Acceptance of Terms
By accessing or using the services provided by us, you agree to comply with and be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.
Disclosure
It is acknowledged that Google provides its Business Profile service to eligible businesses at no cost. Eligible businesses are at liberty to manage their own Google Business Profiles. It is to fulfill a need of those businesses that, for various reasons, prefer to outsource the management of their Google Business Profiles that we offer these paid services:
Services Provided
We offer Google Business Profile (hereinafter, "Profile") management services which include:
- Initial Profile optimization
- Monitoring for changes by Google to the Profile
- Routine updates to the Profile
- Posts including update posts, offer posts, or event posts published on the Profile
- Product listings published on the Profile
- Service listings published on the Profile
- Photos & videos uploaded to and published on the Profile
- Questions & Answers published on the Profile
Cancellations & Changes to Service Requests
It is mutually acknowledged: At the moment that a client submits a service request to us, we immediately allocate system resources to receiving the request and may begin─at any moment within our quoted turnaround time─to expend time and labor to evaluate the content that is in your Profile and/or that you have submitted to us. We may, at any moment after receiving a service request and within our quoted turnaround time, complete the service. Consequently, there is no moment in the service process at which we have not already incurred some degree of expense.
Moreover, the nature of the services we provide, generally involving the updating of information in Profiles within a limited turnaround time, is fundamentally incompatible with the concepts of impromptu alterations, retractions or cancellation: It is neither practical for us, in the course of performing such duties, to continuously monitor for sudden, incoming requests from clients to change or cancel their service requests nor in our best interest to allow for scenarios in which we are performing work for which we might not actually be paid.
Therefore, we will not honor unsolicited requests from clients to alter the details of, or cancel, service requests. The initial direction relayed to us by your service request is regarded as constituting your final consent for us to perform that service. Any information content initially contained within your service request is regarded as constituting your finally-approved content for addition or publication to or on your Profile, except in instances where we propose a modification to it for reasons outlined herein. A removal of, or change to, content that has already been added or published to or on a Profile must be effected through the submission of a new service request.
Our Responsibilities
Once you have invited us to be a Manager of your Profile by adding us to your account according to Google's procedure [See Google: How to add & remove owners & managers for your Business Profile (https://support.google.com/business/answer/3403100)], if we have accepted that role and you have requested any of our services, we are generally responsible for providing support to you, within the applicable scope of each specific service that we offer as described on our website, for helping you to ensure that your Profile is as complete as possible given the information that you provide to us and that the content that we add to or publish on your Profile on your behalf is compliant with the Google Business Profile Content policies and other relevant Google policies [See Google: All Business Profile policies & guidelines (https://support.google.com/business/answer/7667250)].
Within the context of our performance of any of our Profile-management services, we will act in good faith to help you maintain the integrity of your Profile and to enhance its content to maximize its effectiveness as a marketing tool. This will include our provision of recommendations to you, wherever we perceive a potential benefit to your business to do so, to modify your Profile's content with the aim of increasing the likelihood of its ranking higher in Google Search and Map results and being more attractive to customers, although we do not guarantee such results.
We will not modify the content of your Profile without your consent. If we believe that a modification to your existing content is appropriate or necessary, we will contact you by email to make that recommendation and await your written acceptance or rejection before making the change.
When you submit content to us to add or publish to or on your Profile (such as Optimization, a Post, a Product, a Photo or Video, or a Routine Update), unless we see cause for a change to that content, we will proceed to add or publish it as it is.
If, on the other hand, we detect a Google-compliance issue with your submitted content or see any other reason to modify it, we will email you to advise you of the reason and to ask your permission or denial to make any change before doing so. If you do not respond to us within 72 hours thereafter, we will interpret that as your consent to proceed to add or publish the content as it is, and we will do so, with the exception of any part of that content which we believe is not Google-compliant.
We will determine, based on our interpretation of Google's policies, what content is actually or potentially not Google-compliant, and we will not add or publish any such content to or on your Profile. If our determination is that the entirety of your submitted content, in any single instance, is not Google-compliant, and you do not respond to us with your permission to modify that content to make it compliant within the 72-hour timeframe mentioned in the preceding paragraph, then we will not add or publish it, but we will bill you 50% of our standard fee for the relevant requested service as compensation for our time and labor expended in evaluating the content.
Additionally, we reserve the right to refuse to add or publish to or on your profile any content that we perceive to be morally or ethically objectionable, which includes but is not limited to sexually-oriented content and content which is discriminatory with respect to race or gender: This characterizes several of Google's Business Identity Attributes, which we will not handle. If we refuse, on these grounds, to add or publish content that you have submitted to us in any instance, considering that our reason is based on our own subjective standards rather than any objective set of criteria, we will not bill you for our time and labor in evaluating that portion of the content which we refuse to add or publish on these grounds but we will proceed with and bill you for the adding or publishing of any remaining unobjectionable, Google-compliant content as usual if it can still reasonably be added or published after the exclusion of the refused content.
Your Responsibilities
You are responsible for providing the accurate and complete information that is necessary for us to perform our services effectively. You represent that you have the authority to provide such information and to request updates to the Profile of your business as the Owner of the Profile. As the Profile Owner, you invite us to perform the role of a Manager of the Profile within the scope of our specific services that you request.
As the Profile Owner, you are ultimately responsible for the compliance with Google's policies of the existing content in your Profile and content that we add or publish to or on your Profile with your consent. If Google rejects, in any instance, the content that we have added or published to or on your Profile with your consent, you will still pay us our standard fee for the service of having added or published that content and─if you wish to modify and re-submit that rejected content─you will submit a new and separately-billable service request to us to do so.
Limitation of Liability
In the event that we are unable to fulfill a service request within the timeframe that you require, whether due to technical difficulties on our side, including but not limited to system downtime, internet outages, or other unforeseen circumstances, or due to our normally-quoted turnaround time of 24-48 hours being longer than you desire in some instance, you will not hold us liable for any direct or incidental losses or damages incurred by you as a consequence of such delays. You acknowledge that you, as Profile Owner, have the same access to perform updates to the Profile as we do and are prepared to perform any task of managing the Profile that you deem urgent in the rare circumstances that we are unable to do so within the normal turnaround time that we quote.
Our obligation or liability in any instance that we are unable to perform a requested service (or unable to initiate a requested service for which our final action would require your approval) within our normally-quoted turnaround time of 24-48 hours will be limited to either:
A. Completing the service as originally requested as soon as we are able,
or, if that is infeasible because it involves a time-sensitive content update, then
B. not completing and not billing you for that specific service request.
Provided that we have obtained your consent, as characterized herein, for adding or publishing the content to your Profile before we do so, you will not hold us liable for any direct or incidental damages incurred by you as a consequence of the content that we have added or published. Moreover, under no circumstances will you hold us liable for any negative consequences that you incur in connection with content in your Profile that we did not put there.
You will not hold us responsible for delays associated with Google's review and approval process which may prevent content from appearing on the Profile immediately after we have added or published it.
Billing & Payment
You agree to pay all fees associated with the services rendered by us during a calendar month by the close of the 7th day (in your local time zone) of the following month. Fees are assessed according to the prices for standard services shown on our Service Pricing web page (https://linthic.com/gbpm/pricing.html) on the date that those services were requested, or based on fees that have been mutually agreed between us for any services not listed there. By default, at the end of each month in which you have used our services, we will email you an electronic invoice and/or a payment link to pay.
For an update service (i.e. a service involving the adding or publishing of content to or on the Profile, such as Optimization, a Post, a Product, a Photo or Video, or a Routine Update), the date that the service is considered to have been rendered for billing purposes is the earlier of either:
A. The date on which we add or publish the content to your Profile,
or, if we email you to propose a modification to that content (which depends on your approval or rejection), then
B. the date on which we email you to propose the modification and begin awaiting your response, provided that we do indeed add or publish the content in 24-48 hours, or within the otherwise mutually-agreed timeframe, after receiving your response.
You may make payment by credit or debit card or any other electronic payment method that our chosen payment processor currently accepts for our account.
Modifications to Services
We reserve the right to modify or discontinue any part of our services at any time without prior notice. We will notify you of significant changes we make to our services that may affect your use of our services.
Termination of Services
In accordance with Google's Business Profile Third-party Policies (https://support.google.com/business/answer/7353941), you may choose to terminate our role as Manager of your Profile and thereby regain exclusive control of your Profile. In that event, within 7 business days of our having received notice from you of this decision, we will relinquish and remove our permissions to Manage your account.
In actuality, either you or we may remove us as Manager from your Profile at any time by Google's stated procedure [See Google: How to add & remove owners & managers for your Business Profile (https://support.google.com/business/answer/3403100)].
The removal of us as Manager from your Profile will prevent us from being able to access your Profile in order to perform the services that we offer. If you decide to revoke our Managerial access to your Profile and do so at a time when there are any outstanding service requests that we are in the midst of fulfilling for you, although we will be unable to complete those services as a result of that action, in consideration of the fact that it will have been your decision and action, rather than ours, that will have prevented our completion of those services, you will still pay us 50% of our standard fees for those services as compensation for our time and labor expended in evaluating the content to which those service requests applied. Conversely, if we decide to remove ourselves from your Profile and do so at a time when any of your service requests are outstanding, we will not bill you for those services. Your obligation to pay us in accordance with these terms of service for any outstanding balance that you still owe us for services that we have completed will not be relieved by the removal of us as Manager from your profile.
Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New Mexico, United States of America. Any disputes arising from these terms shall be resolved in accordance therewith.
Contact Information
For any questions regarding these Terms of Service, please contact us via our Contact form (https://linthic.com/contact.html) on our website.