Terms of Use for Excellent Presence

Between:

Company: Excellent Presence
Owner: H.T. Major
Address:    505 Oberlin Rd., Ste.  110 #10023, Raleigh, NC 27605

And You:   Client/Customer

Your use of our services indicates your agreement to the following.

Summary:

We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what, and what happens if something goes wrong.  In this contract, you won’t find complicated legal terms, or large passages of unreadable text.  We have no desire to trick you into signing something that you might later regret.  We do want what’s best for the safety of both parties, now and in the future.

In Short:

You ___________ (client name) are hiring myself (H. T. Major) and the Excellent Presence team (“Us”), to update, maintain, design, support, and develop a website for the project rate as outlined in our previous communications. Any services outside of the established project rate are billed at the agency rate of $200/hr. Of course it’s a little more complicated, but we’ll get to that.

What do both parties agree to do?

As my client, you have the power and ability to enter into this contract on behalf of your company or organization.  You agree to provide us with everything that we need to complete the project including text, images, and other information as and when we need it, and in the format that we ask for.  You agree to review our work, provide feedback, and sign-off approval in a timely manner too.  Deadlines work two ways, and you will also be bound by any dates that we set together.  You also agree to stick to the payment schedule set out at the end of this contract.

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner.  Along the way, we will endeavor to meet all the deadlines set, but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage.  On top of this, we will also maintain the confidentiality of any information that you give us.

Finally, please know that we do not work on weekends or holidays, and while, as independent contractors with many clients, we certainly keep unusual hours, we generally communicate with clients between our posted business hours of 9AM to 4PM Monday thru Friday.

 GETTING DOWN TO THE NITTY GRITTY

What’s Included: Websites

We agree to handle the design, development, and installation of your website and all managed functionality, including the standard set of recommended add-ons or plugins for business sites (i.e., for SEO management, automated website backups, to provide security/hacker protection, speed load time, report traffic statistics, etc.).  We also agree to handle, under the standard hourly rate, anything else upon which we have previously settled in writing, such as any custom functionality or programming, as well as the research, contracting for, and installation of same.

You agree that, in order to streamline communications and save time when building or supporting your website, we may contact third party providers on behalf of your company, from a Tech@YourCompany.com email forwarder.  This is also your designated email address for your company to write us whenever you have needs under this contract.

Project Scope: Website

The ability to complete your project depends upon the successful completion of one or more preparatory stages, particularly when it requires custom programming, add-ons, applications, or functionality that must be packaged, built, compiled, organized, or researched.  Should you cancel your Web project, or any add-ons you’ve ordered, before your request is fully completed, you still agree to reimburse us, and to be held fully responsible, for all expenses incurred and hours worked on your project through the date and timestamp of your emailed cancellation appeal.  Should you request it, we can provide proof of expenses incurred as either receipts or detailed time logs, at our discretion, as best fits the request.

Text Content

We may have written a best-seller but we’re not responsible for writing or inputting any text copy unless we specified it in the original estimate.  We’ll be happy to help though, and in addition to the estimate, we will charge you $200 per hour for any copywriting services you may need.  Please know that refreshing, rewriting, and/or proofing/editing existing copy all fall under the scope of “copywriting services.”

Photographs

You may either supply us photographs in high-resolution digital format, or if you choose to buy stock photographs under this agreement, we can select them for you from our preferred providers.  Stock photographs licenses are billed separately and included on your invoices as expenses.  The time we spend searching for appropriate photographs will be charged at the hourly project rate.

Changes and Revisions

We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work.  We don’t want to limit either your options or your opportunities to change your mind.  If you do want to change your mind about the scope of the project, that won’t be a problem.  You will simply be charged the hourly rate listed previous.  Along the way, we will generally ask you to put requests in writing, so that we can all easily keep track of changes and project specifications.

Technical Support

You may already have professional website hosting, and you may even manage that hosting in-house.  If that’s the case, great.  If you don’t manage your own website hosting though, you may either host with us, or we can set up an account for you at one of our preferred, third-party hosting providers.  If so, we will charge you the standard hourly project rate for installing your site on their servers.

Following that, so long as you’ve chosen to host with us, the updates to and management of that server, plus any support issues related to the design, maintenance, updating, and development of your site, including the management of email and all other general hosting matters, will be billed at the standard hourly project rate.

You may, of course, use any Web host you choose.  Please understand, though, that if you use a third-party host with which we are unfamiliar, while we’ll make every attempt to help with issues related to the above (billed at the standard hourly rate), we may not know enough about their unique server configurations, backend interfaces, etc., to be able to help.

Ongoing Maintenance, Training, Upkeep, Etc.

This agreement states that you’re contracting us for website maintenance, website changes, updates, development, design, and upkeep as needed, all at the hourly project rate.

We’ll definitely attempt to provide you access to any online documentation, help files, and/or manuals that we have or know of, which may be needed and are imperative to the efficient operation of any software we installed on your website that you will operate.

No direct, one-to-one training is included in the project cost, although telephone walkthroughs may be arranged, in certain cases, at the rate of $100 per half hour, billed in 30-minute increments, with a minimum billing fee of $100.  Video tutorials, walkthroughs, or other video-recorded support files can always be provided under the standard hourly project rate.

Payment Schedule for Services

We are sure you understand how important it is, as a small company, that invoices are paid promptly.  An initial retainer, equivalent to a percentage of the project rate, is due upon contract signing.  Our work can begin once:

1) contract is signed,

2) retainer is paid (retainer invoice sent upon contract signing), and

3) all info needed for us to begin the initial work stage(s) is delivered.

As we’re sure you’ll want to stay friends, you also agree to stick tightly to the following payment schedule for the remainder of our contract together:

  • All invoices are due on the 1st of the calendar month. All payments must be made in U.S. funds, please, and submitted promptly.  As  a courtesy and only if needed, you may make full or partial payments up until the 5th day, so long as payment is received, in full, by the 5th of the month.
  • On the 6th day following the invoice date, any and all previously applied concessions, credits, and discounts may become nullified, all previously discounted amount(s) will be reapplied to the invoice, and the website will be taken offline.
  • Invoices older than 30 days begin to accrue late fees and interest on the 30th day at the rate of 4% of the current account balance. Late fees will continue at the rate of 4% of the most recent account balance every 30 days until the balance is paid.
  • Invoice payments should be made via major credit card, debit card, bank account, and/or PayPal. Should alternate “postal mail” payment methods be requested (i.e., cashier’s check or money order), a convenience fee of 7% (but no greater than $30) will apply.
  • All accounts 120 days or more past due will be turned over to a collection agency on or after the 120th day.

You agree to be responsible for the full payment of your account to us or our assigns.  You are also responsible for any and all expenses incurred by us as a result of account status default.  These expenses include, but are not limited to, all collection costs, attorney fees, and collection agency contract fees.

Rush Fee

We agree to start on any service you request under this agreement (“What’s Included”) within 7 business days, unless we specify otherwise to you.  More specifically:

  • Maintenance requests, updates, revisions, technical troubleshooting, or any other form of work or support are classified as “Rush” when you expressly request “ASAP” (or similarly termed) delivery, and we agree to attempt this accelerated delivery.
  • Requests are also classified as “Rush Service” when you ask that work begin, or be completed, any sooner than 7 business days from your initial request date, OR any sooner than 7 business days from the date we’ve previously advised you that we can begin the work, and we agree to begin sooner, or attempt this accelerated delivery.
  • Your project is upgraded to a “Rush Project” when you expressly request that website completion be moved three or more days ahead of our already established and agreed-upon development deadline, and we begin to effectuate this accelerated delivery.

Because we must re-prioritize other client deadlines, delegate to team members and partner vendors, and otherwise go outside our normal scope of work to accommodate rush delivery, rush requests are billed at the rate of $300/hr.  Costs related to the hiring of outside vendors are covered and included under the hourly rush rate unless we specify otherwise to you beforehand.

Communication

Communication between you and us will take place in digital form, and will be billed at the hourly project rate.  Digital form includes, but is not limited to, online chat rooms, messages via project management tool or customer support center, instant messenger, or direct email, as you and we mutually deem most convenient and timely.

You also agree that we may record these calls to add to the Client/Company record of communication.  These may be entered into your project file, so that we begin and remain on the same page during our provision of services for you.

Telephone support, in-person meetings, video or in-person training, conferences, and any other form of coming together to communicate about matters related to this contract are all billed at the project rate.  This includes the time to prepare, as well as time in transit to and from any such meeting or event.

Monthly Website Growth Plans

E-Commerce BASIC and PRO plans both include one half-hour per month of labor, which can you can use for email-based support, website updates, maintenance, backup restorations, website admin area tech support, or creating customized admin area (i.e., WordPress) training videos. (Our time spent reading and responding to your emails and/or conducting chats is deducted from your half-hour of monthly support.) When your 30 minutes is depleted, we’ll let you know and give you the option to defer other requests to next month, or to purchase support at a discounted hourly rate.

E-Commerce PRO plans (only) include an additional half-hour per month of labor, which can you can use for Website Conversion Support Services OR a “Power-20,” a 20-minute miniature business development or marketing consulting session by phone.

Power-20 sessions must be scheduled one business day in advance, please. A scheduled session must be cancelled one business day in advance, please, or you will be billed for the full cost of the session (one half-hour: $100).

Developer as Independent Contractor

Developer (H. T. Major) is a third-party vendor, and neither myself nor my team are or shall be deemed your employee(s).  In our capacity as third-party vendor, we agree and represent, and you agree, as follows:

(a) We have the right to perform services for others during the term of this Agreement subject to noncompetition provisions set out in this Agreement, if any.

(b) We have the sole right to control and direct the means, manner, and method by which the services required by this Agreement will be performed.

(c) Developer has the right to perform the services required by this Agreement at any place or location and at such times as we determine.

(d) We will furnish all equipment and materials used to provide the services required by this Agreement, except to the extent that our work must be performed on or with your computer or existing software.

(e) The services required by this Agreement shall be performed by us, our subcontractors (if any), or our staff, and you shall not be required to hire, supervise, nor pay any assistants to help us provide the services agreed upon and/or outlined here.

(f) We are responsible for paying all ordinary and necessary expenses of our staff and subcontractors.

(g) Neither myself nor my team shall receive any training from you in the professional skills necessary to perform the services required by this Agreement.

(h) Neither myself nor my team shall be required to devote full-time to the performance of the services required by this Agreement.

(i) You shall not provide insurance coverage of any kind for me or my team.

(j) You shall not withhold from our compensation any amount that would normally be withheld from an employee’s pay.

Non-Solicitation of Company-Sought Subcontractors or Employees

You agree not to knowingly hire or solicit my team members or partner vendors during performance of this Agreement, nor for a period of one year after termination of this Agreement, without my written consent.

Legal Stuff

We can’t guarantee that the functions contained in any web page, in its themes, plugins, add-ons, or templates, or in a completed website will always be error-free.  Therefore, we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential, or special damages arising out of the operation of, or inability to operate, your website and any other web pages, even if you have advised us of the possibilities of such damages.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Affiliate Disclaimer

In an effort to be completely transparent, I want to let you know that I have an affiliate relationship with some of the companies whose products or services I recommend.

This means that, at no additional cost to you, I will earn a commission or credit if you decide to buy any of their products or services.

This is one of the ways I pay for maintaining this site. Just to be safe, you can assume that any link that you click while on my site or using any of the products is an affiliate link, and I will earn compensation as a result.

I urge you to not spend any money on any of these products or services unless you really need or can afford them.

Earnings Disclaimer

Every effort has been made to accurately represent the products, services, and/or techniques and their potential as referenced on this website. I am not presenting you with a business opportunity. I am not presenting you with a distributorship.

I am not not making any claims as to income you may earn. I am not presenting you with an opportunity to get rich.

Before embarking on any endeavor, please use caution and seek the advice from your own personal professional advisors, such as your attorney and/or your accountant.

Where income figures are mentioned (if any), those income figures are anecdotal information passed on to me concerning the results achieved by the individual sharing the information. I have performed no independent verification of the statements made by those individuals. Please do not assume that you will make those same income figures.

Please do not construe any statement in this website as a claim or representation of average earnings or average results. There are NO “average” earnings, nor “average” results.

Testimonials and statements of individuals are not to be construed as claims or representations of average earnings or results. I cannot, do not, and will not make any claims as to earnings or results, average, or otherwise.

Success in any endeavor is based on many factors individual to you. I do not know your educational background, your skills, your prior experience, or the time you can and will devote to the endeavor.

Please perform your own due diligence before embarking on any course of action. Follow the advice of your personal qualified advisors.

There are risks in any endeavor that are not suitable for everyone. If you use capital, only “risk” capital should be used.

There is no guarantee that you will earn any money using any of the ideas presented in my materials. Examples in my materials are not to be interpreted as a promise or guarantee of earnings.

Many factors will be important in determining your actual results, and no guarantees are made that you will achieve results similar to mine or anybody else’s. No guarantee is made that you will achieve any result at all from the ideas in my material.

You agree that I will not share in your success, nor will I be responsible for your failure or for your actions in any endeavor you may undertake. Please understand that past performance cannot be an indication of possible future results.

Materials in my product and my website may contain information that includes, or is based upon, forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give my expectations or forecasts of future events.

You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings, financial performance, or conversion rates.

Any and all forward looking statements in my materials are intended to express my opinion of earnings and/or results potential. They are opinions only, and should not be relied upon as fact.

Copyrights

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by your good selves, or that you have permission to use them.

When we receive your final payment for certain services, copyright is automatically assigned as follows:

  • You own the graphics and other visual elements that we expressly create for you for this project. By “create,” we mean to design from scratch.  We will give you a copy of all files and you should store them really safely, as we are not required to keep them or provide any native source files that we used in making them.
  • You also own text content, photographs, and other data you have provided, unless someone else owns them. We own the HTML markup, CSS, and other code, and we license it to you for use on only the current project.
  • We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio, and to write about the project on websites, in magazine articles, and in books about web design.

But where is all the horrible small print?

Just like a parking ticket, you cannot transfer this contract to anyone else without our permission.  This contract stays in place and need not be renewed.  If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of North Carolina courts.


Last Updated Date: 12/15/2015