GENERAL TERMS AND CONDITIONS OF SERVICE | MapTraffic.net
- About these General Terms and Conditions of Service. These general terms and conditions of service (these “Terms and Conditions”), its attachments and related documents, and the invoice (if any), constitute and govern the agreement (the “Agreement”) between us, MapTraffic.net (“Map Traffic”), and you (the “Client”).
- Binding Effect. The provision of services under this Agreement is made subject to these Terms and Conditions, and any inconsistent or additional terms or conditions contained in any previous communication or subsequent acknowledgment, whether written or unwritten, are hereby rejected. Map Traffic reserves the right to update and change these Terms of Service from time to time without notice. Map Traffic also reserves the right, subject to applicable law, to refuse service to anyone for any reason at any time.
- Guarantee. Map Traffic guarantees that Client’s profile will be listed on the front page of Google’s® local search, under 3 of 5 terms selected by Client and approved by Maptraffic within sixty (60) days, in the clients city or by zip code if population is over 500,000 people – or Map Traffic will refund one hundred percent (100%) of the monthly subscription service paid during the 60 day Guarantee period – a maximum refund of $500. The set-up fee is not refundable. This is a conditional guarantee and is subject to Client fulfilling it’s obligations under this Agreement.Under certain circumstances, Map Traffic may request Client to take certain actions with respect to its listing profile in order to improve its ranking results as determined by Google’s® search algorithm. If Client fails to take such action, or publishes false or misleading information or submits fake reviews, then this guarantee will be null and void. Per this agreement, it is the responsibility of all MapTraffic clients to successfully obtain a minimum of 3 customer reviews via Google Places and/or other acceptable review sites. If clients fail to fulfill this requirement, then this guarantee will be null and void.
Under certain conditions, due to circumstances beyond MapTraffic’s control, the validation of a Google account may take longer than expected. As existing listings are necessary to secure in a MapTraffic Google Places account, the 60 day guarantee will begin upon the completion of listing transfers. In the event that multiple accounts exist, the 60 day guarantee will begin upon the successful deletion of all pre-existing duplicate listings. If client is unable to or unwilling to assist in the successful completion of this mandatory task, then this guarantee will be null and void.
MapTraffic’s optimization process is proprietary and requires direct communication with client’s Google listings in order to complete necessary changes. To protect MapTraffic’s proprietary technology, we require the transfer of client listings into a secure Google Places account until such time as the client cancels services with MapTraffic. At which time they may claim their listing back and MapTraffic will remove the listing from our account.
If upon purchase of MapTraffic’s services it is revealed that client has worked with another 3rd party vendor, the client must have that vendor remove the client’s listing from their account immediately. MapTraffic will assist in this process, but due to the time required to complete this task, the 60 day guarantee will begin upon the successful deletion of listings by any 3rd party vendor and the client. Contract is void and no refunds are offered if at anytime client fails to have their listing removed from another vendors account.
Upon completion of the sixty (60) days Guarantee, it is possible to see listing results fluctuate due to Google’s algorithm changes – which is normal and does not entitle client to a refund, other than a pro-rated refund of the monthly fee for the current paid month, if they choose to cancel their subscription to MapTraffic’s services.
- Terms of Payment. Set-up fees to Map Traffic are due and payable on the commencement of service. Monthly service fees are due and payable on a monthly basis in advance of the anniversary date of the commencement of service. If payments due are not received within ten (10) business days of the applicable due date, the payment is considered late. If the Client is late in making payment, Map Traffic is entitled to charge interest at the rate of 1½ % per month or part thereof until the entire amount due is received. Map Traffic may also discontinue service with the Client, discontinue hosting of the Client’s website (if applicable), remove the Client’s listing from all local search engines, and/or take any other reasonable means necessary in order to collect the past due amount. The Client may not offset an invoice against other claims unless such claims are undisputed or reduced to judgment. Should Map Traffic need to engage the services of an attorney or debt collection agency to assist in the collection of amounts due, then the Client agrees to reimburse Map Traffic for all fees and costs incurred in such collection, plus an additional administration fee of $105.00 per hour to compensate Map Traffic for the administrative and management time required to collect the outstanding payment. Prices of all services, including but not limited to monthly fees, are subject to change upon thirty (30) days notice.
- Termination. This Agreement is a contract at-will and may be terminated at any time by either party subject to these Terms and Conditions. If Client desires to terminate the Agreement it must do so in writing, either via email with a confirmation from Map Traffic acknowledging receipt, or by regular mail with delivery confirmation. In the event of termination by either party, Client shall be obligated to pay the full purchase price provided hereunder for the services completed and for all work in progress, including monthly service fees for all periods and partial periods up to and including the date of termination.
- Third Party Services. The services provided under this Agreement depend, in part, on services, products, offers and promotions provided by third parties, and not by Map Traffic (“Third Party Services”). Client is responsible for reviewing and understanding the terms and conditions as well as any fees, if any, governing any Third Party Services. Client authorizes Map Traffic to use and disclose its contact information, including name and address, for the purpose of making the Third Party Services available to the Client. Client agrees that the third party, and not Map Traffic, is responsible for the performance of the Third Party Services. In no event will Map Traffic be responsible for the information contained in any third party website or for any inability to use such third party website or Third Party Services. Access to any third party website is at your own risk, and Client acknowledges and understands that links to third party websites might contain terms and privacy policies as well as fees that are different from those of Map Traffic. Map Traffic is not responsible for such provisions, and expressly disclaims any liability for use of such Third Party Services and third party websites.
- Limitations of Liability. Map Traffic makes no representation or warranty for the benefit of Client beyond those which are set forth in this Agreement. In no event will Map Traffic be liable to Client or to any other person or entity for any special, consequential, incidental or other damage, however caused, direct or indirect, whether for breach of contract, negligence or under any other legal theory, including lost profits, and whether or not Map Traffic has been advised of the possibility of such damage. Under no circumstance shall Map Traffic be liable to Client due to any modification, price change, suspension or discontinuance of the service. Map Traffic’s sole and exclusive liability and Client’s sole and exclusive remedy for breach of this Agreement is the refund of amounts previously paid by Client.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAP TRAFFIC DISCLAIMS ALL GUARANTEES AND WARRANTIES NOT EXPRESSLY STATED HEREIN, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING ITS SERVICES, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, NON-INTERFERENCE OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS AND SIMILAR LAWS OF ANY JURISDICTION. MAP TRAFFIC DOES NOT WARRANT THAT ITS SERVICES OR THIRD PARTY SERVICES OR ANY ONLINE SERVICES ARE SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, DISCONTINUATION OR ERRORS.
- Mutual Indemnity. Map Traffic and Client shall mutually indemnify and hold harmless each other and each other’s agents, consignees, employees and representatives from and against all losses, claims, demands, or causes of action of whatever kind, including negligence, breach of express or implied contract or warranty, failure to warn, res ipsa loquitur, strict liability and from and against all special, incidental, or consequential damages, whether direct or indirect, including lost profits, of every kind whatsoever arising out of, or in any way connected with, accidents, occurrences, injuries or losses to or of any person or property.
- Copyrights and Trademarks. Client represents to Map Traffic, and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Map Traffic 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, protect, and defend Map Traffic from any claim or suit arising from the use of such elements furnished by the Client.
- Governing Law; Jurisdiction and Venue. This Agreement shall be governed by, enforced and construed in accordance with the laws of the State of Minnesota without giving effect to any principles of conflict of law. All actions, proceedings and other disputes arising out of or in any way related to this Agreement shall be submitted to, and the parties agree hereby to the jurisdiction of the state and federal courts situated in St. Paul, MN (Ramsey County).
- Force Majeure. If Map Traffic is delayed, hindered or unable to perform its obligations herein or otherwise by reason of any cause beyond Map Traffic’s control, including, but not limited to, third party acts, strikes, acts of God, natural disasters, shortages of materials, rationing, utility and communication failures, casualty, war, terrorism, riot, insurrection, embargoes, or by reason of restrictions, rules, regulations or order of any governmental agency or subdivision thereof, then Map Traffics’ performance shall be excused for the period of the delay and shall be extended for a period sufficient to permit Map Traffic to recover, or at Map Traffics’ election, shall be excused entirely.
- Severability. If any provision of this Agreement shall be declared void or unenforceable by any judicial or administrative authority, the validity of any other provisions and of the entire Agreement shall not be affected thereby.
- Waiver of Default. Map Traffic shall have the absolute unconditional right to enforce any agreement, present or future, between Map Traffic and Client in strict accordance with written terms thereof, notwithstanding any prior conduct or custom of Map Traffic in refraining from doing so. Map Traffic may refrain from or postpone enforcement of any agreements without being deemed to have altered any written agreement between the parties.
- Modification. The terms of this Agreement may not be added to, modified, superseded or otherwise altered, nor may the terms thereof be waived except by writing signed by Map Traffics’ authorized representative.
- Entire Agreement. This Agreement shall constitute the entire agreement between the parties and supersedes all prior or contemporaneous proposals, agreements or communications, oral or written, with respect to the same subject matter.
- Legal Fees. If Client defaults, in addition to any other relief, Map Traffic shall be entitled to recover its reasonable attorneys’ fees (whether or not suit or arbitration is instituted) and court costs and other litigation costs, if any, incurred by Map Traffic to enforce this Agreement.
- Assignments. Neither Map Traffic nor Client may assign or transfer its rights or obligations without the written consent of the other.
- Chargeback Policy. We are grateful that fraudulent chargebacks are rare, but we take this issue seriously. Anyone who purchases any product or service from Map Traffic and then attempts to chargeback without first trying to remedy the situation is in violation of the Map Traffic Chargeback Policy. Fraudulent or unsubstantiated chargebacks may be turned over to a law enforcement or collection agency. The Client agrees that if they violate the Map Traffic Chargeback Policy, they will be responsible for all costs and fees associated with disputing the chargeback. These fees include, but are not limited to, attorneys’ fees, administrative and management time spent providing facts, research, and statements, merchant fees and collection fees. If the Client feels that they have attempted to resolve the situation in a reasonable manner yet have not been able to reach an agreement, the Client may contact the President of MapTraffic.net with the contact information provided below.President/CEO Map Traffic
1776 200th Street
Centuria, WI 54824
E-mail: [email protected]
Phone: 888-627-6271.
Updated: 4/16/2011
