Your access to and use of this site, and all services provided by Boston Web Group, Inc. (“Company,” “BWG,” “we,” or “us”), is subject to the following terms and conditions and all applicable laws. By accessing and using this site or engaging our services, you accept these Terms and Conditions without limitation or qualification.
SERVICES
Boston Web Group, Inc. provides digital marketing, web development, consulting, hosting, support, and related services (the “Services”) as outlined in individual agreements, proposals, statements of work (“SOW”), or work orders.
Services are limited to those expressly defined in writing. Any additional services not covered in a signed SOW or proposal require a separate written agreement. Engagement with BWG through this website, digital work orders, or project creation constitutes acceptance of this Agreement.
NO GUARANTEE OF RESULTS
Company does not guarantee any specific results, including but not limited to search rankings, website traffic, engagement, conversions, revenue, or return on investment (ROI). Client acknowledges that digital marketing outcomes are inherently uncertain and dependent on factors outside of Company’s control, including but not limited to third-party platform changes, algorithm updates, market conditions, and competitor activity.
STANDARD OF CARE
Company agrees to perform Services in a commercially reasonable manner consistent with generally accepted industry standards. Except as expressly stated in writing, no other warranties, express or implied, are provided. This site and its contents are provided “as is” and Company makes no representation or warranty of any kind with respect to this site or any site accessible through this site. Company expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
CLIENT RESPONSIBILITIES
Client agrees to provide accurate, complete, and lawful content, materials, and assets; respond to requests, approvals, and communications in a timely manner; maintain legal ownership or licensed rights to all submitted content; and provide necessary access credentials, logins, and resources required to perform Services.
Client is solely responsible for the legality, accuracy, and regulatory compliance of all advertising, claims, and content, and for compliance with applicable laws including FTC guidelines, copyright law, and data privacy regulations including GDPR and CCPA where applicable. Delays caused by Client may impact timelines, deliverables, and outcomes. Client’s failure to furnish needed resources does not constitute grounds for a refund or credit.
THIRD-PARTY SERVICES AND PLATFORMS
Company is not responsible for the performance, availability, policies, pricing, or actions of third-party services, including but not limited to Google, Meta, Microsoft, other advertising platforms, hosting providers, plugins, APIs, or software tools. Changes, outages, policy updates, account suspensions, or restrictions imposed by third parties may affect deliverables and results, and are outside Company’s control. Company shall have no liability arising from third-party platform decisions.
INTELLECTUAL PROPERTY
All deliverables, materials, and creative works developed by Company for Client under this agreement, including but not limited to websites, graphics, written content, code, marketing assets, and digital collateral (“Work Product”), shall be considered works made for hire as defined by the United States Copyright Act. Upon full payment of all fees, Client shall be deemed the sole and exclusive owner of all rights, title, and interest in the Work Product.
Company retains ownership of all pre-existing materials, proprietary processes, frameworks, methodologies, and code libraries. BWG may retain archival copies solely for internal records or as required by law. The “W” Logo is a registered trademark of Boston Web Group, Inc. and cannot be used without express written permission.
The contents of this site, including text, images, HTML code, buttons, audio, and video, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without prior written consent of Boston Web Group, Inc., except for one copy downloaded solely for personal, non-commercial use provided no modification is made and all proprietary notices are kept intact.
FEES, PAYMENT, AND BILLING
Client agrees to pay Company the fees set forth in the applicable SOW, proposal, or invoice. As a customer, you authorize Company to hold, receive, and disburse funds on your behalf, and to generate a paper draft or electronic funds transfer to process each payment transaction.
All services require 30-day written notice for cancellation. ACH payments may take up to 5 business days to process; work will not begin until payment clears. Payments are non-refundable seven (7) days after receipt, for any reason. Monthly fees are billed on the anniversary date of service setup. Failure to pay may result in suspension of Services without liability to Company.
All bank information is encrypted and submitted directly to the merchant processor. The system does not store bank information in the client portal. If Company is unable to collect payment, Company may pursue all available remedies, including immediate cancellation of services without notice.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
In no event shall Company be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities; business interruption; reputational harm; or losses arising from hacking, unauthorized access, or data breaches, without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise.
INDEMNIFICATION
Client agrees to indemnify, defend, and hold harmless Company and its employees, directors, agents, affiliates, and representatives from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses including reasonable attorneys’ fees arising out of or relating to any actual or alleged breach of Client’s representations, warranties, or obligations under this Agreement; Client-provided content, materials, or advertising claims; violations of applicable law or third-party rights, including intellectual property, privacy, and publicity rights; misuse of Services or unauthorized use of access credentials; and ADA compliance issues related to Client-controlled content or decisions. This indemnification includes claims related to advertising content, regulatory compliance, email spoofing, and intellectual property infringement.
SECURITY AND DATA DISCLAIMER
While Company implements commercially reasonable security measures, it does not guarantee that systems or services will be free from cyber threats, unauthorized access, viruses, or data breaches. Company shall not be liable for damages resulting from security incidents outside its reasonable control, including hosting failures, third-party service vulnerabilities, or client-side security issues.
FORCE MAJEURE
Company shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to internet outages, cyber incidents, third-party service failures, acts of God, natural disasters, government restrictions, or other circumstances beyond Company’s reasonable control.
LIMITATION PERIOD
Any claim arising out of or related to the Services must be brought within one (1) year from the date the cause of action arises, or it shall be permanently barred, to the fullest extent permitted by applicable law.
TERMINATION
Either party may terminate Services with written notice as defined in the applicable SOW. All services require a minimum of 30 days’ written notice for cancellation. Client remains responsible for all fees incurred prior to the effective termination date. Failure to provide adequate notice may result in continued billing for the notice period.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without reference to its choice of law rules. Any disputes shall be resolved by binding arbitration and/or according to the laws of the State of Massachusetts. You agree that any legal proceedings shall be conducted in Massachusetts. Company reserves the right to choose the jurisdiction for any action brought against Company.
COMMUNICATIONS CONSENT
By engaging Company, you agree to allow Boston Web Group, Inc. to contact you via phone, text, email, SMS, AI-assisted communications, or other methods using contact information you have provided. You may opt out of non-essential communications at any time by contacting us in writing.
UNSOLICITED IDEA SUBMISSIONS
Company does not accept unauthorized idea submissions outside of established business relationships. Any ideas disclosed to Company outside a pre-existing and documented confidential business relationship are not confidential. Company may develop, use, and disclose similar ideas without compensating you. Unless otherwise stated, all information submitted through this site shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit any information you provide and agree that you will not submit any information unless you are legally entitled to do so.
ENTIRE AGREEMENT AND MODIFICATIONS
These Terms and Conditions, together with any applicable SOW, proposal, or work order, constitute the entire agreement between the parties and supersede all prior understandings, representations, or agreements. All terms of any sale are contained in the applicable quote and may only be modified in writing by mutual agreement. Company may change or amend any section of these Terms at any time without notice. Continued use of Services following any changes constitutes acceptance of revised Terms.
ACCEPTANCE OF TERMS
You signify your acceptance of all terms and conditions herein by signing up with Boston Web Group, Inc., using its services, or accessing this website. Upon signing up digitally and engaging with Company by creating work orders and projects, you are accepting the terms of this Agreement.
Boston Web Group, Inc. | 855-355-SITE | bostonwebgroup.com
The “W” Logo is a registered trademark of Boston Web Group, Inc.