Terms and Conditions

1. Introduction: Local Bump, a Static Media Company, is a Utah LLC agrees to provide you, the advertiser with Local Bump advertising services. Subject to the advertisers compliance to the Terms and Conditions provided below. Please take the time to read the full Terms and Conditions carefully. As an advertiser agreeing to these Terms and Conditions, you agree t0 be comply for current and any future services provided by Local Bump. By  the term “Advertiser,”  we mean you, whether you are using the Advertising Services yourself, or whether you are securing the advertising services as agent for the actual advertiser. In the second case, you agree that you have authority to legally bind the advertiser you are representing.

2. Acceptance of Terms and Conditions: Advertiser verbally accepted a summary related to payment, term of service, and Local Bump’s cancellation policy, and/or expressly accepted these Terms and Conditions in response to an email with requirements of a signature noting acceptance.

In the event that the advertiser does not accept these Terms and Conditions within thirty (30) days of initial presentation of the offer of Terms and Conditions by Local Bump initially proposed shall be deemed withdrawn. Advertiser may thereafter again request Terms and Conditions , in response to which Local bump will present new pricing, terms, and conditions for Advertiser.

3. Three Day Cancellation: If, subsequent to advertisers verbal and written signature of the Terms and Conditions the advertiser does not agree to be legally bound by the Terms and Conditions, the Advertiser has the right to inform Local Bump within 3 business days of it’s initial order. The advertiser must e-mail Local Bump with the Name, E-mail, Address, and URL with the subject of the e-mail stating “Cancel Services”. Once the cancellation e-mail has been sent, there will be no further obligations by either party. The advertiser will be responsible for all costs of advertising services provided prior to the cancellation. If the 3 days has passed, the advertiser waives the right to cancel including automatically recurring payments and has read and understood the Terms and Conditions.

4.Payment: Advertiser agreed with the automatic withdraw of monthly payments in the following 2 methods.

  • Automatic withdraw from credit card
  • Automatic withdraw from checking account

Advertiser authorizes Local Bump, or Local Bump’s merchant services provider, to store Advertiser’s financial information for the purpose of facilitating payment to Local Bump.  It is  the Advertiser’s responsibility to notify Local Bump, in writing, if any changes or updates to Advertiser’s financial information, and Advertiser is solely responsible for its failure to do so.

All fees must be paid in United States dollars. All fees are due in accordance with the agreed upon fee schedule, or immediately upon Advertiser’s receipt of invoice,  if applicable. Advertiser agrees that any setup fees or one-time services payments are nonrefundable.

5. Late Payment: Payments made by automatic withdraw of the advertisers credit card or bank account are intended to avoid the inconvenience and cost to both parties of late or missed payments. However, it is Advertiser’s responsibility to ensure that Local Bump has the most up-to-date credit card or bank account information.

In the event of a declined payment authorized by Advertiser, and one or more payments are made later than the due date, such late payments are subject to a late fee equal to the greater of $25 or 6% of the total payment due, but not to exceed the maximum amount allowed by applicable law. In addition to late fees, Advertiser agrees to pay all attorneys fees and costs incurred by Local Bump for late payment collection efforts.

6. Reoccurring Payment Terms In the event that Advertiser wishes at any time to determine the contract term for any of the Terms and Conditions or any other information including the amount or anticipated date of any automatically recurring payment may call 800-894-7265.

IF BILLING IS TO INCLUDE AN AUTOMATICALLY RECURRING PAYMENT:

  • All payment for Advertising Services will be paid in advance on a monthly basis.
  • Following the current contract term for any particular Advertising Service, this Terms and Conditions agreement shall automatically renew for successive one-month terms on the yearly anniversary date of Advertiser’s initial acceptance of these Terms and Conditions.
  • Advertiser may cancel the automatically recurring payment, after the 12 month service is complete, including the Advertising Services associated therewith, by providing notice to Local Bump by emailing Advertiser’s name, business name, email address, phone number, physical address, and URL, to Local Bump. with “Cancel Service” in the subject line.  Provided such notice is received by Local Bump not later than 5:00 pm USA Mountain Time at least (3) three business days in advance of the date on which the next automatically recurring payment is scheduled to be made, then the next automatically recurring payment will be cancelled and the Advertising Services terminated at the end of the then-current term.
  • In the event such notice is received later than three (3) business days to the next automatically recurring payment, then the next automatically recurring payment will still be made as a final payment, the Services will continue through to the next month and then end.
  • No pro-rated refunds for partial terms or months will be provided.

 

7.   Early Termination Fee  In the event Advertiser chooses to terminate services prior to the end of the contract term, then Advertiser agrees to pay an early termination fee, the amount of which will be determined by the total number of months in which Advertiser has received and paid for the Services,  as follows:

If Advertiser received and paid for the Services for less than three (3) full months, then Advertiser will pay an early termination fee equal to one hundred percent (100%) of Advertiser’s total monthly service fee(s) for the Services being terminated.

If Advertiser received and paid for the Services for at least three (3) full months, but less than five (5) full months, then Advertiser will pay an early termination fee equal to fifty percent (50%) of Advertiser’s total monthly service fee(s) for the Advertising Services being terminated.

If Advertiser received and paid for the Services for five (5) full months or more, then Advertiser will pay an early termination fee equal to twenty-five percent (25%) of Advertiser’s total monthly service fee(s) for the Advertising Services being terminated.

The number of months will be determined from the actual date of Advertiser’s initial sign-up; from that date to the same calendar day of the following month will be one (1) month.

8. Changes Advertiser understands that Local Bump may modify its standard terms and conditions and service offerings from time to time and that Local Bump reserves the right to adjust the pricing of such services. The Advertiser is encouraged to enter a long-term contract or contracts to fix pricing, terms, and conditions.

9. Advertisers Website: The advertisers advertising website will be created by Local Bump for the sole purpose of creating new leads for the advertiser. Local Bump, however, cannot guarantee the creation of the advertisers website will in fact generate new leads. Local Bump will request the top 5 keywords the advertiser would like to be ranked for, if additional keywords are requested, an additional charge will be applied.

The ownership of the advertisers website is Local Bump’s for the duration of the terms of service. If the advertiser requests an early termination, following the early termination terms stated above, the advertisers website will remain under ownership of Local Bump. The advertiser can purchase the website from Local Bump,  only if the following are followed:

  • The Advertiser has completed a minimum of 6 months of Services term
  • The Advertiser has requested an early termination as stated in the “Early Termination Fee” section

10. Guarantee: Local Bump guarantees the advertisers created website will be ranked on the first page of major Search Engines such as Google, Yahoo, and Bing with in six (6) months of the start of the contract for one of the keywords chosen. If rankings do not achieve the first page of these Search Engines, the advertiser will receive free advertising services until the ranking is achieved. At which point, the advertiser will reinstate automatic withdraws on the regular schedule stated above in the “Payment” section.

11.Advertiser Warranty: Advertiser represents and warrants to Local Bump, that for and continuing throughout the term of this Agreement:

  • This Agreement constitutes a valid, binding, and enforceable agreement in accordance with its terms;
  • Advertiser is responsible for its own responsiveness to Local Bump and acknowledges that any lack of responsiveness could materially impact the effectiveness of the Services and Agreement
  • information or data that Advertiser provides for  Advertising Services will be both accurate and complete to the best of Advertiser’s knowledge
  • Advertiser’s website does not violate any applicable law or regulation; does not infringe in any manner any third party rights, including, without limitation copyright, patent, trademark, trade secret, or other intellectual property right or right of privacy or publicity.

12. Advertiser Covenants: Advertiser further agrees to perform as follows:

Advertiser will not hold Local Bump liable or responsible for the activity of new visitors who come to the Advertisers website through services provided by Local Bump. Advertiser also acknowledges they will not hold Local Bump liable for any errors in content, damages, costs, refunds of any kind from interruption or service or any loss of Internet. Also the advertiser will not hold Local Bump liable for the following: misspellings or miscommunications, they do not create any right to refund the Advertiser.

13. Choice of Law: This agreement shall be constructed in accordance with the laws in the State of Utah. The parties will agree that if any dispute arises concerning the services and this Agreement, the venue for trial will be exclusively in the a court in Salt Lake City County in the State of Utah.

14. Attorney’s Fees: In the event a dispute arises between the parties, whether or not a final decision is made by the court, shall be entitled to receive its attorneys’ fees reimbursed from the non-prevailing party.

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