WEBSITE TERMS & CONDITION

Last Updated: 11-05-2021

WEBSITE TERMS & CONDITION

The following terms and conditions apply to all Website Development Strategy / Design / SEO / PPC by The Business Toolkit unless stated differently in the invoice or the submitted proposal.

1. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts an estimate or pays an invoice or fixed price then the Client will be deemed to have satisfied themselves as to the applicable terms and have accepted these terms and conditions in full.Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

2. Charges
Charges for services to be provided by The Business Toolkit are defined in the project estimate and/or invoice and/or fixed package price. Quotations sent via email are valid for a period of 10 days. The Business Toolkit reserves the right to alter or decline to provide a quotation after a period of 10 days.

3. Phases Definition

  • Consultation Phase
  • Design Phase
  • Development Phase
  • Deployment Phase

4. Client Review
Once the original scope of work is completed it will be deemed as the “deployment phase”. The Business Toolkit will provide (10) days for the client to review and request revisions of the website unless agreed otherwise via written notice.Two rounds of revisions will be permitted. The Business Toolkit suggests that client should utilizeat least 72 hours to compile revisions and modifications to the draft. This allows client adequate time to process their full range of thoughts and collaboration with team-members.Failure to provide feedback or revisions within 10 days (unless agreed otherwise) will result in client website’s status becoming dormant and ineligible for further revisions. Client can make the website deployment live after 10 days without revisions. Client can pay a fee of $100 to be eligible for revisions after 10 days which would remove “dormant” status.

5. Payment
Web design and development will be paid in full for fixed price projects under $2,500.
Invoices for web design and development will be in 4 parts for projects over $35,000: 30% to get started, 30% after design deliverables, 30% after development deliverables and 10% upon final approval and the site is launched.
Invoices are sent via email and are due upon receipt.
Accounts that remain unpaid fifteen (15) days after the date of the invoice will be assessed a 5% service charge.
Payments for SEO and PPC are set up on recurring payments. An automatic recurring payment according to your invoice will be made every 30 Days (“Monthly Payment”) for renewal of your SEO or PPC services. You have the right to withdraw your consent to this Automatic Recurring Payment at any time. To cancel your Automatic Recurring Payment, email support@thebusinesstoolkit.com.

6. Additional Expenses
Client agrees to reimburse The Business Toolkit for any additional expenses necessary for the completion of the work. Such as services that go beyond the scope of work offered on fixed packages. Examples would be purchase of domain transfers, integrations/plugins, special fonts, product uploads, etc if requested by client.

7. Post-Deployment (LIVE) Expenses
The timestamp that a website is agreed to be deployed as live. the terms and conditions of services rendered are completed and permanent. Additional revisions or upgrades post-deployment will be billed at a fixed or hourly rate as agreed.

8. Web Browsers
The Business Toolkit makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers including Firefox, Chrome and Safari). Client agrees that The Business Toolkit cannot guarantee the exact same functionality with all browsers across different operating systems.
The Business Toolkit cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, The Business Toolkit reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

 

9. Termination
Termination of renewal of services by the Client must be requested in a written notice or email will be effective on receipt of such notice. Telephone or SMS requests for termination of services will not be honored until and unless confirmed in writing or emailed. The Client will be invoiced for all work completed up to the date of the first
notice of cancellation for payment. Upon termination, all assets would be transferred to
your responsibility.

 

10. Indemnity
All The Business Toolkit services may be used for lawful purposes only. You agree to indemnify and hold The Business Toolkit harmless from any claims resulting from your use of our service that damages you or any other party.

 

11. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants The Business Toolkit the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting The Business Toolkit permission and rights for use of the same and agrees to indemnify and hold harmless The Business Toolkit from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to The Business Toolkit that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

 

12. General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or full payment or payment of an advance fee constitutes an agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

 

13. Governing Law
This Agreement shall be governed by the courts of Miami, Florida.

 

14. Liability
The Business Toolkit hereby excludes itself, its Employees and/or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or

other cause in the production of the website; The entire liability of The Business Toolkit to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

 

15. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.