Terms & Conditions
DECKARD & COMPANY
2021 TERMS OF SERVICE
As we come to the end a very eventful year, I want to thank you all for your business and your confidence in Deckard & Company. We have the most awesome clients!
As Deckard & Company continues to grow both in staff and in services, one thing has not and will not change: our commitment to great customer service and to your success.
Many of you have been a part of the Deckard & Company family for a long time, but we are expanding that family and with the start of the new year, we think this is a great time to put some things in writing. We have never put anything formal in place, outside of the agreement we have been sending our newer clients, so, let us introduce you to our new terms of service document.
Please remember, that we are here for you! If you have any questions, please let us know. And if, at any time, you have a situation that prevents you from making timely payments, please contact us so we can work it out together!
1.0 Services Rendered
You may, at any time, upgrade/add to the services we provide. We welcome the opportunity to provide you with additional website and marketing support.
2.0 Mutual Cooperation
We agree to use our best efforts to fulfill and exceed your expectations of the deliverables you choose. You agree to aid us in doing so by making available to us the needed information pertaining to your website and/or marketing and to cooperate with us in expediting the work.
We can’t guarantee that our work will be error-free (we’re human!) so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential, or special damages even if you’ve advised us of them.
4.0 Terms of Payment
Clients agree to supply Deckard & Company with all necessary purchase order numbers and/or other internal information required for invoice processing before the commencement of work.
4.1 Billing Schedule, Payment Method & Late Fees
Before we begin your project, we will send you an agreement which will give the specifics of the build as well as the projected completion date. 50% of the quoted amount is due prior to commencement of the project. The remainder is due either upon completion or by the completion date specified in the agreement; it is likely that we may finish your build before our projected completion date. When that happens, the balance of your build invoice will be due even if it is in advance of the projected completion date. Also, we understand that, sometimes, clients are delayed in providing us with the necessary files in order for us to complete the build by the date in the agreement; when that happens, we will invoice you for the balance on the completion date specified in the agreement. Balance payment must be received prior to the launch of your website.
Invoices for monthly and annual services are generated automatically on the due date. You agree to pay our initial (1st) invoice upon receipt which will act as the project kick-off or commencement of service. All payments to Deckard & Company must be made by credit card, debit card, or ACH through the payment gateway on your invoice. Because of Covid-19 precautions, payment by physical checks is not accepted except under certain circumstances and must be arranged for with our office prior to your invoice due date. Payments made via physical check are subject to a $15 convenience fee. Recurring monthly/annual invoices paid by credit card or debit card require that you enter your card information on the initial invoice, and you will agree to recurring billing for those services. Invoices paid via ACH from your checking account will be generated automatically but payment must be made by you individually each month. The company we use to process payments is Level 1 PCI-DSS compliant. This means that every year they have a third-party audit to validate their practices and make sure they are doing the right things for us and our customers. We do not have access to your credit card information, and we will never ask for your credit card information.
Our monthly and annual services come with significant upfront out-of-pocket costs to Deckard & Company. As a result, we must insist that all invoices are paid no later than 3 days following their due date. Service(s) covered by invoices that are not paid by the 3rd day from the due date will be suspended without notice. In order to resume services that have been suspended, a $25 late fee and total for past due invoice must be paid.
Suspension of Services:
Hosting Service: If the hosting account is suspended, and the client wishes to resume service, the unpaid invoice for service plus the late fee needs to paid, and then service will resume within 24 to 48 hours. Please remember that this needs to be done within 14 days of the original invoice date.
If a hosting account is suspended, and the customer wishes to retrieve his/her files from his/her site for cancellation or transfer of hosting, this must be done within two weeks of the suspension date. The $25.00 suspension/reactivation fee, plus 1-month hosting fee are still required to be paid and payment must be fully cleared before the hosting account will be made available to the customer. Once the account is reactivated for cancellation file retrieval, the customer has three days (72 hours) to retrieve his/her own files. After the 72-hour period is over, the hosting account will be terminated, and all associated data permanently deleted.
Any hosting account which has an open/unpaid invoice which remains unpaid 30 days after the due date is subject to permanent termination of the hosting account without further notice to the customer. Termination is different than suspension, in that Termination results in complete and irreversible deletion of all data associated with the hosting account, including but not limited to all website files, all databases, all email, all website statistics, all logs, and all backups — in other words, everything.
Website Management Service: If a website management service account is suspended, and the customer wishes to reinstate their service, an additional $25.00 fee will be accessed. Following payment of past due invoice with late fee, and reinstatement fee, maintenance service will resume within 24 to 48 hours. Upon reinstatement of service, we will perform scans of your website for security or performance issues. After the scan, if there are any issues that need mitigation or repairs, you will be invoiced for services rendered at the rate of $200.00 per hour; that fee is not included in your reinstated website management service.
In the event that we incur legal fees, costs and disbursements in an effort to collect payment for our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses. All matters will be handled in Manatee County, Florida.
5.0 Downgrade or Cancellation of Service(s)
You have the right to modify, reject, cancel, or stop any and all plans or work in process as follows:
Website Build: Once the deposit for the website build has been received and the build has begun, the deposit is non-refundable. If you cancel the project and the site is not completed or launched, we will cancel the invoice for the balance payment.
Service Subscriptions: You can downgrade any subscription once each year. Any downgrade or cancellation of service must be done at least 15 days prior to the next billing period. Cancellations made less than 15 days prior to the next billing period will not take effect until the following billing cycle. (e.g. – your Social Media subscription is invoiced on the 1st of February; you cancel your Social Media subscription on the 25th of January. You will receive an invoice for February but not for March. e.g. for the above subscription, you cancel your Social Media subscription on January 12th; you will not receive an invoice for February.
Because of the external analytic software license we will purchase on your behalf for SEO, this service cannot be canceled within the first 6 months following commencement of service.
If you have chosen any subscription services, either monthly or annually, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimize such costs and expenses.
6.0 Charges for Services Performed
Requests above and beyond those listed in the final agreement may be considered out-of-scope and will trigger a change order for the specific change(s) you request as well as an invoice due for the additional service. Projects that go dormant for longer than 45 days will incur a fee to resume work at the discretion of Deckard & Company.
7.0 Responsibilities of Deckard & Company; Client Responsibilities
7.1 Deckard & Company’s Responsibility for Releases
We shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted materials, artwork, or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).
7.2 Client Responsibility for Releases
You guarantee that all elements of text, images, or other artwork you provide are either owned by your good selves or that you have permission to use them.
If website design and/or content management is a part of our service, when your payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You will own all elements of text, images, and data you provided unless someone else owns them. We’ll own the unique combination of these elements that constitutes a complete design, and we’ll license that to you, exclusively and in perpetuity for this project only.
7.3 Client Responsibility for Accuracy
You shall be responsible for the accuracy, completeness, and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of this Agreement.
Deckard & Company acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by Deckard & Company on behalf of the client or disclosed to Deckard & Company by the client.
9.0 Term and Termination
9.1 Period of Agreement and Notice of Termination
Clients who currently work with Deckard & Company acknowledge their acceptance of these terms of service upon opening the initial email containing these terms. It is each client’s responsibility to advise Deckard & Company of any terms the client finds to be unacceptable. At that time, if a satisfactory resolution cannot be reached, termination of services will be scheduled.
9.2 Termination for Cause
(Prepare yourself for a bit of fancy legal jargon here) Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.
In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its obligations to make payment pursuant to this Agreement.
9.3 Payment for non-cancellable materials
Any non-cancellable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, photography and/or external services) shall be paid for by you, in accordance with our terms of payment. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. We will provide written proof, upon request of the client that any such materials and services, are non-cancellable.
9.4 Materials Unpaid For
If, upon termination, there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services.
9.5 Transfer of Materials
Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by the client to Deckard & Company, Deckard & Company shall transfer, assign, and make available to the client all property and materials in its possession or control belonging to the client. The client agrees to pay for all costs associated with the transfer of materials.
10.0 General Provisions
10.1 Governing Law
This Agreement shall be governed and construed in accordance with the laws of Manatee County, Florida.
10.2 Representations and Warranties
The parties each individually represent and warrant that each has full power and authority to enter into an agreement for services and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party.
11.0 In Closing
After all the legalese of these terms, we wanted to circle back around and, once again, tell you that we deeply appreciate having you as a customer. These terms should not, in any way, be taken as our way of saying we have problems with any of our clients. But it is important to our growth and our continued ability to provide you with the transparency we pride ourselves in.