Terms and Conditions

Our Policies

Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS. The following are terms of a legal agreement between you and Boostability. By accessing, browsing and/or using this site (“Site”), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Use of Sites

Your right to make use of our websites, and services is subject to your compliance with our Terms of Use. The content on Boostability websites may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Boostability.

Prohibited Uses

You agree not to use this site or its Content for any illegal or unauthorized activity. You agree that you will not use any device, software, or other technology to interfere or attempt to interfere with the proper working of this site. You agree not to use this site or its Content for any commercial purposes. You agree not to crawl, spider, scrape, or otherwise deploy automated agents or other technology to collect, harvest, mine, or otherwise interact with this site, unless you a) uniquely identify your technology by means of the user-agent field in every request header, b) provide a clear point of contact for the operation of those systems and c) follow standard robots.txt and other standard crawler-management policies. You agree that we can, at our sole discretion, prohibit such automated activities.

Trademarks

The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Boostability and others.

Privacy Notice

Your privacy is important to us. All information gathered by us from you in connection with your use of this site is subject to the provisions in our Privacy Statement. We do not control, nor are we responsible for, the privacy practices of those sites to which we link and, therefore, you agree to read the privacy policies of those sites.

We partner with other SMB providers to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

Email Policy

If you provide Boostability with your email address, you may be contacted for marketing and campaign update purposes. When you become a Boostability customer, you will be subscribed to our automated campaign update emails. If at any time you do not wish to receive e-mail from Boostability in the future, you may unsubscribe.

In order to unsubscribe from a mailing list, you may choose any of the following options:

  • Follow the unsubscribe link found at the bottom of the email you've received.
  • Contact your account manager or our customer service and ask to be unsubscribed from automated marketing and/or campaign update emails.
  • Remove yourself from Boostability's automated campaign update emails by visiting our unsubscribe page. We will promptly update your preferences for this email address.

Please be aware that if you are a Boostability customer, an account manager may continue to manually contact you via email for administrative or informational purposes, including follow-up messages regarding business transactions between Boostability and yourself. By law, such messages are not considered to be commercial e-mail.

External Links

Boostability websites contain links to external, third party web sites along with relevant commentary to provide our visitors with information and content they are looking for.

By providing links to other sites, Boostability does not guarantee, approve or endorse the services or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Boostability website in question.

Boostability does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

You assume complete responsibility and risk in their use of any external sites. You should direct any concerns regarding any external link to its site administrator.

Payment Terms

  • A valid credit card is required to open an account on Boostability.com.
  • The service is billed on a monthly basis in advance and is non-refundable. There will be no credits or refunds for partial months of service, or months unused with an open account.
  • If you subscribe to any of the paid portions of the Services, you understand that once you have become a Subscriber, your subscription will be automatically renewed and your credit card will be charged based on the subscription program (e.g., annual, monthly, etc.) you have chosen.
  • Payment is due on the defined recurring billing date. Service will be interrupted on accounts that reach 10 days past due.

Contract Terms

Search Engines ultimately choose which rankings are assigned to websites. While our practices have historically given our customers higher search rankings, no SEO provider including Boostability can guarantee rankings on search engines.

Termination, Cancellation, and Reactivation

CANCELLATION REQUESTS ARE ACCEPTED BY WRITTEN NOTIFICATION ONLY, VIA EMAIL OR BY MAILING A HARD COPY TO BOOSTABILITY. CANCELLATIONS ARE RECOGNIZED ONLY UPON BOOSTABILITY'S RECEIPT OF THE REQUEST. CANCELLATIONS REQUESTED OVER THE PHONE ARE ONLY ACCEPTED WHEN ACCOMPANIED BY A WRITTEN CANCELLATION NOTICE, WHICH MUST INCLUDE YOUR NAME, BUSINESS NAME, EMAIL ADDRESS, PHYSICAL OR MAILING ADDRESS, AND DOMAIN NAME. YOU HAVE READ AND UNDERSTOOD THESE CANCELLATION PROCEDURES AND YOU AGREE TO BE BOUND BY THEM.

  • You are solely responsible for canceling your account by notifying your Boostability Account Manager in writing.
  • Cancellation requests must be received at least ten (10) days before the account or product's next renewal date.
  • Upon cancellation, all of your data and stored information will be deleted immediately and cannot be restored.
  • If you cancel the service before the end of your current paid month, your cancellation will take effect immediately and you will not be charged again.
  • Boostability, at its sole discretion, reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and immediate archival or deletion of all data in your account. Boostability reserves the right to refuse service to anyone in its sole and absolute discretion.
  • In the event you choose to terminate services prior to completion of the contract term, Advertiser agrees to pay an early termination fee equal to the greater of 50% of any remaining amount to be paid or one (1) full month's fee. In the event collection proves necessary, the Advertiser agrees to pay all fees (including all attorney's fees and court costs) incurred by that process.
  • In the event that Boostability has built your website for you, you can transfer your domain name and website HTML to another service provider for $199, once you have completed the full term of your contract. All images and text on the site will remain the property of the Advertiser, but Boostability will retain ownership of the files and code on the site since these are proprietary to the website platform.
  • The Boost Site Custom Website product may be reactivated (meaning the site will be published again onto the chosen domain) for no additional cost, unless the domain subscription for the website has expired. If the domain subscription has expired, a reactivation fee of $200.00 will apply. Repurchase of a domain may be accomodated up to 30 days after the domain subscription expires (or a year and thirty days from the purchase of the original subscription). After the 30 day grace period, all website files will be retired and past clients desiring a website will need to order a new website. Once a customer's domain has been allowed to expire, it may not be possible to obtain that exact domain again, in which case the purchase of a new domain must be arranged.
  • A three day right of rescission applies to every client. This means that all clients may elect to cancel their account(s) without penalty within 3 days of the moment they pay for our products or services. All cancellation requests must be provided in writing.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW: SERVICES AND CONTENT ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT. WE MAKE NO WARRANTY THAT: (i) THE FUNCTIONS OF AND SERVICES PROVIDED IN THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR- FREE; (ii) DEFECTS WILL BE CORRECTED; OR (iii) THIS SITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY REGARDING THE ACCURACY, VERACITY, INTEGRITY OR QUALITY OF THE CONTENT, SITES OR RESOURCES MADE AVAILABLE ON OR FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT SUCH CONTENT, SITES OR RESOURCES WILL BE FREE OF MATERIAL THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES FOR ANY USE OF THIS SITE, OR USE OF ANY OTHER LINKED SITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE AT YOUR OWN DISCRETION.


BoostSocial Terms and Conditions

BoostSocial Customer requirements

The customer must have or create a Facebook page in order to participate in the BoostSocial product. The customer must have or create all included social accounts that they would like utilized as part of the BoostSocial product. The customer must grant Boostability access to their Facebook page in order for page optimization and ads to be performed/created. The customer must grant Boostability access to post on their behalf through our “My Market Info” app.

Page Optimization

Boostability will not held responsible for any data lost during page/account optimization. Boostability will not optimize pages/accounts that are not in compliance with Facebook’s & Twitters page/account rules and regulations.

Social Network Page/Account Access Lost

Boostability will attempt to contact the customer through email and /or phone in an attempt to remedy lost access to the customers Facebook page (Business Manager) and/or App access. The following actions will take place in response to access lost.

  • Facebook (Business Manager) Access Lost: Any pending page optimizations will not take place until access is granted. Ad spend will not be allocated towards ads if access is lost for more than one billing cycle
  • App Access Lost: Customer’s curated posts will be placed under the failed post section on their social reporting dashboard but will not be posted until access is granted.
  • Granting and maintaining Facebook and/or App access to Boostability is ultimately the customer’s responsibility.

Posting Attempts

If a post fails to publish on a customer’s social account, Boostability will make one additional attempt to publish a post. If failure to post occurs on the 2nd try, the post will be unscheduled and made available to the customer so they may post at their convenience.

Post Previews

Posts are made available for the customer to review on the customer’s reporting dashboard and are shown in a rolling two week period. Facebook access, time zone, and business industry preferences must be selected before curated posts will generated on the customer reporting dashboard. Posts will appear on the customers reporting dashboard within 1-2 business days once the customer network access and posting preferences have been set. The customer will have a minimum of 24 hours to review, reschedule, delete, or modify their scheduled posts prior to them being published on their authorized social accounts. If the business vertical is changed after setup is complete, all the curated posts that are scheduled in the future in either a pending or deleted status will be removed and replaced with new posts under the new vertical.

Facebook Ads

Boostability will not run ads for pages that are not in compliance with Facebook’s ad rules and regulations. If access is not granted ads will not be generated. If the customer does not grant Boostability Facebook page access through business manager within their billing cycle the ads will be considered fulfilled and the ad budget does not roll over to the following month.

Branded Posts

Customer interaction is required in the fulfillment of branded posts. Boostability will attempt to contact the customer 3 times per customer billing cycle to define and schedule the customer branded posts. If the customer is unresponsive or does not respond to our contact attempts within their billing cycle the branded posts will be considered fulfilled and do not roll over to the following month.

Proration

The social product will be prorated in the first month if the customer has an active, non-social, product(s) in our system and the social product was added after the last renewal date. The customer will be billed the full amount for all products on the subsequent renewal. The number of social features delivered in the first month may be prorated based product start date in conjunction with the renewal date. These features included but not limited to Facebook ads, curated posts, and branded posts.

Upgrades

Takes place immediately. Upgrades that take place after the last renewal may be prorated in the first month.

Downgrades

Take effect at the next renewal.

Cancellation

If the customer cancels their social product during a paid billing cycle, Boostability will continue work on the account until that billing cycle ends, unless the customer requests work to stop immediately. If the customer receives a refund for the current billing cycle, Boostability reserves the right to stop work immediately on the account.