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 the creative design is complete and you have a working website
  • 3rd payment 25% on Go Live or when the website is 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 the invoice.

OPTION 3:

  • 1st payment – 50% down to secure web developer, graphic designer, and/or search engine marketing consultant.
  • monthly payments per terms agreed upon.

OPTION 4:

  • 1st payment – 50% down to secure web developer, graphic designer, and/or search engine marketing consultant.
  • Final Payment is due when the 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.

OPTION 5:

  • Per Payment Terms agreed upon outlined on Email Estimate and/or Invoice.

 

Payments & Late Fees

  • Clients that pay monthly & yearly on PayPal will automatically be billed with recurring payments. To stop recurring payments, you must do so from your own account and at least one month before payment is due. No paid invoice will be emailed out since you will receive a PayPal receipt.
  • Payment options are cash, check, or PayPal per written terms we agree upon.
  • Bounced check fee is $50 and payment terms will have to be renegotiated.
  • You will be emailed a Paid Invoice Receipt when paying in cash or check.
  • Payment is considered late after 15 days past the due date and a late fee at the going rate will be assessed.
  • If payment is more than 30 days late, we have the right to turn off any applicable services. We are willing to negotiate.
  • No refunds if the client doesn’t like the finished product, abandons, or delays the project.

 

DOMAIN & HOSTING

  • Scenario 1: For Website Design Packages purchased from iLocalEverywhere, we will register the domain and host your website. First-year is free. Once the website is live, iLocalEverywhere is responsible for downtime, 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, the cost of domain & host, technical support for the domain, website hosting, email, or other services relating to website hosting will be charged at a yearly going rate.
  • Scenario 2: If the Client chooses to be responsible for owning the 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 downtime, 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 the Client chooses to transfer ownership of Domain and Host to iLocalEverywhere at a yearly going rate, we will re-register Domain and Host your website in your own account on (https://dh.ilocaleverywhere.com).  The hosting package will be of your choice. iLocalEverywhere will be responsible for downtime, poor performance, or loss of data caused by the Domain and Hosting. Additionally, iLocalEverywhere will also be responsible for any bug caused by changes on the Host.

BACKUPS

The backup system is not intended as a solution for The Client, but 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.

Scenario 1: For Website Design Packages purchased from iLocalEverywhere or if the Client transferred ownership of Domain and Host to iLocalEverywhere, at a 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 the Client chooses to be responsible for owning Domain and Host, iLocalEverywhere maintains internal backups of active project code and design files if available.

SECURITY

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 COMPATIBILITY

iLocalEverywhere will develop your website on the WordPress platform using the DIVI theme unless otherwise agreed upon.  iLocalEverywhere will test the website on current versions of all major browsers including those made by Apple, Microsoft, and Mozilla. ILocalEverywhere will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way in the current versions of major browsers fore-mentioned. 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.

TECHNICAL SUPPORT

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. The Client will be notified of any technical issues that occur after the aforementioned actions. Technical issue fixes will be billed at a current hourly rate. The Client is responsible for any payment of theme, plugin, and/or widgets that they purchased and we installed. The expiration date of free support will be stated on the 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.

If the Client no longer wishes to receive support from iLocalEverywhere they must state so in an email. Once iLocalEverywhere receives email confirmation stating to terminate support.  The termination process will start. If the website was built on a DIVI theme, the Client is responsible for purchasing their own DIVI theme license. All support services described on the client’s invoice or MSA agreement will be terminated immediately.

ORIGINAL WORK

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 rights 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.

CONFIDENTIALITY

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 ARE DUE

iLocalEverywhere may use work in the Designer’s portfolio. iLocalEverywhere reserves the right to display and link to completed projects as part of their portfolio and to publicize the project. The client agrees that when asked, the Client must properly identify iLocalEverywhere as the creator of work. The 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.

CREATIVE VISION

The client agrees that iLocalEverywhere will complete work in the Designer’s creative style at the Designer’s sole discretion.

INDEMNIFICATION

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 the said infringement. The 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

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.

COPYRIGHT NOTICE

The Client acknowledges that they possess all rights to the content provided to iLocalEverywhere, including but not limited to client photography and copywriting and that none of this content infringes on the copyright of others.

CANCELLATION

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, the 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 the Client cancels the project completely and it has not started yet per iLocalEverywhere’s agreement, the Client’s payment will be refunded minus $50. If the Client cancels the project completely after the 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 30 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 the 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.

CONSULTING CONFIDENTIALITY

  • 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 the system all of the disclosing party’s confidential information (including copies) upon written request of the disclosing party.

Exceptions

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 remedies; 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 checkmark in the ‘terms & conditions checkbox
  • Your invoice indicating PAID and date & type of payment
  • Replying ‘YES I AGREE’ to the email proposal

Terms & Agreement Are Subject To Change Without Notice