Terms of Service
Effective as of January 1, 2011
1. Your Acceptance
By using and visiting our website (including all content available through Bombora Local’s website) you (the client or authorized representative) agree to be bound by both of the terms of service and the privacy policy which is available here on the Bombora Local website. If you do not agree with these terms then please leave the Bombora Local website and do not use any information provided on its pages. By accepting this terms of service electronically or by e-sign, ordering services via phone, online order form or by using Bombora Local’s service, including but not limited to making payment, providing project preferences, submission of content to Bombora Local’s design or customer service departments, submission of content and preferences to Bombora Local’s online marketing or customer service departments, you the customer agree to be bound by following terms of service as well as Bombora Local’s privacy policy which is available here (privacy policy) or by visiting www.bomboralocal.com/privacy-policy. The client also agrees that the customer’s electronic acceptance of these terms and services shall have the same force and effect as if the customer had agreed to this terms of service in writing.
If you do not agree to be legally bound by these terms of service at this time, you may contact Bombora Local within 72 hours of Bombora Local sending you a welcome e-mail to your last known contact e-mail address that you desire to cancel the services and the services will be canceled in accordance to this terms and services. Failure to notify Bombora Local of this cancelation within the applicable time period shall be deemed to indicate that you the customer have read and understand these terms and conditions and agree to be legally bound by them and Bombora Local will commence work on the customer’s project as if customer had expressly accepted the terms of service.
Bombora Local may from time to time change our terms of service by updating this web page. Client’s use of Bombora Local services following any such change constitutes your agreement to follow and be bound by the updated terms of services. If you do not agree with any change(s) of the terms, the client’s only recourse is to terminate this contract and cancel all of Bombora Local’s services with no refund of services. You may also elect to purchase additional services from Bombora Local, our partners and/or third party services. It is your responsibility to review, accept, and abide by these terms as well as this agreement.
2. Three Day Right To Rescission
You may cancel the service and receive a 100% refund within the first 72 hours, three (3) days of your initial signing of, or agreement to, the application/contract by a voice recorded verification during the sales and agreement stage. Three day right to rescission must be received by email to accounting@bomboralocal.com. Three day rescission cancellations cannot and will not be accepted by phone. Confirmation of your rescission cancelation will be emailed to you with a cancelation number as confirmation to client. The confirmation and cancelation number will be emailed to the last known email address on file or the return email address that the rescission request came from.
3. Account Termination/Cancel
For cancellation of this contract, subscription, and agreement client must notify Bombora Local via telephone to Bombora Local’s customer service department Monday through Friday 10am to 5pm Eastern Time at 321-236-0010. Customer understands and agrees that all cancellation are recorded for the protection of our customers account. The customer will then be asked to verify the last 4 digits of the credit card on file or the routing number of the bank account being drafted on file as well as a current active email on file with us to receive a copy of the cancellation agreement that must be signed before cancellation is complete and valid. Customer cannot cancel through email, fax, over the ticket system. In addition Customer cannot cancel by creating a dispute or chargeback through the credit card companies doing this will add a $25.00 fee from the merchant account and a $199.00 fee for processing per chargeback. Services may be terminated by Bombora Local in its sole discretion for any reason at any time without a refund of any kind for hosting or design fees. Customer agrees that all open invoices for services requested by customer over and above their agreed service contract will be due before cancellation can be complete and billing stops. Customer agrees that if customer cancels during the monthly contractual period that customer will still owe the balance of the remaining months for consideration of agreements and expenses Bombora Local incurred on behalf of the customer. After the monthly contractual agreement, client can cancel services at any time. Following cancellation, service will be discontinued immediately with no prorate for the month canceled in.
Customer agrees that there would be a $140 dollar charge to compile and put together all the Website Files, DNS Records, and Design Files needed to transfer your site and assets to your new service provider as long as the above conditions have been met.
4. Refund policy for design work and enhancement sales
Customer agrees that there is no refund for any design or build out process once work has begun on the requested project including any enhancements ordered during the build out or after the build out of the services ordered by customer.
Refunds may be provided in other cases where Bombora Local management determines that there has been a failure on the part of Bombora Local to fulfill the terms of this agreement. Refunds will be issued at the sole discretion of Bombora Local AND ARE GRANTED ON A CASE-BY-CASE BASIS.
5. Refund Policy for monthly Hosting & fees
Customer agrees to Bombora Local’s no refund policy for monthly and annual hosting charges or monthly and annual maintenance fees for other services ordered.
Customer also agrees that partial refunds will not be issued regardless of the point in the payment cycle at which cancelation occurs.
Refunds may be provided in other cases where Bombora Local management determines that there has been a failure on the part of Bombora Local to fulfill the terms of this agreement, AND ARE GRANTED ON A CASE-BY-CASE BASIS.
6. Monthly hosting and other recurring service fees
Monthly hosting and other recurring service fees starts immediately upon the date of order and is paid at the same time as the design fee as server space is set up on behalf of the customer for domain name, email, the website build out and other services starting from the date of sale. Monthly hosting and other recurring service fees are billed every 30 days in accordance with Bombora Local’s recurring cycle.
7. Additional services (add on)
Customer may add additional services to their order at any time. Customer agrees to pay any additional start up fees at the time of ordering the additional services. Some additional services include a monthly recurring fee that will be added to what the customer’s current monthly recurring obligation to Bombora Local is at the date of order.
8. Services provided
Bombora Local’s services include video production, video distribution, video marketing, social media services, local SEO services, PPC management, website design, mobile site design, mobile marketing, Google places business profile, directory submission and other website and internet related services.
9. Product/service Disclaimer
Not all products and services may be available in all countries, provinces, cities, and states that Bombora Local offers services. The availability of a product or service shall have no bearing on the validity of this document.
10. Acceptable Use of service
It is the responsibility of the customer to maintain and police the content of their website(s) including obeying all local, regional, national and international laws. Any site(s) found in violation of any laws will be terminated from Bombora Local’s service at any time without notice or refund of services. Bombora Local cannot be held liable or accountable for content on customer’s site/s.
Bombora Local will not accept sites that promote, sell, or facilitate copyright violations, online gambling, guns and ammunition, prescription medication, fake or replica products. Bombora Local reserves the right to refuse service to anyone at any time for any reason.
It is also the customer’s responsibility to not use or allow the use of Black Hat Tactics, with SEO, Backlinks, and Maps, or any other tactic that goes against Google’s Policies. Sites found in violation will be terminated from Bombora Local Servers without notice or refund of services.
11. Design process
The website being built the customer is based solely off of the preferences that were given during the order process. Client may submit examples of websites to be used solely for the purposes of reference. Existing websites cannot be copied, duplicated or replicated in any form due to intellectual property rights and copyright laws.
Any pictures the client desires to be used for the website, the video, or any other service must be submitted by 5:00pm EST on the 5th business day following the initial date of order. If not received in that time period, a reminder e-mail will be sent to the last known e-mail address on file to inform the customer that Bombora Local’s design department will move forward on the order using text from our copyright department and industry specific stock photos until the time that the customer completes submits any desired pictures.
The customer agrees that by not submitting promised materials or content, the build process will be deemed complete and ready to go live on the internet. The customer also agrees that missing or replaced content does not affect the monthly hosting fees due each month and that, due to the nature of unlimited monthly changes, the client can submit content and changes at any time at customer’s convenience.
It is agreed by customer that the design process is finished upon receiving the completion e-mail and completion call by a live agent followed by an automated call message until which time changes have been communicated.
Bombora Local will not be held responsible for typos, spelling errors or the accuracy of the information on client’s website, video, Google places or directory listings or any other service provided by Bombora Local. It is up to the customer to police and proof these medium’s content and submit changes with the unlimited monthly changes. The customer will be emailed and called when their project is live.
12. Changes policy following the completion e-mail and completion call
It is agreed by the customer that until the client’s first visual input, we at Bombora Local don’t know if we are 50%, 70%, or 90% of the way to the client’s vision for their website of if we are at 100%. You receive unlimited changes for the first 30 days from the completion call and completion email. It is at this point that changes to your website based on your visual input for your new site begins. It is during the unlimited monthly changes period that the site is fine tuned to client’s specifications. After the 30 day mark for unlimited changes, client will receive 30 minutes worth of changes per month. Client also understands and agrees that the website is always a work in progress regarding efforts of keeping it up-to-date and making regular changes so that it continues to be a true reflection of the client’s business as it grows and evolves; thus the client’s website is truly never finished and in no way affects the ongoing monthly hosting or design fees. It is also agreed by the customer that not participating in the changes process at the point of the completion call, or any other changes, does not affect the monthly hosting obligation or deem a refund of any kind for hosting or design fees.
13. On Going changes policy
It is agreed that the client will submit all change requests through Bombora Local’s ticket system at support.bomboralocal.com or via phone at 321-236-0010. NO changes will be accepted via e-mail regardless of which department within Bombora Local unless explicitly directed to do so by a Bombora Local representative. Do not e-mail any content or changes to your sales representative. Any content or requests made to a sales representative will not be held accountable by the design team.
Client also understands and agrees that changes normally take 7-14 days but can take longer depending on the complexity of the change. Timelines for changes submitted are communicated on a one on one basis through the customer’s account in the Bombora Local ticket system located at changes.bomboralocal.com where an entire history of current tickets as well as past tickets are stored for client’s review at any time during the period you are a client with Bombora Local.
The customer also understands and agrees that certain types of requested changes are not covered by the free 30 minutes of monthly changes because they require a specialty coded plugin, custom programming, custom design work, etc. in order to fulfill the requested changes. A requested change can be designated ‘special’ at the sole discretion of Bombora Local. When it is determined by Bombora Local that a change request falls outside the free 30 minutes of monthly changes and is therefore ‘special’, the client will (1) be notified through the ticket system (2)receive a call from a Bombora Local customer service representative to discuss the cost of the requested upgrade that may require a specialty coded plugin, custom programming or custom design work. It is also agreed by the customer that declining to pay for the upgrade (1) constitutes client’s withdrawal of pertinent change requests (2) has no effect on future hosting obligations (3) does not entitle client to a refund of any kind for hosting fees, design fees, or any other fees associated with the maintenance and upkeep of client’s website.
Customers with access to a control panel that allows them to personally make changes to their website agree not to hold Bombora Local responsible for any changes that might have disrupted or otherwise disabled their website. Bombora Local reserves the right to bill the client for any time and resources lost rectifying any issues caused by the client.
14. Domain Names
Customers who already own their domain name will be provided with our IP address to which their domain will be pointed through their current registrar. Assistance with this process will be offered by Bombora Local’s customer service department. Customer also agrees that Bombora Local will not be held responsible for any domain renewal or domain issues that it is beyond the control of Bombora Local and has no effect on future hosting fee obligations, nor does it entitle client to a refund of any kind for hosting fees, design fees, or any other fees associated with the maintenance and upkeep of client’s website due to non-renewal or if the site goes down.
Domain names that are purchased for the customer or authorized representative by Bombora Local will be managed by Bombora Local on behalf of the customer including renewing the domain each year through our registrar of choice. The client understands and agrees that the cost of renewing and managing this domain is $25.00 per year per domain name listed on file for the customer. If the client or authorized representative wishes not to renew a domain, the client must submit a ticket or call customer service at least 30 days before the renewal date. No refunds can be given once a domain name has been renewed. All Domain registrations and renewals are final. Upon cancelation of services per these terms of service, customer maintains ownership of the purchased domain names while their account has no outstanding balances with Bombora Local. If the customer account is NOT in good standing regarding hosting obligations, payments on any upgrades, or any other outstanding balances these arrears will need to be fulfilled before any domain name will be released. It is also agreed that the customer has 30 days from the date of cancelation to claim a domain name we purchased for them to use unless the renewal date is before the 30 day period, after such point Bombora Local has the right to retain absolute ownership of any such abandoned domain name(s) and has the right to utilize such domains in whichever way Bombora Local deems fit including renewal, non-renewal and/or the sale of the domain to a third party.
15. Communication
Customer understands and agrees that his participation with Bombora Local is crucial to the client’s success with the services offered by Bombora Local. Bombora Local’s communications and requests must be handled in a reasonable time period as it may affect the overall performance and services provided. It is also agreed that Bombora Local will communicate with the customer on an ongoing basis through e-mail, via phone and the Bombora Local’s Ticket System and that the customer agrees to said communication.
16. Copyrights, Trademarks, Intellectual Property
The customer agrees to abide by copyright law, trademarks and any other intellectual property. Customer certifies that all content submitted to Bombora Local is owned by the customer or that the customer has permission to use it. Bombora Local will not be held responsible for any copyright, trademark or intellectual property rights infringement occurring on a customer’s website(s).
17. No Liability
The customer understands and agrees that Bombora Local, its suppliers, directors, officers, employees, subsidiaries, and assigns shall not be responsible or liable, under any circumstances, for any loss of business, loss of profits, business interruptions, information loss, modifications, termination or suspensions of your service, or any other loss resulting from the inability to use Bombora Local’s services including any loss resulting from acts of nature, acts of God or causes beyond its control, including server maintenance or failure , internet failures, power failures or other equipment or service failures. In all circumstances, the maximum liability shall be limited to the amount actually paid for the services provided.
18. Indemnity
Client agrees to indemnify and hold Bombora Local, their Regents, its suppliers, directors, subsidiaries, officers, agents and employees harmless from any liability, loss or damage they may suffer as a result of claims, demands, costs or judgments against them arising out of the activities to be carried out pursuant to the obligations of this Agreement.
19. Call Recording
Bombora Local records all incoming and outgoing calls directed to Bombora Local for purposes of training and quality control. It is agreed by the customer that these recordings are used for training purposes to better our services and communication with customers. It is also agreed that these recording can be used to solve any dispute as to services provided. Customer also agrees to a recorded verification of the sale order process, and that such recording(s) can be used to solve any order discrepancy or financial obligation between Bombora Local and the customer including 3rd party financial institutions.
20. Governing Law, Venue, agreement to Arbitrate
These Terms of service shall be binding on you and Bombora Local and Client’s or its successors and assigns, and shall be governed by the laws of the state of Florida without giving effect to such laws’ provisions regarding conflict of laws. Any action arising out of or related to these terms of service shall be petitioned to the Florida state courts located in Orange County, Florida, USA or the Federal court located in Orlando, Florida, USA and each party consents to the jurisdiction and venue of these courts. Arbitration should be determined by arbitration in Orange County Florida before one arbitrator. Each party expressly disclaims application of the United Nations Convention on Contracts for the International Sale of Goods to this Terms of Service.
21. Notices
All notices, requests, demands, and any other communications hereunder shall be in writing and shall be deemed to have been duly given if personally delivered or when received if mailed, by courier, overnight delivery, certified, registered or postage pre-paid to the address set forth below:
Bombora Local
1093 A1A Beach Blvd #134
St. Augustine, FL 32080
22. Authorized to sign
The person agreeing to Bombora Local services on behalf of the customer hereby certifies and warrants that he or she is the authorized representative and has the authority, and ability, to act on behalf of the customer.
23. Headings
The headings of the sections of this agreement are for convenience only and will not have any effect in construing the meaning of the sections.
24. Severability
This Agreement shall be deemed severable, and if any portion hereof shall be held invalid for any reason, the remainder shall not be invalidated, but shall remain in full force and effect.
25. Survival
The following provisions shall survive termination of this agreement regardless of the termination date and reason: Sections 1-8, 11,15, 18-26