Buzzazz Terms & Conditions – as noted in all agreements, these terms are part-and-parcel of all working relationships with our valued clients.
Hello and thank you for taking time to review these terms.
With any new client project; our staff, the client and the salesman share responsibility to ensure the client receives what was ordered in a timely manner. We strive to deliver most projects between 30 – 60 days after final payment or earlier when possible – and this occurs over 95% of the time!
Our goal of course is to deliver to the client what was promised in the written contract within the framework of our products, services, pricing, policies, procedures, terms and conditions of sale. Whenever possible we strive to deliver more than what was expected by the client for what was ordered while still ensuring company profitability. Each client agrees to a paper or online contractual agreement that outlines their basic order, responsibility and payment obligations.
Our main duty is to deliver what is promised within a fair amount of time for a fair exchange. The following are the basic terms and conditions which apply to client orders, the company reserves the right to add, modify, change or remove items as needed to protect the general welfare of the organization and ensure all are operating well within the framework of the U.S. Constitution, commonly accepted good manner practices and all applicable governing laws.
If you feel something should be modified or an injustice has occurred, please address your thoughts to the company in writing for further considerations.
Buzzazz Regulatory Department
Written Communication – With an overall goal to help our clients expand their business, it is imperative that we communicate and coordinate at optimum levels.
Of course, we love speaking directly with our clients which is why our preferred method of doing business is face-to-face. We have created our business model to support this point of view and normally will be able to make one of our Sales Agents available to visit you at your place of business, if so desired.
With that in mind and to also ensure we duplicate what is ordered it will be necessary to receive orders and changes in writing. There are online forms within this corporate site that allow clients to submit their written requests directly online. We can also receive them via fax or snail mail, your choice. With the modern conveniences of telephones, smart phones, tablets, laptops, etc. we also know that it can be more convenient for clients to place orders directly over the phone. These are acceptable too as long as we have pertinent data and electronic signatures that can be verified.
When there are delays with projects we normally discover there is some basic confusion with order specifics, indecision, inadequate content, payment challenges or simple non duplication between client, Account Managers and our delivery staff. Clients are encouraged to contact their Account Managers and the company as often as possible to ensure their project is moving along smoothly.
Orders, Change Orders and Service Requests must all be in written format, thank you for your cooperation as this allows us to better track situations and keep our costs of doing business lower than normal, which eventually translates into solid savings for our clients.
Clients in good standing can elect to correspond with our company via telephone, mail, online ticket systems, online chat services, email, etc. This is reserved for clients that are in exchange and in communication and paying fair value for services.
It’s understood and agreed that Buzzazz retains the exclusive right to decide which forms of communication will be allowed to and from Buzzazz on a client-by-client basis. If for an example, a client chooses to terminate services in an antagonistic manner, Buzzazz may choose to only accept communications through written mail sent via normal post.
Online Customer Support – For active clients, we maintain an online help desk customer support ticket system. If so inclined, a client can simply go to our main site and to the customer support page and complete a ticket. This can be accessed normally 24 hours per day. We do our best to respond in an expeditious manner but reserve the right to other time frames as needed and to move tickets out of the system that do not belong.
The system is setup for technical support, billing or change order issues. All other concerns should be addressed with either a phone call or written email to email@example.com.
Price Fees – Clients understand and agree that Buzzazz reserves the right to increase or decrease price structures for services on an “as needed” basis to maintain viability & profitability so the company can continue to provide high quality services for future clients. Any price increases needing to be made will be done directly with a client as needed or as a general announcement within our web presence if something such as a cost of inflation monthly service increase.
All Projects – Client satisfaction is our #1 goal. To accomplish this goal, the client, affiliated Agents and company staff will coordinate & communicate to duplicate what is needed by the client at the time the order is made.
It goes without saying that each client will want to receive the best services for the lowest costs possible and that the company will do its best to provide what is needed and ordered by the client within the payment arrangements made to ensure a fair company profitability.
The company and client must formalize a project agreement with a printed, faxed, emailed, scanned or online order contract that outlines the products and services ordered as well as the costs and payment terms. No matter how contracted, paying clients always agree to the full scope of Buzzazz terms of agreement and service specifications as outlined within the Buzzazz corporate site.
Verbal agreements are not valid. We delineate projects based upon complexity and have two major groups – basic and advanced – please review the differences below.
Mediation – All clients understand and agree that any and all project disagreements (outside collection activities by Buzzazz) unsolvable through basic communication with our company and related to projects will be settled by an independent third party mediation company located in Pinellas County Florida selected by Buzzazz and agreed upon by the client. Clients hire us to produce marketing and advertising works that can be vulnerable and subject to attack from both good or bad intention driven third parties with various degrees of professional business acumen. This would include but not be limited to a client being “dissatisfied” with the work or results provided, a client wanting to cancel prematurely, a client wanting assets prior to contract fulfillment, etc. A professional mediator must be hired and paid for by the initiator of the dispute in order to quickly, efficiently and cost effectively sort out any unsolved disagreements. It is agreed that mediation must occur prior to any initiated lawsuits.
Service Category Hourly Rates – Since 1999, we have been serving our valued clients. We have found that to best serve our clients in an expeditious manner over the long term we must minimally maintain a fair exchange rate for our time.
Our price points are established in a manner that ensures we will remain viable to accomplish this objective. We do everything possible to deliver what is needed at the most affordable price points within the industry while simultaneously ensuring our company continues to grow.
From Introductory to Advanced Services we strive to deliver services within hourly rates from fifty to two hundred fifty (or more) per hour depending upon the level of services required for the entire – or portion of a specific – project.
Each client agrees to these rates which are flexible and assigned by Buzzazz Management based upon sliding scales for the type of services or caliber of staff required for work on an ordered project. Buzzazz will include total company invested hours with appropriate rate categories into each project and as an aggregate to ensure clients and Buzzazz both receive a fair exchange.
It is further agreed that any disputes over hours or rates or services that require time investment by Buzzazz staff will be mediated based upon the sliding scales represented here as the fair market value for the time Buzzazz invests into any service.
Similar structures for pay for service can be found throughout the professional world such as accounting, consulting, automotive, banking, medical, legal, etc.
Buzzazz maintains three different rate categories for services:
Basic | $50 – $150 per hour
Intermediate | $150 – $250 per hour
Advanced | $250 per hour and above
Buzzazz services are assigned to three different staff rate categories:
Basic – Average skill set or education or experience required for the work, introductory, simple, repetitive, etc. – Entry Level
Intermediate – Intermediate unique skill set or education or experience required for the work, project management, consulting, training, basic computer programming, etc. – Mid Level
Advanced – Advanced skill set or education or experience required for the work, senior executive consultations or training, custom computer programming, artisan creative talent, etc. – Senior Level
We will do our best to adjudicate time usage within these three categories to ensure clients receive what was ordered.
Services – Buzzazz has evolved well beyond being an Advertising & Marketing Agency and now offers numerous cutting edge Business Solutions and technologies and expertise to provide high quality services to those that qualify and are able to budget as needed to afford these services.
Introductory Services – Introductory Services such as consulting, standard options, basic recruitment, simple training, basic courses, elementary workshops, logos, print design, entrance level radio or TV commercials, brochure style websites, training, entry level shopping carts, marketing reports, video edits, change orders, etc. can be delivered very expeditiously. We attempt and do our best to complete basic project orders within 30 days or less from the date of final payment. For extenuating circumstances, workloads or project nuances, it may take longer to deliver what was ordered. These types of orders will normally be delivered with the information submitted at the time of order or anything received prior to project launch. Change requests to orders from clients received after delivery can be accomplished for our normal per hour “Change Order” Fees.
To avoid backlogs, we require all necessary client input of content such as logos, specifications, instructions, documents, text, pictures, etc. in a deliverable format for basic projects within 5 business days of when the order is placed. Regular per hour or fixed cost Change Order fees will be required if client content and information is received after project has been launched. If a client is unsatisfied with what was produced -we are more than happy to keep working on their project in exchange for Change Order fees.
Advanced Services – are projects costing over two thousand dollars such as custom computer programming, smart device APP’s, high volume recruitment projects, consulting, seminars, workshops, long hour courses, large budget TV and radio, billboard campaigns, direct mail, premier websites, e-commerce, articles, copywriting, branding, surveys, etc. We do our best to complete advanced project orders within 60 days from the date of final payment. For extenuating circumstances, workloads or project nuances, it may take longer to deliver what was ordered. Any change requests to these orders from the clients can be accomplished for our normal Change Order fees.
To avoid backlogs, we require all necessary client input such as logos, documents, instructions, text, pictures, etc. in a deliverable format within 10 business days of the order. After 10 business days, our delivery staff will complete the project when ready utilizing stock photography, text, flash, etc. as needed. Per hour Change Order fees will be required if client content and additional information is received after 10 business days.
Discovery Fees – When a Client is not able to provide a detailed written scope of work for customized computer programming solutions, a Discovery Fee will be required. Normally, it will be a block of hours requested to cover the research, story boarding, planning, flow charts, etc. needed to obtain a more accurate bid quote.
Custom Computer Programming – Custom computer programming and APP development is extremely speculative in nature. Therefore, each order of this nature will require first a “Discovery Fee” to obtain the detailed information required to put together a more accurate quote.
Custom programming and development of this nature, is ALWAYS charged at intermediate or advanced hourly rates. If exacting quotes are required, the Client must produce a written schematic of all the specifics needed and wanted so that Buzzazz can the provide appropriate bids.
Once the work is completed, Clients will have 3 to 10 business days to review the work and present Buzzazz with one complete list of revisions. There is only 1 (one) round of revisions. Revisions are not change orders, and normally take less than one hour of work.
After the one round of revisions is completed, any other revisions, bugs, or changes requested by Client will be billed at the Company’s hourly rate or per project bases. Clients are responsible for identifying any bugs and putting those on the 1 (one) round of revisions list.
If something “Breaks” within the code created by Buzzazz, when implementing the requested round of revisions, Company will spend the time needed to fix those breaks at no further expense. If something “Breaks” on the Clients side of the equation, Buzzazz will coordinate with other vendors to fix those issues on that side of the code for normal change order fees. The Company is not responsible for any bugs arise after the 1 (one) round of revisions.
Should a Client fail to pay or do a charge back, Buzzazz will regain the full ownership and rights to all of the custom computer programming (in part and whole). At which time, Buzzazz may do anything they wish with the code in part or whole.
Buzzazz agrees to work with Client and Client’s other developers as Client best determines for the overall scope of a project, as long as Client continues to pay normal hourly rates. To maintain the integrity of the various code writing by Buzzazz or other developers within a project, the programming code being developed by Buzzazz will be stored in a secured location and uploaded to the Microsoft Team file sharing as needed. This code of course is owned by the client, just maintained in a secured separate environment, by Buzzazz, in case needed in the future. Once a project is completed, Buzzazz agrees to clean all records from its servers.
Buzzazz will potentially provide a Client with numerous customized software code features. Buzzazz might also provide additional customized code programming to tailor a project to Client’s particular needs. It is understood due to security and software license, copyright and trademark agreements, unless another agreement is made, all software code modifications and upgrades created by Buzzazz, will be done within the Buzzazz current procedural parameters.
The Design / Layout / Navigation / Basic Functionality of the project will be customized to the Client’s needs and wants. The design will be a customized look and feel created to match any of the Client’s current branding as so desired. Main programming languages utilized may consist of computer languages needed at the sole discretion of Buzzazz.
Computer programming will be created so that future upgrades can be easily made by Buzzazz or other vendors, as Buzzazz programmers will maintain up to date notes and comments associated with the code as they go. Various project management meetings are vital. Buzzazz and Client agree to set up appointments on a regular basis as needed to ensure all questions, concerns, production and exchange are in alignment. Client has final decision approval on all aspects of this project. Please keep in mind, Buzzazz will continue to work on any project for as long as required by the Client as long as appropriate hourly fees are being paid.
If the Client requests work that is above and beyond the scope of the details of a project they can be met with a separate proposal/contract.
Client will retain all rights of ownership to all items contained within a project. This will include but not be limited to any customized and created code, script and software which will be owned by the Client. Any items needed for integration into a platform such as pre-written code, script, software, graphics, etc and any improvements to those items are owned by the Provider. Any potential code, scripts, software, and graphics owned by a third party will retain their ownership. Ownership means that party has exclusive rights and license to that item allowing them to do with it as they see fit. It is understood and agreed that Client will have complete rights to utilize a platform as Client best sees fit.
Any 3rd party modules required for this project, will be purchased under Client’s name for licensing and usage purposes. Excepting that the 3rd party provider has the right to use any code, script, graphics or software created if he makes improvements to it. Any code or other technologies created by Buzzazz for a Clients project can further be utilized on additional “non competing” Company projects, with written prior approval from Client, without the requirement of licensing fees. Additionally Buzzazz is allowed to use any created code, scripts, graphics and software results in a portfolio or other showcasing to provide non competing prospective clients and agencies examples of their work.
Design – Design falls within the realm of Art and is highly susceptible to criticism as arbitrary and random viewpoints. We understand this so if an owner or decision maker is not satisfied with our initial work (as a professional marketing firm) based upon content and instructs provided within timeframes mentioned above, we will happily continue to work on or modify the work done on the project in exchange for our normal Change Order fees.
Project Coordination – The owner or decision maker at our clients point of business must maintain a direct line of communication and coordination with Buzzazz. We can also coordinate directly with 3rd parties (vendors, staff, spouses, family, friends, etc.) as needed, but only receive major instructions, orders and decisions from our clients, not 3rd parties. All 3rd parties providing additional ideas, viewpoints, changes, etc. must get written approval from our client prior to us integrating them into the project.
Payment Options – Full payment for services is expected and required at the time of order. Before an order is processed in the Delivery Division, copies of the order and signed contract must be received with valid payment. Currently, we accept wires, checks, VISA, Mastercard, Discover, Bank Debit Cards and automatic bank drafts (ACH). We do NOT accept American Express or cash.
Buzzazz will strive to deliver services within 30 days of final payment. Once agreements are signed, we start the delivery process so non payment will disrupt the process, halt a project, create a breach of contract situation, etc. – bottom line it slows or stops the entire flow.
RUSH Turnaround Fees – If you are in a hurry you can go the front of the line. We normally complete client projects on a first come first serve basis separated by the above payment options but do offer RUSH fee payment as an alternative for those clients really in a hurry to get their project done.
Of course, those clients that pay in full at the time of order will receive priority treatment and if a client is in a RUSH they can move to the front of the project board line (with a guaranteed date of delivery – not counting change orders) by simply paying a RUSH fee. The Rush fee is an additional premium on the order and it must be based upon an order that is paid in full and at published price points. Rush Premium is an additional 50% of service cost.
Payments For Monthly Delivered Services – Buzzazz offers some services – such as but not limited to tech support, hosting, advertising, recruitment, emailing, training, management, consulting, PPC, SEO, mailings, printing, multimedia ads, reports, etc. – that are delivered on a month-by-month basis. These services must be paid with monthly automatic debits and normally delivered within 30 days of payment. These monthly service contracts are 12 or 36 months in length and automatically renew unless a client provides 30 days advance written notification to cancel. Adequate ACH bank or credit card information is required so that agreed upon payments can be automatically debited on an agreed upon date each and every month for the entirety of the agreement. Clients can opt out of the contracts early by paying the balance in full.
Monthly Fees – There are a variety of administrative and delivery costs associated with the daily, monthly and yearly upkeep, tech support, maintenance, and monitoring of client domain names, web sites, blogs, e-commerce engines, programs, live U.S. customer service, server security / speed / storage allocation, email accounts, updates, changes, marketing, renewals, security, storage, virus & spam protection, backups, etc.
To ensure we can continue to provide excellent service, we charge monthly service fees (MSF’s) and annual registration fees (ARF’s). The basic MSF/ARF fees start at fifty to seventy five and can expand by twenty five or fifty or one hundred dollar increments as needed to offset the client’s usage, time for services, etc.
From time-to-time Buzzazz reserves the right to increase service fees as needed to ensure basic service and update costs, inflation, time, etc. are being covered. Notification of any service fee price changes will be forwarded to all clients via email. Clients may contact Buzzazz for current price structures, these fees are automatically billed to the client’s account on or near the order date and are not refundable.
Other Parties & Project Management – Each client understands and agrees to keep a direct line from the owner or main decision maker with our operations and account management. Buzzazz is a well healed firm and since 1999, we have evolved a highly specialized proprietary technology that helps those business owners that truly understand they “can’t do it all” and have hired us to help with some portion of their business development. Like someone wanting to paint a masterpiece unable to paint, we are not in business to be the “arms and hands” for another looking over our shoulder who is unable to paint…
That said, we will perform “over the shoulder” type work, beyond the original order, for as long as a client wants to pay our normal Change Order fees.
Over the years we have also come to understand that most of our disagreements, upsets, etc. with client relations stem directly from a third party being involved at some level feeding our clients with upsetting information or arbitrary viewpoints. We are a very creative firm and do not tolerate random criticism from untalented “expert” critics that do not understand marketing basics and therefore are not operating with the best interests of our clients in mind.
We hire and maintain a specialized crew of highly intelligent and productive people specializing in design, copy writing, programming, marketing, training, advertising, technical support, videography, etc. and we create unique and customized web presence assistance for our clients on a one-on-one basis tailor made for each and every client depending upon their particular circumstances. This said, Buzzazz retains full control of all projects.
Third party vendors, staff members, assistants, spouses, family members, friends, etc. can most certainly be consulted by the owners or decision makers coordinating with Buzzazz but Buzzazz will only deal directly with the owner or decision maker during the time we work on projects. In this manner we are able to minimize the negative effects of having 3rd parties on our lines.
Third Party Vendor Solutions – Our normal service terms of agreement apply as applicable. From time-to-time, 3rd party vendor software, hardware or other services might be needed to fully deliver what is ordered. The client will be fully responsible to cover all financial obligations – plus Company costs for installation and management – for any needed third party solutions.
For example, we might resell software or hardware solutions to help a business monitor the following items such as but not limited to: various analytics, visitor traffic, vehicle fuel consumption, POS, lead generation, security systems, personnel recruitment, background checks, credit scoring, website user behavior tracking, financial management, online training progress, social media, reputation management, online reviews, energy consumption, lighting efficiencies, inventory management, accounting, taxation, quality control, shipping, prospects and sales, contact resource management, etc.
Another example, the initial stages of managing a paid advertisement campaign (including but not limited to PPC, Billboards, TV, Radio, Print, etc.) can be inordinately time consuming beyond the extensive time needed to manage the daily, weekly or monthly adjustments, monitoring and reporting work of a campaign. A minimum of 30 days is required to completely set up, upgrade or establish a paid advertisement campaign and may be longer dependent upon the scope of work. Buzzazz retains sole rights as to determination of how long might be necessary to establish a campaign.
Third party advertising campaign management may consist of but not be limited to the establishment and management of campaigns for TV, radio, print, direct mail, billboards, search engines (Google, Yahoo, Bing, etc.), social media (Facebook, Twitter, Youtube, LinkedIn, etc.), chambers of commerce, trade shows, internet banner ads, etc.
Third party advertising campaign management agreements are for a 36 month commitment, because ad campaigns are associated with third party contracts, ad campaigns require a minimum of 90 days notice for service termination and can require further advance notice dependent upon whatever agreement is made with the third party vendor. Services are only transferable once payment obligations for the full 36 month terms of agreement have been made.
When multiple development teams are required for advanced projects, the client will be responsible for all coordination of project management, communication and integration. Buzzazz will be solely responsible for it’s contracted work, not the work of other development teams.
Client billing and contact information will be utilized separately to cover any agreed upon fees and specific ad campaign flows. Third party ad campaigns are distinctly separate from other Buzzazz services, to avoid potential confusion or service delays, clients wishing to terminate an ad campaign (set up or managed by Buzzazz) with a third party vendor and who have also ordered other Buzzazz services, must send a separate and distinct letter of termination to Buzzazz.
Funding for the ad campaigns goes directly to the third party vendor, all financial obligations for ad campaigns are the sole responsibility of the client – Buzzazz does not offer refunds for client ad campaigns.
Rights of Refusal – Buzzazz reserves the right at its sole discretion to refuse or discontinue any or all services to potential or current clients that market illegal, borderline illegal or other morally questionable/unacceptable products or services. Further, we reserve the right to determine at our discretion if a product or service is one that may or may not be truly helpful to the social welfare and greater good of our society, and refuse acceptance of those that do not qualify.
Such products and services would include but are not limited to narcotics, drug paraphernalia, non hunting weaponry, pornography, psychotropic medications, psychiatry, parasitic lawyers, gambling, psychics, strip clubs, voodoo medicine, etc. If an order somehow or other slips through our sales department and is so determined to not be a qualified order for our company the client will be fully refunded ASAP with a brief explanation as to the unacceptability to our terms.
Security – Buzzazz provides clients with technical expertise accompanied with some proprietary technologies. The world is now filled with cyber terrorism which makes anyone in the modern world vulnerable. To minimize the risks in this arena for our clients, we provide extra security programming for all of our internet services and computer server hosting. Since some of the computer file structure is shared, to minimize risk, we provide very limited access to our clients or their other vendors. This is normally sufficient for basic content management and updates. For those seeking full access such as that requiring FTP, CPANEL, WP ADMIN, etc. this can be accomplished with an upgraded and unique and separate and a bit more costly VPS/IP account. To accomplish this, a client will need to submit an upgraded written service agreement with and approved by our Regulatory Department that the access will not be utilized in a manner that would break laws or violate other Buzzazz terms or contractual obligations.
Delivery Schedules – We do our best to satisfactorily complete all client projects within 30 to 60 days from the date we receive the client’s content. Each client is responsible to provide us with all necessary information and content to help complete the project on time. Customers who have been unable to deliver the proper content and material to complete the site should expect appropriately delayed delivery times. Most projects are delivered on a first come first serve basis. Clients that pay in full or pay RUSH fees will receive preferential delivery schedules.
Delivery Delays – It is understood that a lot of variables can exist within the scope of work for any customized (not off the shelf) project. Buzzazz will always strive to deliver the service within the target dates, but also reserves the rights to go beyond target dates for any reasonable situation that might arise. That would include economy, acts of God, poor communication with client, 3rd party vendor delays, internal human error and any other items that might arise within reason. This is particularly true with custom programming as the nature of that industry is that “it takes what it takes” to write the code needed for the requested service. Time prediction is virtually impossible until the proverbial light at the end of the tunnel has been reached.
QC Reviews – Each order will be reviewed by our Quality Control (QC) Division to ensure we deliver what was promised and paid for. If a client is unhappy with a delivered product or service QC will review the order, content submitted and what was produced and make an evaluation. If needed the project will either be routed back to delivery for further work or to an account manager to request appropriate Change Order fees.
Refunds & Contract Modifications – We do not offer refunds. We do not accept “deposits” for projects… much of what we do with business solutions, recruiting, training, consulting, marketing and advertising involves intricate design, concepts and other art forms, it is also an arbitrarily valued commodity in which there can be an unlimited number of “viewpoints”. Clients pay for us to provide quality and professional work at fair rates of exchange within a reasonable period of time.
From time-to-time clients change their minds midstream a project or have personal tastes that cannot be satiated. We do our best within the scope of the project to satisfy each and every client, however this is not always possible. In lieu of refunds, for clients who have changed their mind on the project or are not satisfied with the results, we may apply a credit to their account that can be redeemable for future, additional or upgraded services at any point in time. This would only be done with written Executive Council approval.
We understand that from time-to-time clients may have cash flow challenges, change their mind, have a 3rd party situation or upsets about what has been delivered. We strive to duplicate what the client wants and needs, unfortunately there are many potential arbitrary viewpoints that can crop up when dealing within such an artistic medium.
Also, we do NOT offer contract cancellations. Normally these types of requests occur on orders that have been financed, under financed, client lack of capital, etc. Instead a written request can be submitted to Executive Council to offer potential service credits for those situations that warrant attention. ALL contract modifications MUST have Executive Council written approval too.
Staff, IMC’s & Sales Management do NOT have authority to authorize client refunds, credits or contract modifications. Anything of this nature requested by a client MUST have prior approval from Executive Council.
Client Charge Backs – Clients agree within each and every project to not initiate any non Buzzazz authorized credit card or ACH charge backs. The reason is simple, enough communication or mediation (already agreed upon) will 99% of the time resolve any disputes. When a service has been provided to a client and a charge back is initiated, it is considered a criminal act and theft and will be treated accordingly.
Buzzazz Service Awards – We offer a very unique incentive program to our valued clients for providing us with new client referrals.
Clients in good standing can offer Buzzazz Service Awards to their business friends and contacts which are directly exchangeable for Buzzazz services. When a new customer is acquired from a Buzzazz Advertising Award, the client providing the referral may receive a 10% service credit to their own account for each newly referred client purchase. I.E. client “A” refers us new client “B” who purchases a five thousand dollar service. Client “A” would receive a 10% or five hundred dollar service credit for other services.
Client Responsibility – Once we know the basics of a client’s business and what they like, we can build most anything with basic stock content elements, unfortunately this rarely leaves a client happy. Clients have a very large portion of responsibility to ensure their respective project is delivered on time, and it mainly involves them providing needed feedback, communication and content. It is the client’s full responsibility to provide all necessary content at the time of order.
Our price structure is established to provide very reasonable price points for those clients able to provide proper, timely and complete project content and yet provide alternative price solutions for those who are unable to produce proper, timely and complete content for their project.
When the client is unable to provide content and yet is not satisfied with the basic stock content build done by the company, then the client is responsible to pay regular Change Order fees as required to complete the project.
Change Order Fees – From time-to-time people change their minds, forget to send in specifics or content or have new ideas related to a project which could be but also not limited to color specifications, logos, content, instructions, etc. along the way. Our goal is to ensure client satisfaction, it is never too late to modify an order – of course, all “Change Orders” will require additional payments and can be either an hourly or fixed cost Change Order per item fee.
A relevant analogy would be someone ordering a “blue suit” from a tailor. The tailor may charge a few hundred dollars for the suit. They get the info from the client, make the suit, tailor it to their physical dimensions, etc. Afterwards, the client decides they would rather have a red suit, wider lapels, longer sleeves, pant cuffs, etc.… Not a problem but the tailor will need further monetary exchange for the time needed to make the change orders.
This is particularly relevant to detailed services such as advanced website design, custom computer programming, APP development, etc.
App Republishing – Most updates and changes within an app has no additional cost and can be preformed in our normal 2 business day time frame. However, there are specific items that if need to be changed will require us to republish the app to Android & Apple market places and have it approved and live for people to download and use the latest version. Android is free and iOS cost $25.
Changes that Require a Republish to Android & iOS are below:
App Information: App Name, App Icon Name, App Keywords, App Category, App Description, What’s New in This Version, Support URL, Marketing URL, Audio Background Play option, App Rating
App Icon: The icon that appears in the App Store and the icon that appears on the device screen once installed require republishing to change. These are built into the app file that we send to Apple, and for that reason, can’t be altered without building and uploading an entirely new version.
Screenshots: Apple doesn’t allow you to alter screenshots once an app is live. Like the app name, keywords, etc., the screenshot field in iTunes Connect becomes un-editable as soon as the app is released.
Splash Loading Screen: Like the app icon, the splash loading screens are built into the app file, thus require a new app version to change.
Revisions – A revision is a small change (or cause to change) in character or composition, typically in a comparatively small but significant way to work already done. A revision can also be considered an upgrade, and take no more than 1 hour to complete. A revision is not an additional item, feature, function, etc. not previously agreed upon. A few examples would be: graphic re-editing, additional postal route for direct mail, adding secondary merchant (paypal) to e-commerce store, inserting an additional field in a form or database, including extra keywords in a pay per click campaign, modify user time out, website security improvements, etc.
Data Processing Fees – Clients unable to electronically send digitally formatted text copy can purchase data processing and or proofreading on an hourly basis. Simply fax, hand write or mail us text and we will do the work for a standard per hour data processing fee. To avoid these fees, simply send us all pertinent content in an electronic format that does not require us to re-type or reformat your content.
Media Editing Fees – Per hour Media Editing Fees will be assessed for the editing of photographs, sound files and video files sent to us not already formatted.
Old Photographs – Do you have old pictures that are not in perfect order? Our designers can normally work some photo magic and reshape, reformat, crop or generally clean up low grade pictures. This is done for a per hour picture fee. To avoid these extra fees, simply send us your pictures in good condition with resolutions of 72 dpi and not larger than 4 X 6 inches or 50k in size. If image files are combined and zipped, the compressed file should not be larger than 1MB. If sent on a disk; .eps, .tif, .jpg, or .gif formats are acceptable and the resolution should be 300 dpi.
Copyrights – We are hired by clients to expand their current web presence. Potential image, video, content, etc. copyright debates can come into play from time-to-time as the web is filled with a variety of available content that is not properly copyright earmarked. It has always been our intention to be in alignment with the laws of the land and protect individuals copyrights to the best of our abilities.
It is the clients responsibility to ensure they are compliant with copyright legislation and the best way for this to occur is for our clients to provide us with properly licensed photos, artwork, videos, written content, etc. that they have personally created or purchased. Since we operate on deadlines and with the purpose of quick delivery, if a client is not able to do so within the time frames to deliver a project (normally 10 biz days) then we will obtain or create content for them as needed.
Over the years we have produced millions of copyrighted words of our own and purchased large volumes of licensed photos and videos from content providers. To the best of our ability and knowledge we only utilize properly licensed photographs. Since there are also millions of “free use” content items floating around the universe without watermarks or other identifiable copyright identifications content evolution is not difficult.
That said, it is possible with the numerous pages we create yearly that a human error inadvertently arises in which something not properly licensed might be provided to us with incorrect information and utilized accidentally in a project without any intent to harm. With web server management, we believe our organization falls under the protective umbrella of an Online Service Provider and is protected in these rare accidental human error occasions from limited liability. Our studies and understanding of the extremely complex and ever changing copyright law existing throughout the world is that final responsibility falls with the business itself, not the marketing firm.
To reiterate – each client must understand they are ultimately responsible for any copyright violations that occur with their web presence so it’s best to follow our recommendations above.
Whenever an inadvertent or accidental human error with no intent to harm does occur, we take corrective actions as quickly as possible to rectify the error.
It should also be noted that content created by Buzzazz remains protected under copyright laws as the property of Buzzazz until such time that full length of a contract has been reached. For example, most of our contracts are for a minimum of three years. If a client decides to cancel service, the content created by our company may or may not be forwarded as part of the cancellation – this is left to the sole discretion of Buzzazz to decide whether it will be provided for free, not provided or provided for a fair exchange to end the contractual obligations.
E-Commerce Solutions – We have several options for online merchandising available to our clients – everything from basic PayPal button insertions to robust shopping cart “Online Store” solutions. After initial development costs, standard site/cart platform management fees starting at $75 per month.
A tremendous variety of E-Commerce Solutions are available. Due to the amount of specialized programming that normally is required for an E-Commerce Solution, a minimum hourly rate for development of between seventy five and one hundred and fifty dollars per hour applies – depending upon the service ordered. E-Commerce price points are based upon a thirty six month term of monthly service fee commitment. Clients that cancel service or request to migrate to another service provider may do so only after any balances owed are paid in full which would include but not be limited to any unpaid remaining monthly service fees for the thirty six month commitment. Standard hourly rates will be required for any needed assistance with site or cart migration.
PayPal accounts are established by the client and product code sent to us for insertion into the clients site. As an additional paid service we can coordinate and create the account and product codes.
Buzzazz shopping carts are turnkey leased solutions – clients own the database information, but not the source files and are responsible for any costs associated with cart set up, modification and site integration. Clients are responsible to manage their cart, load inventory, edit inventory, establish and finance their own merchant banking and gateway arrangements which might include but not be limited to account relationships with PayPal, Auth.net, Visa, MasterCard, Discover, etc. as needed. Clients are responsible for all fees, contracts and other related issues with these type of payment related accounts.
Buzzazz is not responsible for sales, refunds or other issues related to the online store, normal design change fees apply and E-Commerce sites are subject to additional sliding scale service fees dependent upon resources utilized in the managing of the site.
Our price points include a couple hours of E-Commerce basic training. We can assist with inventory loading and store management for extra per hour fees. The client is also responsible to ensure Buzzazz receives the proper online account / product computer code for each item, account, gateway, etc. as applicable so Buzzazz can load into the E-commerce solution as needed. Again, we can provide assistance for normal hourly rates, if needed.
Occasionally we run into a scenario in which a client wants specific changes or functionality with their online stores, this can be accomplished for our normal hourly advanced programming integration rates. Also, clients sometimes have large amounts of inventory or inventory categories with pictures, specifications, codes, etc. in random database files or from RSS feeds from suppliers which are not automatically compatible with our carts and so they need to be customized and modified and manipulated with advanced programming in order to be a workable solution, these issues are above and beyond our normal price points and require advanced programming integration fees.
Non Payment Issues – We understand clients may modify their banking information or have occasional financial issues. It is the customers responsibility to keep their financial administration in order and to notify Buzzazz whenever they have a new method of payment for their services, whether it be a change of credit card or bank account or simply a new expiration date. We reserve the right to immediately suspend client service when payments are invalid or not collectible for any reason whatsoever.
In addition to the service suspension, to offset the fees charged to us by our merchant account and banks, an automatically assessed $25 per NSF fee will be charged to a clients account. Once owed moneys are made good, service will be reinstated immediately.
Clients having financial difficulties are encouraged to contact the company in writing with recommended payment solutions to avoid service interruption, these solutions may or may not be approved by the company, they are adjudicated on an individual basis.
Early Termination Fee – Even though a client can opt out of an agreement after one year, our price structures are based upon client’s agreement to have Buzzazz manage their project, site, service, etc. for a minimum of 36 months. We hope to continue servicing accounts much longer than that so unless otherwise specified in writing, death or a business closure, newly accepted client projects are accepted contingent on this basis.
Clients that terminate service agreements prior to 36 months will be required to fulfill their balance due on the 36 months of service fees. Site files, content and domain access are transferable to those clients that have fulfilled their 36 month minimum agreements.
Buzzazz maintains full copyright and licensing authority on all content and other parts of a project created for a client by buzzazz until the full term of a contract has been fulfilled. At that time – upon receipt of a clients written request, all pertinent project information will be forwarded directly to the client (not a 3rd party vendor) within 30 days from receipt date of notification and or contract fulfillment, whichever is latter.
Technical Estimates – Our quoted estimates are normally very accurate. If for some reason, our Delivery team is not able to satisfy all of your specific desires outlined in your initial order within the technical estimate provided, you will be responsible for paying a per hour or fixed cost fee for items that are determined to be over and beyond “reasonable” service.
30 Day Service Termination & Licensing – After initial contract timelines have been fulfilled we require a minimum of 30 day written notification of termination. We understand that from time-to-time someone goes out of business or has a variety of other reasons that they no longer wish to pay for services. We will immediately initiate terminations upon written notification from the client and the client will be automatically billed and responsible to pay one further month of service fees and complete our service dissolution agreement.
Clients that have completed their service agreement term may receive copies of the work upon written request, this would not include proprietary information or source code files.
Clients that terminate service agreements prematurely do not have the rights to any of the work procured or provided by Buzzazz. This would extend to any and all purchased or created domain names, SSL’s, photographs, content, marketing, code, design, optimization, etc. as part of the project. Clients that do not fulfill their contractual obligations lose all licensing rights to any content created by Buzzazz. This can be avoided by clients paying the full balance of contracts.
Disclaimer – Except as expressly stated in a written agreement between a client and Buzzazz, all content, services, products and software provided on this web site are provided “As Is” without warranty of any kind, either express or implied. Buzzazz and its suppliers and licensors disclaim all warranties, express or implied including, without limitation, those of merchantability, fitness for a particular purpose and non infringement.
Buzzazz does not warrant that the site, its content, or the products and services it offers on the site meet your requirements. Subject to the terms of any agreement between you and Buzzazz, its suppliers and licensors shall not be liable for any direct, indirect, special consequential, incidental, or punitive damages, even if Buzzazz, its suppliers or licensors have been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Client Recourse – Clients feeling that we have not provided proper exchange can request and pay for a mediation directly with the company management or with an agreed upon third party mediation company within Pinellas Florida.
Company Recourse – Buzzazz reserves the rights to pursue clients to the fullest extent of the law that arbitrarily and without consent break their contractual obligations, initiate charge backs, do not pay for work provided, become antagonistic, fail to communicate, spread libel and or slander about work provided or about the company or its staff, etc.
NDA’s (Non Disclosure Agreements) – NDA’s can be signed by authorized Buzzazz staff when presented by prospective Clients. The prospective client requesting the signature of the NDA understands and agrees that it is the basic intent to not forward any pertinent information that could damage or create loss to their business in any manner, shape or form. NDA’s are valid as long as all Client obligations are being met. To avoid potential future liability, Buzzazz only agrees to honor NDA’s for 12 months, not in perpetuity. And if and when a Client does not fulfill its financial obligations or initiates any type of charge back or legal matter with Buzzazz, any NDA is immediately deemed to be null and void.
Email & Email Accounts – Client service fees cover basic numbers of email account setup and maintenance along with normal day-to-day email business activity. For security purposes bulk email promotional activities are forbidden on Buzzazz server accounts.
For normal hourly rates Buzzazz can assist a clients IT Department or Vendor to coordinate any local cloud based or on site mail server set ups as needed. Mail server establishment is not a service we offer directly but is something we can assist with if needed and it relates to basic email account modification on our servers as long as we receive payment for our tech support hours and written instructions from the clients IT Department or Vendor.
It is understood that this any work provided is simply to assist the IT Department or Vendor and zero liability for work will be incurred by Buzzazz as the responsibility lies completely on the client and their IT Department or Vendor to make things run in smooth fashion.
Clients in good standing can elect to correspond with our company via telephone, mail, online ticket systems, online chat services, email, etc. Most of these mediums are meant for clients that are in exchange and in communication and paying fair value for services.
It’s understood and agreed that Buzzazz retains the exclusive right to decide which forms of communication will be allowed to and from Buzzazz on a client-by-client basis. If for an example, a client chooses to terminate services in an antagonistic manner, Buzzazz may choose to only accept communications through written mail sent via normal post.
FTP Access & Dedicated Servers– From time-to-time clients wish to have remote FTP access to the actual site files within the Buzzazz client server. For security reasons, as our servers are dedicated yet shared with other Buzzazz clients, we do not provide FTP access. For those insistent upon having FTP access, we do offer a dedicated or virtual private server option with appropriate monthly service fees.
Transfers Away – From time-to-time and for a variety of reasons, a client may decide to move their marketing assets to another service provider. Upon written request, we will provide the necessary information to a client’s next service provider once the service agreement is fulfilled.
If a client wishes to transfer service before an agreement ends, and they wish to receive all of the work created by Buzzazz including Buzzazz Technologies, they must simply pay the service fee balance of what is still owed to complete a 12 or 36 year commitment as outlined above in the Early Termination Fees clause.
Client Service Migrations – If a Client decides to use a different vendor other than Buzzazz for services already provided by Buzzazz and requests Buzzazz to “forward” all assets, this can be agreed upon when finances are in order, for basic hourly tech support fees. The reason this is a paid service is that Client migrations and support can be quite time consuming and need to be paid for. It would be similar to going to a restaurant, ordering a dinner and then requesting the dinner to be sent over to another restaurant to be consumed. Of course it could be done, but someone would need to pay for the Uber fees…
Transfer To Buzzazz – It is the responsibility of the client to provide full access to any account information needed for Buzzazz to be able to complete a project.
If the client wishes for Buzzazz to take control of and manage client assets the client must coordinate the unlocking and receipt of appropriate authorization codes to allow the transfer. If this cannot be coordinated, Buzzazz reserves the right to acquire or create new assets in order for the project to be completed.
Indemnity – All clients agree to defend, indemnify, and hold harmless Buzzazz, employees, attorneys, and agents (“Indemnities”) against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that the Indemnities may incur in connection with your use of this site or any hyper linked web site or resulting from content supplied by client.