Terms and Conditions
Payment Obligations, Renewals, and Cancellations
- Website Development Payment Obligations: A down payment is required in order to begin development of your website. This is usually 50% of the upfront design fee unless an alternative contract or proposal specifies a different amount. The outstanding balance on your website is due after the design, navigation, and pages have been approved and built. Final payment is due regardless of whether all content for the pages has been sent by the client. This provision is in place to encourage the client to get content submitted promptly so that their site can go live. It also ensures that Mr. and Mrs. Smith LLC gets paid for performing their duty under the proposal, despite tardy content from the client. After payment, Mr. and Mrs. Smith LLC will still post outstanding content AT NO CHARGE for 3 months. In the event an “under construction” page is posted due to missing content, Mr. and Mrs. Smith LLC will post ONE copy of any text/pictures on existing pages only, for up to 3 months after the publishing date. After the three months have expired, content posted to the site will be billable at our current regular hourly rate. If design and navigation changes are requested after they have been specifically approved by the client, these changes will be billable at our current regular hourly rate.
- Website Development Cancellation: If site design and development work has already begun (such as creating a design concept), then the down payment is non-refundable. Mr. and Mrs. Smith LLC may elect at its sole discretion to offer a partial refund depending upon the circumstances.
- Stock Photography Payment Obligations: Stock photography includes most photos and/or images not provided by the client. Stock photography purchased on behalf of a client for use in website development is billable at a minimum of $10 per picture. This amount is separate from the amount quoted for website design and development. Some pictures are more expensive than $10, in which case we will solicit client approval and communicate the price before purchasing.
- Description of Ongoing Costs: There are 2 types of ongoing costs: domain registration and hosting.
- Domain name registration: This cost recurs annually. Domain name registration gives you exclusive rights to a certain name, such as www.mygroup.org, so that you can use it for your web-based purposes. You are NOT required to register a domain through us, but we strongly PREFER that you do. Many services are not honest in the way they sell names and we spend a lot of time helping people re-secure rights to the name they thought they had already purchased. If you have registered your own name, make sure you have yourself as the Registrant and Administrative Contact with a current, easily accessible email address. This will help to ensure that your domain can be renewed or transferred should the need arise. Domain name registration fees are not refundable.
- Hosting: This cost recurs annually. Hosting places the domain name on a particular server connected to the web, which allows you to post a website for viewing through a browser. You are NOT required to host through us, but we strongly PREFER that you do. Hosting comes with domain-based emails, bandwidth, storage space, database and security tools, and other features. Projects that involve custom programming must be hosted with Mr. and Mrs. Smith LLC to ensure the programs that we write will work. If you want to host your site on another server this must be disclosed before we begin programming.
- Hosting Renewal Payment Obligations: Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to Mr. and Mrs. Smith LLC fifteen (15) days before the renewal date that you do not wish to renew the account.
- Hosting Cancellation Payment Obligations: You may cancel at anytime. If you cancel before the first 30 days from the opening of your account, please refer to the details under “Limited 30-day Money Back Guarantee.” If you cancel after the first 30 days, you will be obligated to pay all fees accrued before the effective date of the cancellation. Mr. and Mrs. Smith LLC will refund the prepaid fees for basic hosting for the full months remaining after the effective date of the cancellation, less any prior fees, and an early cancellation fee of $25. Accounts that are terminated by Mr. and Mrs. Smith LLC for abuse or violations of internet standards or these terms and conditions will not receive any refund. All cancellations must be received in writing according to the deadlines indicated: regular mail and e-mail are acceptable. Phone requests will not constitute acceptance of any cancellation. Refunds will be issued back to you within 10 business days from your cancellation date.
- Hosting Transfer Payment Obligations: If you wish to transfer your hosting to another provider Mr. and Mrs. Smith LLC can, upon request, download your site onto a CD and mail it to you. The cost for this service is $50 per copy. FTP access to your site is not available for transfer purposes.
- Limited 30-day Money Back Guarantee on Hosting: If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a refund on your hosting fee excluding setup fees and time accrued from setup date. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been canceled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable.
- Sites NOT Hosted by Mr. and Mrs. Smith LLC : Should clients decide to host their site on another server, Mr. and Mrs. Smith LLC cannot guarantee the all elements of the site will work. Mr. and Mrs. Smith LLC will make a reasonable effort to research the problem on the foreign platform to let the client know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If Mr. and Mrs. Smith LLC believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. In most cases, fixing problems on a foreign hosting server is billable.
- Website Maintenance: There are no required maintenance fees other than domain registration and hosting. Most people do some work on their site every year, for which we offer several plans. We can make certain parts of the site updatable by you by implementing a custom Content Management System or installing a blog. For work we do on the site after going live, we charge on an hourly basis. If you expect that maintenance will be a regular occurrence, you can buy a prepaid maintenance contract that affords a discounted hourly rate. If need be, we can customize a maintenance plan for your particular needs, but no plan is required.
- Website Maintenance Payment Obligations: Depending upon the nature of the website changes, prepayment may be required. Should the client be invoiced after the changes are completed, the invoice is due upon receipt. If payment is not received within 30 days, the maintenance changes may be taken down until payment is received. After 60 days, there may also be a $35 reposting fee added to the outstanding maintenance invoice balance.
- Homepage Design – Once the site design is approved by the client, usually, via email consent, the design is considered ready for implementation. Should the client wish to make changes to a design they have approved, those changes are billable at our standard hourly rate.
- Navigation – Once site outline/map is approved by the client, usually via email consent, the site navigation is considered ready for implementation. Combined with the approved graphic design, this becomes the site structure. Once we build this structure per client approval, any subsequent changes are billable at our standard hourly rate.
- Content – Provision of content is the customer’s responsibility unless specifically negotiated ahead of time as part of the project proposal.
- Text content – Copy for all website pages and links needs to be delivered digitally and should be carefully proofread by the client. Two rounds of revisions will be provided free of charge. Subsequent revisions will be billable at our regular hourly rate.
- Copy development – Should the client wish Mr. and Mrs. Smith LLC to develop content for the site, website copy is billable at our regular hourly rate. Development of copy is accomplished via Mr. and Mrs. Smith LLCs Web Development interviewing the client about the topic areas to be addressed on their web pages. Mr. and Mrs. Smith LLC then composes appropriate copy, submits it to the client for review, edit, and approval. Approved copy is then posted to the web pages.
- Graphical content – Images outside of the website design must be provided in digital form or in a form that can be easily scanned unless otherwise provided for in the customer’s contract. Subsequent revisions will be billable at our regular hourly rate.
- Database Implementation – Entry of data for database applications is considered client’s responsibility. Entry of data by Mr. and Mrs. Smith LLC is billable unless otherwise provided for in the customer’s contract.
- Email – We offer free domain-based email accounts to our clients as part of any hosting contract. If the site is not hosted by Mr. and Mrs. Smith LLC, we take no responsibility for setting up and troubleshooting email problems.
- Training – For websites with administrative control panels or content management systems, two (2) one-hour training sessions will be provided.
- Technical Support – We offer local and long-distance phone support to our clients. We do not normally bill for technical support depending on the source of the problem, its severity, and our time invested. If Mr. and Mrs. Smith LLC is not the source of the problem, technical support may be billable.
Training and Tutorials
Because customer service is an integral part of our business strategy, all of our projects include a one-time complimentary training session for our clients to better make use of their new web technology. Additional training hours can be purchased at our standard hourly rate or applied against your existing maintenance contract.
Domain Transfers and DNS Management
For domains not originally registered with Mr. and Mrs. Smith LLC, there will be a $25 fee to either transfer to the domain into our registration platform, or to transfer out to another registrar. If your domain is not registered with Mr. and Mrs. Smith LLC, DNS management and troubleshooting tasks are billable at our hourly rate.
Websites with Proprietary Source Code
Should the client contract with Mr. and Mrs. Smith LLC to write custom code for a website application, this code is not transferable to a new developer or host. Custom written source code is considered the property of Mr. and Mrs. Smith LLC Web Development and cannot be shared with other developers. Clients are granted a license to use custom software code while on Mr. and Mrs. Smith LLC servers only. Mr. and Mrs. Smith LLC Web Development retains ownership of the code.
In some cases, Mr. and Mrs. Smith LLC will install software for the client’s use that has been built by a third party. Examples include WordPress blog software, FCK editor software, shopping carts, photo galleries, etc. In these instances, clients will be subject to the terms and conditions of the third party who owns the software and may use the software as a licensee only. No ownership rights of any kind are transferred to the client.
Access to or transfer of proprietary source code could result in a security risk to Mr. and Mrs. Smith LLC and its clients who are running similar pieces of code. To provide custom software development services, clients give us access to private and/or sensitive information, trade secrets, proprietary pricing, and business methods. If clients believed that we may be sharing this information with outside developers, they could lose faith that we are protecting their proprietary information. Therefore, neither access nor the transfer of any code built for any purpose that is unique and not commonly and publicly available can be granted. Should the client want us to build software to run on another server, it must be disclosed upfront and specifically contracted for.
Website components that ARE transferable to another host include HTML code, graphics, logos, pictures, navigation, text, and the data residing within a database (but not the code). Hourly fees will apply for any special work that needs to be done to transfer those parts of the website that do not violate the other paragraphs in this section.
Mr. and Mrs. Smith LLC Web Development maintains and troubleshoots the websites we develop for our clients, as well as any domain-based email accounts of those websites. We do NOT assume responsibility for upkeep or provide non-billable troubleshooting on our clients’ ISPs (Internet Service Providers), ISP-based email accounts, your home or office internet connections, or any other non-domain-based issues outside Mr. and Mrs. Smith LLC Web Development’s realm of service. Provision of non-domain-based troubleshooting services will be billable at our normal hourly rate.
SPECIFIC PR AGENCY TERMS OF BUSINESS:
All clients/advertisers/consumer projects and any website interactions are subject to the below terms and conditions.
Please read the Terms of Service of truechase.com completely which is owned and operated by Mr. and Mrs. Smith LLC. This agreement documents the legally binding terms and conditions attached to the use of the website.
By using or accessing the site in any way, viewing or browsing, or adding your own content (i.e. Online Profiles, etc.) to the site, you are agreeing to be bound by these Terms of Service.
Where content is specifically made available for redistribution, it may only be redistributed within your Mr. and Mrs. Smith LLC networks or with Mr. and Mrs. Smith LLC’s branding.
In these terms of Mr. and Mrs Smith LLC, the following words have the following meanings:
“Client” refers to the company/person purchasing/using Mr. and Mrs. Smith LLC services.
“Services” refers to the services to be provided by Mr. and Mrs. Smith LLC which are the subject of an order between Mr. and Mrs. Smith LLC and the client.
ACCEPTANCE OF USE OF SITE
By agreeing to the Terms and Conditions as set out in this document, you undertake to use the website to the benefit of both parties. As such, you must not use this website in any way that causes or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
Access to certain areas of this website is restricted. Mr. and Mrs. Smith LLC reserves the right to restrict access at the discretion of Mr. and Mrs. Smith LLC.
If Mr. and Mrs. Smith LLC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Mr. and Mrs. Smith LLC may disable your user ID and password at Mr. and Mrs. Smith LLC’s sole discretion without notice or explanation.
PROVISION OF THE SERVICES
Mr. and Mrs. Smith LLC shall provide to the client the services; and perform the services with a reasonable level of skill and care by a degree of skill, diligence, prudence, and foresight which, as at the relevant time, would reasonably be expected from a skilled and experienced supplier of PR services seeking in good faith to comply with its contractual obligations.
Mr. and Mrs. Smith LLC shall without the agreement of the client be entitled to make operational changes to the services that have no material adverse effect on the services. Mr. and Mrs. Smith LLC guarantees that the services supplied by it shall comply with the specification contained in each contract and the absence of any such specification shall comply with Mr. and Mrs. Smith LLC’s appropriate specification.
Third-party products supplied and/or sublicensed by Mr. and Mrs. Smith LLC as part of the services will be supplied by the relevant supplier’s applicable terms. The client agrees that it will at all times comply with the provisions of such standard terms.
The client shall make available to Mr. and Mrs. Smith LLC certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on-site. Mr. and Mrs. Smith LLC shall display the materials on its website prominently and as it sees fit, provided that the manner of display shall be subject to the terms and conditions of this agreement. Mr. and Mrs. Smith LLC shall also include a link from the promotional material to the client’s website, as specified by Mr. and Mrs. Smith LLC.
Mr. and Mrs. Smith LLC has the right to publish all promotional materials produced by the client on its desired choice of websites, blogs, and/or social media for as long as the client and Mr. and Mrs. Smith LLC are in a legally bound agreement or until the intended date of termination of the contract.
Mr. and Mrs. Smith LLC has the right to refuse to publish the work of the client should it believe that the information produced is not according to its standards. Mr. and Mrs. Smith LLC expects the client to produce content that is considered to be original, free of copyright, and interesting to Mr. and Mrs. Smith LLC.
The client hereby grants Mr. and Mrs. Smith LLC a nonexclusive, non-transferable license (the ‘License’) to use the promotional materials as specified under the terms and conditions of this Agreement. The terms of the License shall expire upon the expiration or termination of this Agreement.
LIMITATION OF LIABILITY
Mr. and Mrs Smith LLC shall not in any circumstances be liable (whether under the law of contact, the law of torts, or otherwise) to the contents, and use, of the website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Further, Mr. and Mrs Smith LLC shall not be held liable to the client in respect of any:
- loss of profits; or
- loss of contracts; or
- loss of revenue or goodwill; or
- type of special, indirect, or consequential loss, business interruption or loss of or damage to business information or data whether in contract, tort (including but not limited to negligence) or otherwise and whether or not suffered as a result of an action brought by a third party, even if such loss was reasonably foreseeable or the client had been advised at any time of the possibility of the client incurring the same.
For the avoidance of doubt, Mr. and Mrs. Smith LLC shall not be liable to the client or be deemed to be in breach of these Terms of Business because of any delay in performing, or any failure to perform, any of its obligations under these Terms of Business, if the delay or failure was due to any cause beyond Mr. and Mrs. Smith LLC’s control, due to any instructions given by the client or in any delay caused by the client.
Mr. and Mrs. Smith LLC shall not be responsible in contract or tort (including, but not limited to, negligence) or otherwise for the unauthorized access to, or alteration, theft, or destruction of emails, files, programs, or information of the client by any person (other than Mr. and Mrs. Smith LLC) through accident or by fraudulent means or devices where Mr. and Mrs. Smith LLC has exercised that degree of skill, diligence, prudence and foresight which, as at the relevant time, would reasonably and ordinarily be expected from a skilled and experienced supplier of information technology services seeking in good faith to comply with its contractual obligations in providing the services to prevent such activities.
INTELLECTUAL PROPERTY RIGHTS
The site and all of its original content are the sole property of Mr. and Mrs. Smith LLC and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws.
The ownership of and sole right to, any intellectual property right in any materials produced by Mr. and Mrs. Smith LLC under any contract with the client shall be vested absolutely in Mr. and Mrs. Smith LLC from the outset.
BREACHES OF TERMS AND CONDITIONS, AND TERMINATION
If the terms and conditions are breached in any way, Mr. and Mrs. Smith LLC may take such action as it deems appropriate to deal with the specific breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your Internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Further, should termination occur where a contract is for the provision of the services over a period of time, a contract may be terminated by either party giving to the other one month’s written notice provided always that if the client terminates the contract they shall:
- pay immediately all outstanding sums due to Mr. and Mrs Smith LLC; and,
- be responsible for all costs and expenses incurred by Mr. and Mrs Smith LLC in respect of any uncompleted service and be liable for one month’s fees, whether or not the activity is required from Mr. and Mrs Smith LLC for the client during this period;
The client shall indemnify Mr. and Mrs. Smith LLC in respect of all damage, injury, or expenses occurring to any person, firm, company, or property and against all actions, suits, claims, demands, charges, or expenses (including without limitation legal expenses and any amounts paid by Mr. and Mrs. Smith LLC to a third party in settlement of a claim or dispute on the advice of Mr. and Mrs. Smith LLC legal advisers) in connection therewith for which Mr. and Mrs. Smith LLC may become liable in respect of any breach of contract or respect of the services sold under any contract. In particular, it is stressed that the client is responsible for all copies, slogans, words, or methods supplied or suggested by it to Mr. and Mrs. Smith LLC, and also such items approved by it after a suggestion by Mr. and Mrs. Smith LLC and therefore such indemnity shall extend to claims for copywriter or patent infringement, libel or other defamation.
This website is provided “as is” without any representations or warranties, express or implied. Mr. and Mrs. Smith LLC makes no representations or warranties about this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Mr and Mrs Smith LLC does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes or is meant to constitute, advice of any kind. If you require advice about any entertainment, fashion, or lifestyle matter you should consult an appropriate professional.
Neither these Terms of Business nor the benefit of the services may be assigned or transferred by the client whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of Mr. and Mrs. Smith LLC. No such assignment by the client howsoever occurring shall relieve the client of its obligations hereunder.
Mr. and Mrs. Smith LLC may assign all of its rights and obligations under this Agreement to a third party without the prior consent of the client, and the client shall execute such novation agreements as Mr. and Mrs. Smith LLC may reasonably request to effectively document the transfer such rights and obligations.
If any provision of these Terms of Business contained herein shall be determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms and conditions of these Terms of Business which shall continue to be valid and enforceable to the fullest extent permitted by law.
You accept that, as a limited liability entity, Mr. and Mrs. Smith LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Mr. and Mrs. Smith LLC’s offices or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Mr. and Mrs. Smith LLC’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Mr. and Mrs. Smith LLC.
LAW AND JURISDICTION
All parties hereby agree that these terms and conditions are construed by Kentucky, USA, and hereby submit to the [non-]exclusive jurisdiction of the courts of Kentucky, USA.
Mr. and Mrs. Smith LLC reserves the right to modify these Terms of Service at any time. Your decision to continue to visit and make use of the website after such changes have been made constitutes your formal acceptance of the new Terms of Service.
Therefore, you should check and review this Agreement for such changes on an occasional basis. Should you not agree to any provision of this Agreement or any changes we make to this Agreement, we ask and advise that you do not use or continue to access this website immediately.