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Terms and Conditions
Terms and Conditions
Anonymous Intelligence Inc. (DBA Speed Limit Media) Terms of Service and Policies
Speed Limit Media 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, Anonymous Intelligence, Inc. ("Speed Limit Media") 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 Speed Limit Media for website design, 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 Speed Limit Media services and helping clients decide if they want to hire Speed Limit Media to perform services. If a prospective client asks Speed Limit Media 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.
Speed Limit Media only accepts compensation in US dollars. Speed Limit Media does not accept trade for the services that a client might offer; this includes partnerships in a client's business. Speed Limit Media accepts payments via credit cards/debit cards/ echecks through PayPal and accepts checks on a case-by-case basis.
Communication with Clients
All communication with clients is typically done via phone, email, or online chat, and is billable time.
Initial Payment for New Website Design
Until Speed Limit Media receives the initial payment, the assumption is that prospective clients are still shopping around for a website designer. Initial payments are a client's way of telling Speed Limit Media they have engaged Speed Limit Media to do work. For new websites, an initial payment for 50% of the projected design cost is required. This payment is non refundable. Once initial payment is received, the client is put into the work queue. So if you would like Speed Limit Media to start working on your website ASAP, please make the initial payment to get into the queue. Time projections and due dates will be discussed before payment is required and may very per client. Typical web design takes 30 to 45 days depending on the size and scope of the job.
All payments are due upon receipt of invoice. Invoices are sent via email, monthly accounts are billed on the 17th of each month and are due on the 1st of the following month. 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, that clients account could be suspended until payment has been received. The client may be required to pre-pay for any future maintenance requests.
Our billing system is automated, and credit/debit cards are required for monthly services. You will be invoiced on the 17th of each month and automatically debited on the 1st of each month unless other arrangements are made ahead of time.
Termination of Project and Refund Policy
If, at any time, a client would like to terminate the project, Speed Limit Media will refund any unused hours, less the deposit. Please note that there are no refunds for time spent working on a client's website.
Speed Limit Media may also terminate projects for clients who become unresponsive (not returning emails or phone calls). Any unused payment will be refunded, less the deposit. Clients who cannot be reach by phone or email for a period of 30 days will be considered unresponsive, and all work shall cease and the account will be shut down and archived for six months before deletion.
How The Queue Works
When a deposit is received from a new client, the client is put at the end of the queue. As current projects are completed, Speed Limit Media will go through the queue, in order of date of deposit received, and check to see if clients are ready to start the design phase. If they are not ready to start, Speed Limit Media will move to the next client in the queue.
This process works the same for all technical support issues. Each technical support issue will be put into a queue and attended to in the order received.
New Website Design vs. Maintenance
When working on a new website design, clients are billed per build. 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.
All Speed Limit Media hosted clients are entitled to technical support for their accounts. Technical Support consists of a client submitting a "ticket" at our website explaining the issue that they are facing. Tickets are also required for all content updates, changes to websites, requests for infomormation and alterations to accounts.
Speed Limit Media will no longer take calls to personal cell phones of employees to work on websites or accounts. Phone support will be offered during business hours (Monday through Friday from 8am to 5pm CST excluding holidays). You may be required and informed during this call to submit a ticket online to ensure that your issue is properly documented and handled in the order it was received.
Speed Limit Media will no longer accept technical support issues and website change requests directly via email. You will be required to submit a ticket online at our website to ensure that your request is properly documented, and handled in the order it was received.
Ownership of Files
Speed Limit Media is compensated for work by an hourly fee or a flat rate for website design. 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 Speed Limit Media Web Design 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 Speed Limit Media Web Design in advance. If you do change the code yourself, you do so at your own risk, and the files on Speed Limit Media Web Design's 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 Speed Limit Media Web Design, or you should change your FTP permissions so that Speed Limit Media Web Design no longer has access to your files.
Speed Limit Media has an automated billing system that the client should familiarize themselves with. You can access it by going to our website and clicking on Billing and Accounts. You will be required to login, if you do not have your login, please use the Forgot password link to gain access. You can access your billing account, invoices, services and profile information here.
If you are a business hosted client and are supplied with a Control panel, or Cpanel. You can access your Control panel by going to http://www.yourdomainname.com/cpanel and logging in. If you do not have your login, please submit a ticket at http://speedlimitmedia.com and we will re-issue you a login for your Cpanel. Here you can access and control your email addresses, web stats and much more. Dedicated Server Clients will not be provided with direct access to Cpanel or FTP for security reasons.
Since Speed Limit Media bills hourly for services, and the output of our work is immediately uploaded onto client's webservers, Speed Limit Media 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 Speed Limit Media may keep backup copies of work for its convenience, Speed Limit Media does not guarantee to keep client files for any length of time. You can create and download backups from Cpanel at any time. You may purchase a managed backup service for $59.99 per month which will backup your entire account daily with a retention of 7 days. In case of catestrophic failure your account can be restored from the latest successful backup.
Security and Firewall
Speed Limit Media works to keep security protocols in line with todays technology. However there are unsavory characters that will attempt to do harm to your website, gain access to files and do damage. Speed Limit Media is not responsible for damage caused by third party hackers and any and all repairs needed will be billed at our standard hourly rate of $75 per hour. Each incident will be looked at very carefully and you will be informed of the type of attack performed, and the damage it caused. In some instances it may be as simple as replacing a backed up file and fixing a vulerability, and in other cases, it may require more extreme measures such as wiping the your account clean and restoring a backup. No website or server is infallible. You may purchase a software firewall at $60 per year, or a hardware firewall (for dedicated servers only) at $60 per month. Hardware firewalls are a solid option for security which can slow down or stop DDos attacks, and Botnet attacks. If you are in need of more extreme security, please contact us for a customzied quote.
Domain Registration and Domain Hosting
Selecting a domain registrar and domain host are the responsibility of the client. Speed Limit Media is happy register domains for you at a cost of $9.99 per year. Domains are automatically renewed and billed each year unless you specify otherwise.
ECommerce, Online Stores, Shopping Carts
In addition to hourly design rate, clients are responsible for all peripheral costs related to setting up ecommerce on their websites, which include, but is not limited to, the following costs: ecommerce software, after-market modifications to the ecommerce software, 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).
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
Speed Limit Media strives for excellence and wants all clients to be delighted with their experience with Speed Limit Media Web Design. To this end, all prospective clients and their projects are screened to ensure a good fit with Speed Limit Media's skills and philosophy. Speed Limit Media in its sole discretion reserves the right to decline providing web services to anyone who is not a good match. Speed Limit Media 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. Speed Limit Media will ask you questions about the nature of your business. If Speed Limit Media 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 Speed Limit Media Web Design in The Footer and Adding Your Site To Speed Limit Media's Portfolio
Speed Limit Media is proud of its work, and will typically add a link to its website in the footer of all client websites. For a blog integration, only the blog's pages will be labeled. Speed Limit Media 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 Speed Limit Media Web Design and your website will be removed from Speed Limit Media's portfolio. Removal of this link also indicates that you no longer wish to have Speed Limit Media Web Design 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.
Initial Build projects that go 14 days without content after it is requested, will be billed the remainder of the build fee. It is up to the client to provide the content when it is requested unless other arrangements have been made ahead of time. We will upload your content when we receive it from you, however you will be responsible to pay the remainder of the build fee.
Speed Limit Media 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 Speed Limit Media. 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 Speed Limit Media 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.
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 Speed Limit Media 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 Speed Limit Media 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 Speed Limit Media, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Speed Limit Media's service will be error free; nor do they make any warranty as to the results that may be obtained from having Speed Limit Media do website development or consulting work.
Search enginesâ€”such as Googleâ€”have their own proprietary algorithm for ranking websites for particular keywords, it is impossible for Speed Limit Media to guarantee any particular ranking for your website. It is likewise impossible for Speed Limit Media to guarantee that your Google AdWords campaign will create adequate and high quality traffic for your website. While Speed Limit Media strives to increase traffic to your website by following Google Quality Guidelines, there are many factors beyond Speed Limit Media's control that impact your website's ranking and subsequent traffic. Therefore Speed Limit Media does not guarantee any particular search engine ranking or website traffic.
In no event shall Speed Limit Media 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 Speed Limit Media'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 Speed Limit Media.
Under no circumstances, including negligence, shall Speed Limit Media 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 hackers, malicious behavior, 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 Speed Limit Media.
Customer agrees that it shall defend, indemnify, save and hold Speed Limit Media harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Speed Limit Media, 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 Speed Limit Media Web Design against Liabilities arising out ofâ€”
1. any injury to person or property caused by any products sold or otherwise distributed in connection with a website designed or maintained by Speed Limit Media;
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 Speed Limit Media Web Design;
5. any action taken by Customer as a result of consulting with Speed Limit Media.
In any such indemnification action, Speed Limit Media shall have the right to engage its own counsel.
Nov 05, 2009
Copyright 2010 Anonymous Intelligence, Inc.