Client Agreement

OVERALL STATEMENT:

We really hate that we must post any terms of service or "fine print" at all. However, in the age that we are in, we unfortunately feel it is necessary. We rarely ever must point to or enforce anything in this document and honestly prefer not to either. This document is not intended to limit or take advantage of any of our treasured clients. We simply have this document for anyone who might try to take advantage of us as a company in such a sue-happy culture. We are an old-fashioned local company with old fashioned values. 

We care about the local business owner and believe giving your word and a handshake should still be enough to build trust. Sadly, in today’s society, we realize that not everyone upholds their integrity in business anymore and so we are forced to cover almost everything to the extreme in this document. To sum it all up, be fair to us and we will be fair to you. 

We want to build you an amazing website that will hopefully help you get ranked higher on search engines and/or make your visitors enjoy their experience when they visit your site to the extent that they are more apt to do business with your company. The hope is that this will greatly increase your profits and you will appreciate your partnership and agreement with The i-Concepts and Interactive Mobile Concepts. 

Client may not:

• Use (i) the Website(s), (ii) the Services, or (iii) any content, services, features, data, information, text, images, photographs, graphics, scripts, sounds, video, music, sound recordings, programming, logos, trademarks, services marks, HTML code, compilation of content, format, design, user interface and software made available through or which appears on Provider’s created website and/or services to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);

• Interfere with the access, use or enjoyment of this Provider’s websites and/or services by others (including without limitation causing greater demand on the Services than is deemed by Provider as reasonable, attacks such as "flaming" other participants in a manner that might incite or perpetuate a conflict or argument, and creating usernames to attack other participants' identities); harass or defame others; or promote hatred towards any group of people;

• Harvest or otherwise collect non-public information about another user obtained through the website and/or services (including without limitation email addresses), without the prior written consent of Provider and/or the holder of the appropriate rights to such information;

• Add a user account and/or member to Client’s email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes, including "flaming," "spamming," "flooding," "trolling," and "grieving" as those terms are commonly understood and used on the internet;

• Use any Content except for the intended purposes of the Provider’s created websites and/or services, subject always to the terms of this Agreement and Terms of Service. Client may not display, import or export feedback information relating to Provider’s created websites and/or services or use it for purposes unrelated to the Services without Our prior written consent;

• Alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise any part of Provider’s created websites and/or services, the Services, any Content, or features;

• Access or attempt to access any of Provider systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Provider’s created websites and/or services;

• Decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of Provider’s created websites and/or services except if and to the extent permitted by applicable law;

• Copy, distribute, transmit, broadcast, publicly display, publicly perform, rent or sell any portion of the Services, the Site or the Content;

• Use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to monitor or scrap information from this Site or the Services, or bypass any robot exclusion request (either on headers or anywhere else on the Site);

• Fail to deliver timely payment for Client purchases and/or services which are invoiced or billed;

• Use any meta tags or any other "hidden text" utilizing any trademarks or intellectual property owned or licensed by Us;

• Create or provide any other means through which the Services may be accessed, for example, through server emulators, whether for profit or not;

• 'Deep-link', redistribute or facilitate the redistribution of Content; and

• Abuse or use any other means to affect or manipulate the Services in general or the prices quoted through the Services.

• Defame the Character or services offered by Provider on any platform including but not limited to social media, Word Of Mouth, any type of review platform, any type of rating platform, and anything else where the client can use negative words, or intentions to speak ill or poorly of the Provider and cost the provider potential business.

We are not responsible for the accuracy, usefulness, safety or intellectual property rights of any content provided by you (the client). The i-Concepts cannot be held responsible for any trademark, copyright, or IP (intellectual property) infringement. If we are approached by anyone claiming such claims, The i-Concepts will have no choice but to remove all content in question from the site until you (the client) can dispute the case and provide proof of ownership.

By using our services, client agrees that this agreement constitutes a binding contract between the party, “Contact” and “Business Name”, both to be specified in contract form (hereinafter referred to as: Client) and The i-Concepts and Interactive Mobile Concepts (hereinafter referred to as Provider) & is non-cancelable by Client. By using or signing up for and/or using our services, all Clients acknowledge that they have read and agree to the entirety of our Terms & Conditions (often referred to as "terms of service" or "tos"), have fully read and agree to abide by all of the above and following terms of service: 

If Client paid for website development/design and/or digital marketing & management, Provider will build Client's The i-Concepts website or mobile site using the information and pictures Client provide us using the online Content Collection Form you’ll get from our website or via our extraction tool using Client's current website or Facebook page. All terms and conditions of The i-Concepts are governed by the information provided to us through these avenues at the day of signup. Upon account creation & payment, we will add Client's website development work order in our work order queue. Typical turn-around time is 14 to 17 business days for website development completion. If needed, the turn-around time could be be extended depending on work orders in our queue and/or complexity of website design.

Any media (graphics, images & videos) should be properly labeled and of best quality possible. Videos should already be uploaded to YouTube or Vimeo only; no other formats will be accepted. Videos should be provided as links and not actual media files. If there will be outside links, such as third-party applications or websites, Provider holds no responsibility if they do or will not work well in conjunction with the The i-Concepts websites either now nor in the future of Client's site. We have no control over other website or application functions. Provider reserves the right to deny external links, applications and/or websites at any time and for any reason. 

THE I-CONCEPTS NOW ACCEPTS VIDEOS DIRECTLY ON THE WEBSITE – should you wish to upload a video to the website, you must (i) own rights to the video as The i-Concepts cannot be held responsible for any trademark, copyright, or IP infringement, (ii) Video size can not exceed 200mb

All The i-Concepts websites and/or digital marketing and/or any other type of services from Provider will be paid for on the basis of: monthly, annual or full payment prior to the site being made live to the public. The monthly website fee cover the hosting, support, maintenance, and management fee, This fee also covers any minor page changes or page additions needed by the client. Any additional changes beyond this, or more major changes requested may require additional charges (i.e. full redesign of a client website is a major change). Provider will determine if requested corrections are considered “minor” or “major”. Any additions to the site that have not been provided in the initial information, and/or changes that are not associated to the original information will be completed at an additional cost to client.

If there is a balance still due upon signing the Agreement, that entire balance is due within 2 weeks (14 calendar days) of the date the agreement was signed by the Client. No further work will be done nor any continuance of service will be given until the entire balance of contract is paid in full. If the client does not pay the entire balance within 2 weeks of the date of the Agreement, there will be a late fee of $25.00 or 3% of the balance still due, whichever is greater. This late fee will be incurred anew every 30 days past the original Order Agreement date and will be retroactive to the original signup date. The 2-week grace period will be forfeited from excuse or absence of the 30-day late fee period. If there is a balance due, every 30 days after the date of the signed Order Agreement, the client will incur a new late fee as specified above, which will be calculated based on the entire balance due at that point, including any previous late fees that are still unpaid. 

Any balance due based on either the signed agreement or invoice sent via email is due upon receipt. Client may incur Late Fees for any balance still due after the given due date from Provider. Provider usually allows a 7-calendar grace period for most clients, but Provider reserves the right to waive that grace period for any reason at any time without any notice whatsoever. Please pay for Client's services and invoices the day they are due to avoid any late fees or interruption of service. If Client’s services and/or invoices are late to be paid for, Provider may suspend or permanently terminate services with or without any warning. If suspension of services occurs, Client understands that they may lose access to and possibly permanently lose creative rights to project work and services previously performed by Provider including but not limited to: website, creative, graphic and/or video design as well as any progress on search engines and any other marketing accomplishments previously made. Provider reserves the right to refuse services to Client for any reason and without prior warning and with no refunds offered for services previously paid for. If services are suspended for any reason, Client understands that Provider will charge a Reactivation Fee of at least but not limited to $25.00 or more. Client also understands that, if services are suspended and Provider chooses to reinstate Client’s services, Client may be required to pay all services upfront for the next 12 months in addition to any previous charges, including Late Fees, NSF charges, Reactivation fees and previously used or incurred services. 

NSF charges are billed separately than and in addition to any Late Fees. These fees may also be susceptible to late fees if not paid and will be calculated retroactively based on the date of the original order agreement. Client understands that, if one single scheduled or processed payment is returned or invalid for whatever reason, Client's account is deemed by Provider to be at "High Risk". If Client is considered at any time to be "High Risk” by Provider, Client agrees that any and all of the following are to be deemed and performed by Provider: suspension of any and all services agreed up between Client and Provider until full payment is made, including possible late fees, NSF charges and High Risk deposit, if deemed necessary by Provider; forfeiture of any and all rights to any discount previously given when Client signed up for Provider’s services; full charges to be implemented immediately for the total discount that was previously given; up to 12 months (total term of agreement) financial deposit to be debited from Client's financial account immediately via bank transfer, ACH, check or credit card for all services to be paid in advance to ensure Client’s account is financially up to date for the term of the agreement. It is solely up to Provider to deem how many months (up to 12) are warranted before continuing offering service for Client. If the deposit is not made, Client understand that services can and will be immediately suspended and could be terminated forever as well. Client also understands that Client could lose all design, data and information that Client had previously purchased upon being "High Risk" and/or not fulfilling the High-Risk deposit deemed necessary. 

Any website or digital content layouts provided or chosen are considered "expired" after 60 days of the signed contract date. Any account that has not paid the full balance due (including any late fees that have incurred) within 2 months (60 calendar days) of the original signed contract date will forfeit their initial design deposit or any amount paid at that point for layouts and any other service requested. After 60 days without full payment of the entire balance due of the signed Order Agreement, Provider will require an additional $99 fee to provide the same or a different layout in addition to the account balance, including any late fees that have incurred. If client changes their mind at any point in the web design timeframe (web design phases), no refunds are allowed or given for any amount of deposit or money paid and the client will still owe the remainder of the amount due based on the agreed signed contract, even if they decide to no longer go forward with the website they originally agreed upon. 

All sites will begin design once a deposit of 50% of the contracted price has been paid. All sites will be made live to the public once the remaining balance of the contract price has been paid in full. 

Any money paid for services is non-refundable, as non-tangible work is performed for client per Client Agreement. If client does not wish to continue using services, the client forfeits any and all rights to any amount of money that has been paid up to that point. Client may not cancel this agreement. The Provider has a strict “no refund” policy. Services continue on a "month to month" basis and charges will continue to incur and invoices will continue to be sent until a formal written cancelation is made through an email communication official request. A voicemail will not constitute an OFFICIAL REQUEST. 

Client understands that this is an estimate for online services to my previously agreed upon website design order agreement. For the order estimate total listed in our Agreement, Provider agrees to provide online services according to the terms of the signed agreement and/or the terms of this page (both above and below this section and including any future updates herein). Client understands that Provider does not guarantee a time-frame for completion of services but generally they are to be done within a 90-day period after full payment has been received. Provider will supply a URL to a “Live Preview Link” or a live website via Provider’s support system and/or current Project Management system. It is the Client’s sole responsibility to properly login and check via Provider’s support system and/or current Project Management system and verify that they have received a copy of this link. Provider makes no guarantee that Client’s email will work properly to receive such information. Provider does not guarantee in any way that the design work and/or services paid for will be saved nor backed up whatsoever. Client understands that this design will include 2 minor updates (as Provider defines) as long as they are suggested prior to layout approval, as defined by the Support Desk ticket status and/or Project Management system update. Any additional work, web pages or “major” updates (as defined by Provider) to the site past this agreement will be billed independently. Some plans and packages offer "content updates", which are understood to be up to 2 minor updates to the website text and/or photos. “Major updates” such as additional pages, changes to design, graphics & more detailed updates and/or changes are not handled through the original design project, signed agreement, nor are they included in any management & marketing plan. Major updates to the design will be billed additionally and separately from the original agreement/estimate as well as invoiced independently of that agreement. The full balance of the signed agreement is due in full within 2 weeks (14 days) of the date written or printed on the agreement. 

By using our paid services, Client understands that Provider may alter and change the Terms & Conditions (terms of service) at any time, for any reason and without notice to Client. Client agrees to all terms of service and will abide by the future changes of our terms of service even if they are altered in the future. Client understands that Provider must evolve and/or change terms of service on a continual basis due to the nature of services that are provided. 

By using our paid services, Client authorizes Provider to manage their online listings; including but not limited to: search engines, local listings, social media and others. Provider does not guarantee listing information will be correct nor online, especially with so many 3rd party dynamics involved. Certain packages and plans include different online listing work but not all include these. It is the client's (Provider's) sole responsibility to fulfill obligations on their part to ensure proper and timely listing online. This may include giving Provider codes, usernames, passwords, and other information between 3rd parties, client and Provider. Some 3rd parties may text, email or even mail documentation and codes that need to be given and relayed to Provider in order for us to properly perform some services. Provider agrees to do all of these things to ensure proper service can be given. If Provider refuses to and/or neglects to do such obligations and requests, Provider may not be able to perform some services that Provider paid for and offers no refund in such a case. Because the layout, content, design, and settings are built using Provider's proprietary software, servers & tools; all websites, design layouts, databases and any other assets by Provider are forfeited upon termination of service with Provider. We do not offer tangible website design work that can be downloaded and used on other servers, hosts or website companies. Client pays for services to be used exclusively with Provider alone. If client chooses to no longer use Provider's services, that client will lose all rights and usage of the website design, software, tools, copyrighted images, copyrighted videos, and any assets owned by Provider. 

By using our paid services, Client agrees to a minimum of 12 months of services, prior to rendered service either by our monthly or annual plan. Failure to pay account dues prior to the next service term (monthly or annually) may result in account suspension or possibly deletion without warning or backup of any design or services rendered. Provider reserves the right to refuse service to any person or business without warrant or explanation. Provider does not guarantee website uptime in any way and give no promise to continue service with any client. If the account is deleted or service is stopped due to non-payment, neglect, or for any other reason, all website design materials and property may be lost irrevocably. It is solely up to Client to download, backup and save any design, data, graphics, databases and/or services on their own. Provider does not promise to keep nor maintain these for Client. 

By using our paid services, the client understands they will not be given any access to any partner's CMS to help guard against the integrity of the website's design and the website's SEO meta properties. It also guards against 3rd parties from accessing copyrighted assets and sensitive code information, which may include images, videos, copied designs and website content: CMS guidelines. Any changes, additions, and 3rd party code integrations need to be requested through our support email at info@theiconcepts.com or by clicking here.

Client understands that Provider changes plans and package names and details at will and not in connection with previous plans, packages and services; even if the new name of such plans, packages and/or services are similar or even the same as previous ones. As an example, Provider may offer a “Deluxe” package one month that includes SSL (website security) as part of the software service included in that package; but the following month, Provider may consider the new “Deluxe” package to not include that. Each package, plan or software is only considered good, valid and inclusive of services per the time (exact date) that Client originally signed up for that package, plan or service and whatever was included at that time. Client also understands that Provider reserves the right to alter or change the previously agreed upon package, plan or service at any time, for any reason and without notice to Client. All services, software and features of a package, plan or service is subject to change without warning or notice and Client understands that and agrees to abide by whatever Provider changes the plan to, even if that means a loss of service(s) and/or features previously agreed upon or included. 

Provider makes no promises that any 3rd party software and/or services from another company that Client has used or intends to use will continue to work or be accessible. Client understands that services such as domain names, email and any other software or service previously used or signed up for may no longer be accessible or useable upon signing up for and/or using Provider’s services. Client understands that it is solely Client’s responsibility to ensure that these other 3rd party services are backed up and made useful. Client agrees to use Provider’s services at Client’s own risk and might have previous service lost as a result. Client understands that Provider does not support nor help with any other company, software nor service for Client. To put it plainly, it is not Provider’s responsibility to manage your GoDaddy account settings or whatever other previous or desired 3rd party software or service you choose to work with. It is solely up to Client to work with the other company’s support to ensure they work well with Provider’s system and Client will handle 100% of that responsibility and service needs. 

Failure of direct debit or credit card payments, or prompt PayPal Payments to Invoiced Services to Provider for any and all services will result in Provider considering Provider at "High Risk". Provider is not required to contact the Provider to rectify this, as it is Client's responsibility to ensure this is taken care of. A notice to rectify Client's payment situation and make the account in right standing again may be made by Provider via phone call, email, support, Facebook etc. However, Provider is not required to do so. The client is responsible to make sure their contact information is kept up to date for billing purposes. If the account goes unpaid more than 1 day, Provider may, without any further notice other than these terms of service, place Client's account in a suspension period where it is unavailable for public viewing. Client’s usage, features, access & tools may be suspended as well. If the payment situation is not rectified within this suspension period of which Provider may choose the timing, beginning and final conclusion of, Client's account as well as Client's website, menu or any and all services may be terminated without any further notice. This may result in a complete loss of Client's website and/or menu design, and any materials, information, products and offerings stored and/or utilized in our services. 

Provider believes in treating each other (both clients and providers of service) with dignity, honesty and respect. Provider believes that the Client is not always right. If Client treats any of our staff with disrespect, verbal or written abuse or what is deemed as rude conduct, we will either respond in kindness and be professional, advise Client to present yourself and/or your comments differently, or ask Client to "play nice”, meaning we will ask Client to furthermore communicate in a more positive and affirming way. We also reserve the right to terminate business and services with Client at any time, for any reason and without refund of payment for past, present or future services. We have a strict "No Refund" policy. 

Client understands that they are to use; and Provider will use our current Support and/ or Project Management system as the main source for support and billing questions and resolutions. Provider makes no guarantees that a The i-Concepts or any subsidiary of The i-Concepts or any other of its products or services will increase Client's business, gives a higher search engine ranking, increase revenue; nor cure Global Warming, the Common Cold nor create World Peace. 

Any deal, discount or coupon given for certain association membership or information or conversation spoken, typed or written to lead us to believe that Client is a current member in good standing with such an association will need to be verified after signing agreement. If verification documentation and proof is not supplied of such good standing affiliation as well as confirmed with the association within 1 week (7 calendar days) of contract signing, Provider has the authority to remove the discount and charge the Client the difference immediately for the discount or deal given. Client agrees to be charged and debited for the discount that was given if proof is not supplied with that first week of the agreement signature. No discounts are given to "High Risk" clients, as defined in this documentation. Any previously given discount will be retracted and charged to the Provider and/or Client. 

Agreements are for 12 months of service to be paid monthly. After 12 months of service, the contract will continue until canceled by Client or Provider through the support desk. Payments are scheduled for monthly debits via e-check or credit card unless Client defaults on a monthly payment, to which the full and entire annual balance is due immediately. Client authorizes Provider to debit their financial institution via e-check or credit card for all services. 

During the Program Term, all Users will be entitled to receive new release versions of the The i-Concepts services or Mobile Site Premium services, and all updates, revisions and patches to these services. Users are not entitled to receive: (i) new applications and services not included in The i-Concepts services or Mobile Site Premium services as of the start of the Program Term, as determined by Provider at its sole discretion; (ii) versions that allow the Site Services to run on a different platform, operating system or in a different format; (iii) versions or software which are distributed separately from The i-Concepts services or Mobile Site Premium services to Clients generally. Website Services may be immediately terminated, in the sole discretion of Provider, upon any violation of any of these Terms. Provider also reserves the right to terminate Client's services at any time for any reason whatsoever without prior warning and without any reason given. This is rare but must be stated in case any unforeseen circumstances may arise from our partnerships or future business handling.

All paying clients for any of The i-Concepts services agrees to all aforementioned client's terms and agreements without any signed contracts needed. It is the responsibility for all paying clients to read and understand our client agreements before becoming a paid client.

DISCLAIMER: THE I-CONCEPTS WEBSITES ARE BUILT AROUND SPECIFIC SERVER REQUIREMENTS ON AMAZON WEB SERVERS. OUR PARTNER'S CMS HAS FEATURES THAT MAY NOR MAY NOT BE AVAILABLE IN OTHER PLATFORMS. THE I-CONCEPTS IS NOT RESPONSIBLE FOR ENSURING YOUR WEBSITE REMAINS THE EXACT SAME.

For Monthly plans, your invoice will be sent out on the anniversary day of each month. You will have a 7-day grace period to pay this invoice before service disruption. Should anything happen and you need some assistance with your billing, please do not hesitate to contact us HERE for special assistance. We try to be as lenient as possible. However, we reserve the right to demand payment, or add on additional late fees in rare cases. If you have no requested assistance, and have not paid your invoice by the 7th day from your anniversary day of the month, your website will be removed from the internet and a late fee will be applied. 

In the event of the cancellation of website services, previous clients have up to 60 days to re-start their said website services using their old website's design and assets before the deletion of their website. A reactivation fee will be applied to restore website services.

**In special circumstances where the 60 days cancellation period has elapsed, we may be able to recover said website for up to 30 more days from the 60-day cancellation date for an additional recovery fee.

Website/Digital Marketing/SEO:

All Websites, Digital Marketing or SEO services offered by The i-Concepts are pre-paid, or are on a pre-paid subscription basis which are non-refundable. Based on the purchased services, The i-Concepts is required to add such services to software(s) or payments to marketing partners immediately after the purchase. The setup process is initiated immediately (depending on business hours of Company or Partner) after the purchase. The monthly maintenance services are initiated by the monthly recurring subscription. All sales are final. No refunds or credits are applicable as software fees and labor costs are incurred by Cre8 My Site once the payment has been processed for both the initial purchase fees and the monthly recurring subscription fees.

Monthly Maintenance:

The monthly website fee cover the hosting, support, maintenance, and management fee, This fee also covers any minor page changes or page additions needed by the client. Any additional changes beyond this, or more major changes requested may require additional charges (i.e. full redesign of a client website is a major change). Provider will determine if requested corrections are considered “minor” or “major”. Any additions to the site that have not been provided in the initial information, and/or changes that are not associated to the original information will be completed at an additional cost to client. No refunds are afforded for website maintenance (hosting fees or fully managed fees) or any agreed digital marketing or SEO monthly paid services,