Package Terms and Conditions

Effective as of January 4, 2010

General Terms and Conditions for All Packages

General

VisitorCamp.com is a Polar Design service and a trademark of International Marketing Services, LLC (IMS).  By signing a proposal, you enter into an agreement with IMS.  The terms "IMS", "VisitorCamp.com", "VisitorCamp", and "Polar Design" all collectively refer to International Marketing Services, LLC.

Package Payment and Pricing

  1. All Generator packages involving payment Option A, a monthly fee, are paid forward with monthly amounts due at the start of the period.  Payments begin on the day that your site goes "live".  The non-refundable deposit is due prior to start of development.
  2. All Generator packages involving payment Option B, a performance fee, are paid monthly based on the prior month's performance, with payments determined based on the performance formula in your selected package and due on the 5th business following the end of the month on which the performance payment was determined.
  3. All one-time-fee based Accelerator packages are invoiced 50% in advance and 50% upon completion.
  4. Acceptable payment includes Mastercard, VISA and American Express.
  5. Accounts 15 days past due automatically incur a penalty of 1% per 15 day period past due.
  6. Accounts more than 45 days past due are subject to immediate termination at IMS' discretion.
  7. You understand that any hosting services provided as part of your package are subject to the limitations on hard disk, bandwidth and e-mail account usage.  If you exceed your allotted hard disk space, monthly bandwidth or other limitations, you will be billed for overage fees in accordance with our hosting terms and conditions.

General Agreement Limitations and Conditions

  1. Notices may be provided by e-mail or facsimile transfer. 
  2. Package fees include only those services provided.  If you require additional services not explicitly described in your package, including additional designs, design revisions, HTML templates, link building or other services, such services will incur additional fees or may require the provision of additional packages.  VisitorCamp.com will review and obtain your approval for any and all service fees or package changes before you incur such fees or work begins. 
  3. You agree to abide by our acceptable use policy that governs our hosting service as described in the hosting terms and conditions.  This includes refraining from posting objectionable material on your web site (slander, porn), violating the copyrights of anyone, sending unsolicited, non-personalized e-mails in bulk to third parties (spam), among other things.  Doing constitutes a material breach and may result in immediate termination. 
  4. You agree to use the software platform and services provided for the sole purpose of marketing your company or products/services.  You will not for example attempt to hack, reverse engineer, or disable any services.  Doing constitutes a material breach and may result in immediate termination. 
  5. You may not assign or transfer your service or this agreement to a third party without IMS' permission.  If you do not obtain IMS' permission, then IMS may immediately terminate this agreement at its discretion.
  6. IMS may assign or transfer this agreement to third parties at its discretion.
  7. Neither party will be held liable for failure to observe the terms of this agreement due to force majeur until such time as force majeur may exist.
  8. You agree to defend, indemnify and hold harmless Polar Design from and against any liabilities, judgments, claims, damages, settlements, litigation or costs for breach of this agreement and associated hosting terms and conditions, including but not limited to the User Content and Conduct Appendix.
  9. Polar Design may change the terms of this agreement by providing you 90 days advance notice of any change.  You have the right to terminate your service and this agreement within that time frame by providing us notice of termination.  If you do not provide us with notice of termination within that 90 day period, then you understand that the updated terms will automatically take effect after the 90 day notice period expires.  
  10. This agreement is made separately from any other agreements between you and VisitorCamp.com's affiliates or parent company, including IMS.  This agreement and the associated hosting terms and conditions are the entire agreement between you and Polar Design as concerns the packages and services provided to you.
  11. During the term of your package and for one (1) year after, you will not solicit or hire the services of any current or former employee of VisitorCamp.com, its affiliates or parent company (Polar Design and IMS LLC) either directly or indirectl, through third parties without our prior written consent. 
  12. This agreement is made under the laws of the Commonwealth of Massachusetts in the United States of America and is solely and exclusively subject to the state or federal courts therein.

"Generator" Packages : Terms and Conditions

Revisions and Changes

  1. You are entitled to one round of light revisions to each deliverable, including designs, HTML templates or copy created as part of any package.  Major changes or additional rounds of changes will incur additional fees. 
  2. You are entitled to provide feedback regarding the domain name for your web site, but you understand that the domain name will be chosen primarily for SEO purposes and not branding.  Polar Design will provide up to five acceptable name for selection, from which you may choose one for registration for your web site.

Measurement of Results

  1. Web site traffic shall be measured utilizing primarily Google Analytics with AWSTATS as backup in the event of technical issues or outages in Google's tracking software.  Polar Design reserves the right to replace Google Analytics or AWSTATS with other statistics tracking solutions, at its discretion.
  2. Generator packages that utilize payment Option B shall include a phone number that will track inbound calls from the web site.
  3. Leads shall be defined as inquiry or contact form submissions from your Visitorcamp.com website, or inbound phone calls to the phone number listed on the site by individuals or organizations that are interested your offers (i.e., your products, services, or other offers).  All such submissions, whether they result in a successful sale or not, shall be counted as Leads for which the corresponding per-lead performance payment will be due if you chose payment Option B.  Calls, inquiries or form submissions that are not related to a potential interest in your web site offer shall not be counted as Leads.

Warranties and Liability

  1. You understand that VisitorCamp.com warrants that your web sites will operate according to the package specifications and that any inbound hyperlinks promised as part of a package will be developed for you.  While these services have been shown to increase search ranking, you understand and agree that the guarantees included in these packages are in no way a guarantee of actual visitor traffic, search engine ranking, customer activity or sales. 
  2. You recognize that search engine ranking algorithms change from time to time and agree to not hold VisitorCamp.com responsible for changes in search ranking, visitor traffic, customers activity, sales or any other changes to the results generated by your web site.  VisitorCamp.com will work with you to determine ways to recover a comparable position to that which you had before any search engine algorithm change.
  3. You understand that the package prices do not include high-availability hosting or monitoring, nor do they provide sufficient security to protect confidential or personal information.  Accordingly, you agree to not hold VisitorCamp.com responsible in the event of downtime, data loss or breach of any kind for any web sites or services offered under the packages. 
  4. Other than the SEO or Marketing guarantee included in your package, you understand that Polar Design specifically disclaims all implied warranties, including implied warranties of merchantability and fitness for a particular purpose, for any services provided, including design, development, hosting and other services.  You understand that you are not entitled to any other warranties other than those explicitly provided and you agree that you will not hold Polar Design responsible for any direct or incidental liability, litigation or damages arising out of provision services to you or use of our services.  Except as otherwise provided in this Agreement, any written materials by Polar Design, or information on Polar Design's web site and the web sites of its subsidiaries, affiliates, partners and other related companies (including Polar Design), shall be for informational purposes only and, whether delivered or disseminated before or after the date of this Agreement, shall not create any express or implied warranties, guaranty of performance, or contractual obligations.

Intellectual Property and Ownership

You understand that VisitorCamp.com will provide you with extensive custom web site design and programming services, content management templates and use of a domain name owned by VisitorCamp.com without requiring that you pay for those services up front or on completion.  Additionally, you understand that the monthly fee for service is utilized to pay a combination of services, including hosting, advertising, development of visitor traffic through off page SEO (e.g., "link building"), licensing and use of software, design and development services: the monthly fee is not a progress payment toward eventual ownership of the site.  Accordingly, you understand and agree that as part of the package price:

  1. Polar Design owns the domain name that we provide, the design of the site, custom copy that we write for you, and the HTML pages.  You will take ownership of these assets only after 48 months of paid service.  Your package fee will continue to cover hosting, support, and additional Internet marketing to ensure you continue to receive traffic and leads. 
  2. You will retain ownership of any domain name that you already own and link to the site, any images or content that you create and upload into your web site.
  3. Any software provided by Polar Design, whether developed by Polar Design or third parties, shall remain the property of Polar Design.  Should you terminate service, you understand that you will need to obtain licenses to operate said software on another server.
  4. Upon early termination of a package (before 48 months of service), use of the domain name, site design and underlying software will revert to Polar Design, and we may utilize these materials as we see fit with the exception of any copyrighted material that you have provided to us which will remain your property and will be removed from our system.  You may however "buy out" your site in the event of early termination subject to the provisions below.

Termination

  1. You may not terminate your service prior to the initial 6 month period. After that, you may terminate by giving us 30 days notice.
  2. With the exception of material breaches defined above, VisitorCamp.com agrees to not terminate this agreement within the initial 9 months, provided that you stay current with payments and do not breach this agreement. After that 9 month period, and again with the exception of material breaches defined above, Polar Design may terminate this agreement at any time by giving you 30 days notice.
  3. If you or Polar Design terminate your service, your access to any underlying software, reports and other site assets will cease through date you have prepaid to.  In addition, contact forms and e-commerce carts will cease functioning or forwarding your inquiries after that date.
  4. In the event of termination after 48 months of service, VisitorCamp.com will provide you any assets that you own and generally assist with transfer provided that you are current on all payments. 
  5. In the event of early termination (before 48 months), you may still take ownership of your site and operate it in one of the following ways:
    a.) You may "buyout" your web site design and HTML pages to another web host.  The buyout price is based on the value of service provided and shall be equal to the greater of the following formulas: 1) your monthly package price multiplied by 36 or 2) the total number of unique visitors to the web site in the 6 months prior to termination, multiplied by $1.00.  You must notify Polar Design if your desire to buy out your website within 30 days of giving us notice of termination, after which point the buyout shall be at Polar Design's option and at a price to be mutually agreed upon.
    b.) You may continue to operate your web site and domain name on our software and hosting platform.  You will first need to "buyout" the web design and domain name in accordance with 5.a. above.  You may then select from one of several hosting or service packages available that include software and hosting support only.

"Accellerator" Packages : Terms and Conditions

Revisions and Changes to Designs

  1. You are entitled to one round of light revisions to each deliverable, including designs, HTML templates or copy created as part of any package.  Major changes or additional rounds of changes will incur additional fees. 

Warranties and Liability

  1. You understand that VisitorCamp.com warrants that your web sites will operate according to the package specifications and that any inbound hyperlinks promised as part of a package will be obtained for from quality web sites using "white hat" methods.  While these services have been shown to increase search ranking, you understand and agree that the guarantees included in these packages are in no way a guarantee of actual visitor traffic, search engine ranking, customer activity or sales. 
  2. You recognize that search engine ranking algorithms change from time to time and agree to not hold VisitorCamp.com responsible for changes in search ranking, visitor traffic, customers activity, sales or any other changes to the results generated by your web site. VisitorCamp.com will work with you to determine ways to recover a comparable position to that which you had before any search engine algorithm change.
  3. You understand that the package prices do not include high-availability hosting or monitoring.  Accordingly, you agree to not hold VisitorCamp.com responsible in the event of downtime of any kind for any web sites or services that are part of the packages. 
  4. Other than the SEO or Marketing guarantee included in your package, you understand that Polar Design specifically disclaims all implied warranties, including implied warranties of merchantability and fitness for a particular purpose, for any services provided, including design, development, hosting and other services.  You understand that you are not entitled to any other warranties other than those explicitly provided and you agree that you will not hold Polar Design responsible for any direct or incidental liability, litigation or damages arising out of provision services to you or use of our services.  Except as otherwise provided in this Agreement, any written materials by Polar Design, or information on Polar Design's web site and the web sites of its subsidiaries, affiliates, partners and other related companies (including Polar Design), shall be for informational purposes only and, whether delivered or disseminated before or after the date of this Agreement, shall not create any express or implied warranties, guaranty of performance, or contractual obligations.

General Agreement Limitations and Conditions

  1. Either VisitorCamp.com or you may terminate this agreement by providing the other party 30 days notice in writing.
  2. In the event of termination, you agree to pay for work performed through the date of termination.  VisitorCamp.com  agrees to transfer any custom developed deliverables created on a work for hire basis upon receipt of all outstanding payments.
  3. You will not obtain ownership of VisitorCamp.com ' own software, systems, or other assets not explicitly developed for you.