Chad Conger Marketing Terms and ConditionsBy placing an order for Chad Conger Marketing’ design services you acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. Should you have any questions or concerns regarding this agreement please contact Chad Conger Marketing before placing your order by email at info@chadconger.com or by mail to: Chad Conger Marketing 1743 2nd Avenue North Suite 1 St. Petersburg, FL 33713 Should an order be place then it shall be understood by all parties concerned that a contract shall not exist between us until Chad Conger Marketing acknowledges receipt and acceptance of the aforementioned order and replies to the client. Definition of Terms Chad Conger Marketing – Chadrick B. Conger, 1743 2nd Avenue North Suite 1, St. Petersburg, FL 33713, trading as Chad Conger Marketing, a sole proprietor, having its principal place of business at 1743 2nd Avenue North Suite 1, St. Petersburg, FL 33713, aforesaid. The Client – the entity which enters into a contract with Chad Conger Marketing. The client agrees that he or she is 18 years of age or older. C&T Solutions will not carry out work for those under the age of 18. Contract Start – The date of which the initial payment or deposit is received by C&T Solutions from the client and work is commenced. Domain Name – the root address of a website, e.g. www.webaddress.com. All such names must be registered with the appropriate naming authority, which will usually charge a fee. Downtime – time when the website is not accessible via the Internet. This may be because of a technical failure of the Host or because work is being carried out on the site. Host – the company on whose system the website physically resides. Link / Hyperlink – a ‘clickable’ link embedded on a web page which may take the form of a graphic or text. Search Engine – a website which contains a directory of websites on the Internet enabling users to find websites by subject matter classification. Website – a collection of web pages and associated code which forms an integrated presence. The Work – the subject matter of the agreement between the Client and Chad Conger Marketing Authorization The Client is engaging Chad Conger Marketing as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on the client’s web space on a web hosting service’s computer. The client hereby authorizes Chad Conger Marketing to access this account, and authorizes the web hosting service to provide C&T Solutions with “write permission” for the client’s webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes Chad Conger Marketing to publicize their completed website to web search engines, as well as other web directories and indexes. This includes publishing on the website of Chad Conger Marketing located at www.chadcongermarketing.com to be used as a professional reference. The client agrees that no partnership, joint venture, or employee/employer relationship is intended, implied, or created with this agreement. Extent of Work Installation on the Internet is limited to the uploading of all necessary files to the Host, and testing of functionality. No registration of the website with search engines will be undertaken unless otherwise agreed with the client. Fees All fees are to be paid with US funds. A deposit is required from any new client before any work is carried out. Please refer to the applicable terms below governing the payment plan you choose when placing your order through www.chadcongermarketing.com : Pay In Full – If the client has selected the option of ‘Pay In Full’, 100% of the total fees payable are due at the time of order. The work will not begin until 100% of the fees are received by C&T Solutions from the client. Pay In Halves – If the client has selected the option of ‘Pay In Halves’, 50% of the total fees payable is due at the time of order. The work will not begin until 50% of the fees are received by C&T Solutions from the client. The remaining 50% shall become due when the work is completed to the reasonable satisfaction of the client but subject to the terms of the sections in the agreement titled “Approval of Work” and “Rejected Work” hereof. Pay in Thirds – If the client has selected the option of ‘Pay In Thirds’, 34% of the total fees payable is due at the time of order. The work will not begin until 34% of the total fees are received by Chad Conger Marketing from the client. 33% of the total fees payable shall become due when the design of the website is completed to the reasonable satisfaction of the client but subject to the terms of the sections in the agreement titled “Approval of Work” and “Rejected Work” hereof. The remaining 33% shall become due when the work is completed to the reasonable satisfaction of the client but subject to the terms of the sections in the agreement titled “Approval of Work” and “Rejected Work” hereof. Pay Monthly – If the client has selected the option of ‘Pay Monthly’, 25% of the total fees payable is due at the time of order. The work will not begin until 25% of the total fees are received by Chad Conger Marketing from the client. The remaining 75% of total fees payable will be divided into 11 equal monthly payments. Each of the 11 monthly payments will have a $25.00 service fee added. After the initial payment of 25% the subsequent monthly payments will be due on the same day of the month that the order was placed. For instance, if Bob places an order with the Pay Monthly option, and pays his 25% down on March 25, each monthly payment will be due on the 25th day of the next 11 months beginning with April, respectively. This payment plan is subject to the terms of the sections in the agreement titled “Approval of Work” and “Rejected Work” hereof. Maintenance and Correction of Errors Chad Conger Marketing takes no responsibility for the functionality or maintenance of the website after the work has been completed, unless a maintenance contract is in place. Errors, both technical and typographical, attributable to Chad Conger Marketing will be corrected free of charge, but Chad Conger Marketing reserves the right to charge a reasonable fee for correction of errors for which Chad Conger Marketing is not responsible, including, but not limited to, malicious modification of the website by a third party and typographical errors contained in materials provided to Chad Conger Marketing by the client. Maintenance Fees Maintenance, if included in the agreement, shall be on a month to month basis, with a minimum of $25.00 payable in any month where updating is necessary. Fees will be assessed on an hourly basis at $50.00 per hour or part thereof. No fee will be required in a month where no updating is necessary, unless the agreement includes a discounted monthly maintenance plan. Search engine re-submissions, other than the original submission included in the contract fee, shall be included in the maintenance fee. Remedies for Overdue Payment or Payment Not Received All payments must be made promptly. The client will be reminded of his payment due date by email 7 days before it is due each month solely at a convenience to the client. Chad Conger Marketing can not be held responsible for failure to issue a payment reminder. It is the responsibility of the client alone to ensure his payments are made on or before each and every due date. Chad Conger Marketing will not begin any work for the client until the initial deposit has been paid. In the event that the initial deposit is not received within thirty (30) days of service order, Chad Conger Marketing reserves the right to cancel the client’s order. All sensitive information submitted by the client thus far will be destroyed in a legally acceptable manner by Chad Conger Marketing. Delinquent bills will be assessed a $15 charge if payment is not received within 3 days of the due date. If payment has not been made by the due date Chad Conger Marketing reserves the right to suspend ongoing work for the client, until such time that full payment of the outstanding balance has been received. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. At this time C&T Solutions reserves the right to remove, replace, or modify web pages and/or websites from viewing on the internet and revoke the client’s rights to the work until full payment has been received. By revoking the client’s rights to the work or removing the website from the Internet, Chad Conger Marketing does not remove the client’s obligation to pay any outstanding monies owed. If case collection proves necessary, the client agrees to pay all fees incurred by that process. Hosting and Domain Website hosting and domain name will be purchased on behalf of the client through either godaddy.com or bluehost.com, at the discretion of Chad Conger Marketing. Fees for the first year of hosting are included in the cost of the website. The client will receive a bill from C&T Solutions for each subsequent year of website hosting. Failure to pay hosting fees before the deadline of the third-party host will result in the suspension of the client’s website. Chad Conger Marketing assumes no responsibility for downtime caused by non-payment of hosting fees. The hosting accounts with third party hosting websites will be owned by Chad Conger Marketing. If the client would like to cease hosting with Chad Conger Marketing at any time after the work is completed, there will be a fee for the client to switch website hosts. Supply of Materials The client is to supply all materials and information required for Chad Conger Marketing to complete the work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the client’s failure to supply such materials leads to a delay in completion of the work, Chad Conger Marketing has the right to extend previously agreed deadlines for the completion of the work by a reasonable amount. Where the client’s failure to supply materials prevents progress on the work for more than 30 days, C&T Solutions has the right to invoice the client for any part or parts of the work already completed. Text – Text may be submitted on a disk which is mailed to Chad Conger Marketing at the cost of the client. It may also be emailed to Chad Conger Marketing in standard PC word processing format. If text is in paper format, the client is responsible to first input the text into standard PC word processing format and then email to Chad Conger Marketing. Text that is submitted to Chad Conger Marketing which requires formatting (including typing) could be subject to a fee. The client is responsible for requesting the fee before submitting such materials. Photos and Graphics – Photos and graphics may be submitted to Chad Conger Marketing by email or by mailing a disk in any of the standard graphic formats. Paper format should be the highest quality artwork or photos available for Chad Conger Marketing to scan. Make sure your originals are clear and clean. Chad Conger Marketing will resize your graphics to conform to your web page. Graphics or photos that are not clean, clear, or of superior quality will not be used on the website. C&T Solutions will not accept graphics larger than 8.5” x 11” or smaller than 2” x 2”. Approval of Work On completion of the work, the client will be notified and have the opportunity to review it. The client should notify Chad Conger Marketing of any unsatisfactory points within 7 days of receipt of such notification by emailing changes@chadconger.com or calling 1-888-684-0660. Any of the work which has not been reported in writing to Chad Conger Marketing as unsatisfactory within the 7 day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed and complete payment of fees will become due. The agreement will remain in effect until all obligations have been completed in the terms of this agreement. Rejected Work If the client rejects the work within the 7 day review period, or will not approve subsequent work performed by Chad Conger Marketing to remedy any points reported by the client as unsatisfactory, and C&T Solutions considers that the client is unreasonable in his repeated rejection of the work, this agreement will be deemed to have expired and C&T Solutions can take any legal measures to recover both payment for the completed work and reasonable expenses incurred in recovering payment. Completion of Work Chad Conger Marketing warrants completing the work in accordance with its standard terms and conditions to the specifications agreed with the client. C&T Solutions will not charge more than the amount previously agreed unless the client has varied the specifications of the work since the agreement. Chad Conger Marketing will not undertake changes to the specifications of the work which would increase the cost, without prior written authorization from the client. Refund Policy If the client halts work and applies by registered letter for a refund within 30 days, to Chad Conger Marketing, 1743 2nd Avenue North Suite 1, St. Petersburg, FL 33713, work completed shall be billed at the hourly rate of $50.00 per hour and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate of $50.00 per hour. No portion of this initial payment will be refunded unless written application is made within 30 days of Contract Start. Search Engine Listings Chad Conger Marketing does not guarantee listings on search engines and the client accepts that it is search engines and not C&T Solutions who determine whom they list and whom they will not. The client further understands there is no guaranteed placement or rank on the search engines and that a new website may never even appear on search engines at all. Chad Conger Marketing does not control search engines’ algorithms and huge shifts can appear daily, weekly and even hourly. Copyrights and Trademarks Any Domain Name obtained will be purchased under C&T Solutions. The client agrees to indemnify Chad Conger Marketing, including all incidental costs, against any claims that a Domain Name applied for, or obtained, violates the intellectual property rights of a third party. The client warrants that the domain name sought is not a trademark of a third party. The client represents to Chad Conger Marketing and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Chad Conger Marketing for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Chad Conger Marketing and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. Offers and proposals made by Chad Conger Marketing to potential clients should be treated as trade secrets and remain the property of Chad Conger Marketing. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from Chad Conger Marketing. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information. Copyright to Web Pages Copyright to the finished assembled work of web pages produced by Chad Conger Marketing is owned by Chad Conger Marketing. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Chad Conger Marketing and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. A link to Chad Conger Marketing’ website will appear in small type and/or graphical format at the bottom of the first page on the website. The link will not cause users to leave the client website; rather it will open a new browser window to the Alou Web Design website or email address, at Chad Conger Marketing’ discretion. The link will typically state, “Web Design by Chad Conger Marketing.” This link may not be modified at any time without express written consent of Chad Conger Marketing during the existence of the website for public viewing. Design credits to C&T Solutions will also be in the HTML code of each page, hidden from normal view, and may not be modified at any time without the express written consent of Chad Conger Marketing during the existence of the website for public viewing. Acceptable Use An acceptable use policy is part of these terms and conditions of hosting any information associated with the domain name. This is necessary because the proliferation of abusive electronic mail and practices generated by a minority of the Internet users can interrupt services. The Acceptable Use Policy is posted on our website and is part of these terms of conditions. You can view it here. Laws Affecting Electronic Commerce From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Chad Conger Marketing and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce. Status and Duration of Offers Proposals and offers are valid for a period of one month from the date issued. C&T Solutions is not bound to honor offers that have expired. Offers are not legally binding until an acceptable timetable for the work has been agreed by both parties. This timetable must be agreed within the month that the offer is valid. If an acceptable timetable has not been approved by both parties within one month of the offer being made, the offer is deemed to have expired. If the client has a specific date for deadline, the client is responsible for informing Chad Conger Marketing of such before work is commenced. If the client does not inform Chad Conger Marketing of a deadline, the client and Chad Conger Marketing agree to simply work together in a timely manner. Chad Conger Marketing will hold no responsibility for missed deadlines unless such has been established before work is commenced. Disclaimers Chad Conger Marketing does not warrant that the functions contained in these web pages or the Internet website will meet the client’s requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with the client. In no event will Chad Conger Marketing be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or site visitor’s computer or Internet software, even if Chad Conger Marketing has been advised of the possibility of such damages. Chad Conger Marketing reserves the right to assign subcontractors to the client’s project to insure the right fit for the job as well as on-time completion. Chad Conger Marketing can take no responsibility for services provided by third parties through us or otherwise, including the hosting of the client’s website, although Chad Conger Marketing will endeavor to ensure that website downtime is kept to a minimum. Under no circumstances will Chad Conger Marketing be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software. The client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure. Chad Conger Marketing will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. Chad Conger Marketing will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of Chad Conger Marketing. Chad Conger Marketing reserves the right to refuse work if the website in question will display adult content, pornography, or sex-related merchandise. If an order is placed for an “adult content” website, Chad Conger Marketing reserves the right to cancel the order and provide the client with a full refund. Chad Conger Marketing will be the sole arbiter as to what constitutes “adult content.” If the potential client has questions about their content, they should contact Chad Conger Marketing by email at info@chadconger.com before placing an order. Chad Conger Marketing reserves the right to refuse or break an agreement without prior notice, if it is believed that the client, their website, or any material is illegal, immoral or otherwise unacceptable. Chad Conger Marketing reserves the right to refuse services to any person or company for any reason. If work has been commenced for a person or company, and C&T Solutions feels that they can no longer continue the work, Chad Conger Marketing reserves the right to cancel any order at any time, for any reason, with a full refund provided. This Agreement This agreement constitutes the sole agreement between Chad Conger Marketing and the client regarding this web design project. Any additional work not specified in this contract or the order submitted must be authorized by a written request. All prices specified in this contract will be honored for 3 months from date offered. Acknowledgement of agreement after that time will require a review of current pricing and new agreement. This agreement supersedes any prior written or oral agreements between the parties. This agreement may be modified or amended if the amendment is made in writing and is signed by both parties. This agreement shall be governed by, interpreted, and enforced in accordance with the laws of the state of Florida and the Federal Laws of the United States of America which shall claim venue and jurisdiction for any legal action or claim arising from the contract between C&T Solutions and the client. Any action relating to this agreement must be brought in Pinellas County Florida and you irrevocably consent to the jurisdiction of such courts. The said contract is void where prohibited by law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These terms and conditions may change from time to time. The version applicable at the time of agreement shall be used to govern the relationship between C&T Solutions and the client. |