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Terms and Conditions
1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development and apply to all contracts and all works undertaken by TrueForm Marketing® for its clients.
Please read this carefully before using our site, services, products. This agreement (“Terms and Conditions“, “T&C“, “ToS“) is a legal contract between you (“you”) and TrueForm Marketing (“Company“, “we“, “us“) over your use of our website located at trueformmarketing.com (“Website“).
These T&Cs apply to the services available from and related to the Website, including without limitation any Company-owned or third-party communication channels accessible from or related to the content of the Website (together with the Website, the “Services”).
2. OUR FEES AND DEPOSITS
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
3. SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with an agreed specification. Such materials may include but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged at the rate of $150.00 per hour.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
6. APPROVAL OF WORK
On completion of the work, you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
7. REJECTED WORK
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.
9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names, and trademarks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
11. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practice.
12. CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Webilicious ® under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
16. ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third-party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply your account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
19. GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of New Hampshire. You and TrueForm Marketing ® submit to the non-exclusive jurisdiction of the courts in and of New Hampshire in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
20. CROSS BROWSER COMPATIBILITY
By using current versions of well-supported content management systems such as “WordPress”, endeavor to ensure that the websites we create are compatible with all current modern web browsers such as the most recent versions of Edge, Firefox, Google Chrome, and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify TrueForm Marketing® and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
22. Changes to the Website and its Services
The Company may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely, or change and modify prices for all or part of the Services at our sole discretion.
All of these changes shall be effective upon their posting on our site – your use of the Services following such event constitutes your acceptance of the T&C as modified.
The Company reserves the right to amend and alter these Terms and Conditions. In such event, the Company will post the amended Terms and Conditions on this Website. Changes will apply from the date of posting.
As the Company grows and improves, we might have to make changes to our Website and/or our T&C, including the discontinuing of certain services, amending of prices, products and so on. Hopefully, this will be a benefit to you – but please always double check this document before using our Services.
23. Your Personal Data
Privacy matters to us. We want to look after your personal data should we need to store it and retain it, while also giving you all the possible tools to access, update, download and delete it should you wish to do so. GDPR is a great thing. Let’s be friends.
24. Your Use of this Website
You must not use this Website for anything that is unlawful or is prohibited by these T&C and/or any notices elsewhere on this Website.
The Company advises that you seek professional advice before relying on any information on this Website. Under no circumstances will the Company be liable in any way for any information it provides on the Website or through the Services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, photographs, graphics, video or other material (also known as “Content”), or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
You represent and warrant to Company that you are of legal age to form a binding contract or have your parent’s permission to do so. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
If you link to the Website, we may revoke your right to so link at any time. We reserve the right to require prior written consent before linking to the Website.
You will indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these T&C, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
25. Your Website Account
In order to register an account (“Account“) on this Website, you need to either:
a) provide your name and email address and become a subscriber of this Website (“Subscriber“) to gain access to the private content on this Website you’ve requested access to
b) complete the Checkout by providing billing details and become a customer of this Website (“Customer“) and access the Services you’ve purchased, including free products
You must provide true, accurate, current and complete information about yourself when completing the forms. If any information provided by you is not true, accurate, current and complete, the Company has the right to cancel your account and refuse any and all current or future use of this Website.
Account registration requires at least your first name and a valid email address. Your username (“Username“) and a secure password (“Password“) will be emailed to you.
The Company reserves the right to cancel your Username and Password without notice if the Company becomes aware of any breach of these T&C by you.
Once the Company has sent you a confirmation email you will become a member (“Member“, i.e. either a Customer or a Subscriber who has an Account on this Website) and will be able to access the Services available via the Website.
You may cancel your Account at any time. Please contact us at [email protected]
You might need to register an account in order to access our Services or your order history. Either way, thanks for becoming a Member of TrueForm Marketing. You can now log in to your dashboard, access your data and even cancel your account if you wish.
26. Purpose, Refunds, Payments, and Taxes
The Company enables Users to buy services online including but not limited to coding projects, online courses, sponsorships, guest posting, advertising, memberships.
You are required to pay in advance before gaining access to the Services. All payments are non-refundable.
The Company reserves the right, in its absolute discretion, to determine your eligibility for any discounts, and to withdraw or to modify a discount program at any time without prior notice and with no liability.
You are responsible for paying any taxes, including any goods and services or value-added taxes, which may be applicable depending on the jurisdiction of the services provided.
Depending on your residence or location, you may be subject to certain ad valorem or other taxes (for example, VAT in Europe), on certain fees that we charge. These taxes will be added to fees billed to you, if applicable.
You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.
We never store credit card numbers, as transactions are securely looked after by PayPal and Stripe.
Please note we make no refunds. We’re a small business and we only wish to work with serious people like you – instead, we offer guarantees, warranties, and quality work. Should you wish to learn more please reach out at [email protected]
27. Third Party Content and Services
The Company is not an agent of any third party or any party named or linked to this Website (“Third Parties“) and does not have any authority to act for such Third Parties. The Company does not control or endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such Third Parties.
You agree that we are not responsible for the availability or contents of any such third-party sites, or the services they provide, which shall be governed by the Terms and Conditions of that third-party business. Your use of third party sites and services is at your own risk. You agree to comply with the relevant terms and conditions of any such third party service provider.
You agree that (to the maximum extent permitted by applicable law) the Company (and our officers, directors, and employees) shall have no liability to you in relation to any dispute which you may have with a Third Party, without limitation one or more of your customers, and/or any other users of this Website.
On top of not fully relying on our own Content, you should also not rely on any Third Party content you might find on this Website. We do our best to seek quality, however, we’re not a WooCommerce bible. Please, always be careful, no matter what website you’re looking at!
28. Intellectual Property
You acknowledge and agree that all Content provided on the Website or through the Services is protected by copyright.
You shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you without prior written consent.
It’s quite simple. Please respect our work. Don’t copy. We spend hours every week to provide a great service to the WooCommerce community, so it would be unfair (and illegal) to find out someone is misbehaving. Thank you!
Without prejudice to any remedy that the Company may have against you, the Company may terminate or suspend with immediate effect and without notice, your access to and use of this Website if:
- It does not receive timely payment;
- It reasonably believes that you have breached any of these Terms and Conditions;
- It is unable to verify the accuracy or validity of any information provided by you;
- Or it suspects fraudulent, abusive or illegal activity by you.
Should you object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this Website in any way, your only recourse is to immediately discontinue to access or use this Website.
We hope this won’t ever happen. However, if we find out you’re not following these T&C, we might decide to terminate this contract with you. Please be nice and we’ll love you back. 🙂
30. Warranty Disclaimer and Limitation of Liability
The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no control over, and no duty to take any action regarding:
- which users gain access to the Services;
- what Content you access via the Services;
- what effects the Content may have on you;
- how you may interpret or use the Content;
- or what actions you may take as a result of having been exposed to the Content.
You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain or direct you to websites containing, information that some people may find offensive or inappropriate.
THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU FOR THE SERVICES PURCHASED THROUGH THE WEBSITE DURING THE SIX-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (V) FOR ANY ACTIONS OF, OR SERVICES PROVIDED BY, THIRD-PARTY SERVICE PROVIDER BUSINESSES OR INDEPENDENT CONTRACTORS PROVIDING SERVICES ON BEHALF OF THE COMPANY.
This is legal stuff and honestly, we don’t understand why it needs to be all in CAPS… However, this statement is required by law! Basically, if something happens to you or your business because of a little bug in our snippets or something you read on this Website, we cannot be held liable for that. Please be careful, and contact us if you’re not 100% sure.
Whilst the Company will try to provide you with uninterrupted access to this Website and its Services, the Company may need to withdraw, modify, discontinue or temporarily or permanently suspend one or more aspects of this Website where the Company has a legal, technical or other good reason to do so (including technical difficulties experienced by the Company or any Internet infrastructure). However, The Company will try, wherever possible, to give reasonable notice of the Company’s intention to do so.
The Company reserves the right to withhold, remove and/or discard any Content available as part of your account, with or without notice if deemed by the Company to be contrary to these Terms and Conditions.
If the Company fails to exercise or enforce a right under the Terms and Conditions that failure shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected. The parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
Each party acknowledges that on entering into these Terms and Conditions, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to these Terms and Conditions or not) except those expressly set out in these Terms and Conditions.
Unless expressly provided in the Terms and Conditions no term of them is enforceable by any person who is not a party to it.
Following from the previous section, these are once again important rules in regard to liability. Always be careful. Always contact us before doing anything if you’re not 100% confident. We’ll help 🙂
32. Contact / Feedback
If you have any questions about this Agreement or if you wish to report breaches of this Agreement, please contact us by emailing us at [email protected].
Ah – and thanks for reading the whole document. You’re one of the few who understands the importance of legal contracts and does things carefully. For that reason, you deserve respect! And lots of luck! 🙂 Thank YOU!