Terms of Service
Effective Date: January 01, 2025
These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of a business or other entity, and Business eBoost (“Business eBoost,” “we,” “us,” or “our”).
These Terms govern your access to and use of BusinessEboost.com, our payment pages, client portals, software, websites, communications, and all products and services provided by Business eBoost.
By accessing our website, submitting a payment, accepting a proposal, approving work, creating an account, or using our services, you acknowledge that you have read, understood, and agreed to these Terms.
If you are accepting these Terms on behalf of a company or other organization, you represent that you have authority to bind that organization.
1. Eligibility and Authority
You must be at least 18 years old and legally capable of entering into a binding agreement to purchase or use our services.
When acting on behalf of a business, you represent that you are authorized to approve services, provide materials, make payment arrangements, and enter into agreements for that business.
2. Services
Business eBoost provides digital marketing, advertising, technology, and business-support services. Depending on the applicable proposal, invoice, order, or service plan, these services may include:
- Website design, development, maintenance, and hosting
- Search engine optimization
- Local search and business profile optimization
- Paid search and digital advertising
- Social media marketing and content creation
- Lead generation and lead-capture systems
- Reputation and review-management services
- Video production and video marketing
- Connected television and streaming advertising
- Call tracking and communication systems
- Email and text-message marketing
- Customer relationship management systems
- Artificial intelligence assistants and automation
- Software, plugins, dashboards, and related technology services
- Consulting, strategy, creative services, and campaign management
The exact scope, pricing, schedule, and deliverables for a particular engagement may be described in a proposal, invoice, service agreement, email, order form, checkout page, or other written communication.
If a separate written agreement conflicts with these Terms, the more specific written agreement will control for that engagement.
3. Proposals, Estimates, and Scope of Work
Proposals and estimates are based on the information available when they are prepared.
Requests that materially change the agreed scope may require additional fees, revised deadlines, or a separate proposal. Examples include substantial redesigns, additional pages, new functionality, expanded targeting areas, additional advertising platforms, or repeated revisions beyond those included in the original agreement.
Business eBoost will not be obligated to perform work outside the agreed scope unless the additional work and applicable fees are approved.
4. Client Responsibilities
You agree to provide accurate information, timely feedback, necessary approvals, account access, photographs, logos, text, legal disclosures, and other materials reasonably required to complete the services.
You are responsible for:
- Reviewing and approving content, designs, advertisements, websites, and campaigns
- Verifying the accuracy of business information, prices, claims, offers, licenses, and disclosures
- Maintaining any licenses, certifications, permits, and insurance required for your business
- Responding promptly to leads, inquiries, reviews, and customer communications
- Keeping login credentials and account access secure
- Informing us promptly of unauthorized access or suspected security issues
- Complying with laws and industry rules applicable to your business
Delays in providing content, approvals, access, or feedback may delay delivery dates and campaign launches.
5. Client Content and Permissions
“Client Content” means any text, images, logos, videos, trademarks, customer lists, testimonials, account information, advertisements, or other materials you provide or authorize us to use.
You retain ownership of your Client Content.
You grant Business eBoost a nonexclusive, worldwide, royalty-free license to use, reproduce, modify, format, display, distribute, and publish Client Content solely as reasonably necessary to provide, maintain, advertise, or demonstrate the contracted services.
You represent and warrant that:
- You own the Client Content or have permission to use it
- Its use will not violate intellectual-property, privacy, publicity, contractual, or other rights
- It is accurate and not misleading
- It complies with applicable laws and advertising standards
You are responsible for claims arising from Client Content you provide or approve.
6. Business eBoost Materials and Intellectual Property
Unless otherwise agreed in writing, Business eBoost retains ownership of its preexisting materials, systems, templates, frameworks, software, source code, plugins, processes, methods, documentation, reusable components, marketing strategies, and internal tools.
Upon full payment, you may receive the right to use final deliverables specifically created for you, subject to:
- Any third-party licenses
- Any platform restrictions
- Business eBoost’s ownership of reusable or preexisting components
- Any ownership terms contained in the applicable proposal or agreement
Unpaid drafts, concepts, designs, code, campaigns, and deliverables remain the property of Business eBoost and may not be used.
7. Third-Party Platforms and Services
Our services may depend on third-party providers, including website hosts, domain registrars, social networks, search engines, advertising networks, payment processors, email providers, text-message providers, analytics platforms, artificial intelligence providers, and software vendors.
These providers operate under their own terms, privacy policies, fees, rules, algorithms, and availability.
Business eBoost does not control and is not responsible for:
- Platform outages or service interruptions
- Changes in third-party pricing or policies
- Account suspensions, restrictions, or closures
- Search-engine or social-media algorithm changes
- Advertising rejections or platform enforcement decisions
- Data loss or security incidents caused by third parties
- Removal, suspension, or modification of third-party features
You may be required to maintain your own third-party accounts and pay third-party fees directly.
8. Fees and Payment
You agree to pay all fees stated in the applicable proposal, invoice, checkout page, subscription, order, or other written agreement.
Fees may include:
- One-time setup or development fees
- Monthly or annual service fees
- Advertising budgets
- Hosting or maintenance fees
- Software or licensing fees
- Domain registration or renewal fees
- Usage-based charges
- Third-party expenses approved by you
Unless otherwise stated, payments are due in advance or upon receipt of the invoice.
Business eBoost may pause work, suspend services, remove access, or withhold deliverables when an account is overdue.
You are responsible for applicable taxes, excluding taxes based solely on Business eBoost’s income.
9. Credit Card Authorization and Card Profile
By submitting a payment through BusinessEboost.com, you authorize Business eBoost to process the payment amount shown or entered on the checkout page.
You also agree that Authorize.net may securely create and retain a customer payment profile associated with your card for future authorized transactions, including recurring, automated, or card-on-file payments.
Business eBoost does not store your full credit card number or card security code on its servers.
A stored payment profile does not authorize Business eBoost to make unrelated or unauthorized charges. Future charges must be connected to services, invoices, subscriptions, renewals, payment arrangements, or other transactions you have authorized.
10. Recurring and Automatic Payments
When you purchase a recurring service or authorize an automatic payment arrangement, you authorize Business eBoost to charge the payment method associated with your account for:
- Recurring monthly or annual service fees
- Approved advertising or campaign expenses
- Hosting, maintenance, software, or licensing renewals
- Approved installment payments
- Other charges described in the applicable agreement or invoice
Recurring charges may continue until the service is canceled in accordance with these Terms or the applicable service agreement.
You are responsible for keeping your billing and contact information current.
If a payment fails, Business eBoost may retry the payment, request an alternative payment method, suspend the service, or terminate the service.
11. Cancellations
Unless a different cancellation policy appears in a proposal or agreement, recurring services may be canceled by providing at least 30 days’ written notice.
Cancellation prevents future renewal charges after the applicable notice period. It does not retroactively cancel completed work, advertising already purchased, third-party expenses, current billing periods, or charges already incurred.
Ending a service may result in the removal or loss of access to hosting, software, dashboards, telephone numbers, tracking systems, automations, licensed content, or other resources supplied as part of the service.
12. Refunds
Because Business eBoost provides professional services, custom work, reserved labor, digital deliverables, advertising placement, and third-party services, payments are generally nonrefundable once work has begun or expenses have been incurred.
Refunds, credits, or partial refunds may be issued when:
- Required by applicable law
- Expressly promised in a written guarantee
- Stated in a specific proposal, offer, or service agreement
- Approved by Business eBoost in writing
Advertising spend, domain fees, hosting fees, software fees, payment-processing charges, and other third-party expenses are generally nonrefundable.
Any satisfaction guarantee applies only according to the written terms of that particular offer.
13. Chargebacks and Payment Disputes
Before initiating a chargeback or payment dispute, you agree to contact Business eBoost and provide a reasonable opportunity to investigate and resolve the matter.
A chargeback does not cancel amounts legitimately owed under an agreement.
Business eBoost may suspend services, hosting, licenses, account access, campaigns, or deliverables while a payment dispute is pending.
We reserve the right to submit proposals, invoices, approvals, communications, login records, payment authorizations, work history, and other relevant documentation to the payment processor or financial institution reviewing the dispute.
14. Website Creation, Domain Ownership, and Yearly Domain Lease Fee
Website Creation and Domain Ownership. When you hire Business eBoost to create a website for you or your company, ownership of the domain name depends on who registers and purchases it.
If you register and purchase the domain name through an account that you own and control, the domain name belongs to you or your company. Business eBoost may assist with setup, configuration, connection, or management of the domain, but such assistance does not give Business eBoost ownership of a domain that you registered and purchased.
If Business eBoost registers or purchases the domain name that will be used for your website or business, you expressly agree that Business eBoost owns the domain name and all rights associated with it. Your payment for website creation, hosting, marketing, maintenance, or other services does not transfer ownership of the domain name to you.
You are granted permission to use the Business eBoost-owned domain name for your business only while the applicable business relationship, website service, hosting service, or domain lease remains active and in good standing.
If the business relationship is canceled, terminated, severed, or otherwise ends for any reason, you agree that Business eBoost will continue to own the domain name. You will have no automatic right to take possession of, transfer, control, sell, redirect, or otherwise claim ownership of the domain name.
At its sole discretion, Business eBoost may choose to sell or transfer the domain name to you or your company for an amount and under terms agreed upon in writing. Business eBoost is not obligated to sell or transfer the domain name.
Yearly Domain Lease Fee. When your business uses a domain name owned by Business eBoost, Business eBoost may charge you a yearly domain lease fee in connection with the continued use, renewal, management, and maintenance of that domain name.
Payment of the yearly domain lease fee allows you to continue using the domain name for your business during the applicable lease period. Payment of that fee does not create or transfer any ownership interest in the domain name.
The domain name, including any associated .com or other domain extension, continues to be owned by Business eBoost. You are leasing only the right to use the domain name while your account and applicable services remain active and paid.
If the yearly domain lease fee is not paid when due, or if the business relationship ends, Business eBoost may discontinue your use of the domain name, redirect it, hold it, use it, lease it to another party, or otherwise exercise its ownership rights.
If Business eBoost later decides to sell or transfer the domain name to you or your company, the purchase price and transfer terms must be agreed upon separately in writing before any ownership transfer occurs.
Domain availability cannot be guaranteed until registration is successfully completed by Business eBoost or by you through your own registrar account.
15. Website Hosting, Maintenance, and Security
When hosting or maintenance is included, Business eBoost will use commercially reasonable efforts to maintain the applicable service.
No website, server, network, or software system can be guaranteed to be uninterrupted, error-free, or completely secure.
Unless expressly included in your plan, you remain responsible for:
- Maintaining independent backups
- Renewing third-party licenses
- Updating business information
- Maintaining legal policies and required disclosures
- Protecting account credentials
- Reviewing your website for accuracy and compliance
Business eBoost may temporarily suspend access when reasonably necessary for maintenance, security, nonpayment, legal compliance, or protection of systems and users.
16. Advertising and Marketing Results
Marketing outcomes depend on many factors outside Business eBoost’s control, including market conditions, competition, pricing, reputation, demand, sales processes, platform algorithms, advertising budgets, customer behavior, and your responsiveness to leads.
Business eBoost does not guarantee:
- A specific number of calls, leads, customers, sales, or appointments
- A particular search-engine ranking
- Approval by an advertising or social-media platform
- A particular cost per lead or return on investment
- That content will become viral
- That reviews, followers, traffic, or engagement will increase by a specific amount
Any projections, examples, case studies, reach estimates, or previous results are illustrative and are not guarantees of future performance.
17. Search Engine Optimization
Search-engine rankings fluctuate and are controlled by third-party search engines.
Business eBoost may recommend and implement strategies intended to improve visibility, but no specific ranking position or duration can be guaranteed.
You acknowledge that rankings can change because of algorithm updates, competitor activity, website changes, penalties, technical issues, and other factors outside our control.
18. Paid Advertising
Advertising budgets and platform charges are separate from management fees unless expressly stated otherwise.
You authorize Business eBoost to create, manage, modify, pause, and optimize advertisements within the agreed scope.
Advertising platforms may reject, restrict, suspend, or remove campaigns or accounts at their discretion. Business eBoost is not responsible for platform decisions outside its control.
You are responsible for ensuring that your products, services, offers, claims, licenses, landing pages, and fulfillment practices comply with applicable law and advertising-platform policies.
19. Leads and Customer Information
Leads generated through marketing campaigns may be delivered through email, telephone, text message, forms, dashboards, customer relationship management systems, or other tools.
You are responsible for:
- Following up with leads lawfully
- Honoring opt-out and do-not-contact requests
- Protecting lead and customer information
- Using information only for legitimate business purposes
- Complying with applicable privacy, telemarketing, email, and text-message laws
Business eBoost does not guarantee that every lead will be qualified, accurate, exclusive, responsive, or converted into a customer.
20. Text Message and Email Marketing
When you use text-message or email marketing services, you represent that you have all permissions and legal grounds required to contact the recipients.
You are responsible for your contact lists, messages, offers, disclosures, consent records, and opt-out procedures.
Recipients may incur message and data rates. Where applicable, recipients may reply STOP to opt out and HELP for assistance.
You agree not to use our services to send unlawful, deceptive, abusive, harassing, or unauthorized communications.
21. Artificial Intelligence and Automated Services
Some services may use artificial intelligence, automated workflows, chatbots, voice assistants, content-generation tools, or third-party AI systems.
AI-generated information may occasionally be incomplete, inaccurate, or inappropriate. You are responsible for reviewing and approving material before publishing or relying upon it.
AI assistants must not be treated as substitutes for legal, medical, financial, emergency, or other licensed professional advice.
Business eBoost does not guarantee that automated systems will correctly understand or respond to every caller, visitor, message, or request.
22. Portfolio and Promotional Use
Unless you request otherwise in writing, you grant Business eBoost permission to identify you as a client and display publicly available examples of completed work in our portfolio, presentations, proposals, social-media accounts, case studies, and promotional materials.
We will not publicly disclose confidential financial information, passwords, private customer lists, or other sensitive nonpublic information without permission.
23. Confidentiality
Each party may receive nonpublic information belonging to the other party.
Each party agrees to use reasonable care to protect confidential information and to use it only for purposes connected with the business relationship.
Confidential information does not include information that:
- Is publicly available through no breach of these Terms
- Was already lawfully known to the receiving party
- Is independently developed without use of the confidential information
- Is received lawfully from another source
- Must be disclosed by law or valid legal process
24. Acceptable Use
You may not use our website, software, services, or systems to:
- Violate any law or regulation
- Commit fraud or impersonate another person or business
- Infringe intellectual-property or privacy rights
- Distribute malware or harmful code
- Interfere with system security or availability
- Gain unauthorized access to accounts or data
- Send unlawful spam or unauthorized communications
- Promote illegal products, services, or activities
- Engage in deceptive, abusive, threatening, or harassing conduct
We may suspend or terminate services associated with prohibited activity.
25. Account Security
You are responsible for safeguarding usernames, passwords, verification codes, API credentials, payment access, and other account information.
You agree to notify Business eBoost promptly if you believe an account has been compromised.
We may require password resets, identity verification, multifactor authentication, or other reasonable security measures.
26. Suspension and Termination
Business eBoost may suspend or terminate services when reasonably necessary because of:
- Nonpayment
- Material breach of these Terms
- Illegal or prohibited activity
- Security concerns
- Abuse of systems or personnel
- Third-party platform requirements
- Conduct that exposes Business eBoost or others to liability
- Failure to cooperate or provide required materials
- Discontinuation of a service
Termination does not eliminate obligations or charges incurred before termination.
Sections concerning payment, ownership, confidentiality, disclaimers, indemnification, liability, dispute resolution, and other provisions intended by their nature to survive will remain effective.
27. Disclaimer of Warranties
To the fullest extent permitted by law, the website and services are provided on an “as is” and “as available” basis.
Business eBoost disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, noninfringement, uninterrupted availability, and error-free operation.
Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.
28. Limitation of Liability
To the fullest extent permitted by law, Business eBoost and its owners, employees, contractors, suppliers, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost revenue, lost data, lost opportunities, business interruption, or reputational harm.
To the fullest extent permitted by law, the total aggregate liability of Business eBoost arising from a service or these Terms will not exceed the amount you paid to Business eBoost for the specific service giving rise to the claim during the six months immediately preceding the event giving rise to liability.
These limitations do not apply where prohibited by law.
29. Indemnification
You agree to defend, indemnify, and hold harmless Business eBoost and its owners, employees, contractors, and service providers from claims, damages, liabilities, losses, judgments, costs, and reasonable attorneys’ fees arising from:
- Your business, products, or services
- Client Content you provide or approve
- Your violation of law
- Your violation of these Terms
- Your misuse of the services
- Claims, advertisements, offers, or representations approved by you
- Your communications with leads, customers, or third parties
- Your infringement of another party’s rights
30. Force Majeure
Business eBoost will not be liable for delay or failure caused by events beyond its reasonable control, including natural disasters, severe weather, fire, war, terrorism, civil unrest, labor disputes, government action, public-health emergencies, utility failures, internet outages, cyberattacks, platform outages, supplier failures, or failures of third-party services.
31. Governing Law and Venue
These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law principles.
Subject to any enforceable arbitration provision in a separate agreement, disputes arising from these Terms or the services will be brought in the applicable state or federal courts located in or serving Yuma County, Arizona.
Each party consents to personal jurisdiction and venue in those courts.
32. Informal Dispute Resolution
Before filing a lawsuit, each party agrees to provide written notice describing the dispute and to allow at least 30 days for a good-faith attempt to resolve it.
This requirement does not prevent either party from seeking immediate injunctive relief when necessary to protect intellectual property, confidential information, security, or systems.
33. Changes to These Terms
Business eBoost may revise these Terms periodically.
Updated Terms will be posted on this page with a revised effective date. Changes will apply prospectively unless otherwise required by law.
Your continued use of the website or services after updated Terms become effective constitutes acceptance of the revised Terms.
Material changes affecting an active recurring service may also be communicated by email, invoice, account notice, or another reasonable method.
34. Assignment
You may not assign your rights or obligations under these Terms without prior written consent from Business eBoost.
Business eBoost may assign these Terms in connection with a merger, acquisition, restructuring, sale of assets, or transfer of the applicable business or service.
35. Severability
If any provision of these Terms is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in effect.
36. Waiver
Failure to enforce a provision of these Terms does not waive the right to enforce it later.
A waiver is effective only when made in writing by an authorized representative.
37. Entire Agreement
These Terms, together with the applicable proposal, invoice, order form, service agreement, Privacy Policy, and other incorporated policies, constitute the entire agreement concerning the applicable website or services.
They replace prior discussions or understandings regarding the same subject matter.
38. Electronic Communications and Signatures
You consent to receive agreements, invoices, notices, receipts, approvals, and other communications electronically.
Electronic acceptance, typed names, checkbox approvals, payment submissions, email approvals, and electronic signatures may have the same legal effect as handwritten signatures to the extent permitted by law.
39. Contact Information
Business eBoost
1817 S. Naples Avenue
Yuma, Arizona 85364
Phone: (928) 723-4448
Website: BusinessEboost.com
Contact Us
Business eBoost
1817 S. Naples Ave, Yuma, AZ, 85364
Call Us: (928) 723-4448
www.businesseboost.com
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