billing terms

Basically, I want to be able to spend my time working with your projects, not chasing down invoices and payments. If you have any questions about an invoice you receive, need additional time to pay or you don't think that what we have sent is correct, by all means let me know as soon as possible. I would rather hear from you than assume otherwise. I would like things to run as smoothly as possible for everyone.

That being said, here are our terms of service:

  1. Payment & Billing. Monthly installments will be collected by credit card. A monthly late charge may be applied, up to the maximum allowed by law, for all past due payments. Any necessary direct billing is due and payable upon receipt. Payments have no correlation to the progress of the project, and payments must be made on time monthly. No work shall be released to CLIENT until all fees as outlined in this agreement are paid in full.

    1. All invoices are emailed via Harvest Time Tracking and/or through my personal email. Please set your spam filters to recognize these senders.
    2. Unless you are on a set fee program, all work is performed and billed on an hourly basis. There is a 15 minute minimum for any work requested. We use Harvest Time Keeping to clock hours to the minute and include this information in each invoice. Invoices are sent to each customer at the end of each month and payment for these invoices is due upon receipt. We accept MasterCard, Visa, Discover & American Express for payment. Payment can be made quickly by clicking the link on your invoice.

      Set fee (retainer) programs are projects that are billed each month in regular set increments at a discounted rate for a 12 month term. These include, but are not limited to: web design, programming, and internet marketing. The billing for these programs are set up on credit card as "recurring" and are billed on the same day each month during the 12 month period. Upon completion of the 12 month term a copy of the website is available upon request. By making first payment (deposit) on the 12 month program you have accepted the terms of the program in their entirety.
    3. All invoices are due upon receipt and are considered late when it has been 3 days since the invoice was originally emailed - at that time all work on the account will cease until payment is made.
    4. If payment has not been made within 15 days, a late fee of $25 will be assessed. If an invoice becomes 30 days late, I will be forced to suspend services including hosting. This means your site will not be displayed on the internet and email services will be stopped until payment in full (including late charges) is received.
  2. Project Timeline. CLIENT understands and acknowledges that successful completion of this project depends substantially on the timely receipt of design, content, and programming information, feedback and approvals. CLIENT agrees that no specific deadlines have been made orally or in writing and CLIENT will notify IDEA GIRL personally in the event of any dispute pertaining to this project to resolve any issues.
  3. Hosting fees, if necessary, are included in the above payment arrangements. Hosting fees are automatically renewed for a 12 month term on a yearly basis. Hosting may be terminated by CLIENT upon written notice 30 days prior to the end of the hosting term. If not canceled in accordance with this agreement, CLIENT shall be responsible for a pro-rata amount of services used up to the point IDEA GIRL is notified of cancellation or not less than 3 months fees whichever is the greatest.
  4. Renewal of Domain Name. CLIENT understands that domain names must be renewed each anniversary of their registration. IDEA GIRL has not been contracted to be the registry agent and account manager. CLIENT agrees that IDEA GIRL is not responsible for damages or downtime in the event of lapse of registration of domain name or loss of domain name for failure of CLIENT to register or renew.
  5. Approval of Material. A complete copy of all material to be included on the web site under this Agreement is subject to approval by IDEA GIRL in advance.
  6. Representations of CLIENT. CLIENT represents and warrants that it has all necessary rights to permit IDEA GIRL to use the advertising materials and links supplied to IDEA GIRL, and that the use, reproduction, distribution, broadcast, or transmission of the advertising materials, in whole or in part, will not violate any criminal laws or any rights of any third parties, including, without limitation, infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false or fraudulent advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-discrimination laws or other regulations, or any other right of any third person or entity.
  7. Liabilities and Hold Harmless. CLIENT warrants that the material furnished by and under this Agreement will not violate any rights of others, and CLIENT agrees to indemnify and hold IDEA GIRL harmless for any claims, causes of action, damages, liability, costs and expenses, including reasonable attorney fees, arising out of or related to any advertising materials supplied by CLIENT, and arising out of or related to any materials to which IDEA GIRL users can link through the advertisement supplied by CLIENT.
  8. Limitation on Liability. IDEA GIRL shall not be liable to CLIENT for any error or omission in advertising at any time, except to the extent of allowing a pro-rata reduction in charges, not to exceed the amount of time occupied by such error or omission. IDEA GIRL cannot warrant that CLIENT will receive any minimum number of contacts or business benefit as a result of the advertising contemplated in this Agreement.
  9. Construction / Oral Modification. This Agreement is made in and shall be construed in accordance with the laws of the State of Kansas, and the obligations of IDEA GIRL hereunder are subject to the terms of its licenses and to all Federal, State or Municipal laws or regulations now or hereafter enforced, and to the regulations of all commissions or other governmental bodies or authorities presently or hereafter to be constituted. This Agreement contains the entire agreement between the parties relating to the subject matter hereof and no change, modification or discharge of any or all of its terms or provisions shall be effective unless made in writing and signed by both parties.
  10. Waiver. A waiver of rights by either party resulting from breach of any provision of this Agreement shall not be deemed to constitute a waiver of rights resulting from any previous or succeeding breach of the same or any other provision.
  11. Assignability. This Agreement is not assignable by CLIENT.
  12. Enforceability. This Agreement shall not be binding unless signed by an authorized agent of IDEA GIRL. In the event management approval is not given, the only liability of IDEA GIRL will be a refund to the customer of any fees paid to IDEA GIRL upon signing of this agreements.
  13. Contract Default || Cancellation: CLIENT may choose to cancel this agreement at any time for any reason with 30 days written notice. Additionally, IDEA GIRL has the right to cancel this agreement if CLIENT defaults on payment. Both types of cancellation will require IDEA GIRL to present actual costs to date at the standard hourly rate of $95 per hour and compare to payments received by CLIENT to date of cancellation. If payments from CLIENT do not equal cost of work performed, CLIENT agrees to pay IDEA GIRL the balance of the account. If payments from CLIENT exceed total hourly rate charges, IDEA GIRL will refund that amount to CLIENT. By making first payment (deposit) on the 12 month program in item #1.2 you have accepted the terms of the program in their entirety including this default / cancellation clause.
  14. Costs and fees.  CLIENT agrees that it will indemnify IDEA GIRL, reimburse IDEA GIRL and hold IDEA GIRL harmless from all of IDEA GIRL's lost, cost and expense, including but not limited to attorneys' fees, that arise from or relate to any copyright, trademark or other infringements by CLIENT; that arise from any dispute between IDEA GIRL and CLIENT that relate in any way to this agreement; that relate in any way to any conduct by CLIENT or its agents, whether intentional, negligent, or unintentional; or that relate in any way to conduct or action by IDEA GIRL or its agents to collect or recover amounts or property owed IDEA GIRL by CLIENT, including but not limited to recovery on judgments by IDEA GIRL against CLIENT
  15. Regulations and Restrictions. IDEA GIRL reserves the right to decline publishing any materials that infringe on another person’s rights, are obscene in nature, plagiaristic or disparaging. IDEA GIRL will not allow false advertising, misleading statements or unwarranted claims. IDEA GIRL shall be the sole judge or whether any advertising or program material violates the restrictions contained herein.

The best way to avoid any disruption in service is to use a credit card for billing. When set up recurring billing you will receive a receipt for your payment as it is approved. There is also a slight discount for using the recurring billing plan.

Please let me know if you have any questions or concerns about our billing policies. I appreciate your business - thank you very much.

Teajai Kimsey

 

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