Dental Patients Online by JYB Corp
Terms and Conditions
Effective February 15, 2014
This details the Dental Patients Online by JYB Corp. terms and conditions for all Dentist/Customer Monthly Marketing agreements made available on dentalpatientsonline.com website and though a URL posted under Terms and Conditions on each agreement:
1. Services Outline
DPO Program. The terms of this paragraph apply only if Dentist/Customer has purchased the DPO Program as part of their monthly services. The DPO Program is a lead generation service. The DPO Program creates Ads based on Dentist/Customer content, and distributes the Ads through the proprietary DPO Distribution Network. The DPO Program Distribution Network uses a series of sources to create leads including, but not limited to: Google, Yahoo, Bing, Affiliates, Organic sources, and other online landing pages. All vendor, media affiliate relationships and ad spending and formulas used to acquire leads for Dentist/Client are proprietary to the JYB Corp and the DPO Program. Use of the monthly advertising budget for each Dentist/Customer is at the sole discretion of JYB Corp and the DPO Program. A tracking number is set-up on a third party telephone service to record and track leads gathered from DPO Program advertising so each Dentist/Client can review their results each month. The DPO Program is a monthly recurring program. Once the month has started, the program cannot be cancelled for that month The DPO Program is non-refundable and performance of actual lead generation and/or any actual new patients for the Dentist/Customer is not guaranteed.
Lead Tracking. As part of the DPO Program, Dental Patients Online by JYB Corp will set up tracking and use of telephone number(s) that are used to track telephone leads generated from the DPO Program and any Print Ads developed. The tracking phone service is set-up in the clients name with their credit card and only managed by Dental Patients Online by JYB corp. Reporting on actual phone calls is available on each Dentist/Customers phone account through online reporting provided by the telephone service. Maintenance of the phone tracking and reporting is the sole responsibility of each Dentist/Customer. The phone tracking services are charged monthly by a third party company and Dental Patients Online by JYB Corp accepts no liability for their services or problems related to Dentist/Customers account; and performance of actual lead generation and/or any actual new patients for the Dentist/Customer is not guaranteed.
Corp Website Service. The terms of this paragraph apply only if Dentist/Customer has purchased the Corp Website Program. Dental Patients Online by JYB Corp will implement one local semi-customer website for each Dentist/Customer Location for a pre-agreed price. All websites are paid cash-in-advance and payment is non-refundable once design has begun. Dental Patients Online by JYB Corp will then host and maintain each Dentist/Customer website for a monthly hosting fee of $95. Dental Patients If a Dentist/Customer has multiple locations, all offices will use the same website template.
Dental Patients Online will register and administer the URL and provide any ancillary costs associated with support of that domain the Dentist/Customer’s expense.
Dental Patients Online will register and administer the URL and provide any ancillary costs associated with support of that domain the Dentist/Customer’s expense.
Local SEO Services. The terms of this paragraph apply only if Dentist/Customer has purchased the Dental Patients Online by JYB Corp Organic Service. The Local SEO Service is a monthly recurring charge that includes the application of “on page” and “off page” search engine optimization tactics designed to achieve a higher ranking for each Corp Website in search engine results; and optimization for business listings in Google™ maps/places. The Dentist/Customer acknowledges that search results and search engine rankings are influenced by several factors, and Dental Patients Online by JYB Corp does not guarantee any particular placement, position or rank for business or business listing in any search results at any time. Local SEO Services is a monthly recurring program. Once the month has started, the program cannot be cancelled for that month. Local SEO Services is non-refundable and performance of actual lead generation and/or any actual new patients for the Dentist/Customer is not guaranteed.
Directories/Citation Services. The terms of this paragraph apply only if Dentist/Customer has purchased the Dental Patients Online by JYB Corp Directories/Citation Services. Directories/Citations are Dentist/Customer agrees that this service is a monthly recurring service that includes developing 4 to 5 new directories or citations per month. A citation is any mention of your business out on the web, with or without a link. It can come in various forms:
- Company Name, by itself.
- Company name & phone number.
- Company name, phone number, & address.
- Company name, phone number, address, & link.
Reputation Management Services. The terms of this paragraph apply only if Dentist/Customer has purchased Dental Patients Online by JYB Corp Reputation Management Services. This is a monthly recurring program. A testimonial page is provided on the Dentist/Customer’s Corp Website so patients can leave reviews at home or in the Dentist/Customer office. Actual performance or number of reviews posted is up to the Dentist/Customer. Dental Patients Online by JYB Corp accepts no liability for any reviews posted.
PPC Retargeting Services. The terms of this paragraph apply only if Dentist/Customer has purchased Dental Patients Online by JYB Corp PPC Retargeting Services. PPC Retargeting is a monthly recurring program. PPC Retargeting sends users based on a visit to a DPO Network Landing pages and then serves ads to them as they browse the internet via display placements. PPC Retargeting Service is a monthly recurring program. Once the month has started, the program cannot be cancelled for that month. PPC Retargeting Services is non-refundable and performance of actual lead generation and/or any actual new patients for the Dentist/Customer is not guaranteed.
AD Design/Val Pak/Magazine/Direct Mail. Dental Patients Online by JYB Corp provides design and planning services for outside Vendors such as Val Pak. Any design services are charged at 20% of the cost of media to the client recurring for as long at the ad designed by Dental Patients Online by JYB Corp is running. Any outside vendors and programs purchased by the Dentist/Customer are at their own risk and Dental Patients Online by JYB Corp accepts no liability for mistakes, errors, contents or publishing or services provided by Val Pak, or any outside service.
All Dental Patients Online by JYB corp services Including: DPO Program; Local SEO; PPC Retargeting; Reputation Management; Directories/Citations; monthly management of outside advertising; are recurring, month to month services. Use of each service is based on each Dentist/Customer agreement. Each contract is effective on the date signed. Cancellation for the current month may not occur prior to the end of the first advertised month, however the contract may be cancelled for any additional months at any time up to (7) seven business days prior to the next auto renew date. Written notification of cancellation must be received via fax to 702-926-9000 or registered mail to JYB Corp, 8871 W Flamingo Rd Ste 202, Las Vegas, NV 89147. JYB Corp agrees not to renew or make any further charges once cancellation has been received.
Dentist/Customer hereby grants Dental Patients Online by JYB Corp and its designees a non-exclusive, irrevocable (during the Term), worldwide, transferable, sub-licensable right and license, in connection with providing the Services, to (a) use, reproduce, mirror, distribute, modify, perform and display the Dentist/Customer Content (or any portions thereof), (b) use Dentist/Customer’s name and logo, (c) distribute the Ads and Dentist/Customer Content to the Dental Patients Online by JYB Corp Distribution Network and (d) list, represent, register or establish accounts or keywords.
Dentist/Customer will pay Dental Patients Online by JYB Corp all amounts due under this Agreement monthly, in advance. If Dentist/Customer is paying by credit card or eCheck, (a) Dentist/Customer hereby irrevocably authorizes Dental Patients Online by JYB Corp to charge the credit card or other payment method provided for any such amounts when due, (b) amounts due will be automatically charged, in advance, and (c) if Dentist/Customer’s credit card expires, Dentist/Customer hereby gives Dental Patients Online by JYB Corp permission to submit the credit card charge with a later expiration date. If Dental Patients Online by JYB Corp suspends any Service or terminates this Agreement due to non-payment by Dentist/Customer, Dentist/Customer agrees that it owes all amounts that would be due for the Commitment Period as if Dental Patients Online by JYB Corp had not suspended the Service or this Agreement had remained in effect. The amount set forth in the Agreement as the “Initial Charge” is due on the Effective Date. Except as otherwise set forth herein, prepaid amounts are non-refundable. If Dental Patients Online by JYB Corp does not receive timely payment of any amount due under this Agreement, Dentist/Customer agrees to pay all amounts due pursuant to this Agreement upon demand and will reimburse Dental Patients Online by JYB Corp for all charges and fees Dental Patients Online by JYB Corp incurs in collecting payment.
DENTIST/CUSTOMER/CUSTOMER UNDERSTANDS AND AGREES THAT ALL JYB CORP DBA DENTAL PATIENTS ONLINE FEES AND CHARGES ARE NONREFUNDABLE AND THAT JYB CORP DBA DENTAL PATIENTS ONLINE MAY CHANGE ANY FEE, RATE OR PLAN AT ANY TIME UPON NOTICE TO CUSTOMER THROUGH THEIR MONTHLY INVOICING. ANY ISSUES WITH SAID INVOICING MUST BE MADE WITHIN 7 BUSINESS DAYS OF ACTUAL CHARGE TO THEIR CARD.
IF NO SUCH NOTIFICATION IS GIVEN TO JYB CORP DBA DENTAL PATIENTS ONLINE BY DENTIST/CUSTOMER/CUSTOMER, JYB CORP DBA DENTAL PATIENTS ONLINE WILL ASSUME CUSTOMER IS SATISFIED WITH AND ACCEPTS ALL SERVICES.
If Client pays for the Services by credit card or charge card, Client permanently and irrevocably waives any and all right to enact a ‘chargeback’ (that is, a disputed, reversed or contested charge with the applicable bank, credit card or charge card) against these payments for any reason whatsoever against JYB Corp and or DBA Dental Patients Online.
4. Ownership; Guarantee
Dentist/Customer owns the Dentist/Customer Content. As between Dental Patients Online by JYB Corp and Dentist/Customer, Dental Patients Online by JYB Corp owns any content (other than Dentist/Customer Content), data or technology in connection with the Services. Dentist/Customer may not grant access to its Dental Patients Online by JYB Corp account or share any data generated from the Services with any third party without Dental Patients Online by JYB Corp’s prior written consent.
If Dentist/Customer elects not to renew this Agreement but nonetheless desires its Locations to continue to use their respective Corp Website and tracking number(s) after termination of this Agreement and has paid all amounts due to JYB Corp, then Dental Patients Online by JYB Corp will, within ten (10) business days after Dentist/Customer’s request (which request must be made within 7 days of termination of this Agreement in writing via fax or certified mail to JYB corp. – 8871 W Flamingo Road, ste 202, Las Vegas, NV 89147), (a) transfer the contents of the Corp Website to Dentist/Customer and authorize the transfer of the Corp Website URL(s) to Dentist/Customer and hereby grants Dentist/Customer a revocable, non-exclusive, non-transferable, non-sub-licensable license to continue to use the Dental Patients Online by JYB Corp Content on its websites, (b) initiate a transfer request with Dental Patients Online by JYB Corp’s tracking number vendor. Notwithstanding the foregoing, (a) Dentist/Customer may not use any Dental Patients Online by JYB Corp Content other than on its website, (b) Dental Patients Online by JYB Corp may remove third party content from the Corp Website prior to transfer and (c) Dentist/Customer will remove any third party content provided by Dental Patients Online by JYB Corp as part of the promptly after Dental Patients Online by JYB Corp’s request. The process for tracking number transfer will include making Dentist/Customer the only administrator and decision to keep Call Rail and/or Dialogue Tech is at the Dentist/Customer’s sole discretion.
5. Representations and Warranties
Dentist/Customer represents and warrants throughout the Term and for any period thereafter that a Location continues to use the Corp Website Developed by Dentist/Customer/Customer that (a) it has the full right, power and authority to grant the licenses and related rights granted herein and has acquired any and all third party clearances, permissions and licenses that are necessary in connection with Dental Patients Online by JYB Corp’s exercise of such rights and licenses, (b) the Dentist/Customer Content is true and accurate, does not violate any law or regulation and is not misleading, defamatory, libelous or slanderous and (c) Dental Patients Online by JYB Corp’s use of the Dentist/Customer Content in connection with providing the Services will not infringe upon or violate the rights or property interests of any third party. Dentist/Customer will notify Dental Patients Online by JYB Corp in writing promptly if any of the foregoing representations and warranties becomes untrue.
Dentist/Customer agrees to indemnify, defend and hold harmless Dental Patients Online by JYB Corp, its successors, officers, directors, employees, designees and agents (the “Indemnified Parties”) from and against any and all claims, actions, demands, costs, losses liabilities, penalties, damages and expenses (including reasonable legal and accounting fees) (“Claims”) relating to or arising from the Dentist/Customer Content, use of the Services, or breach (or alleged breach) of Dentist/Customer’s representations, warranties and covenants under this Agreement. If Dentist/Customer is a Covered Entity under The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Dentist/Customer waives any Claims it may have against Dental Patients Online by JYB Corp arising out of or in connection with HIPAA requirements and agrees to indemnify and hold harmless the Indemnified Parties against any and all Claims that are related to or arise from failure to comply with HIPAA requirements.
THE SERVICES AND DENTAL PATIENTS ONLINE BY JYB CORP DISTRIBUTION NETWORK ARE PROVIDED ON AN “AS IS” BASIS. UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, DENTAL PATIENTS ONLINE BY JYB CORP MAKES NO, AND EXPRESSLY DISCLAIMS ANY, REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF. DENTAL PATIENTS ONLINE BY JYB CORP IS NOT PERMITTED TO PROVIDE, AND DOES NOT PROVIDE, LEGAL ADVICE, AND DENTIST/CUSTOMER IS SOLELY RESPONSIBLE FOR COMPLIANCE OF THE ADS AND ADVERSITE WITH ALL LOCAL, STATE AND FEDERAL LAWS AND REGULATIONS AND PROFESSIONAL RULES AND REGULATIONS APPLICABLE TO THE DENTIST/CUSTOMER. RECORDED CALLS MAY NOT MEET HIPAA REQUIREMENTS AND MAY NOT BE PRIVILEGED UNDER APPLICABLE LAW.
DENTAL PATIENTS ONLINE BY JYB CORP WILL NOT BE LIABLE TO DENTIST/CUSTOMER (NOR TO ANY PERSON OR ENTITY CLAIMING RIGHTS DERIVED FROM DENTIST/CUSTOMER’S RIGHTS) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING COST OF COVER, LOST REVENUES OR PROFITS OR LOSS OF BUSINESS OR DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF WHETHER DENTAL PATIENTS ONLINE BY JYB CORP WAS ADVISED, HAD OTHER REASON TO KNOW, OR KNEW OF THE POSSIBILITY THEREOF. DENTIST/CUSTOMER SHALL HAVE NO RECOURSE AGAINST DENTAL PATIENTS ONLINE BY JYB CORP OR ITS DESIGNEES FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF DENTIST/CUSTOMER’S PROPRIETARY RIGHTS BY THIRD PARTIES OR FOR LOSS OR HARM DUE TO UNAUTHORIZED USE OF DENTIST/CUSTOMER’S ADS OR ADVERSITE BY THIRD PARTIES. IN ANY EVENT, AND SINCE ALL SERVICES ARE PAID MONTHLY DENTIST/CLIENT, DENTAL PATIENTS ONLINE BY JYB CORP’S MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS PAID BY DENTIST/CUSTOMER TO DENTAL PATIENTS ONLINE BY JYB CORP FOR LAST MONTH PAID BY DENTIST/CLIENT.
9. Termination of Agreement; Cancellation and Suspension of Services
Dentist/Customer agreements shall become effective on the Effective Date and shall remain in effect until terminated as set forth on the actual agreement. Once the Commitment Period has ended, the Term will continue month to month thereafter, and Dentist/Customer will be billed the applicable monthly fees on a monthly recurring basis, until the Agreement is terminated as outlined on the agreement. Notwithstanding the foregoing, Dentist/Customer may not terminate this Agreement until the Commitment Period has ended. If Dentist/Customer breaches any provision of this Agreement, Dental Patients Online by JYB Corp may suspend Dentist/Customer’s Services. If such breach is capable of being cured, Dentist/Customer will have 10 days to cure such breach; provided that Dental Patients Online by JYB Corp is not required to provide an opportunity to cure if Dentist/Customer subsequently commits the same breach. If such breach cannot be cured or is not cured within any applicable cure period, Dental Patients Online by JYB Corp may terminate this Agreement and/or pursue all other available remedies, including recovery from Dentist/Customer of Dental Patients Online by JYB Corp’s costs and attorney’s fees incurred in pursuing such remedies. Notwithstanding the foregoing, Dental Patients Online by JYB Corp may terminate this Agreement or cancel any of the Services in its discretion at any time, with a refund only of any prepaid but unused fees. The provisions of Section 4. (Payment) shall survive the termination of this Agreement.
The Company reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on this website immediately. Please check the latest information posted herein to inform yourself of any changes. Dentist/Customer agreements (a) is governed by the laws of the State of Nevada, excluding its conflict of laws principles, (b) may be amended only in a writing signed by both parties or by Dental Patients Online by JYB Corp e-mailing revised terms and conditions to Dentist/Customer or posting revised terms and conditions in Dentist/Customer’s Dental Patients Online by JYB Corp account and (c) constitutes the complete and entire expression of the agreement between the parties, and supersedes any and all other representations, warranties and agreements, whether written or oral, with respect to the subject matter hereof. The exclusive venue for any dispute relating to this Agreement shall be Clark County, Nevada, and Dentist/Customer hereby waives any jurisdictional, venue or inconvenient forum objections thereto. DENTAL PATIENTS ONLINE BY JYB CORP AND DENTIST/CUSTOMER EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL. Prior to initiating any legal action, the initiating party shall give the other party 60 days written notice of its intent to file an action. Dental Patients Online by JYB Corp will provide such notice by e-mail to Dentist/Customer’s e-mail address on file with Dental Patients Online by JYB Corp, and Dentist/Customer must provide such notice by e-mail to DPODental@gmail.com. During such notice period, the parties will endeavor to settle amicably by mutual discussions any disputes, differences, or claims whatsoever related to this Agreement. Failing such amicable settlement and expiration of the notice period, any controversy, claim, or dispute arising under or relating to this Agreement shall finally be settled in a court of competent jurisdiction as set forth herein. Dental Patients Online by JYB Corp may assign this Agreement, in whole or in part, and the parties’ rights and obligations will bind and inure to the benefit of their respective successors and permitted assigns. These terms shall be severable and construed to the extent of their enforceability in light of the parties’ mutual intent. Section headings are provided for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section. For the avoidance of doubt, Dental Patients Online by JYB Corp is an independent contractor of Dentist/Customer and does not have the authority to make any commitment of any kind that is binding on Dentist/Customer. Dentist/Customer expressly agrees that any varying or additional terms contained in any purchase order or any other written notification or document issued by Dentist/Customer in relation to the Services shall be of no effect and may be accepted for administrative convenience only.