TERMS & CONDITIONS
We appreciate your business, but to protect you, our client and us, we need to have TERMS & CONDITIONS. Please read and if for any reason, you have a questions, don’t hesitate to contact us.
OPTION 1: WEBSITE DESIGN PACKAGE PAYMENT PLAN
- 1st payment – 50% down to secure web developer
- 2nd payment – 25% when creative design complete and you have a working website
- 3rd payment 25% on Go Live or when invoiced hours are complete. Whichever comes first.
OPTION 2: BUNDLED PACKAGE PAYMENT PLAN
A bundled package plan is an agreement of services and payment plan that is documented on invoice.
- 1st payment – 50% down to secure web developer, graphic designer and/or search engine marketing consultant.
- monthly payments per terms agreed upon.
- 1st payment – 50% down to secure web developer, graphic designer and/or search engine marketing consultant.
- Final Payment is due when project is complete or when invoiced hours have been completed. Whichever comes first. Additional work will be done and immediately invoiced. If iLocalEverywhere decides it’s another project then Quote Request will be required instead.
- Per Payment Terms agreed upon outlined on Invoice.
NOTE: Client’s that pay yearly on PayPal will automatically be billed with recurring payment. To stop recurring payment, you must do so from your own account and at least one month before payment is due.
DOMAIN & HOSTING
Scenario 1: For Website Design Packages purchased from iLocalEverywhere, we will register domain and host your website. First year is free. Once website is live, iLocalEverywhere is responsible for down time, poor performance, or loss of data caused by the Domain and Hosting Provider, Godaddy. Additionally, iLocalEverywhere is responsible for any bug caused by changes on the Host after the acceptance of this Contract for one year. After one year, cost of domain & host, technical support for domain, web site hosting, email or other services relating to web site hosting will be charged at yearly going rate. Scenario 2: If Client chooses to be responsible for owning Domain and Host, the Client is responsible for choosing, paying for, and maintaining any required Domain, Hosting solutions and associated services. iLocalEveywhere is not responsible for down time, poor performance, or loss of data caused by the Hosting Provider. Additionally, iLocalEverywhere is not responsible for any bug caused by changes on the Host after the acceptance of this Contract. Scenario 3: If Client chooses to transfer ownership of Domain and Host to iLocalEverywhere at yearly going rate, we will re-register Domain and Host your website. iLocalEverywhere will be responsible for down time, poor performance, or loss of data caused by the Domain and Hosting Provider, Godaddy. Additionally, iLocalEverywhere will also be responsible for any bug caused by changes on the Host after the acceptance of this Contract for one year. After one year, cost of domain & host, technical support for domain, web site hosting, email or other services relating to web site hosting will be charged at yearly going rate.
Scenario 1: For Website Design Packages purchased from iLocalEverywhere or if Client transferred ownership of Domain and Host to iLocalEverywhere, at yearly going rate, iLocalEverywhere maintains internal backups of active project code and design files. We will also restore any corrupt or missing data. Scenario 2: If Client chooses to be responsible for owning Domain and Host, iLocalEverywhere maintains internal backups of active project code and design files. This backup system is not intended as a solution for The Client, rather as a code archive through the duration of this Contract. While the Designer backup system is fully redundant, it is not guaranteed and does not support any content produced by the Client. The Client is solely responsible for the backup and restoration of the project and any associated data.
Although iLocalEverywhere makes every effort to provide a secure finished product(s), due to the nature of rapidly advancing technology, iLocalEverywhere can in no way guarantee that the project will not be subject to security breaches. We recommend the use of strong passwords and the observance of standard security practices.
CODING + BROWSER COMPATABILITY
iLocalEverywhere will develop your website on the WordPress platform and will test website on current versions of all major browsers including those made by Apple, Microsoft, Mozilla and Opera. ILocalEverywhere will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way, in Microsoft Internet Explorer 7 for Windows as this browser is now past its sell-by date and Microsoft Edge. iLocalEverywhere will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5 or 6 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified.
ILocalEverywhere will provide Free Basic Support for one year for Website Packages purchased from us. This support includes WordPress version updates, plugin updates, widget updates, theme updates, WordPress server updates, content backup and database backup. Client will be notified of any technical issues that occur after forementioned actions. Technical issue fixes will be billed at a discounted hourly rate. Client is responsible for any payment of theme, plugin and/or widgets that they purchased and we installed. Expiration date of free support will be stated on invoice.
Yearly Basic Support is available at the going rate.
All other support rates are via the invoice or MSA agreement.
All Support Requests will be handled in the order that they are received. We will try our best to meet the following Turnaround Times, but there are times due to backlog we are unable to. Low to Medium Priority: 3-5 business days. High Priority: 1-3 business days.
iLocalEverywhere promises that, except for anything provided by the Client to incorporate into the design(s): (a) work will be original and will not be copied in whole or in part from any other work; (b) iLocalEverywhere has secured rights to any third-party content incorporated into the final design(s); and (c) work does not violate the patent, copyright, trade secret or other property right of any person, firm or entity.
PRELIMINARY WORKS AND PROPOSAL
IlocalEverywhere retains all rights in and to all preliminary sketches or proposed works. All rights in and to any preliminary works shall remain the exclusive property of iLocalEverywhere.
iLocalEverywhere will hold and maintain in strict confidence any confidential information the Client provides (such as proprietary, technical, or business information), and will not disclose such information to any third party except as may be required by a court or governmental authority.
GIVE CREDIT WHERE CREDITS DUE
iLocalEverywhere may use work in Designer’s portfolio. iLocalEverywhere reserves the right to display and link to completed project as part of their portfolio and to publicize the project. Client agrees that when asked, Client must properly identify iLocalEverywhere as the creator of work. Client may not seek to mislead others that work was created by anyone other than the Designer.
LOGO DESIGN RIGHTS
If the project includes the design of a logo, iLocalEverywhere gives the Client full exclusive rights to use the logo design in any and all media without restrictions of any kind.
Client agrees that iLocalEverywhere will complete work in the Designer’s creative style at the Designer’s sole discretion.
In the event that any content provided to iLocalEverywhere infringes on the rights of another party, iLocalEverywhere shall not be held liable for any claims and/or damages as a result of said infringement. Client agrees to indemnify, defend, and hold iLocalEverywhere harmless against any claims brought against you based upon allegations brought against the Client regarding (a) infringed intellectual property rights or (b) breached your contract (if any) with any customer purchasing or licensing goods or services.
Revisions not due to the fault of iLocalEverywhere shall be billed separately.
SCOPE OF WORK CHANGES
The Client must assume their requests, additions, alterations, changes in content, layout, process, and Scope of Work, will alter the timeline and cost of the project. If there are any changes in the requirements of this project, iLocalEverywhere reserves the right to adjust invoicing accordingly.
The Client acknowledges that they possess all rights to the content provided to iLocalEverywhere, including but not limited to photography and copywriting and that none of this content infringes on the copyright of others.
iLocalEverywhere reserves the right to invoice any and all services rendered after a ten (10) business day waiting period should the project be stalled for any reason. If an invoice is not paid within the terms, Client agrees to pay a penalty of $20 per 30 days on the outstanding balance. Should a dispute arise, the Client agrees to pay all attorney fees including but not limited to collection costs. If Client cancels project completely and it has not started yet per iLocalEverywhere’s agreement, Client’s payment will be refunded minus $50. If Client cancels project completely after project is started there is no refund. Should a dispute arise, the Client agrees to pay all attorney fees including but not limited to collection costs.
If you are paying for services via PayPal recurring payment method, it is your responsibility to notify us 5 business days before the recurring payment date so we can make any necessary modifications to your services and cancel your recurring payment.
FORCE MAJEURE EVENT
iLocalEverywhere and Client shall not be liable for any failure of or delay in the performance of this Contract for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
ILOCALEVERYWHERE CLIENT RELATIONSHIP
iLocalEverywhere’s relationship with Client will be that of a business to business relationship, and nothing in this contract is intended to, or should be construed to, create a partnership, agency, joint venture, work-for-hire, or employment relationship. iLocalEverywhere may perform the services required by this contract at any place or location and at such times as iLocalEverywhere shall determine.
- Each party acknowledges that in the course of their association with each other they will have access to Confidential Information.
- Treat all confidential information as confidential.
- Prevent 3rd parties from gaining confidential material access.
- immediately return and permanently remove from system all of the disclosing party’s confidential information (including copies) upon written request of the disclosing party.
This Agreement imposes no obligation on the receiving party with respect to Confidential Information which:
- was in the receiving party’s possession before receipt from the disclosing party
- is or becomes a matter of public knowledge through no fault of such receiving party
- is rightfully received by such receiving party from a third party without a duty of confidentiality
- is independently developed by the receiving party
- is required by law to be disclosed by the receiving party in response to a valid order of a court of competent jurisdiction or authorized government agency, provided that the receiving party cooperates with the disclosing party’s efforts to seek a protective order or other appropriate remedy; or
- is disclosed by receiving party with the disclosing party’s prior written approval
ACCEPTANCE OF TERMS AND CONDITIONS
One of the following is evidence of acceptance of these terms and agreements.
- Online Orders Only – placing a check mark in the ‘terms & conditions’ checkbox
- Your invoice indicating PAID and date & type of payment
Terms & Agreement Are Subject To Change Without Notice