Effective April 1, 2022
The following terms and conditions apply to all Website Development / Design / SEO / PPC / Social Media or other Support services provided by M16 Marketing unless stated differently in the invoice.
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 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.
Charges for services to be provided by M16 Marketing are defined in the project estimate and/or invoice the Client receives via e-mail. Quotations are valid for a period of 10 days. M16 Marketing reserves the right to alter or decline to provide a quotation after a period of 10 days.
A 1% fee of the total project cost will be assessed for each new week the project is not completed as a result of Client’s delay. After more than 4 weeks of the client’s delay, M16 will require final payment from Client. This final payment will require M16 to move all client’s website and database assets to the client’s server.
If Client fails to make final payment Client will be assessed a 5% fee per week of the total project cost assessed after 4 weeks due to Client’s delay.
Once Client is ready to go live, M16 will make additions and/or modifications and will continue to honor the original scope of work required for completion. A separate quote for maintenance, support and any other ongoing digital marketing services will be provided to Client for approval.
3. Client Warranty & Support
M16 Marketing will allow the client to review the site and provide feedback during the design, development, and deployment phases. Once the original scope of work is completed it will be deemed to be accepted and approved unless the Client notifies M16 Marketing within ten (10) days of the date that the site goes live.
M16’s website warranty covers code and graphics developed by M16 Marketing. The warranty covers errors or omissions by our staff for 6 months after going live. Any code altered by the customer and/or 3rd party applications used in the website is outside the scope of our warranty. The accuracy of the content provided or approved by the customer to complete the website is the customer’s responsibility, and alterations are considered change requests.
The 6 month warranty covers
- Response to your request for support assistance within 24 hours, when properly submitted online, by phone, or by email.
- Fixing broken links.
- Fixing error messages and system loading problems reported by users.
- Fixing problems experienced by users when attempting to play video and audio files or view and download images or documents.
- Fixing viewing problems reported by users where your website is not displaying correctly in certain browser types defined in your contract.
- Assistance with any queries or problems arising with the CMS database system.
- Restoration of any online project that has been vandalized or hacked.
- Image udates – adding, editing and sizing of any pictures added to the existing website which does not fall under the scope of a new layout or actual design of the existing website.
- Text Updates – adding, editing and/or removing any text or copy on the existing site, including any articles, reports, contact information and product or service description.
- Additional requests for Search/Filtering/Content/Design/Layout/Programming/Marketing are not covered on the warranty and would require a separate quote.
- M16 is tot responsible for errors and omissions contained in website content provided by the customer.
Ongoing technical support is a paid service and requires a separate quote.
- Daily monitoring and upgrading as needed to the appropriate WordPress version
- Daily monitoring and upgrading as needed to plugins and other security holes and patches that are flagged
- Daily monitoring and upgrading as needed to parent and child theme
- Daily monitoring and upgrading as needed to new PHP version if needed
- Daily monitoring and automated backup of database and site
- Daily monitoring and fixing 404 errors and broken links as needed
Invoices for web design and development projects require 50% to get started and 50% upon final approval before 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. All projects under $4,999 and less than 30 days will be invoiced at 100% to get started and completed because of the shortened timeframe.
Payments for SEO, PPC, Social Media or other Support services are set up on recurring payments. An automatic recurring payment according to your invoice will be made every 30 Days (“Monthly Payment”) for the renewal of your SEO, PPC, Social Media or other Support services. You have the right to withdraw your consent to this Automatic Recurring Payment at any time. To cancel your Automatic Recurring Payment, email email@example.com.
Payments not set up on automatic recurring monthly payments are invoiced quarterly.
5. Additional Expenses
M16 will seek approval from Client before all additional expenses.
Client agrees to reimburse M16 Marketing for any additional expenses necessary for the completion of the work. Examples would be sc the purchase of special fonts or additional stock photography beyond the 2 images per page included as part of the project.
Each new custom page will be $500 a page. Each new templated page will be $200 a page.
6. Web Browsers
M16 Marketing 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, Safari, and Edge). Client agrees that M16 Marketing cannot guarantee the exact same functionality with all browsers across different operating systems.
M16 Marketing cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, M16 Marketing 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.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for all work completed up to the date of the first notice of cancellation for payment.
All M16 Marketing services may be used for lawful purposes only. You agree to indemnify and hold M16 Marketing harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants M16 Marketing 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 M16 Marketing permission and rights for use of the same and agrees to indemnify and hold harmless M16 Marketing 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 M16 Marketing that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below 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.
11. Governing Law
This Agreement shall be governed by the courts of Fulton County, Georgia.
M16 Marketing 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;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of M16 Marketing 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.
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.