not control website clicks, does not control website users and their buying decisions, does not control the search engines, does not control Google, their Adwords system or their bid system, does not control Microsoft, their Adcenter system or their bid system, does not control Yahoo, any of their pay per click systems or their bid system, does not have any direct affiliation with any search engine and does not have full control over actual results, we cannot make 100% guarantees on the following points:
- an exact estimate on bids/costs per click for particular keyword(s)
- a lower cost per click for particular keyword(s)
- an increase in traffic or sales
- the amount of time it will take for ads to show up on their respective search engines
- the amount of time it will take to resolves issues that are not in control of Potenture
- the amount of time it will take for Google, yahoo, or microsoft to provide support for a particular issue which is out of the control of Potenture
Client Approvals and Live Websites
The Client understands and agrees that if the Client does not respond to requests for missing information a final notification will be sent to the Client. If the Client does not respond within 5 business days to Potenture’s notification or requests for missing information, the website, along with the functionality of the website and the services rendered, will be deemed to be approved by the Client, and the website will be taken live with the missing information "as-is" or "under construction".
Custom website designs will not go live online until all outstanding balances are paid in full. Potenture will not, under any circumstances, post a custom website design live online or post any website updates live online as long as there is an outstanding balance.
Scope of Work (all project types)
Client understands that the purchase of any service may include a specific number of pages, features, keywords, and/or functionality. The Client invoice and specifications lists the specific features, functionality, keywords and number of pages purchased. If the Client desires additional features, functionality, updates or pages then the client may request a price quote to purchase as additional enhancements to their website or project. Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate or as specific enhancements.
Website Design and Construction Procedure
With input from the Client, Potenture will develop the website. Before work may begin on a website, the Client must accept these Terms of Service. When constructing the website, links to sample sites the Client likes may be submitted to Potenture by the Client and will be for general information purposes only and will assist Potenture with the design of the Client’s custom developed website. The functionality and detail of the sample sites will not be duplicated unless such functionality and detail are specifically asked for by the Client. If the Client decides that they want to duplicate a website and its design, functionality, or content, then the Client agrees to fully release Potenture from any responsibility. Potenture is not liable for any copyright infringement or intellectual property issues or lawsuits which may incur as a result of duplication of another website or content.
If a Client submits their own content for a website design to Potenture, then Potenture will not be held liable for accuracy of information, typos, or spelling errors in any of the content. Any content submitted from the client will be used "as-is" for the website. If the Client requires Potenture to fix spelling errors, typos, etc in content that was submitted from the Client, the extra time needed to fix such errors may be charged accordingly on top of the original estimate.
Website Change Requests Before and After Website Goes Live (website design projects)
Potenture agrees to build a website under the specifications quoted per the original sale and original invoice. Any additions or changes requested outside of the scope of the original sale, either prior to the custom website going live, or after the site has gone live, will be billed at Potenture’s standard hourly rate. Potenture is not obligated to complete Client requests or changes which are outside of the scope of work on the original invoice.
Project Completion Timeframes
Client understands, agrees and acknowledges that Potenture cannot and does not guarantee a specific turnaround time for the completion of any project. Before projects commence, a reasonable estimated turnaround time will be given based upon the amount of perceived work for the project. The main reason is that it is difficult to complete a website design project without design approvals and participation from the Client. In addition, if the Client continues to submit additional content or specifications throughout the development process, or requests additional modifications to a project, the completion time frame will have increased by default. If Client’s website requires custom programming, functionality, flash, e-commerce or the use of a database, the overall development time will be extended.
There are several external factors which are out of our control that may hinder the progress of a search engine optimization campaign or development of a pay per click advertising campaign. These factors include, but are not limited to: update/index time of particular search engines, technical/code issues within a Client’s website that was not originally built by Potenture and lack of adequate participation from the client.
Extra Website Design Time/Service Contracts/Updates
Client may wish to make changes or updates to the live website that Potenture has built and is hosting or to a website which was built by a 3rd party. Certain updates may be included or not charged for, depending upon the arrangement that Potenture and the client have agreed upon. Potenture cannot make guarantees on which updates will or will not incur charges. If Client desires for Potenture to make changes or updates to website and these changes or updates will incur fees, then time may be purchased at an hourly rate or in blocks of time as a monthly/yearly/etc contract.
If a website was built by Potenture on a content management system which has allowed the Client to perform updates to website, Potenture is not responsible for any changes that the Client makes to website via the content management system, or if Client breaks the website. Time required by Potenture to repair errors or changes made by Client will be billed to Client at Potenture’s standard hourly rate. Ecommerce/online transactions integration, databases, backend programming or anything involving flash are considered significant enhancements and will always incur charges. These are more involved and are not considered website design updates. The appropriate fee will be charged for the purchase of each enhancement. Prepaid Design Service Contract time may not be used for anything involving Flash, ecommerce add-ons, database add-ons or custom backend programming.
Online Marketing Representations
Potenture will not represent or market Client’s products or services unless Potenture has been contracted to perform some type of online marketing services (this does not include actual website design). Examples of these online marketing services can include: search engine optimization, pay per click management and social media marketing.
Unless one or more online marketing service (not including actual website design) has been contracted by Client to Potenture, the Client is responsible for all marketing of Client’s website. Potenture is not in any way responsible for Client’s search engine rankings if some kind of search engine optimization services have not been agreed upon.
Client is responsible for any 3rd party fees incurred that are necessary for completion of project which may include but is not limited to: merchant accounts, payment gateways, credit card/paypal transaction fees, domain name registration fees or anything else that Potenture does not directly provide unless otherwise instructed by Potenture or some special type of agreement has been made.
Domain Names and Website Ownership
Client is responsible for the purchase and renewal of domain names and will be billed directly by domain name provider for annual renewal fees unless Client specifically instructs Potenture to perform domain name renewal and registration. If Potenture registers a domain name for Client, then the Client agrees to pay Potenture any fees incurred for domain names purchased and/or renewed by Potenture on Client’s behalf.
Since domain name registrations are always handled by a 3rd party, Potenture cannot guarantee availability of certain domain names or any changes in domain registration fees. Domain names purchased by Potenture on Client’s behalf along with website designs, databases, stores, or applications created by Potenture are the property of Potenture until Client has paid all outstanding balances owed on each item.
Once all outstanding balances are paid, transfer of ownership to the Client occurs and the Client is free to do what they wish with their purchases. If the Client shuts its own doors and goes out of business, then the ownership of the Client’s domain name(s), website(s) and anything else created by Potenture may or may not be transferred to Potenture.
If Client ceases to pay any hosting fees, monthly or yearly, Potenture reserves the right to suspend Client’s website with or without warning. Potenture reserves the right to register and become the owner of any discontinued, non-renewed or expired domain names that were previously owned by the Client. In the event that Potenture becomes the owner of a discontinued, non-renewed or expired domain name that was previously owned by the Client, Potenture then becomes the sole owner and may use the domain name for Potenture’s sole benefit.
If Client has not informed Potenture in writing that they are switching service providers and ceases to pay monthly or yearly hosting fees, the Client's website will be suspended until payment has been made. If after 60 (sixty) days, outstanding hosting fees have still not been paid, then the website/Client will be considered "out of business" and Potenture will claim ownership of Client's domain name(s), website(s) and any other materials/services that Potenture has created and was managing for the client.