inter-TECH, Inc. requires that before any work commences on your website or consulting project, you must read and accept these terms of service (“Terms of Service”). You will acknowledge agreement prior to your initial payment and with each additional payment.
WHEREAS, inter-TECH, Inc. Web Design (“inter-TECH”) is internet website design company providing custom web development, web software integration, web consulting, and search engine optimization (“SEO”);
WHEREAS, Customer (“you”,”client”, “customer”) seeks to engage inter-TECH, Inc. for website design, development, consulting, and optimization purposes;
THEREFORE, in consideration of the mutual promises herein, the parties intending to be legally bound agree as follows:
Free Consultation vs. Billable Time
Free consultation typically covers answering questions about inter-TECH, Inc. services and helping clients decide if they want to hire inter-TECH, Inc. to perform services. If a prospective client asks inter-TECH, Inc. to “work” on a website, this is billable time. Billable time includes not only making changes, but also doing research, reviewing website files or code and providing requested website assessments.
inter-TECH, Inc. only accepts compensation in US dollars. inter-TECH, Inc. does not accept trade for the services that a client might offer; this includes partnerships in a client’s business. inter-TECH, Inc. accepts payments via credit cards/debit cards/ echecks through PayPal and accepts checks on a case-by-case basis.
Communication With Clients
inter-TECH, Inc. staff work from home offices, and therefore do not have a setting in which it’s convenient and productive to meet face to face with clients. All communication with clients is typically done via phone, email, or online chat, and is billable time.
Initial Payment for Work
Until inter-TECH, Inc. receives the initial payment, the assumption is that prospective clients are still shopping around for an agency to perform the work. Initial payments are a client’s way of telling inter-TECH, Inc. they have engaged with inter-TECH, Inc. to do work. All projects require an initial payment of half of the project cost. Initial payments are non refundable and considered as project set-up fees. Once an initial payment is received, the client is put into inter-TECH, Inc.’s work queue. So if you would like inter-TECH, Inc. to start working on your project “ASAP”, please make sure you submit the initial payment promptly in order to to get into the queue as quickly as possible.
All payments are due upon receipt of invoice. Invoices are sent via email. If a client does not pay within 14 days, they will receive an email reminder.
If a client does not pay within 30 days even after being sent reminder emails, the client may be required to pre-pay for any future work requests.
Termination of Project and Refund Policy
If, at any time, a client would like to terminate the project, inter-TECH, Inc. will refund any unused hours, less the set-up fee. Please note that there are no refunds for time spent working on a client’s project.
inter-TECH, Inc. may also terminate projects for clients who become unresponsive (not returning emails or phone calls). Any unused payment will be refunded, less the set up fee.
How The Queue Works
When an initial payment is received from a client, the client is put at the end of the project queue. As current projects are completed, inter-TECH, Inc. will go through the queue, in order of date of payments received, and check to see if clients are ready to start their project. If they are not ready to start, inter-TECH, Inc. will move to the next client in the queue.
New Website Design vs. Maintenance
When working on a new website design, clients are typically billed hourly. Once a new website design or redesign is completed, any further work is considered maintenance. Maintenance work is billed at a lower rate, but has a 30 minute minimum charge per request. Multiple requests received the same day are considered the same request.
Ownership of Files
inter-TECH, Inc. is compensated for work by a flat rate or an hourly fee for all digital design, marketing and progreamming. One benefit of this system is that clients completely own all output of services as soon as they have paid any outstanding balance. However, if you plan to have inter-TECH, Inc. perform maintenance on your website after it’s completed – you should not attempt to change the website code yourself unless you have coordinated this with inter-TECH, Inc. in advance. If you do change the code yourself, you do so at your own risk, and the files on inter-TECH, Inc. computers are immediately invalidated by your changes and will be discarded in order to avoid accidental overwriting. To avoid accidental overwriting, if you change your website files yourself, you should notify inter-TECH, Inc., or you should change your FTP permissions so that inter-TECH, Inc. no longer has access to your files.
Since inter-TECH, Inc. bills for services, and the output of the work is immediately uploaded onto client’s webservers, inter-TECH, Inc. is not responsible for archiving or guaranteeing the availability of those files. Clients are responsible for keeping backup copies of their website files in the event of an emergency. While inter-TECH, Inc. may keep backup copies of work for its convenience, inter-TECH, Inc. does not guarantee to keep client files for any length of time.
Domain Registration and Domain Hosting
Selecting a domain registrar and domain host are the responsibility of the client. inter-TECH, Inc. is happy to recommend companies who offer these services (such as Hostgator) that inter-TECH, Inc. has had good experiences with in the past. Paying for and renewing domain registrations and hosting are the responsibility of clients. This is gives clients complete control over their websites.
E-Commerce, Online Stores, Shopping Carts
In addition to hourly rates, clients are responsible for all peripheral costs related to setting up e-commerce on their websites, which include, but not limited to, the following costs: e-commerce software (approx. $1050), after-market modifications to the e-commerce software ($250 – $2,500), SSL certificate ($50/yr – $300/yr), payment provider fees (gateway and merchant account setup fees and ongoing fees – these vary widely depending on who you choose as your payment provider), etc..
Clients are also responsible for “running” their online stores, which includes, but is not limited to: configuring product categories, adding products (including images, titles, descriptions), selecting and configuring shipping options, managing store orders, etc.
Right To Decline Service: Screening Prospective Clients
inter-TECH, Inc. strives for excellence and wants all clients to be delighted with their experience with inter-TECH, Inc.. To this end, all prospective clients and their projects are screened to ensure a good fit with interTech, Inc.’s skills and philosophy. inter-TECH, Inc. in its sole discretion reserves the right to decline providing web services to anyone who is not a good match. interTech, Inc. also strives to improve the quality of the internet – and to this end, only works on websites for individuals and small businesses that are of benefit to the greater internet community. interTech, Inc. will ask you questions about the nature of your business. If inter-TECH, Inc. discovers something objectionable about a project after a deposit is accepted, the unused portion of the deposit will be returned and the project will be terminated.
Putting Link to inter-TECH, Inc. Web Design in The Footer and Adding Your Site To inter-TECH, Inc.’s Portfolio
inter-TECH, Inc. is proud of its work, and will typically add a link to its website in the footer of all client websites. inter-TECH, Inc. may also use an image snapshot of your website with a short description and a link to your website on its portfolio page. If you, or another web developer you’ve hired, removes this link, you are required to notify inter-TECH, Inc. and your website will be removed from inter-TECH, Inc.’s portfolio. Removal of this link also indicates that you no longer wish to have inter-TECH, Inc. perform maintenance on your website in the future.
In order to get your website finished in a timely manner and effectively manage workload, it’s important that you are able to respond to emails within a few days of receipt. If you’ve been emailed several times and haven’t responded in 14 days, you may lose your position in the work queue. If you have not responded in 30 days, your project may be terminated. Please advise if you are going to be away for a span during the web development time so that schedules can be planned accordingly.
inter-TECH, Inc. shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made by a customer on your website designed by inter-TECH, Inc.. You agree to take full responsibility for all taxes and fees of any nature associated with such products sold on your website.
Customer may only use inter-TECH, Inc. services for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on your website.
Trademarks, Copyrights & Plagiarism
You warrant that you have the right to use the applicable trademarks on your website, if any. You also warrant that any images you provide to interTech, Inc. for use on your website are not owned, copyrighted or trademarked by anyone else, and that if they are, you have obtained appropriate permission. You also warrant that all text content you provide to interTech, Inc. for use on your website is original work.
You certify that you are at least 18 years of age.
All website design work is provided “as is” without warranty of any kind, either expressed or implied. Neither interTech, Inc., its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that interTech, Inc.’s service will be error free; nor do they make any warranty as to the results that may be obtained from having interTech, Inc. do website development or consulting work.
Search engines—such as Google—have their own proprietary algorithm for ranking websites for particular keywords, it is impossible for interTech, Inc. to guarantee any particular ranking for your website. It is likewise impossible for interTech, Inc. to guarantee that your Google AdWords campaign will create adequate and high quality traffic for your website. While interTech, Inc. strives to increase traffic to your website by following Google Quality Guidelines, there are many factors beyond interTech, Inc.’s control that impact your website’s ranking and subsequent traffic. Therefore interTech, Inc. does not guarantee any particular search engine ranking or website traffic.
In no event shall interTech, Inc. be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability of clients to use their website.
You expressly agree that use of interTech, Inc.’s services is at your sole risk and you will personally test and accept the results of the services promptly after the completion of the services by interTech, Inc..
Under no circumstances, including negligence, shall interTech, Inc. be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use your website; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to your records, programs or services. You hereby acknowledge that this paragraph shall apply to all work done by interTech, Inc..
Customer agrees that it shall defend, indemnify, save and hold inter-TECH, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against inter-TECH, Inc., its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless inter-TECH, Inc. against Liabilities arising out of
1. any injury to person or property caused by any products sold or otherwise distributed in connection with a website designed or maintained by inter-TECH, Inc.;
2. any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright infringement;
4. any defective product which Customer sold on using a website designed or maintained by interTech, Inc. Web Design;
5. any action taken by Customer as a result of consulting with inter-TECH, Inc..
In any such indemnification action, inter-TECH, Inc. shall have the right to engage its own counsel