It is the sole responsibility of the client(s) to settle and/or full-fill any and all pre-existing obligations to any/previous services providers. PWM will not be held responsible for any pre-existing obligations and any claim or suit resulting from providing services to the client(s). Once client(s) has transferred domain(s) and/or hosting services to PWM, client(s) are responsible for contacting existing or previous providers to cancel services. It is the Client(s) responsibility to check proofs/designs/development carefully for accuracy in all respects, ranging from spelling to website malfunctions. PWM is not liable for errors or omissions in client provided content. Client(s) cannot solicit and/or work with, in any capacity, with PWM’s contractors or employees, to be contracted/hired for any work that PWM is unaware of and that has not been approved without PWM’s written consent. Client(s) contracting/ hiring our contractors or employees for similar services, that PWM offers, without our approval would be a direct conflict of interest between PWM and it’s contractors/employees.
Copyrights, Trademarks, etc.:
The client(s) represents to PWM and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to PWM for inclusion in Web pages are owned by the client(s), or that the client(s) has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend PWM from any claim or suit arising from the use of such elements furnished by the client(s). Ownership of the assembled work of Web pages produced by PWM is owned by PWM. Once client(s) has paid for services in full all rights owned by PWM as to designs, graphics, code, domain(s), photos, files, and text are assigned to the client(s).
Mobile platform based off open source coding. PWM does not guarantee that mobile platforms or scripts will function properly on all cell phone/mobile devices. PWM does not guarantee that QR codes generated will scan properly every time and work on all cell phone/mobile devices. Updates to your mobile site may incur additional hourly billing.
Should the Client(s) or PWM choose to discontinue this contract during the design process, the initial deposit is non-refundable. Domains/consulting/email configuration/services/applications fees may apply if not stated in the agreement. Unless otherwise stated, contract terms do not include programming and flash development. If any payments are not received within 30 days of due date, PWM reserves the right to suspend the web site, domain, and website content transfer until payments have been brought current. Should client(s) not provide text or photographic content within one week from requested time, PWM reserves the right to generate text content or to use stock photography for web page(s), copy writing fees my apply. Any and all payments are final and non-refundable. Unless otherwise specified, all subsequent balances due are payable upon final project, phase or milestone completion. We reserve the right to refuse completion or delivery of work until past due balances are paid. If we must retain attorneys to collect our invoices Client(s) agrees to pay to PWM any charges incurred by PWM in causing Client(s) to comply with the terms of the agreement and these terms and conditions. This includes reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law. These charges shall be payable upon demand.
Timelines, Maintenance, Graphic Design and Development:
Any and all graphic designs are limited to up to two conceptual designs unless otherwise stated. All timelines are an estimate and are not guaranteed. Updates and maintenance will be done as soon as possible and will based on PWM workload and size and complexity of updates. Larger or more complex updates may take additional time to complete then more minor text updates. Basic Maintenance & Updates are defined as basic text and/or picture changes. Additional development, graphic re-design or re-structuring of layouts are not included as part of Basic Maintenance & Updates. PWM may choose to utilize open source or paid third-party software, platforms, or scripts, and can not be held accountable for any damages that result from security holes, breaches or intrusions. As a standard default option offered as part of ecommerce websites, PWM provides Paypal as a payment processing tool. Ecommerce websites also includes PWM offering Client(s) the ability to add products and will provide training to do so. Should Client(s) need/want different payment processing solutions and/or the need for PWM to add products, extra fees may apply. All written and verbal timelines/goals are estimated and are not guaranteed.
Search Engine Optimization (SEO)
Search Engine Optimization is not an exact science. PWM makes no written or implied guarantees to any specific search engine rankings or result positions that may be achieved, or to the level of visitation that may be developed.
SEO Time Schedule:
ONCE OPTIMIZATION IS COMPLETE; SEARCH ENGINE RANKINGS ARE NOT INSTANTANEOUS. Existing Domains: Search engines will usually index Web site(s) within 2 to 4 weeks after optimization is implemented. Rankings will usually show within 4-10 weeks after optimization is implemented. New Domains: Web site can take up to 6 months to be indexed and ranked after optimization is implemented.
Hosting, Email and Domain(s):
Should client(s) choose to use PWM for hosting services, PWM will host client(s) web platforms on PWM server(s) and provide reasonable size Web hosting, email accounts and bandwidth limitations. Each website host account can be limited to a maximum of (10) gigabytes and each email account limited to a maximum of (500) megabytes. Should client(s) Web platforms exceed the reasonable limitations set by PWM, PWM will discuss further options with client(s) and additions fees may apply. Email may be hosted via Google servers. Should client(s) choose to have PWM register domain(s), PWM will purchase domain(s) under PWM’s registrar account. Should client(s) choose to purchase and/or maintain any existing domain(s) on their own, client(s) is responsible for maintaining and purchasing/renewing the domain(s).
Any attempts to undermine or cause harm to a Pro Web Marketing, LLC server or subscriber of Pro Web Marketing, LLC is strictly prohibited. Any violation of these Terms of Service will result in termination of the account. Pro Web Marketing, LLC maintains the right to terminate accounts without prior notification.
Maintenance and Downtime:
Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades; or service malfunctions, and causes beyond Pro Web Marketing’s, LLC control or which are not reasonably foreseeable by Pro Web Marketing, LLC, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Pro Web Marketing, LLC has no responsibility and cannot be held liable for any downtime of any platforms and/or email accounts or processes. While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
It is the sole responsibility of the subscriber to maintain the subscriber’s own backup of any data Pro Web Marketing, LLC is not responsible for lost data. Pro Web Marketing does not operate on weekends or major holidays. We are unable to return communication during these times.
Regardless of the place of signing of this agreement, the client(s) agrees that for purposes of venue, this contract was entered into in Grand Traverse County, Michigan, and any dispute will be litigated or arbitrated in Grand Traverse County, Michigan. The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.