You will love the products and services provided by High Point SEO & Marketing (referred to hereinafter as “High Point SEO & Marketing”). Here’s what you should know for each product and service.
There are no refunds on products delivered in electronic (digital) format. All sales are final with no exceptions.
Refunds on Digital Marketing Services (including SEO, Social Media Management, Website Design & Redesign, Website Hosting, Logo Design, and any other services offered by High Point SEO & Marketing) are governed by the terms and conditions of those products. If the terms of the refund and cancellation policies in any product description conflicts with the terms of the refund and cancellation policies on this web page, the terms of the refund and cancellation policies in the product description shall govern.
If any term on this web page conflicts with any term in any customer agreement, the term in the customer agreement will govern.
You agree on behalf of your executors, administrators, beneficiaries, heirs and assigns, to waive, release, forever discharge and hold harmless High Point SEO & Marketing from and against any and all existing or potential claims, demands, causes of action, suits, liabilities, interests, damages, losses, costs and expenses (including but not limited to reasonable attorneys’ fees and other litigation costs and expenses) asserted or unasserted, known or unknown, in connection with, arising from or in any way related to your participation and investment in High Point SEO & Marketing’s services.
You understand and acknowledge that High Point SEO & Marketing makes no guarantee as to any results of the services.
High Point SEO & Marketing does not represent or guarantee that you will achieve the same or similar results to the testimonials or case studies you see on our website or social media.
All services must be paid for (or a Payment Schedule Agreement signed) before any services are rendered or scheduled.
Unless otherwise agreed to in writing by High Point SEO & Marketing, any website designed, developed, redesigned, or substantially modified by High Point SEO & Marketing will contain a discreet website-design attribution in the footer identifying High Point SEO & Marketing as the website designer and/or developer.
The attribution may read “Website Design by High Point SEO & Marketing,” “Website Design & Development by High Point SEO & Marketing,” or substantially similar language as determined by High Point SEO & Marketing.
The Client acknowledges and agrees that this attribution is a material term of the website-design agreement and forms part of the consideration and pricing under which High Point SEO & Marketing agrees to provide its website-design and development services.
The Client shall not remove, conceal, obscure, disable, materially alter, or cause another person or company to remove, conceal, obscure, disable, or materially alter the attribution without the prior written consent of High Point SEO & Marketing.
Where the attribution includes a hyperlink, the Client may request that the hyperlink be appropriately qualified for search-engine purposes, including through the use of a nofollow or similar link attribute. Removal of the attribution itself, however, remains subject to the provisions below.
A Client who wishes to permanently remove the High Point SEO & Marketing attribution may purchase an attribution release for a one-time fee of $1,000.00 per website/domain, unless another amount is agreed to in writing.
The attribution release fee must be paid before the attribution is removed.
Payment of the attribution release fee applies only to the specific website or domain for which it was purchased and does not constitute a general waiver of High Point SEO & Marketing’s attribution rights on any other website.
If the Client, its employee, contractor, marketing company, web developer, hosting provider, or any other person acting on the Client’s behalf removes, conceals, disables, or materially alters the attribution without first obtaining written authorization and paying the applicable attribution release fee, the $1,000.00 attribution release fee shall immediately become due and payable.
The parties acknowledge that the promotional and portfolio value associated with website attribution is difficult to calculate precisely and that the attribution release fee represents the agreed value placed upon permanently releasing the Client from the attribution requirement and is not intended as a penalty.
High Point SEO & Marketing may provide written notice of unauthorized removal and demand payment of the outstanding attribution release fee and/or restoration of the attribution.
The Client shall additionally be responsible, to the extent permitted by applicable law and this Agreement, for reasonable costs incurred by High Point SEO & Marketing in enforcing this provision, including collection costs, court costs, and reasonable attorneys’ fees.
Payment of the attribution release fee does not limit any other contractual remedy available to High Point SEO & Marketing for a separate breach of this Agreement, provided that High Point SEO & Marketing shall not obtain duplicative recovery for the same damages.
Websites hosted, maintained, or managed by High Point SEO & Marketing may utilize software, plugins, themes, services, integrations, APIs, security tools, optimization tools, caching systems, backup systems, form software, content-delivery services, image-optimization services, performance tools, or other technologies that are licensed, purchased, or subscribed to by High Point SEO & Marketing under agency, developer, multisite, unlimited-site, or similar licensing arrangements.
These may include, without limitation, Elementor, Elementor Pro, premium WordPress plugins, speed and performance software, caching systems, security software, backup software, premium themes, optimization services, and similar third-party products or services.
Unless specifically stated otherwise in writing, the Client is receiving the benefit and use of these licenses while the website remains hosted or managed by High Point SEO & Marketing. The Client is not purchasing, acquiring, or receiving ownership of High Point SEO & Marketing’s agency licenses, subscription accounts, license keys, login credentials, or third-party software subscriptions.
If the Client cancels High Point SEO & Marketing’s hosting or management services, transfers the website to another hosting provider, moves the website to another developer or marketing company, or otherwise removes the website from High Point SEO & Marketing’s hosting environment, High Point SEO & Marketing may immediately deactivate, disconnect, or remove its agency license keys, subscription connections, accounts, credentials, and other licensed services from the website.
High Point SEO & Marketing is not required to transfer, disclose, assign, or provide its agency license keys, software accounts, subscription credentials, developer accounts, or other licenses to the Client or to the Client’s new hosting company, web developer, marketing company, or other third party.
Where permitted by the applicable software license, the underlying plugin or software may remain installed after the High Point SEO & Marketing license is disconnected. Where the applicable license requires removal, High Point SEO & Marketing may remove the licensed component before or at the time of transfer.
After termination of High Point SEO & Marketing’s hosting or management services, the Client shall be solely responsible for obtaining and paying for any replacement licenses, subscriptions, plugins, themes, services, accounts, or software required for the continued operation of the website.
This includes all initial and recurring costs associated with purchasing, installing, activating, configuring, replacing, maintaining, and renewing such products and services.
The Client acknowledges that discontinuation of High Point SEO & Marketing’s agency licenses may affect website functionality, editing capabilities, updates, security, backups, forms, integrations, appearance, loading speed, caching, optimization, or other website features.
High Point SEO & Marketing makes no representation or guarantee that the website will maintain the same functionality, appearance, performance, speed, security, compatibility, or update capability after the website leaves High Point SEO & Marketing’s hosting or management environment.
High Point SEO & Marketing shall not be responsible for any loss of functionality, compatibility issue, software conflict, security issue, performance reduction, broken feature, formatting change, update issue, or other condition resulting from the expiration, deactivation, removal, replacement, or failure to renew a third-party license after the Client leaves High Point SEO & Marketing’s hosting or management services.
Cancellation of hosting does not include website migration, transfer, packaging, technical transition services, or assistance with moving the website to another hosting provider or service provider.
Upon request, High Point SEO & Marketing may provide a downloadable copy or transfer package containing the website files and database reasonably available within High Point SEO & Marketing’s hosting environment.
A Website Transition & File Preparation Fee of $350.00 will apply when High Point SEO & Marketing is requested to prepare, package, export, or make available website files and databases for transfer to another provider.
Unless otherwise agreed to in writing, the Client is responsible for all costs associated with moving the website to another hosting provider or service provider, including third-party hosting charges, software licensing, premium plugin costs, configuration costs, technical support, DNS changes, email configuration, testing, troubleshooting, and services performed by the Client’s new provider.
If the Client requests that High Point SEO & Marketing perform or assist with the actual migration, transfer, destination-server configuration, DNS changes, troubleshooting, communication with another developer or hosting company, or setup of the website on another provider’s systems, such work will be billed separately at High Point SEO & Marketing’s then-current hourly rate or quoted migration fee.
All applicable transition, migration, file-preparation, and outstanding account charges must be paid before High Point SEO & Marketing is required to perform transition or migration services.
Cancellation of hosting does not entitle the Client to free migration services, technical assistance, setup on another provider, or continued access to High Point SEO & Marketing’s licensed software, subscriptions, agency accounts, or premium services.
High Point SEO & Marketing shall have no obligation to purchase or provide replacement licenses, subscriptions, plugins, themes, or third-party services for the Client following termination of High Point SEO & Marketing’s hosting or management services unless expressly agreed to in writing.
You authorize High Point SEO & Marketing or any representing business of High Point SEO & Marketing to charge your bank account and/or credit card for each payment due herein. You are responsible for all payments due unless otherwise agreed to in writing. An administrative fee of 5% of your payment will be billed to your bank account and/or credit card for each day your payment is late if High Point SEO & Marketing is unable to collect payments due for any reason after 9 days. High Point SEO & Marketing reserves the right to stop all work and remove your website from being live on the web if payments remain unpaid. If a scheduled payment remains unpaid and/or delinquent for more than thirty (30) days, the full balance owed for the remaining contracted term under this agreement shall be due and payable forthwith. You agree to pay all costs of collection, including but not limited to collection agency fees, maximum interest allowed by the state of Connecticut or applicable state, court costs, and reasonable attorney’s fees. You understand that the total amount indicated herein is owed regardless of your results and the amount of time High Point SEO & Marketing has worked with you. If you initiate a chargeback through your bank account or credit card, a re-collection fee of ninety-five ($95) dollars will be charged to your bank account or credit card for each dispute. The processing of said re-collection fee to the credit card or bank account shall constitute receipt of payment. All products and services provided by High Point SEO & Marketing are not transferable. Any balance that has been past due for ten (10) business days or longer may be referred to a third-party collections agency immediately.
28-day notification is required to cancel your auto-pay. Auto-pays are run based on the frequency explained at purchase. The next autopay scheduled within this 28-day period will be run and applied in full. All of your agreement privileges will remain in force until the end of the period following your last payment, as it normally would prior to the auto-pay.
If your purchase includes a minimum required term of commitment with auto-renewal, please note that cancellation within the initial commitment period is subject to the terms outlined in the agreement. If you choose not to cancel within the 28-day notification period following the initial commitment period, your commitment will automatically renew for subsequent terms as outlined in the agreement. In the event of cancellation after the auto-renewal, a 28-day notification is required to cancel your auto-pay. Auto-pays are run based on the frequency explained at purchase. The next autopay scheduled within this 28-day period will be run and applied in full. All of your agreement privileges will remain in force until the end of the period following your last payment, as it normally would prior to the auto-pay.
High Point SEO & Marketing may terminate your relationship for good cause. The determination of whether good cause is present is in the sole and reasonable discretion of High Point SEO & Marketing. In the case of a good cause termination, no refunds will be issued, and any applicable payment plans will remain in effect until full payment is completed.
High Point SEO & Marketing reserves the right to terminate this agreement at its sole discretion, even in the absence of ‘good cause.’ If High Point SEO & Marketing decides to terminate the agreement without ‘good cause,’ the client will be notified in writing, and any prepaid fees for services not yet rendered will be refunded on a pro-rata basis. Additionally, if High Point SEO & Marketing determines that entering into a higher-paying contract with another client is in its best interest, High Point SEO & Marketing may terminate this agreement with 28 days written notice to the client. In such cases, any prepaid fees for services not yet rendered will be refunded on a pro-rata basis.
To preserve the integrity of our clients, our business, and our industry trade secrets we do not allow anyone to share or obtain any of our records.
You understand that there are no guarantees of results and that these services are an investment in your business and although it is the goal, you understand you may not receive a return on your investment every month.
Knowing the material risks and appreciating, knowing and reasonably anticipating these risks are a possibility, you hereby expressly assume all of the delineated risks of I do hereby waive, release and forever discharge High Point SEO & Marketing or any representing business of High Point SEO & Marketing from any and all liability for any present and future injuries or damages resulting and/or arising from my participation and investment in High Point SEO & Marketing’s Digital Marketing Services.
For all other inquiries, please contact us at hayley@highpointseomarketing.com
