Social Focus Terms & Conditions:

By hiring Social Focus Marketing services, you (“the Client”) agree to the Terms and Conditions of Use (“Terms and Conditions”) as outlined below. Please acquaint yourself with our Terms and Conditions before submitting any order for web site, multi-media design, or marketing (“the Project”). If you do not accept these Terms and Conditions, you may not use Social Focus Marketing services, studio or web site(s).

1. Authorization.  If the client is engaging Social Focus Marketing (“Social Focus”), a Massachusetts corporation, as an independent contractor for the specific project of developing and/or improving a website to be installed on the client’s web space on a web host server, then the client hereby authorizes Social Focus to access this account, and authorizes the web hosting service to provide Social Focus with “write permission” for the client’s webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes Social Focus to publicize their completed website to Web search engines, as well as other Web directories and indexes.

2. Acceptable Payment. Social Focus accepts company check, money order, or major credit cards processed via QuickBooks virtual terminal. Credit card information submitted authorizes Social Focus to process deposit payments, progress payments and/or balance payments of agreed-upon services with the card information on file without notice to the client. Client may request to pay with an alternative method prior to project completion. Services requested by the client by phone or email beyond those detailed in an order form are subject to these Terms and Conditions. Payment options can be agreed upon in writing, including email correspondence, to include processing a credit card on file if requested.  Payments made to Social Focus shall operate as approval of any services or products which may have been provided to the Client as of the date of the payment.
3. Unprofessional Conduct. Social Focus reserves the right to refuse service to, or communication with, the client should the client engage in unprofessional conduct with Social Focus or its subcontractors. Unprofessional behaviors may include but are not limited to profanity, discrimination, harassment, threats of slander, libel or blackmail, direct solicitation of its employees, or unethical practice. If a client engages in any of these or other unprofessional practices, Social Focus will halt work immediately and resolve unfinished work per the Refund Policy.

4. Disclaimer and Severability. Notwithstanding anything to the contrary contained in this contract, neither Social Focus nor any of its employees or agents, warrants that the functions contained in the Project will be uninterrupted or error-free. In no event will Social Focus be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the website, even if Social Focus has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. That said, Social Focus will take all reasonable action to ensure that the client’s web service needs are fairly met.

5. Governing Law.  This Agreement shall be construed and enforced in accordance with the laws of the state of Massachusetts. It is the express intention of the Developer and Client that the exclusive venue of all legal actions and procedures of any nature whatsoever which relate in any way to this Agreement shall be either the District Court Department of the Trial Court of the Commonwealth of Massachusetts, sitting in Lynn, Massachusetts, or the Superior Court Department of the Trial Court of the Commonwealth of Massachusetts, sitting in Salem, Massachusetts, or the United States District Court sitting in Boston, Massachusetts.  The parties agree to waive their right to a trial by jury.  The Client consents to said courts having personal jurisdiction over the Client in any action based on this Agreement.  Developer agrees that in the event of any breach or threatened breach by Developer, Client may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect Client against any such breach or threatened breach.
6. Browser Compatibility. Social Focus tests web design functionality on the most recent two versions of Internet Explorer, Mozilla/Firefox and Safari. Upon contract signing these versions are as follows: Internet Explorer versions 7.0 and 8.0, Mozilla/FireFox via PC, and Mozilla/Firefox and Safari via Mac. Our custom web development projects are compatible with Blackberry (version 4.6 or later), iPhone (3.0 or later), Windows Mobile (version 5 or later), Opera Mobile (version 8.5 or later), Safari Mobile (3.0 or later) and Google Android (1.0 or later). Social Focus cannot accept responsibility for incompatibility on dated browsers or lack of plug-ins/helper programs if more advanced (non standards-compliant) technology is used.

7. Copyrights and Trademarks. The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Social Focus for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, indemnify, protect, and defend Social Focus and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. Social Focus is not responsible for any content uploaded to the website by the client or its website users.

8. Search Engine Optimization. Search Engine Optimization (“SEO”) is governed by many factors which are outside the direct control of Social Focus and therefore Social Focus cannot guarantee specific results. An SEO report will be provided to the Client 30 calendar days after commencement of the SEO campaign and each 30 calendar days thereafter for the length of marketing campaign. Social Focus is not responsible for any undoing of SEO by the Client or any other third party.
9. Sole Agreement. The Developer and the Client may have entered a contract for services, either prior to, in conjunction with, or subsequent to the Client’s acceptance of these Terms and Conditions.  The Client accepts the Developer’s Terms and Conditions as they may be included with this Agreement.  These Terms and Conditions shall be read and interpreted along with any such contract entered by the Developer and the Client.  In the event that the provisions of these Terms and Conditions conflict with those of the contract, the contract shall control.

10. Initial Payment & Refund Policy. The Client acknowledges that twenty percent (20%) of the commencement deposit (as described elsewhere) shall be non-refundable and shall be in consideration of the initial administrative actions taken by the Developer.  If the Client shall request that the Developer cease work, the Developer shall prepare and deliver an accounting of the work completed as of the date of the request.  Work completed shall be billed at an hourly rate of $80 for administrative support, graphic design, and marketing support, and the total shall be deducted from payments previously made by the Client, and the balance of said payments returned to the Client. If, at the time of the Client’s request, the prepared accounting shows that work has been completed which is greater in value than the Client’s previous payments, the Client shall be liable for the difference.